ML19331A979
| ML19331A979 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 01/16/1973 |
| From: | Wessel M KAYE, SCHOLER, FIERMAN, HAYS & HANDLER |
| To: | |
| Shared Package | |
| ML19331A980 | List: |
| References | |
| NUDOCS 8007240561 | |
| Download: ML19331A979 (3) | |
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i 1NITCD STATES OF A:itRICA j
ATO:IIC EMIGCY CO:!:tISS10N I
In the !!a t t e r o f
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CONSUltERS POWER CO:!P ANY 3
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!!idland Plant, Units 1 and 2 )
AFFIDAVIT MILTON R.
WESSEL, being duly sworn, deposes and I
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says j
1.
I am a member of Kaye, Scheler, Fierman, Hays j
& Handler, Hearing Attorneys for Intervenor The Dow Chemical 3
i Company (DOV) and submit this affidavit in opposition to the SAGINAW January 7, 1973 :totion to Recall.
8 2.
Chairman !!urphy's article "AtonTc Saf ety and -
l Licensing' Boards:
An Experi=ent in Administrative Decision
l j
Making on Safety Questions" (ASLB Experiment), 33 Law and t
(
l Contemp. Prob. 366 (1968), and the Chairman's earlier ASLB i
opinions, including Calvert Cliffs, were referred to
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frequently during the Hearing in this matter.
The ASLB f
Experiment article was cited in Footnote 18 at page 16 of I
l 1
1 Dov's December'15, 1970 Memorandum to the Hearing Board, l
i submitted in opposition to various Saginaw motions.
s 3.
The preliminary Report of the Association of j
the Bar of the City of New York's Special Committee on Electric Power and the Environment, of which Chairman i
l l
Murphy was a Member, was widely reported publicly in :tay, I
s, i
1972.
Chairman !!u rphy 's paper "The National Environmental 4
l Policy Acc and the Licensia;; Proccas" subsitted to the
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. THIS DOCUMENT CONTAINS P00R QUALITY PAGES l
'N-we 18001240 1
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Committco on_ Licenses and Authori:ations of the Adminis-trat,1ve Conference of the United States is several times i
cited and drawn upon (Chapter IV, Fn. 174 Chapter V, in s.'
2, 32, 41, 50, 54, 77, 85 and 185, Chapter VIII, Fns.
?
Individual Views of !!essrs. Kennedy, 9
and 12.
et al.s Fn.3).
1 The SAGINAW motion indicates that I
l this paper is substantially g the same as the Columbia article of which they complain
!s A the Foreword to the bound and printed Final Report
- states, the preliminary Report "was widely circulated I
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to government.
! industry, environmental interests and the general pubiic.
i f An Open Forum was held at the House t
of the Association on t
1 May 25. at i
which representatives of a wide spec trum of views. l f
3 appeared and presented their comments Wr1 t. ' ' J.
l to the Committee.
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.t ten comments were thereafter received from nany other h
f sources as well" (p. III).
The Report includes references f
4 i
I to the views of counsel for Opposing Intervenors (Chapter V, ins. 108-9).
This Report was alsc referred to informally i
during the proceedings herein, I
as suggested in the SAGINAW
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affidavit (p. 3),
t-t.
I j
4 The printed, bound final Report of the Bar i
f
- Association Committee is dat_ed August 1, 1972.
The final F
i I
4 Report was again widely publicized when it
.I appeared, as had been the preliminary Report.
i s
I 5.
The October, 1972 issue of the Columbia Law fR L
eview referred to in i
the SACINAW Motion, was l
received in
- my office on Navember 6, 1972.
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6.
The foregoing shows that even if one of the t
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! SACINAW counsel had not I
seen or heard of the actual a
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4 Columbia-Law Review articic until late December, 1972, other SAGINAU or ?!APLT. TON counsel or their clients.(a) l had probably scen - the Columb ia article when it appeared and that a'1, includin ; the SAGINAW affiant,(b). had probably seen the substance of the earlier version of the
- article, and (c) in any event, had long.known the-Chair-man's' views on these issues.
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- f...., m.<. r.
.-[z s...- t Milton R.
Wessel-Sworn to before ne this 16th day of January, 1,973.
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Notary Public
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