ML19259C184

Motion by Intervenors Other than Dow Chemical Co for Rescheduling of 790501 Prehearing Conference.Requests Later Date & Relocation of Conference to Chicago,Il.Certificate of Svc Encl

ML19259C184
Person / Time
Site:	Midland
Issue date:	04/27/1979
From:	Flynn P CHERRY, M.M./CHERRY, FLYNN & KANTER
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
Shared Package
ML19259C185	List: ML19259C184 ML19259C186
References
NUDOCS 7906140278
Download: ML19259C184 (4)

Text

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UNITED STATES OF AMERICA eg4

' 7 NUCLEAR REGULATORY COMMISSION A 9 Before the Atomic Safety and Licensing Board 43 In the Matter of )

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CONSUMERS POWER COMPANY ) Docket Nos. 50-329

) 50-330 Midland Plant, Units 1 and 2 )

MOTION Intervenors other than Dow Chemical Company, by their attorneys, move the Licensing Board:

1. To reschedule the pre-hearing conference presently scheduled for May 1, 1979 to a date subsequent to July 1, 1979;

2. To alter the briefing schedule accordingly; and

3. To relocate the pre-hearing conference and all further proceedings herein to Chicago, Illinois.

In support of this Motion, Intervenors state:

1. Intervenors have just been advised by tele-phone that the Appeal Board has, in effect, referred Intervenors' request for the above relief to this Board and indicated that this Board should consider that request free from any constraints the Appeal Board may previously be thought to have imposed. Intervenors attach hereto and incorporate herein by reference their Motion to the Appeal Board and letter to Chairman Miller and Drs. Leeds and Luebke of this Board, concerning Intervernors' request for relief. 2278 a37 7906140 8 7b' b

2. Intervenors state that both Consumers Power Company and the NRC Staff have no objection to a re-scheduling of the pre-hearing conference and briefing schedule. However, Consumers has stated that it does not object to a rescheduled conference date of June 15 or June 10, 1979.

Intervenors state that by reason of the schedule of Myron M. Cherry, who as explained in the attachments hereto is the only counsel for Intervonors in a position to participate meaningfully in a pre-hearing conference, a date subsequent to July 1, 1979 for such conference is necessary. The only dispute between the parties con-cerning rescheduling involves this approximately 2-week period. Under the circumstances,. including the large amount of time which has elapsed since the events in issue and including the fact that Consumers itself requested and obtained a lengthy extension of tine herein without objec-tion from any other party, it is submitted that Intervenors' request is not unreasonable and that an extension of approximately 60 days, rather than the 45 days to which all parties are agreeable, will not impair the ends of justice in this proceeding.

3. Intervenors further request that the pre-hearing conference and all further proceedings herein be held in Chicago, Illinois. The reasons for this request are set forth in the attachments hereto. Because of the extremely limited funds available to Intervenors, it is not economically feasible for their counsel to make

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repeated trips to Washington, D.C. (or any other non-Chicago location) for purposes of this proceeding. Since this proceeding has been occasioned by the conduct of Consu:aers, not Intervenors, and since Intervenors were instrumental in bringing that conduct to light, Intervenors should not be subjected to what is in effect a substantial financial penal'ty as a condition of their ability to participate in these proceedings.

Respectfully submitted, c3 w .

One of the Attor eys for Inter-venors other Tha Dow Chemical Co.

Myron M. Cherry Peter FlynnJg CHERRY, FLYNN & KANTER ~. } () One I311 Plaza, Suite 4501 Chicago, Illinois 60611 312/565-1177

PROOF OF SERVICE I hereby certify that I served copies of the fore-going Motion on all parties on the attached Service List at the addresses shown thereon, by mailing a copy of.same first class mail, postage prepaid, this 27th day of April, 1979, from Chicago, Illinois. 1 I mv-

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