ML19347A609

Forwards 761229 Ltrs to ASLB & to CPC Counsel.Schedule of Witnesses Cannot Be Agreed Upon W/Cpc.Requests ASLB to Order Counsel 761229 Witness Schedule & to Continue Hearing Wk of 770124 & Thereafter.Related Correspondence

ML19347A609
Person / Time
Site:	Midland
Issue date:	12/29/1976
From:	Cherry M CHERRY, M.M./CHERRY, FLYNN & KANTER
To:	Coufal F, Leeds J, Luebke E Atomic Safety and Licensing Board Panel
Shared Package
ML19347A610	List: ML19347A609 ML19347A612
References
NUDOCS 8007291066
Download: ML19347A609 (2)

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CHICAGO. lLLINols 6o611 , e*[

• x.AET NUMBER o.n Ei.n 45*"  !

g "900. & UTit, IAB, 84 -T2.9 73gl) December 29, 1976 4 s, *,

Dr. Emmeth A. Luebke Dr. J. Venn Leeds Atomic Safety and Licensing 10807 Atwell Board Panel Houston, Texas 77096 U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Frederic.J. Coufal, Esq., Chairman Atomic Safety and Licensing Baard Panel U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Re: Consumers Power-Company Midland Proceedings Gentlemen:

I enclose two letters of December 29, 1976, one to the' Board and one to counsel for Consumers. The letters contain various information that I thought the Board should be apprised of, including status of Interrogatories submitted to Consumers and the status of production of documents.

The Board's order of December 23, 1976 required the parties to get together on the schedule of witnesses.' There is no agreement between Consumers and myself regarding the  !

schedule of witnesses, although my understanding is that Dow '

~ Chemical and the Regulatory Staff would have no objection to the schedule I prop.osed. The schedule I have proposed (and supporting reasons) appear at pages 2-4 of t.he enclosed letter of December 29, 1976 to Mr. Renfrow and additional reasons are included'in the P.S. to the enclosed December 29 letter to the Board.

Since the enclosed-letters were written at-various stages of telephone conversations with Consumers' lawyers and others, I thought-I would send this cover letter to indicate that Consumers refuses to produce witnesses in accordance with a reasonabl.e schedule and as required by earlier Board rulings, and I ask the Board'to order the schedule which I have set out and in the enclosed December 29 letter to Messrs. Rosso Renfrow.

The other request I have made is set forth'in the enclosed 3.page letter to the Board which' includes a request for continuation of the hearing, if necessary, the week of pj January 24 and thereafter.

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t Dr's. Luebka and Leeds and Mr. Coufal Page Tuo

.-December. 29, 1970 l.+

I presently do not see any-problem in discovery with.

Consumers if they-keep their word on representations made to me, Land ILwill let the Board know as scen es ponatolo if there is a~ problem. .

Respe tfully, e

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Myrob y p

MMC:es enclosures ' /' .

j cc: Mr. C. R. Stephens (

Lawrence Brnner,-Esq.

R. Rex Renfrow, Esq.

David-J. Rosso, Esq.

L. F. Nute, Esq.

Mr. Steve J. Gadler i Mrs. Mary Sinclair i

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