ML20040H090
| ML20040H090 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 02/10/1982 |
| From: | Semmel H ANTIOCH SCHOOL OF LAW, WASHINGTON, DC, BIER, MILLS, CHRISTA-MARIA, ET AL |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OLA, NUDOCS 8202170146 | |
| Download: ML20040H090 (3) | |
Text
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'82 FEB 12 P3:13 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD g T; g i.%?TCif,.
In The Matter Of
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Docket No. 50-155-OLA CONSUMERS POWER COMPANY
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(Spent Fuel Pool
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Modification) 9 (Big Rock Point Nuclear Power Plant) )
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~n INTERVENORS OPPOSITION TO 'LISCENSEE 'S MCTI'ICN 'IO A
AFFIDAVIT OF NUCLEAR PHYSICIST DR. MICHIO p
3p piD Lisensee seeks to strike the affidavit of Dr. Michio Kaku, a well-known nuclear physicist, not because of any delay but because Licensee must understand that the affidavit necessitates denial of summary judgment on the contentions it addresses.
The affidavit was filed without signature because of confusion on the part of Dr. Kaku who prepared it immediately before January 25, 1982.
Although counsel for Intervenors had requested Dr. Kaku to sign the affidavit, have it notorized and mail it directly to the Licensing Board by January 25, he instead sent it unsigned to me on January 25.
I immediately forwarded it to the Board.
In the interim, Intervenor Christa-Maria had called Chairman Bloch, who advised her that the affidavit would be accepted late.
The affidavit has been sent 0
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I by counsel to Dr. Kaku for signature and its prompt return
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is anticipated.
In any event, there is no delay caused by the filing of the unsigned affidavit.
The Board has before it numerous other matters to decide so that consideration of the affidavit need not proceed immediately.
Further, the Board mayIproceed to consider Dr. Kaku's affidavit on the correct assumption that a verbatum notorized copy will be filed shortly.
What is of concern in.this proceeding is the health and safety of the public.
Dr. Kaku's affidavit demonstrates that the claims of Licensee that the expansion of the spent fuel pool is harmless is a doubtful claim at best which has not been properly verified.
Respectfully su mitted, Herbert Semmel Attorney for Christa-Maria, b. ills and Bier Antioch School of Law 2633 16th Street, N.W.
Washington, D.C.
20009 (202) 265-9500, ext. 240 CERTIFICATE OF SERVICE I certify that the foregoing Opposition To Motion To Strike was served on the attached list by deposit in the U.S. Mail, postage prepaid, first class, this 10th day of February, 1982.
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Herbert Semmel
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.;c Safety and Licensing J ec s p.'
Calle, Enquire Ecard Panel Ishe, Linen 3n and Beale 3
U.S.
Nuclear Regulatory 1220 Connecticutt' Ave, N.W.
Corrissien Suisc 325 Washingten, D.C.
20555 Washington, D.C.
20036 Peter B. Bloch, Esq., Chairman I
Atomic Safety and Licensing Board Panel l'
U.S. Nuclear Regulatory i
Commission
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i Washington D.C.
20555
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Dr. Oscar H. Paris Atomic Safety and Licensing l
Board Panel U.S. Nuclear Regulatory Docketing and Service Section Commission Office of the Secretary Washington D.C.
20555 U.S. Nuclear Regulatory Cornission Mr. Fredrick J. Shon Washington, D.C.
20555 Atomic Safety and Licensing John O'Neill, II Bohrd Panel Route 2, Box 44 U.S. Nuclear Regulatory Haple City, MI 49664 Commission Washington D.C.
20555 Janice E.
Meere, Esq.
Counsel for NEC Staff U.S. Nuclear Regulatory Cornission Washington, D.C.
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