ML19338C167
| ML19338C167 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 12/19/1977 |
| From: | Deale V Atomic Safety and Licensing Board Panel |
| To: | NRC COMMISSION (OCM) |
| References | |
| NUDOCS 8008050619 | |
| Download: ML19338C167 (8) | |
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,/.34 UNITED STATES OF AMERICA NUCLEA R REGULATORY COMMISSION
[ Docket Nos. 50-329 and 50-330]
p 14 N
enervo THE CONS'UMERS POWER COMPANY h
I DEC 1.91977 >5
'3 (Midland Plant, Units 1 and 2)
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eg;,,g,7 9 ORDER D
Re Time and Place for Prehearing Con-3 ference in Special Proceeding, Appearances of Attorneys, and Conference Agenda The Atomic Safety and Licensing Board for Speciti Proceeding hereby calls a prehearing conference of the attorneys against whom charges were preferred by the presiding officer's order of November 4, 1977 and of the parties initiating the charge.. Such conference is scheduled to be held
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at 10:00 a.m., Monday, January 9,1978 in Courtroom 17, Sixth Floor, i
United States Court House, Constitution Avenue and John Marshall Place, N. W., Washington, D. C.
l The board requires that each attorney representing any attorney against whom the presiding officer had preferred charges and each attorney representing a party which initiated any of the charges enter their respec-tive appearances in the special proceeding prior to the prehearing conference in the manner provided for at 10 CFR 52. 713(a). Also, if any other party in the underlying proceeding being conducted pursuant to the remand by the United States Court of Appeals for the District of Columbia wishes to participate in the special proceeding, its attorney, too, should enter an appearance infthe special proceeding prior to the prehearing conference 8008050/6 { 7 g
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m in the manner provided for at 10 CFR $2.713(a) and at that time indicate the position of the party whom he or she represents with respect to the preferred ' charges.
The following subjects will be included on the agenda of the pre-hearing conference in addition to such other subjects as may later appear.
desirable:
1.
Charges preferred. The board directs each attorney against whom charges have been preferred and each party which had 3
previously initiated such charges to exchange with one another s-and to submit to the board a concise statement of the individual charges of professional misconduct which are encompassed by
. the presiding officer's order of November 4,1977. The indi-vidual charges should be stated in terms of 10 CFR 52.713 (c)'
(1)-(5) and the American Bar Association's Code of Professional Responsibility. The requested statement should also specifically; describe the alleged professional misconduct upon which each charge rests. The above exchange and submission of the re-
- quested statement should be completed no later than Thursday, 4
January 5,1978.
- 2.. Hearing of the preferred charges. A full evidentiary hearing cn: alleged professional misconduct of the individual attorneys against whom the presiding officers had preferred charges is contemplated with all parties in the special proceeding having e
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3 xthe right to present evidence and to conduct cross examination.
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The burden of proof is on the party or parties which initiated 1
the charges 7 eferred in the presiding officer's order of Novem-
.ber 4, 1977.
3.
Identification of the evidence which each party in the special proceeding proposes to submit at the hearing, including names of witnesses,' description of documents to be produced, citations of transcript pages, etc.
Such evidence must directly concern the alleged professional mis conduct of one or another of the individual attorneys against whom the presiding officer had preferred charges, or to the denial of same.
4.
Discovery. If a party in the special proceeding contemplates dis-covery, he or it should identify precisely the discovery sought and the basis therefor. Similarly, a party ob-l 'cting to any pro-j d
posed discovery should state his or its objections with supporting
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reasons.
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5.
Discipline. The board ~ requests that each party which initiated ni the charges giving rise to this special proceeding specify the ex-
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act. discipline which it is now seeking this boa'rd to impose upon l
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. the attorney or attorneys against whom its charges were directed. -
l ll and the authority for the board to impose such discipline.
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Preliminary Motions. It is expected that the boardlwill set a l
time schedule for the filing of preliminary motions in advance of i
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,the hearing date.
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Schedule for hearing. Tne board anticipates that at the pre-
' hearing conference it wih set a date for the beginning of the -
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. hearing.
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. a entine B. Deafe, hai m i
Atomic Safety and Licensing Board
- for Special Proceeding-
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Dated at' Washington, D. C.
. this y of December 1977
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7-h; UNITED STATES OF.A>1 ERICA
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. NUC1. EAR. REGUI.ATORY COSDIISS ION -
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In the Matter of
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CONSUMERS POWER COMPANY'
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Docket No. (s)- 50-329
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50-330
-(Midland Plant, Unit Nos l'and.2)
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-CERTIFICATE OF SERT.*TCE I hereby. certify that I have this day served the foregoing docu=ent(s) upon each person designated ~ on the official. service' list co= piled by the Of fice of the ~ Secretary of the Commission in this proceeding in
.accordance with the require =ents of Section 2.712 of 10 CFR'Part 2--
Rules of Practice, of the Nuclear Regulatory Commission's Rules anc '
Regulations.
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Dated at Washington, C. this.
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day of 88 1977 a
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.Offics'off the Secretary.of'the so==ission e
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-1 UNITED STATES OF AMERICA.
k NUCLEAR REGULATORY COMMISSION
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In the Matter of
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CONSUMERS POWER COMPANY
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Docket No.(s) 50-329 j
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50-330-(Midland Plant, Units 1 and 2)
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SERVICE LIST 1
Valentine B. Deale, Esq.
Norton Hatlie, Esq.
1001 Connecticut Averue, N.W.
P.O. Box 103 3~
Washington, D.C.
20036 Navarre, Minnesota 55392 James A. Kendall, Esq.
Margaret M. Laurence, Esq.
Currie and Kendall 5007 King Richard Drive 135 North Saginaw Road Annandale, Virginia 22003 -
Midland, Michigan 48640 e
Gary L. - Milhollin, Esq.
Judd L. Bacon, Esq.
~ 1815' Jefferson Street Consumers Power-Company Madison, Wisconsin 53711 212 West Michigan Avenue j
Jackson, Michigan 49201 j
Counsel for NRC Staff William J. Ginster, Esq.
U.S. Nuclear Regulatory Commission Merrill Building, Suite 4 i
Washington, D.C.
20555 Saginaw, Michigan 48602
-Myron M. Cherry, Esq.
Herbert H. Edwards, Esq.
One IBM Plaza ~
Dow diemical Company
- l Chicago,-Illinoie 60611 2030 Dow Qenter Midland, Michigan 48640 i._
Harold F. Reis, Esq.
Lowenstein, Newman, Reis & Axelrad
'lonorable Curtis G. Beck 1025 Connecticut Avenue, N.W.
Assistant Actorney General
-Washington, D.C.
20036 State'of Michigan Seven Story Office Building Honorable Charles:A.'Briec'cc 525 West Ottawa Assistant Attucaey General Lansing, Michigan. 48913 -
' Star; of: Kansas Topeka, ' Kansa s 66612 Lee Nute, Esq.
Michigan Division Irving Like, Esq.
The Dow Chemical Company Reilly, Like and Schneider 47 Building 200 West Main Street Midland, Michigan 48640 Babylon, New York 11702' i
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150-329,'-330f P383 2 t
C's Anthony!Z. ' koisman, Eso.
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- Natural.' Resou'rces Defense ' Council.
917 - 15th Street, N.W.
Washington, D;C.
20005 e
(Joseph L Callo,. Esq.
Isham, Lincoln & Beale
'1050 - 17th S treet, N.W.
Washington, D.C.
'20036-
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- Michael I. Miller, Esq.
Caryl-A. -Bartelman, Esq.
Isham, Lincoln-& Beale
- One First-National-Bank Plaza Chicago,. Illinois.60603 U
Ms. Mary sinclair-5711 Summerset Street Midland, Michigan 48640 Mr. Steve Gadler, P.E.
2120 Carter Avenue St. Paul,-Minnesota. 55108 Grace Dow Memorial Library 1710 West St. Andrew Road
' Midland, Michigan 48640
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.m 50-329/330 Page 3
- t. Harold Rasmussen Mr. Carl L. De Santo Business Manager, Local 169 Business Manager, Local Union Boi'er Makers Union No. 408 3
5936 Chase Road-Sheet Metal Worker's International'
Dearborn,
-Michigan 48126 Association 1400 W. Genessee-
'Mr. Arthur Chambers, Presidnet Saginaw, Michigan 48602 Tri-County Building Trades
. United. Association of Journeymen.
Mr. Robert Ducharme
.and Apprentices of the Plumbing Business Manager, U.'A. Local 85
-Pipe Fitting Industry United-Association of Journeymen and 2011s Washington Street Apprentices of the Plumbing and Bay City, Michigan 48705 Pipe Fitting Industry 731~Gratiot Avenue Mr. Gerald E.-Richert 5aginaw, Michigan ~48602 Business Representative,-Local Union No. 1654 Mr. Richard L. Wheeler United Brotherhood of Carpenters and Business Manager, Fin. Sec. Trea.
Joiners of America Reinforced Iron Workers Local Union 426 300 State Street 16322 West Warren Avenue Midland, Michigan 48640 Detroit, Michigan 48228 Mr. Robert E. Lynch Ms. Nancy P. Sinclair Business Representative, Local No'.
Saginaw Intervenors and President, 324, 324-A, 324-B, 324-C, 324-D Citizens Committee to Protect International Union of Operating Michigan Environment Engineers:
5711 Summerset Dr.
1640 Porter' Street Midland, Michigan 48640 Detroit, Michigan 48216 Dr. Robert G. Asperger Mr. Lawrence Meier 12 Dennis Ct.
Business' Manager, Laborer's Local'1098 Midland, Michigan 48640 Labor's International Union of. North-Ms, Mary P. Sinclair America 5711 Summerset Drive 345 Morley Drive Midland, Michigan 48640 Saginsw, Michigan :48601 Mr. John M. Maher Mr.-Richard D. White Executive Vice President Business Agent, International Association -Midland Area Chamber of Commerce of Heat-and Frost Insulators and 300 Rodd Street 1
Asbestos Workers Midland, Michigan 48640 401 N. Mill St. Louis, Michigan 48880 Mr. Floyd Young Business Manager, Local Union.
No. 629, AFL-CIO Internationa) Brotherhood of Electrical-Workers 1330 West Thomas. Street
~ Bay City, Michigan J48706
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