ML19347A667
| ML19347A667 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 06/01/1978 |
| From: | Cohen R, Engelhardt T, Olmstead W CHERRY, M.M./CHERRY, FLYNN & KANTER, NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD), Saginaw Intervenor |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML19347A664 | List: |
| References | |
| ISSUANCES-SP, NUDOCS 8007310574 | |
| Download: ML19347A667 (5) | |
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-UNITED STATES OF AMERICA.
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. NUCLEAR REGULATORY COMMISSION 9
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.In the Matter of
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CONSUMERS POWER COMPANY
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Docket _Nos. 50-329 SP
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50-330 SP (Midland Plant, Units 1 and 2)
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(Special Proceeding)
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' MOTION OF THE PARTIES TO FORWARD REPORT OF FURTHER SETTLEMENT DISCUSSIONS TO THE COMMISSION During the May 17, 1978 conference of attorneys in this proceeding, the Special. Board requested the parties to consider some alternative y
3 approaches to settlement of the Special Proceeding. On May 23, 1978, 4
the,Special Board issued an Order referring to certain alternatives it wished the parties to explore further. The parties have discussed those proposals, among others, and.have determined that further F
settlement discussions are not likely to be productive at this time.
s Consequently, the parties have agreed upon a statement (Attachment A)
.which describes their present posture.. '"he parties agree that the -
language of the statement would be appropriate for the Board to use in reporting on the status of settlement discussions to the Commission.
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- 1 Since the 'new tems set forth therein can only be acted upon by the
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l Commission,' the parties believe further discussions between the-Special Board and the parties are unnecessary and hereb'y ~ move the Special.
' Board to forward its report on further settlement discussions to the Commission consistent with the attached statement.
Respectfully submitted, UA
~$5a William J. Olmstead
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Counsel for the NRC Staff -
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Thomas F. Engelhardt Counsel for the NRC Staff
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W Counsel.for Saginaw Intervenors gns
[f Counsel for Myron M. Cherry
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Mo Counsel for Messrs. James R. Tourtellotte and Milton -J.
Grossman Dated this /,1f-day o
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e-C Attachment. A In-order to dispose finally of this proceeding as proposed in Chairman Hendrie's letter to the Chairman of the Special Board of January 30, 1978, and in view of Chairman Hendrie's '1etter to.Mr. Deaie of April 28, 1978, Saginaw Intervenors and Mr. Cherry would be willing to terminate the proceedings on the terms stated in the Motion and Stipulation dated March 13, 1978, with the deletion of paragraph 9, in the event that the Comission agrees to seek-an opinion from the Comptroller General with respect to the following question and the Comptroller General responds to that question in the negative:
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oce=n In connection with the termination and settlement [
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t of a special proceeding brought to investigate H
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charges against a private attorney and NRC Staff E
attorneys, which termination and settlement results %
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in a withdrawal and striking of all charges against
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,al) such attorneys, does the NRC have authority to
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rei.'durse a maximum of $1,000 in actual out-of-pocket O,,y (,
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expenses incurred on behalf of the private attorney in connection with such proceeding, when the NRC has paid all fees and expenses of the staff attorneys in connection with such proceeding, and the NRC believes that the withdrawal, settlement _and termination of the proceeding is in the public interest?
Alternatively, Saginaw Intervenors and Mr. Cherry would be willing to terminate the proceeding.on the terms stated in the Motion and Stipulation dated March 13, 1978, with the deletion of paragraph 9, in the event that the following language is included as a substitute therefor:
9.
And that the Nuclear Regulatory Commission 4
shall pay legal. fees and actual out-of-pocket expenses incurred in the Special Proceeding by or on behalf of the Saginaw Intervenors for prosecuting the portions of the Licensing Board's charges relating to conduct of staff attorneys, unless the Commission receives a formal. opinion from the Comptroller General to the effect.that it is not authorized to pay such fees and
-expenses under the. circumstances presented.
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Uhile the other parties.are willing to settle without paragraph 9, should either.of the above conditionsL sought by Mr. Cherry and Saginaw Intervenors
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come-into existence a settlement agreement by all the -parties would result.
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- u CERTIFICATE OF SERVICE I certify that copies of the foregoing Motion-of the Parties _:
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to Forward Report of Further Settlement -Discussions to the Cor: mission j
have been served'on' all parties of record by first-class mail this 1st 3
day of June,.1978.
T. S. L. Perlm &anELn
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