ML19344A262

Util Motion to File Response to Intervenors' 770627 Filings.Requests ASLB Accept Util Response Instanter.Util Response to Filings Encl.Related Correspondence

ML19344A262
Person / Time
Site:	Midland
Issue date:	07/08/1977
From:	Renfrow R, Rosso D CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19344A263	List: ML19344A262 ML19344A267
References
NUDOCS 8008070643
Download: ML19344A262 (4)

Text

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UNITED STATES OF AMERICA h@'.GS # d NUCLEAR REGULATORY COMMISSION Ajy h Before the Atomic F'afety and Licensing Board

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In the' Matter of )

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CONSUMERS POWER COMPANY ) Docket Nos. M 9 ~

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

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l MOTION FOR LEAVE TO FILE THE RESPONSE OF CONSUMERS POWER COMPANY TO FILINGS OF INTERVENORS DATED JUNE 27, 1977

1. By letter dated June 27, 1977, the Intervenors in this proceeding filed:

l (1) An Answer to Motions of Consumers l

Power Company (Licensee) Objecting to the

' Introduction of Intervenors' Exhibits ~(dated June 8, 1977);

(2) An Answer to Licensee's Request i

• to Admit Interrogatory Answers (dated June 1, 1977);

(3) An Answer-to Licensee's Motion Requesting Admission of Certain Exhibits I

-Previously Identified in the Record (dated l June 7,.1977);

i (4) A Motion to Admit Board Exhibits j 1 and 2; and I (5) An~ Answer to Licensee's Motion to Strike the Testimony of Richard J. Timm (dated June 13, 1977)~ and Motion to Strike the Rebuttal l

Affidavit of Richard J. Timm (dated June 21, 1977)..

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With regard to all of these filings except-for =the Motion toLIntroduce Board 1 Exhibits l' and ;2,10 CFR-1; i 2. 730 (c) does not provide Licensee a right to reply _.except

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as permitted by~a presiding'o'fficer. Licensee respe'ctfully 7 requests that'this' Board grant Licensee.the right to respond

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to:Intervenors' filings instanter.;

3., The basis forEthis request is

that Inter-- "

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I s venors' ' ? filings contain numerous mischaracterizations of 4 facts and. law.- These mischaracterizations, coupled with the~

Atomic' Safety'and Licensing Appeal. Board's.recent. decision.

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j regarding an-attorney's responsibility to correctly cite-I . documents and law.-[ Tennessee valley Authority (Hartsville Nuclear ~ Plant,: Units ~1A, 2A, 1B and 2B)', ALAB-409, NRCI'77/7 ',

'(March 31, 1977)]' call for.a response 1from Licensee. '

4. One example of the mischaracterizations which

appear;in;Intervenors' filings can be found'in their Answer to Licensees Objection.to Exhibits 67 and 68. Intervenors s

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cite,' as an example of Licensee's legal' arguments to the Board being

'"disengenuous" the'following portion of'a  !

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sentence:

that~ conditions and needs are 1

differentLtodayfand all issues have to-1

- befre-resolved in that light. i i

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Intervenors' counsel then statesEthat-this " admission by Consumers . . . .- totally undercuts the statements by Consumers' j lawyers madeito the' Board time.and time again." Indeed, l

the~fullLparagraph of the document from which that portion

'of a' sentence is takenl reads'as follows:

Consumers replied that Cherry will;ask the question - .are conditions hetween Dow and: Consumers different now? If so, these conditions need to be made public and examined by_.the Hearing Board. He will ,

=also point out that the. contract arrange-ments are different. Cherry will also ask questions-such as -- does Dow want to.have all its eggs in'one basket? Is Dow still behind the project? Does Dow still want to deal'with an " incompetent. utility"? Cherry

.can go-into questioning in great detail and

.it could last for' weeks. He will say that

.. conditions and.needs are FJfferent today and all issues have to be re-resolved in.

that light.

4 4 Thus, it could not'be clearer that the statement which

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Intervenors quote as an admission of Licensee in reality refers to the bogus. arguments made by counsel for Intervenors in this proceeding. -This type of advocacy cannot be allowed to go unchallenged..

Based lonithe above, Licensee respectfully requests

- that.this Board accept Licencees included response instanter.-

. Respectfully sub'mitted, David J. Rosso t

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