ML19338C222

Refers to 731210 Meeting W/Midland Nuclear Committee Re Show Cause Order & Characterization of Meeting.Requests Statement Re Meeting & Answers to Questions Re Order & Subsequent Suspension

ML19338C222
Person / Time
Site:	Midland
Issue date:	12/17/1973
From:	Cherry M JENNER & BLOCK
To:	Muntzing L US ATOMIC ENERGY COMMISSION (AEC)
References
NUDOCS 8008050672
Download: ML19338C222 (4)

Text

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. , LAW OFFICES JENNER & BLOCK -

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' CHICAGO, ILUNJIS 60 618 22F#9350 AR E = CQ Q E 312 December 17,-1973

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~Mr. L. Manning Muntzing

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AIR MAIL Director _of Regulation. SPECIAL DELIVERY

-United States-Atomic Energy Commission Washington, D.C._ _ 20545 4

Re:- Order To_Show Cause, Construction Permits Nos. 81 and 82'

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Dear Manning:

i It has been reported to me today by my clients in Midland, Michigan,.that on December 10, 1973 you met with representa-tives of the Midland Nuclear' Committee, which is comprised of

. citizens of Midland, Michigan, who have supported the construc-tion of the nuclear' facility in Midland, Michigan.- I understand-that the subject of your_ meeting was, in part, your December 3 Order To Show Cause in connection with the Construction Permits

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l Nos. 81_and 62i and generally the. attitude of the Atomic Energy.

Commission in connection with these proceedings.;

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While -I am sure that insofar as you' are concerned, the meeting was-handled with utmost regard for the integrity of' the ' Hearing process, and; other . rulesiof fairness , I must report

?- - to you how the representatives withwhom you met have charac-i terized their~ meeting with you.upon their return to Midland, Michigan. j The; people .wiuh whom you -met have been quoted. as saying-

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j 4  : that based upon their meeting..with you, the Director of .Regu- 'l lation, the- Atomic: Energy Commission fully supports at this

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. juncture-the continued construction of the Midland nuclear ^

facility and that-the-Order To'Show cause;would soon "go away" after-certain-remedial' steps have been.taken by Consumers Power j Company.

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'I am ~ sure that no such statements were made by you, how- .

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, Dever, 'in light of the' circumstances and in order to protect 1

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M-Mr.IL'. Manning Muntzing

December'17,J1973--

Page Two my clients,nI must ask you to clarify ~ publicly by letter to thos'e with whom you met that such was'not and is not your-

- position.. Certainly _ it must be made' clear , that it is :the factual record'which.will council'a decision concerning the

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- future.of the Midland nuclear facility and not-anything'else.

. Accordingly,.I-would respectfully appreciate a. prompt conmunication-from you'to the representativesLof the Midland-Nuclear Committee setting the record straight.

Kind'regards for the holiday season.

Sincerely, I

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/ s lunC MMC:I My(ot M. Cherry

'I cc:. Dr. Dixie Lee Ray, Chairman

~ Atomic Energy Commission Mr. William O. Doub, Commissienar

-Atomic Energy. Commission Secretary,;AEC P.S. . December 18, 1973 i

I prepared this letter before your action' yesterday i

' afternoon' illegally" lifting the-suspension provisions'of the i Show :Cause _ Order. As you-may_by now know, I have filed an'-

emergency petition with the Commission to void your outrageous

' action.-

I: n_ow - feel compelled, on behalf of my _ clients, to request 3

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as strongly~as I.can a--clear statement concerning the December i

10. : 1973~ secret meeting which you had with the Midland Nuclear

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Committee.- j i

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' Mr.hL.JManning Muntzing Decemberi17,31973 Page'Three

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. / Some of the'. questions whichmust' be _ answered publicly;

._ include-why was I not. informed of-the secret inspection on

~. December 6,:1973(when'I w'as informed'of everything else?

Why was I not--informed of the tentative ~ results of that -

secret inspection given the fact ~that I wasl communicating with your office, as well as Mr. Keppler's' office,;and Mr.

Keppler had. earlier as' sured me that you had'instructe'd him to keep me current'on~thetMidland problems? 'Why1 was Iinot 4 informed o'f the intention illegally to amend the'Show Cause Order'in advance of_its-implementation, so that1I'might have

-an opportunity.'to make my. clients' views heard? Finally,-

swhy_is it that persons'with whom you met on December 10, i- 1973.have characterized;that meeting in the'way described -

above=~-lhow.do-you justify meeting with one interested party on matters of_ substance-related to the Show Cause Order but

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not meeting;with others?

I expect,-indeed.the public interest demands, a prompt and: complete disclosure regarding the_ circumstances outlined above and this postscript.

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Myron M. Cherry -

cc: Secretary U..s. Atomic Energy Commission A

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DATE OF DOCUMENT ACTION COMPLE TION DE ADLINE Jemmer & Block, Cbice:m, Ill. 12/17/73 1/3/J/1 T* ACTION PROCESSING DATES PREPARE FOR blGNATURE OF:

Acknowledged Cheirman _

b. M in$ M tSiS$ interim Reply I Director of Regulation -f Fina _H= #" 'O  ? .

oE3 RIPTION bte heiginal O Copy 0 Oth., # 0 *"" *'

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r 2 wtg 12/10 with Midland Neelear Cmaittee eeacerning the Midlaed Show Caese Order & ademis their characterizaties of the utg upon retaarm to Midlaed - reg a statament concerning ..!

the =cs & enewees te geestiene comeerming the order sad amb- 3 sequent sospenstem & that a clerLfying Itr he samt to the

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Ccesittee attending the meettag. - w.

REFERRED TO DATE 15 NOTIFICATION TO THE JCAE RECOMMENDED?

Shepar f/ action L2/20/73 Cn:

Meetsia8 Erwhat Filos)

Gesaisk yBE ) 50-329 =

L o% ry tysa ) _33o i c. .m hh I.

DIRECTOR CF REGULATION . Form HQ 32 (173)

COMMUNICATIONS CONTROL U$AEC

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