ML19344A210

Motion for Order Accepting as Offer of Proof,Taking Official & Judicial Notice & Accepting All Natl ECCS Hearing Testimony as Admissions Against Interest of Appliant,Aec, Dow Chemical & Midland Nuclear Power Committee

ML19344A210
Person / Time
Site:	Midland
Issue date:	05/08/1972
From:	Cherry M CHERRY, M.M./CHERRY, FLYNN & KANTER, Saginaw Intervenor
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19344A205	List: ML19344A204 ML19344A207 ML19344A208 ML19344A210 ML19344A212
References
RULE-RM-50-1 NUDOCS 8008060557
Download: ML19344A210 (4)

Text

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CONSUMERS POWER COMPANY ) Docket Nos. 50-329

, ) 50-330 MIDLAND PLANT UNITS 1 AND 2 -)

MOTION OF SAGINAW VALLEY, ET AL. INTERVENORS

~WITH RESPECT TO ECCS ISSUES Saginaw Valley, et al. Intervenors, pursuant to the rules

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of practice of the Atomic Energy Commission and particularly Rules 1

2.742, 2.743(e), . (h) and (1), move the Atomic Safety and Licensing

. Board for the entry of an order -(l) accepting as an offer of proof; i (2) taking -official and judicial notice; and '(3) accepting as ad-missions against the interest of Applicant, the Regulatory Staff,

• Dow Chemical Company P.nd the Midland Nuclear Power Committee, all l oral, written a'nd documentary testimony on file in the Public Docu-ment Room-in connection with the National-ECCS Hearings, Docket No.

RM-50-1. This material' includes the transcript of the proceedings through . the .date of: this Motion,'all documents. marked for identifica-

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j tion in'RM-50-1, all documents. received in evidence in RM-50-1, and.all: written testimony filed.in RM-50-1.- All-of this material I

ispresently;on(file'in.DocketRM-50-1inthePublicDocumentRoom '!'

of the. Atomic Energy Commission.

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The basis for this motion is at least as follows:

1. All of the material which is the subject of this '

motion is'within the meaning of Section 2.742(a) genuine, authentic and relevant, and no party to these dockets has or could dispute

.that fact. -

2. All of'the material which is the subject of this motion represents an official: record of a government agency for entry in' an official record witain the meaning of Section 2.743(h),

and no party to these dockets has.or could dispute that fact.

3. All. of the mate rial which is the subject of this i

l motion represents facts within the meaning of Section 2.743(i) and is specified in the record by virtue of this motion.- Each of the parties who may be adversely affected by such official-notice >

l-l has already been given an opportunity to controvert'such facts, by. virtue of the Regulatory Staff, the Applicant (including its aligned sup~ porters Dow Chemical Company and the Midland Nuclear Power Committee andtits technical. assistance-team from Babcock &

Wilcox) being parties 1to RM-50-1 with. rights of confrontation and cross-examination 7 1 n.that docket.

4. .The issue with !respect to ECCS in these dockets is being litigated in the Rulemaking' Docket.

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5. -The'Saginaw Intervenors are a_ party to these dockets '

andithe Rulemaking' Docket.

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1) . The Regulatory Staff is a party to these dockets and theikulemaking Docket.

7. Applicant ista party to these dockets and the Rule-making Docket.

8. Babcock & Wil'cox Company, who provides technical assistance to the Applicant'in these dockets, is also-a party to the Rulemakingl Docket.

9. Since Dow Chemical Company an'd the Midland Nuclear Power Committee have aligned themselves with the interest of Appli-cant and indicated earlier in this proceeding- that they intend to offer no independent scientific evidence, their interests are identical.with and represented by Appl.icant and the Regulatory l Staff, o

10. When parties to a proceeding have identical interes ts, 4

when the issueLis identical.and when all parties nave had an oppor-tunity 'ot cross-examine, then evidence elicited in such a similar

. proceeding may be used.as an admission against interest in another j proceeding.

Respectfully submitted, SAGINAW VALLEY, ET AL.. INT RVENORS

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By lkrb 1 Myr'on' h . Cherry DATED:' May 8,.1972.

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l-CERTIFICATION-i 1

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.I certify thatEcopies of thelforegoing, document ,

were mailed, postage ~ prepaid, 'on May 8,1972 to members of

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l- the A'tordic '. Safety, &L Licensing Board, the S6cretary of the '

Atomic. Energy Commission and all counsel'of record; l

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Myron M. Cherry l:

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