ML20070C880

Affidavit of DE Howell Re Employment by & Representation of Citizens for Employment & Energy.Decision Not to File Proposed Findings of Fact & Conclusions of Law Made Jointly W/Ka Siegfried.Certificate of Svc Encl

ML20070C880
Person / Time
Site:	Fermi
Issue date:	12/08/1982
From:	Howell D CITIZENS FOR ENERGY & EMPLOYMENT
To:
References
ISSUANCES-OL, NUDOCS 8212140377
Download: ML20070C880 (6)

Text

,

COCKETED

'MNRC UNITED STATES F AMERICA NUCLEAR REGULATORY COMMMS]8E813 A11 :30 ATOMIC SAFETY AND LICENSING. APPEAL BOARD '

..  ?.C; siis'((SNN!!E ERANCH Administrative Judges: -

Stephen F. Eilperin, Chairman Thomas S. Moore -

Dr. Reginald L. Gotch)

In the Matter of THE DETROIT EDISON COMPANY Docket No. 50-341 OL (Enrico Fermi Atomic Power Plant, -

Unit 2)

)

AFFIDAVIT DAVID E. HOWELL being duly sworn, deposes and says;

1. That I was retained to represent the organization known as Citizens for Employment and Energy, a/k/a CEE, by Kim Arthur Siegfried.

2. That Kim Arthur Siegfried at that time was acting as legal counsel for Citizens for Employment and Energy and could not continue to represent Citizens for Employment and Energy.

j 3. That a proper Stipulation for Substitution of Attorney was presented to the Atomic Safety and Licensing Appeal Board l

l 8212140377 821208 -

gDRADOCK05000 h

e ~-

l l

DOCKETED

'JS?iRC 7

UNITED STATES'0F AMERgA NUCLEAR REGULATORY COMMTSSE5h13 A11 i -

ATOMIC SAFETY AND LICENSING ; APPEAL':BOARyg!

.3E]. ye ' '

Administrative Judges:

Stephen F. Eilperin, Chairman Thomas S. Moore .,

Dr. Reginald L. Gotchy In the Matter of THE DETROIT EDISON COMPANY Docket No. 50-341 OL (Enrico Fermi Atomic Power Plant, Unit 2) m

) s CERTIFICATE OF SERVICE 3 , . ' y .

1 I hereby certify that copies of the AFFIDAVIT of DAVID E. g\

HOWELL and copies of the AFFIDAVIT of KIM ARTHUR SIEGFRIED have -

been served on the following by deposit in the United States.

Mail, first class, postage paid, this 8th day of D.ecember, 1982:

?:

. h.

Harry H. Voight, Esq. Docketing and Sdiyice Section-Le Boeuf, Lamb, Lerby & McRae Office of the Sec'retary 1333 New Hampshire Ave. N.W. U.S. Nuclear Regulatory Comm.

Washington, D.C. 20036 Washington,D.C. 20555 Colleen Woodhead, Esq. Stephen F. Eilperin, Es q . , , ,

Office of the Executive Legal Chairperson . -

Director Atomic Safety and Licensing  !

U.S. Nuclear Regulatory Comm. Appeal Bc9rd Washington, D.C. 20555 U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 Peter Marquardt, Esq. Thomas S. Moore, Esq.

Detroit Ebison Company Atomic Safety and Licensing 2000 Second Avenue Appeal Board Detroit, Michi.gan 48226 U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 v

John R. Minock Dr. Reginald L.' Gotchy 305 Maple Ridge Atomic Safety and Licensing Ann Arbor, Michigan 48013 Appeal Board U.S. Nuclear Regulatory Comm.

Washington, D. C. 20555

- - - _ . .. . _ . u . . . - _ _ . . _ - _ _ - __ _ - _ - . __

liavid E7 Hose'11" '[

s 3239 Woodward Aven6e

, Berkley, Michigan 48072

. 3 s s ,.,-

i

,s s  ;-

z A.g s

w

• N o r%,

-u 4

mm., , #

s.--

4.

ja

~, &

g s

.~e..  ;

s t

h

's:

4

( , ,

s-

. \,

_ m

y for my apptarance in the place and stead of Kim Arthur Siegfried.  ;

4. That prior to my. appearance, in this proceeding, it was my information and belief,that Citizens for Employment and Energy was an inactive organization. _

5. That it is my information and belie'f that, members of an

- _ _ _ _ . _ . < . g _ . ._ _ . .. _ _ _ _ _ ._ __ _ . _ _

organization known as', Safe Energy Coalition, a/k/a SECO, of

/

Detroit, Michigan, plovided support and assistance to Kim Arthur Siegfried in his efforts to maintain the status of ,

Citizens for Employment and Energy as an Intervenor.

6. That to the best of my knevledge, information and belief the only individual that I have ever associated with that was a member of Citizens for Employment and Energy was Kim Arthur Siegfried.

i

7. That Kim Arthur Siegfried was not co-counsel, but to the best of my knowledge, information and belief was the individual thrat had retained me to' represent and continue the status of Citizens for Employment and Energy as an intervenor in this matter.

8. That Kim Arthur Siegfried, at all times continued to take an active part in the preparation and presentation of the Intervenor..',s cause and in fact continued to appear on behalf of Citizens for Employment and Energy when there was l  !

/

7 a schedule conflict that prevented or delayed my appearance. -

9. That during the Summer of 1982 .I was contacted by individuals who indicated that they wanted to have an attorney investigate taking further action in this cause.

10. That on Nove:nber 6. - 1982, at the direct request of Kim Arthur Siegfried, I consented to and executed a Consent to Substitution of Counsel.

11. That said consent; was for the substitution of John R.

Minock, as counsel for Citizens for Employment a'n d 2nergy.

12. That prior to the letter, dated May 28, 1982, being submitted to the Board and all parties, I contacted Kim Arthur Siegfried and discussed filing Proposed Findings of Facts and Conclusions of Law.

13. That the decision to file a letter stating that Citizens for Employment and Energy did not intend to file Proposed Findings of Facts and Conclusions of Law was jointly reached during these discussions.

I

14. That said decision was in part based on the interpretation that the Board had not required the parties to file l

Proposed Findings of Fact and Conclusions of Law. It is acknowledged that the Board did, with approval of all parties, including Citizens for Employment and Energy, l

1 v'

establish a schedule and deadline for the filing of Proposed Findings of Fact and Conclusions of Law.

15. That during these discussions Kim' Arthur Siegfried indicated that he would concur with my decision and he further instructed me to proceed in the manner that I found most appropriate to the circumstances.

16. That at no time during my representation of Citizens for -

Employment and Energy was I informed of or was I required to report to any membership, committces, or officers, of any organization, concerning my representation of Citizens for Employment and Energy.

17. That at all time during my representation of the Intervenor I reported and answered only to Kim Arthur Siegfried.

And further this deponent says not.

D A'VID E. HOW5Lt' /

STATE OF MICHIGAN)

) ss COUNTY OF OAKLAND)

Sworn to and subscribed before me this f day of December, 1982.

hw swou t b e+ Notary 2.bmW Oakland County, MI My commission expires: 7- /6 f L