ML19331B310

Affidavit in Support of Further Response Opposing Censure & Cost Motions & Statement in Support of Intervenors' Motions to Strike Certain NRC & Applicant Filings

ML19331B310
Person / Time
Site:	Midland
Issue date:	05/13/1977
From:	Cherry M CHERRY, M.M./CHERRY, FLYNN & KANTER
To:
Shared Package
ML19331B307	List: ML19331B306 ML19331B310
References
NUDOCS 8007280912
Download: ML19331B310 (3)

Text

_

,, __4 s j -

BEnTED ConrE?0."DENCE ,gg UNITED STATES OF AMERICA h k if f .

t

\

NUCLEAR REGULATORY COMMISSION  ?

4" \q,Aw (2

N, pry;

• Before the Atomic Safety and Licensing Board 'e '

' / . :. # .

In the Matter of )

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

)

(Midland Plant, Units 1 and 2) ) '

\,

A' AFFIDAVIT OF MYRON M. CHERRY IN SUPPORT OF THE .

FURTHER RESPONSE IN OPPOSITION TO l CENSURE MOTIONS AND COST MOTIONS AND l STATEMENT IN SUPPORT OF INTERVENORS'

. MOTIONS TO STRIKE CERTAIN FILINGS OF THE REGULATORY STAFF AND CONSUMERS IN THESE PROCEEDINGS MYRON M. CHERRY, being first duly sworn on oath, duly states:

1. I am an attorney licensed before numerous courts and agencies, including the Nuclear Regulatory Commission;

2. I have, since approximately 1970, been very active in opposing the Atomic Energy Commission, the Nuclear Regulatory Commis-sion, the nuclear industry, and Consumers Power Company;

3. By and large, my efforts have been successful, but my conduct, thoroughly justified and always responsible, has caused me to incur the enmity of the nuclear industry and Consumers Power Company;

4. My professional representation of anti-nuclear groups has also caused me to earn the enmity of certain AEC officials and now of the NRC. This stems not only from my forceful representation of my clients' interests, but also because of the successful exposure which I and others made in the Emergency Core Cooling System (ECCS) hearings. These exposures dealt with the suppression of evidence 8007280 97 g pye -

1 and other matters which I have referred to in correspondence in the Midland dockets dated April 5, 1977 and May 6, 1977. - -

5. Because of efforts made by myself and my clients and Dr. Richard Timm in the Midland proceedings,.we have exposed once cgain the lack of independence and incompetent regulation by the Regulatory Staff. We have also exposed Consumers Power Company's bankrupt case, as well as that company's role in attempting to manipulate testimony in this proceeding. During the entire course of these Midland suspension proceedings, I have vigorously repre-sented my clients and sometimes engaged in heated debate with other lawyers. At no time have I ever done anything which was not in the best interests of my clients as an advocate, and which do not comp' ort with standards of professional conduct;

6. On many occasions, however, I have been the recipient of breaches of professional conduct by other lawyers in these pro-ccedings;

7. Because of the facts stated in accompanying papers, I am informed and believe that the Censure Motion filed by the Regulatory Staff on March 25, 1977, the Response thereto filed by Consumers Power Company on April 4, 1977, and Consumers Power Company's Motion of May 4, 1977 were not pleadings made in good faith, but were calculated to intimidate my representation in these and other cases.

I believe an investigation by the Licensing Board will bear out my information and belief;

8. The Motions referred to in the immediately preceding para-graph were, I am informed and believe, filed in bad faith and calculated

to place a smoke screen over the admissions of record which show that the Regulatory Staff did not do an independent review in this proceeding (among other things) and that Consumers Power Company attempted to manipulate testimony in these proceedings (among other things).

C_' /

.'u /Lk /

yron M. Cherry b

Subscribed and sworn to before me this /3d day of May, 1977. O$ 4 I / .

[ Notary Public g 4

e

, ,. ..-n-,