ML19344A180

Amended Motion to Permit Late Filing Due to Fire in Secretary of Intervenors' Apartment & Chief Counsel Mm Cherry Confinement to Home Due to Back Injury.Motion Should Be Granted

ML19344A180
Person / Time
Site:	Midland
Issue date:	06/30/1977
From:	Cherry M, Flynn P CHERRY, M.M./CHERRY, FLYNN & KANTER
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19344A177	List: ML19344A176 ML19344A178 ML19344A180 ML19344A181
References
NUDOCS 8008060514
Download: ML19344A180 (2)

Text

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NUCLEAR EEGULATORY COMMISSION 4 Ig' ,e

&gMy Bjfore the Atomic Safety and Licensing Board E 3sb ,, A -5:-

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CONSUMERS POWER COMPANY ) Docket Nos. 50-329

) 50-330 (Midland Plant, Units.1 and 2) )

' AMENDED MOTION TO PERMIT LATE FILING 1 Intervenors other Dow Chemical Company, by their attorneys, move the Board for tho entry of an order granting them leave to file instanter thn following documents, all of .,

I whi'ch have' been served upoit the parties and transmitted to the l Board and the Commission's Docketing and Services Section either prior to or together with this Motion:

1. Intervenors' Proposed Findings of Fact and Conclusions of Law.

2. Intervenors' Brief.

3. Intervenors' Motion to Introduce Additional Exhibits.

4. -An Errata Sheet correcting typographical errors in the Proposed Findings of Fact and Conclusions of Law. --

This Motion is made necessary by a combination. of unforeseeable circumstances,-including: -(i) the fact that on June 25, 1977, the _ secretary of Intervenors ' counsel who has 8008ogo Wy

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been responsible for the typing and corredting of the above documents l lost'her apartment and all'of her belongings due to

fire; (ii) the fact that on June 29, 1977, as the Proposed n Findings were at-the~ stage of final revision and the other documents noted 'above were in the process of. preparation, Intervenors' chief counsel Myron-M. Cherry became (as he still '

is) confine'd to his home by reason of a back injury; and (iii) the fact that. the xerox e,quipment of counsel for Intervenors-

completely broke down, at a- time when no other equipment was available. Intervenors' councel have diligently endeavored to complete the preparation and service of all of the above docu-

ments despite those unfortunate events, and represent that i receipt by Consumers Power Company of the documents has been j delayed by. less than- 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> as ' '

j w result of those events.

! Intervenors ' counsel further represent that service of Inter--

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venors' Proposed Findings and Conclusions on counsel for the

) NRC Staff was also delayed less than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />, and that counse'l I

for the Staff.has -advised that service of the remaining documents 1

on the Staff by mail- will not result in any prejudice to the 4

Staff.

Respectfully submitted,-

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. One of the Attorneys for Intervenors

- other than Dow Chemical Company .

. .Myron:M.-Cherry:

Peter,A. Flynn

~One? IBM Plaza-1 Suite 14501 ..

Chica 60611 (312): go _

, Illinois .

565-1177-m J 7 1 'w- w ==u -

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