ML19344D797
| ML19344D797 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 04/19/1977 |
| From: | Tourtellotte J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Coufal F, Leeds J, Luebke E Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8007140972 | |
| Download: ML19344D797 (2) | |
Text
{{#Wiki_filter:*D v /g sn M%g4>, UNITED $ TAT E3 NUCLEAR REGULATORY CO.'.C.11SSION f,.g',f.v4$ WASHINGl oN. D. C. 20555 e s.-{ 8 o sww, *
- <f, '
- s,. j *e
' '.... + A1ril 19, 1977 Frederic J..Coufal, Esq., Cheiruan Dr. Emmeth A. Luebke Atomic Safety and Licensing Board Atomic Safet; and Licensing Board U. S. !!uclear Regulatory Commission U. S. f!uclear Regulatory Commission Washington, D. C. 20555 tiashington, D. C. 20555 Dr. J. Venn Leeds, Jr. W Atomic Safety and Licensing Board ~ /M 10807 Atuall llousten, Texas 77096 g ) b. b f - APR2E 975Z In the Matter of i k C0'ISUMERS POWER C0"PA 1Y ,,,"... '.7 T g' (Midland Plant, Units 1 and 2) er i.,~ Docket flos. 50-329 and 50-330 Gentlemen: On April 18, 1977 I called Dr. Leeds to Jiscuss soma procedural matters associated with taking Dr. Timm's deposition. I informed Dr. Leeds that the Staff had been unable to arrange a conference call since April 14, 1977, because Mr. Cherry's office reported that he was engaged in other legal duties. In additien, the Staff had received no proof of service of Dr. Timm. Dr. Lceds informed me tihat Mr. Cherry had written a letter to the Board requesting denial of the deposition or additional time to file objections. Although the Staff had not yet received Mr. Cherry's letter, I confirmed that matter with Mr. Cherry's office after talking to Dr. Leeds. In these circumstances, I believed it was appropriate to withdraw the subpoena requiring Dr. Timm to appear on April 20 and to request a new subpoena for a May 5 deposition. This information was relayed to Mr. Cherry's office, Dr. Leeds and Applicant's attorney. I further indicated to Mr. Cherry's office that we were unable to reach Dr. Timm to cancel the appointment for taking deposition on April 20. They said they would attempt to contact Dr. Timm and relay that information to him. THIS DOCUMENT CONTAINS. POOR QUAUTY PAGES.M 8007140 7 / 2 j
__4 . ~_ .m._ .m. _ _ _ _ _ _ _ _ _ ..y J l 2 Later in the day of April 18, a new subpoena issued requiring Dr. Timm's j appearance for deposition on llay 5, 1977. This additional time should l afford Mr. Cherry a reasonable opportunity to file his objections by April 25, 1977. The Staff respectfully requests that the Board rule on those objections by April 28, 1977 so that the Staff may make travel l arrangements. If a response is required to Mr. Cherry's objections, I suggest that those responses be made in a conference ca' at the convenience l of the Board on or before April 28, 1977. t Sinccrely,
- >)
si ,. e. \\ \\ - s W., f...\\:Ir'..K.k i % h' 's...V: James R. Tourtellotte Assistant Chief Hearing Counsel l CC: Myron M. Cherry, Esq. Judd L. Bacon, Esq. Honorable Curt T. Schneider Ms. Mary Sinclair Harold F. Reis, Esq. L. F. Uute, Esq. Mr. Steve Gadler R. Rex Renfro>i, III, Esq. Atomic Safety and Licensing Board Panel. Atomic Safety and Licensing Aopeal Panel Docketing and Service Section Dr. Richard J. Timm l James R. Yore, Esq. 1 i l l e. ( L-m}}