ML19331B010
| ML19331B010 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 02/25/1977 |
| From: | Coufal F Atomic Safety and Licensing Board Panel |
| To: | AFFILIATION NOT ASSIGNED |
| References | |
| NUDOCS 8007250687 | |
| Download: ML19331B010 (8) | |
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CONSUMERS POWER COMPAh7 Docket Nos. 50-329 /
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50-330 (Midland Plant, Units 1 and 2)
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ORDER I.
Mr. Cherry, who represents all the Intervenors in this case other than Dow Chemical Company, has filed the testimony of Dr. Richard J. Timm.
Dr. Timm, the testi-mony indicates, is now the Supervisor of Energy Planning for the Oregon Department of Energy at Salem.
Prior to that he worked for several years in energy need forecasting for the State of Wisconsin.
He holds a doctorate in mech-anical engineering from the University of Wisconsin.
The pre-filed testimony relates to alternatives to the Midland Plant as now planned and urged by the other parties to the proceeding, concludes that another more economic alternative is preferable, and that continued construction forecloses this and other alternatives.
The testimony, as filed, and the cross-examination that will result if the testimony is i
i received seem to the Board to be valuable additions to the f
hearing record.
We have so stated in the past.
Without it, the only evidence in the record relating to the same areas of concern will be that of the Licensee and the Staff C
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. t which are not diverse in general effect.
Dow apparently intends to present no evidence on these questions though Dow witnesses have testified as to that Company's relation-ship to the Midland Plant and related items.
II.
The Intervenors who have sponsored Dr. Timm have stated to the Board that they are unable to further finance his participation and have withdrawn his testimony.
They have asked that the Board find a way to finance the Timm testimony.
We have indicated that if Dr. Timm was released from sponsorship by these Intervenors, we would look into the matter of his sponsorship by the Board.
Such sponsorship before a disengagement by the prospective wit-l ness from all the parties would clearly violate the Commission's policy enunciated last November 12 (In the Matter of Nuclear Regulatory Commission (Financial Assis-tance to Participants in Commission Proceedings) NRCI-76/11, 494).
L III.
We have received from Mr. Cherry various legal
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theories as to how this financial assistance may be accom-p plished.
All the theories ignore the clear published Commission policy by which we are bound.
We have not received from him or his clients an unequivocal release of Dr. Timm so that anyone other than these Intervenors
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has the freedom to deal with Dr. Timm as a free agent.
That being the case, we find no way under Commission policy to provide financial assistance to Dr. Timm.
IV.
Mr. Cherry also seeks financial assistance for his continued participation.
We have no reason to doubt that Mr. Cherry is appearing in this proceeding at con-siderable financial loss.
We acknowledge that his partic-ipation has been of value.
We are unable however to adopt his suggestion that he appear as a " Board advocate."
Mr.
Cherry has vigorously represented his clients.
To consider that he now could assume the mantle of a detached " Board advocate" raises so many problems that to state the pro-p po,sition is to reject it.
We hope Mr. Cherry finds the resources to stay in the case but to finance his partic-ipation would be an obvious violation of the Commission's policy.
j.
L V.
In his letter of February 19, 1977 to the Board, I:
Mr. Cherry suggested that the Board contact a Commissioner 7
to determine the state of the Commission's present intent with regard to financing Intervenors.
The basis for this request is a telephone conversation that is said to have taken place between one of the Intervenors and an aide or assistant to a Commissioner.
We, of course, can't resolve
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.H L problems by calling Commissioners offices.
We are bound to apply the Commission's published rules, regulations, and written policy statements.
To go beyond these sources 2,
for Commission direction is clearly improper.
If the Commission publishes a change in the rules regarding financ-ing of Intervenors, we will attempt to follow the new rule.
Until then we are bound by our perceptions of the old.
VI.
The Staff has asked that its rebuttal testimony, to be filed February 28, 1977, be not shown Dr. Timm until after he testifies.
We think this request is reasonable and will order that no rebuttal testimony of any party be
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disclosed to Dr. Timm until the Board has an opportunity
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to read it and further rule.
VII.
We will resume in Chicago on Wednesday, March 9, f.
i 1977, at a place to be announced, on the assumption that
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Dr. Timm will be present to testify even though financial assistance has not been afforded.
Dr. Timm will be follow-
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ed by any Licensee or Staff testimony which the Board may I
entertain.
IT IS THEREFORE ORDERED:
(1)
That financial assistance to the Intervenors is denied-i
-. (2)
That rebuttal testimony filed by any party may not be shown to Dr. Timm until it is
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read by the Board and a further order issued; and (3)
That the hearing will resume on March 9, 1977, in Chicago at a location to be announced.
THE ATOMIC SAFETY AND LICENSING BOARD
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v{LL C C L W Jk Frederic 9', Coufal,' Chairman l--
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Dated at Bethesda,~ Maryland, this 25th day of February, 1977.
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0; ITT.D STATES OF A>:tRICA NUCl.EAlt REGULAT0lW CO:' IISSIO!i J
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In the ::stter of '
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CO::SD:ERS PO'. ER CO2-:PANY
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Docket No.(s) 50-329
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50-330
(?!Idland Plant, Unit Nos. 1 and 2) 2
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CERTITICATE OT S1:RVTCE I hereby certify th:t I have this day served the foregoing docu=ent(s) upen et.ch person designated on the official service list cempiled by the Of fice of the Secretary of the Cor.nission in this proceeding in
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accordenec with the requirements of Section 2.712 of 10 CFR Part 2-
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Ruler of Practice, of the ::ucicar Regulatory Commission's Rules and
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Regulations.
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Dated ar Washington, D.C. this
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day of hY' 19 I
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Office of the Secretary of the for.T.ission
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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In the Matter of
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CONSUMERS PO'ER COMPANY
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Docket No.(s) 50-329
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50-330 (Midland Plant, Units 1 and 2)
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SERVICE LIST Frederic J. Soufal, Esq., Chairman Atomic Safety and Licensing Board U.S. Nuc1 car Regulatory Co= mission Washington, D.C.
20555 Dr. Emmeth A. Luebke James A. Kendall, Esq.
Atomic Safety and Licensing Board Currie and Kendall U.S. Nuclear Regulatory Commission 135 North Saginaw Road Washington, D.C.
20555 Midland, Michigan 48640 Dr. J. Venn Leeds, Jr.
Judd L. Bacon, Esq.
10807 Atwcil Consu=crs Power Company Housten, Texa-77096 212 West Michigan Avenue Jackson, Michigan 49201 Office of the Executive Legal Director Counsel for NRC Staff Willia = J. Ginster, Esq.
U.S. Nucicar Regulatory Commission Merrill Building, Suite 4 Washington, D.C.
20555 Saginaw, Michigan 48602 Myron M. Cherry, Esq.
Milton R. Wessel, Esq.
One IBM Plaza Dow Chemical j.
Chicago, Illinois 60611 4 Little Lane j '
White Plains, New York 10605 i
Harold F. Reis, Esq.
Lowenstein, Neuman, Reis 6 /x.ir !
Honorable Curtis G. reck l
1025 Connecticut Avenue, N.k.
Assistant Attorney General Washington, D.C.
20036 State of Michigan Scien Story Office Building Honorabic Charles a.
Briscoe 525 Vest Ottawa Assistant Attorney Cencral Lansing, Michigan 48913 State of Kansas Topeka, Kansas 66612 Lee Nute, En;.
Michigan Divisitn Irving Like, Esq.
The Dow Chemical Co=pany Reilly, Like and Schneider 47 Building 200 Weat Main Street Midland, Michigan 48640 Pabylon, New York 11702 i
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'50-329, -330 p:g's 2 Anthony Z. Roisman, Esq.
Roisman, Kessler and Cashdan 1025 - 15th Street, N.W.
h'ashington, D.C.
20005 David J. Rosso, Esq.
R. Rex Renfrow, III, Esq.
Isham, Lincoln & Beale 1050 - 17th Street, N.W.
Washington, D.C.
20036 Caryl A. Bartelman, Esq.
Isham, Lincoln & Beale One First National Bank Plaza Chicago, Illinois 60603 Ms. Mary Sinclair 5711 Sucmerset Street Midicnd, Michigan 48640 PJ. Steve Gadler, P.E.
2120 Carter Avenue St. Paul, Minnesota 55108 Grace Dow Memorial Library 1710 West St. Andrew Road Midland, Michigan 48640 4
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