ML19344A293
| ML19344A293 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 07/15/1977 |
| From: | Cherry M, Flynn P CHERRY, M.M./CHERRY, FLYNN & KANTER |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML19344A280 | List: |
| References | |
| NUDOCS 8008070668 | |
| Download: ML19344A293 (2) | |
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Before the Atomic Safety and Licensing Board ed In the Matter of
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CONSUMERS POWER COMPANY
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Docket Nos. 50-329
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50-330 (Midland Plant, Units 1 and 2) )
l MOTION TO STRIKE STAFF REPORT
~AND TO ENFORCE BOARD ORDER FOR INDEPENDENT ANALYSIS Earlier in these proceedings-the-Licensing Board l
ordered the ' Regulatory Staff to do an indepth and inder 2nden't
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analysis of possible, inconsistencies ;between the record of the Midland proceeding and information ' submitted by Consumers l
Power Company to the Michigan Public Service Commission.
l The Report filed by the Staff in May 1977 is neither an analysis of:the entire inconsistencies and on its face' demonstrates that it was notIindependently prepared and is based upon information obtained from Consumers.
See Report, pp. - 2, 22, and our" Response of Intervenors Other Than Dow l
ChemicalcCompany to Feld/Gunders.en Report on the Inconsistencies L
.Between~ Consumers' Rate Case Filin'g and its Testimony ~'in the
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Suspension'. Hearings" filed contemporaneously,with this Motion.
It'makes no sense for.the~ Board to order the Staff to do an independent-review and then have the Staff attempt to (80d8070) k [
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- discharg'e - that heavy responsibility by copying information
'from Consumers.
That kind of tactic turns the whole process into a deadly joke.
Accordingly, we move for the entry of an order that the May 1977 Report by the Staff be stricken and that it be~ ordered to prepare a new report on the inconsistencies.
Given1the reluctance of the Staff' to do any independent i-analysis, we also seek an order from the Board setting forth
. specific instructions.co the Staff as to how it will comply with its independent obligations.
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' Wherefore, we request the entry of an order consistent.with this Motion.
i Respect ully submitted,
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One of ne Attorneys / tat 19tervenors j
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Dow Chemical C pany i
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l Myron M. Cherry Peter:A. Flynn
- One -IBM Plaza l Suite-4501.
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- Chicago, Illinois' -60611 (312) 565-1177--
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