ML19331A969
| ML19331A969 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 01/04/1978 |
| From: | Cohen R, Freeman M ARNOLD & PORTER |
| To: | Deale V Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8007240552 | |
| Download: ML19331A969 (2) | |
Text
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ARNOLD POE. TEM 1229 NIN CT CCNTH STACCT N.W WA SHINGTO N. D. C. 20 03 E tggge=cht (2C3, 373 67CC f,
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January 4, 1978 Pi 4
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Valentine B.
Deale, Esquire gp Chairman, Special Board THIS DOCUMENT CONTA P0OR QUAUTY PAGES 1001 Connecticut Avenue, N.W.
Washington, D.
C.
20036 Re:
Consumers Power Co. (Midland Plant, Units 1 and 2); Docket Nos. 50-329, 50-330, Special Proceeding.
Dear Mr. Deale:
When you telephoned me on December 9 with respect to our representation of Myron M.
Cherry, Esq., in connection with certain matters referred to the Special Board of which you are Chairman, I agreed to a date of January 9, 1978 for a "prehearing conference."-
On the basis of our conversation, I had the impression that the Special Board contemplated that this initial conference would be devoted to a general discussion of preliminary issues, including (1) a timetable for raising questions involving the jurisdiction of the Special Board to hear these matters, and (2) the nature of the appearance which counsel should approp-riately enter pending the resolution of the jurisdictional questions.
In this connection, I infor=ed you that we had substan-tial-questions concerning the Special Board's jurisdiction in this proceeding and wished to preserve the right to challenge the Board's authority in federal court, if in our view this course of action appeared advisable.
For this reason, I stated we planned to seek direction from the Board to ensure that such a right would not be waived as a result of our appearance or participation before the Special Board on behalf of Mr. Cherry.
800724o S G g
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.i R N O L D
.N PORTER Valentine B.
Deale, Esquire January 4, 1978 Page Two Because we believe that it would be in the interests of l
our client and perhaps of the other parties who may be involved in,this proceeding if such preliminary questions could be con-sidered and reso1Ved~at~the outset, we respectfully;kequest that the Special. Board's order of December 19, 1977, be rescinded.in its entirety, except as to the'date and place of
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I the "prehearing' conference."
Under the circumstances mentioned, we do not feel that we can appropriately enter an unqualified appearance in this proceeding or deal with the substantive allegations until the l
Nevertheless, you may be' issues of jurisdiction are resolved.
advised that we plan to be present on behalf of Mr. Cherry at 1978.
For the Special Board meeting scheduled for January 9, Ms. Cohen and I are, inter alia, members of your information, the bar of the Court of Appeals ' of the District of Columbia.
Copies of this communication are going to all members We are also sending copies as a matter of the Special Board.
of courtesy to all other persons who have entered a formal although we are not clear, even after informal i
appearance, Accordingly, inquiry, what interest they have in the matter.
service on such persons is'not to be regarded as a concession j
The that they do have any right to appear in the proceeding.
service lists attached to - the various notices of appearance in-f clude other persons and organizations without specification of We have their interest in the matter before the Special Board.
not served such persons or organizations but are submitting to you additional copies of this letter for such circulation as you deem appropriate.
Respectfully, l't/
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Milton V.
Freeman Rosalind C. Cohen Counsel for Myron M.
Cherry l
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