ML19344D814
| ML19344D814 | |
| Person / Time | |
|---|---|
| Site: | Point Beach, Midland  |
| Issue date: | 08/23/1973 |
| From: | Reis H LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL |
| To: | Rowden M US ATOMIC ENERGY COMMISSION (AEC) |
| References | |
| NUDOCS 8007250831 | |
| Download: ML19344D814 (3) | |
Text
8 l' _
.n@ti NUMBES nNma aoo.a.ua Em64 3g f.
enoo. a um So.M gy L AW OF r r t *,
N.W M A N. Ill0 I S & A XI;I.lf A I) teoO CONNFCTICHT AVENUE.N W WASHI NGTON. D. C. 20 03 0 aOF 298-7505
....e.,..e.
Mi M8tR RP1-9-I
.....s e o ese.
- eTl.'.'l.' ', 'e",lff';........
r90 p so aut, August 29, 1973
~
")
/
THIS DOCUMENT CONTAINS onttETEI POOR QUALITY PAGES LE AUG3119
- F Marcus A.
Rowden, Esq.
gm General Counsel rose messee 9
D U. S. Atomic Energy Commission Washington, D.
C.
20545 3
Re:
Apparent Inconsistent Position on ACRS Testimony - Docket Nos. 50-329, 50-330, 50-301 and RM 50-1
Dear Mr. Rowden:
I have received a copy of a letter to you from Myron M. Cherry, Est,., dated August 22, 1973, and captioned as above.
In that letter Mr. Cherry makes certain statements concerning testimony of Messrs. Case and Engelhardt of the Atomic Energy Commission in " hearings held by Commissioner Denenberg of the State of Pennsylvania Insurance Commission."
j Mr. Cherry indicates that those witnesses adopted a position concerning " testimony of the Advisory Committee on Reactor Safeguards.
." inconsistent with positions taken by the l
i Atomic Energy Commission or its staf f in the proceedings re-ferred to in the caption.
In consequence, Mr. Cherry requests "a definitive opinion by you as to the status and nature of the ACRS inso-f ar as its testimony is concerned."
He refers to possible alternato positions you could take and expresses the view that if one of them should be adopted "then it seems to me that the Commission should sua_ sponte reopen the Midland, Point Beach and ECCS proceedings to permit the service of f
subpoenas upon the ACRS."
l 1 am not aware of the precise naturc of the testi-mony before Commissioner Denenberg to which Mr. Cherry refers.
I l
8007250 h '
/
e
- a. =. _
.__.m..._....
~
N r.w eu.. Its. ti A s.nsra n f t.o rces.; A.
Howden, Eng.
Amlun t. 2'J, 1973 Pio.in 2 Nor do I take any position as to whether the requested opinion should be supplied.
However, I am counsel of record in the Midland and ECCS proceedings.
On the basis of my knowledge of those proceedings, I cannot conceive of any " definitive opinion" which would permit the Commission to reopen those proceedings "sua sponte" and without according the partici-pants in each of the proceedings an opportunity to address the propriety of any such action.
Thus, an examination of the record in the Midland proceeding will disclose that no question was presented con-corning the Commission's authority to decide whether ACRS members may testify or whether they are free agents in this respect.
The matter apparently referred to arose in the context of a request by intervenors to question the ACRS or its members concerning the basis for ACRS reports of June 18 and September 23, 1970.
That request was denied by the Licensing Boarl because the reports were admitted into the record solely in order to comply with section 182b. of the Atonde Energy Act of 1954 (42 U.S.C. S 2232(b)) and not as evidence of the truth of any statement therein.
Consequently, therc was no need to question the ACRS or its members, in person or by interrogatories, concerning the basis for their views, and the request was denied.
Similarly, the ECCS proceeding ( RM-50 -1) is a rule making proceeding involving limitations, not present in adjudicatory proceedings, relating to subpoenas requiring the tes timony of witnesses.
Accordingly, in the event that the Commission should consider reopening any of the proceedings, as suggested in Mr. Churry's letter, I hereby request that the parties who might be affected thereby be advised in advance and given an opportunity to address the question whether the Commission's position does in fact require the reopening of a possibly af fected proceeding.
Sincerely,
-g Ha$Wf YM rold F. Reis
7 N :wm4N, Rsts & Axet. RAD Marcttt: A.
Howdon, Ecq.
Aivitin t 29, 1973 l',ie b. 3 CC:
Honorable Herbert S.
Denenberg, Pennsylvania Commissioner of Insurance Chairman, U. S. Atomic Energy Commission Secretary, U. S. Atomic Energy Commission Chairman, ACRS Mr. Edson Case Thomas F. Engelhardt, Esq.
Counsel for Applicant and Regulatory Staff in Point Beach Proceeding (Messrs. Charnoff and Gallo)
Counsel for Dow Chemical, Regulatory Staff, Mapleton and Saginaw Intervenors in Midland Proceeding (Messrs. Wessel, Kartalia, Vogel and Cherry)
Counsel in ECCS Proceeding (Messrs. Cowan, Edgar, Cherry, Perlik, Freeman and Murray)
I I
L l
l I
l L
_