ML19331B303

Intervenors' Response to Applicant 770504 Motion to Assess Costs.Statements & Inferences Made in Motion Are Incorrect. Proof of Svc Encl.Related Correspondence

ML19331B303
Person / Time
Site:	Midland
Issue date:	05/09/1977
From:	Cherry M CHERRY, M.M./CHERRY, FLYNN & KANTER, Saginaw Intervenor
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8007280906
Download: ML19331B303 (2)

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gS $1l UNITED STATES OF AMERICA k 4 Sh NUCLEAR REGULATORY COMMISSION 1 ' -$Y b x 8 Before the Atomic Safety and Licensing Board NQ , ,

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In the Matter of >

) Docket Nos. 50-329 CONSUMERS POWER COMPANY ) 50-330

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(Midland Plant, Units 1 and 2) ) I INTERVENORS ' RESPONSE TO CONSUMERS' I MOTION OE MAY 4, 1977 TO ASSESS COSTS i

l Intervenors and their counsel hereby oppose Consumers' Motion for costs for at least the following reasons:

1. The statements made in that Motion by Consumers' counsel l 1

are incorrect;

2. Consumers then builds on their own incorrect statements by drawing incorrect inferences;

3. The facts surrounding the production of Dr. Timm are as I have stated and we will not repeat them here;

4. The Board is without authority to entertain Consumers' Motion, and we fully believe Consumers' Motion was filed in an effort to detract from earlier Motions filed by us and pending before the Board which go to the manipulation of testin ony by Con-sumers Power Company in this proceeding. In fact, the Board still has pending before it its own Motion to investigate the preparation of Dow testimony by Consumers' counsel;

5. The Motion is highly. improper and is unsupported by any Affidavit as it could not be since the matters and inferences 8007280 70 ( g

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gll0 s g F :s contained in the Motion are created out of whole cloth.

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• Respectfully submitted, ff Dated: May 9, 1977 N b 00.

Attorne r for all Inter #bhors except ow Chemical Cdmpany MYRON M, CHERRY ,

One TBM Plaza, Suite 4501 I Chicago, Illinois 60611 (312) 565-1177 1

PROOF OF SERVICE I hereby certify that a copy of the foregoing INTERVENORS' RESPONSE TO COR UMERS' MOTION OF MAY 4, 1977 TO ASSESS COSTS was served in person on members of the Atomic Safety ard Licensing Board Panel and counsel for Consumers Power Company, the Nuclear Regulatory Staff and counsel for Dow Chemical, on May 9, 1977, at the Allerton Hotel, Chicago, Illinois 60611, and served on the same date by mail, postage l prepaid, properly addressed, to the Office of Docketing and Services, U. S. Nuclear Regulatory Commission, Offi e of the Secretary, Washington, D. C. 20S55.

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