ML19354C324
| ML19354C324 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 03/09/1972 |
| From: | Lowenstein R LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL |
| To: | Buck J, Quarles L, Wells A NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8007230853 | |
| Download: ML19354C324 (2) | |
Text
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Gig e Algie A. Wells, Esq., Chairman Dr. Lawrence R. Quarles Atomic Safety and Licensing Dean, School of Engineering Appeal Board and Applied Sciences U.
S. Atomic Energy Commission University of Virginia Washington, D. C.
20545 Charlottesville, Va. 22901 Dr. John H. Buck Group Vice President Automation Industries, Inc.
1901 Building, Century City Los Angeles, Calif. 90067 In the Matter of Consumers Power Company Midland Plant, Units 1 and 2 Docket Nos. 50-329 and 50-330
Dear Sirs:
We are in receipt of "The Petition of Steve J. Gadler For Review of Atomic Safety & Licensing Board Order Denying Petition To Intervene", dated February 28, 1972.
By this petition, Mr. Gadler seeks review of an order of the Atomic Safe'ty and Licensing Board in the captioned proceeding, dated February 9, 1972, denying his petition to intervene in that proceeding.
The ruling of the Atomic Safety and Licensing Board was clearly correct as a matter of law.
Mr. Gadler's petition was properly denied because the public interest he sought to represent was already receiving vigorous represen-tation by the existing parties.
Thus the Atomic Safety and Licensing Board based its ruling on a finding that such existing representation would " adequately represent the public interest and that no purpose would be served by adding another
' private attorney general' to this proceeding" (order of February 9, 1972, p.
2).
This position was taken by applicant 80072'076b i
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Applicant also argued that Mr. Gadler's petition was untimely as to the issue; raised, and that he would not be prejudiced by the denial of his petition in that he was already participating actively in the proceeding.
A fuller statement of applicant's position concerning the three points mentioned above is set out in " Applicant's Answer in Opposition To Petition For Leave To Intervene of Steve J.
Gadler", which was filed with the Atomic Safety and Licensing Board on January 3, 1972.
For the foregoing reasons, the petition for review should be denied.
espectfully submitted,
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4&%JW Robert Lowenstein Attorney for Applicant Consumers Power Company RL:cae i
cc:
Arthur W. Murphy, Esq.
Thomas F.
Engelhardt, Esq.
William A. Groening, Jr., Esq.
Myron M. Cherry, Esq.
Honorable William H. Ward Dr. Clark Goodman Dr. David B. Hall Honorable Curtis B. Beck Anthony Z. Roisman, Esq.
James A.
Kendall, Esq.
Milton R. Wessel, Esq.
William J. Ginster, Esq.
Irving Like, Esq.
Stanley.T. Robinson, Esq.f,/
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