ML19344A208

Request for Certification to AEC of Denial of Saginaw 720415 Motion for Adjournment.Cites DE Kartalia & Aw Murphy Transcript Comments of Doubts Re ECCS Adequacy.Certification Encl

ML19344A208
Person / Time
Site:	Midland
Issue date:	05/08/1972
From:	Cherry M CHERRY, M.M./CHERRY, FLYNN & KANTER, Saginaw Intervenor
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19344A205	List: ML19344A204 ML19344A207 ML19344A208 ML19344A210 ML19344A212
References
NUDOCS 8008060554
Download: ML19344A208 (3)

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J UNITED STATES OF AMERICA.

'h. cxt._ V, ATOMIC-ENERGY COMMISSION Q

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CONSUMERS POWER COMPANY ) Docket-Nos. 50-329

) 50-330

. MIDLAND PLANT UNITS l' AND 2 )

REQUEST FOR CERTIFICATION-On April 15, 1972 Saginaw Valley, et al. Intervenors l

filed a verified' Motion for an adjournment of the hearing, coupled l

! -with suggestions for certain prehearing procedures to be folicwed during the period of adjournment. This motion was the subject of l

further oral argument on April 28, 1972. See transcrip.c pp. 5254, l

sea.; 5263-77; 5281-96; 5313. The Board denied.the Motion, l . e t,.

L although'no' party (other than Saginaw) submitted any facts w$ich would support any assertion of prejudice.

Saginaw-Valley, et al. Intervenors hereby request the Board to certify .to the(Commission the denial of the Motion, calling'to the Commission's attention the verified letter filed Linisupport of-the. Motion'and the relevant portions of the prehearing conference :on' April 28, 1972.

.As additional support for this request, we call specific

attention;to? the comments of Mr. fKartalia at page 5253 of thejerans-

.cript, where he said:

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"I would like to say, if there is any possibility

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of working out a reasonable compromise date whereby Mr. Cherry could remain fully active in both cases, i that I would certainly-be in favor of exploring it.

I think he-is entitled to that consideration."

Finally,-we would call the Board's attention to the statement of Chairman Murphy at page 5276 of the transcript:

"The basic. trouble I have with that-position is that if the ECCS is postulated as not working, you can't license this reactor in any event. So that from a radiological _ _s_tandgoint, as I understand it, if you make the assumption that ECCS won't work, you can't license it."

Thus, as indicated in other Motions filed today, the state of the

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ECCS record demonstrates that there is no basis for a conclusion that ECCS will' work. .Thus, if the Board after reviewing the proffered testimony, agrees with us, then such agreement serves as an additional l reason for delaying the hearing and hence adds to the novelty 0which forms the basis for the request-for certification.

Respectfully submitted, SAGINAW VALLEY, ET AL. INTERVENORS c%

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-l MyronfM.-Cherry l

- DATED: ~May 8,.1972.

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'CF5TIFICATION I certify: that .-copies of '.iic . foregoing: document l' ~..Were mailed, postage prepaid, on May 8, 1972 to. members of .

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the : Atomic Safety & Licensing Board, the Secretary of the.

Acomic Energy Commission and all counsel of record.

Myron M. Cherry v

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