ML19330A261

Motion for Investigation of Improprieties Occasioned by NRC & in Particular J Tourtellotte & M Grossman by Participating in Coverup of NRC Irresponsibilities & Filing of Sham Pleadings Attacking Intervenors' Counsel.Proof of Svc Encl

ML19330A261
Person / Time
Site:	Midland
Issue date:	05/16/1977
From:	Cherry M CHERRY, M.M./CHERRY, FLYNN & KANTER, MAPLETON INTERVENORS, Saginaw Intervenor
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8007151063
Download: ML19330A261 (4)

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UNITED STATES OF AMERICA -

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Before the Atomic Safety & Licensing Board 00;Nfit

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In the Matter of ) '

) Docket Nos. 50-329 CONSGMEF., POWER COMPANY ) 330

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(Midland Plant, Units 1 and 2) )

INTERVENORS' MOTION FOR INVESTIGATION OF IMPROPRIETIES OCCASIONED BY THE

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REGULATORY' STAFF AND IN PARTICULAR- l BY THEIR LAWYERS, JAMES TOURTELOTTE l

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AND MILTON GDOSSMAN Intervenors move the Board to commence a hearing or investi-gation to spread of record why the Regulatory Staff's pzrticipation in this proceeding has been calculated to avoid independent review and a further investigation as to why Regulatory Staff lawyers James Tourtelotte and Milton Grossman have participated in a cover up of

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the Regulatory taff's irresponsibilities and consciously and knowingly made false and unwarranted vicious personal attacks upon Intervenors' counsel. In support of the Motion, Intervenors state:

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Intervenors have filed on May 13, 1977 their Motion to Strike Certain Papers as Sham Pleadiz.7s, their Further Response in Opposition to Censure Motions and Cost Motions and Statement in Support of Intervenors' Motions to Strike Certain Filings of the Regulatory Staff and Consumers in These Proceedings, and the Affidavit of Myron M. Cherry in Support-of the Further Response in Opposition to Censure Motions and Costs Motions and Statement in Support of Intervenors' Motions to Strike Certain Filing of the Regulatory Staff and Consumers in These Proceedings;

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2. Under date of May 16, 1977 Intervenors tendered '

further information to the Board in the form of their Motion Pursuant to 10 C.F.R. 2.713 and 10 C.F.RI. 2.718 to Take Appropriate Sanctions and Actions Against James Tourtelotte and Milton Grossman, and the Regulatory Staff;

3. All of these matters show that the Regulatory Staff has consciously and knowingly avoided its~ responsibilities in this case by avoiding independent review and attempting to cover up its lack of independence and its desire to support the Midland nuclear power license at whatever cost to law and the public interest;

4. These papers further show that lawyers for the Regulatory Staff have attempted to cover up the Regulatory Staff's irresponcibility by implementing.a scheme, having (we are informed and believe the consent of high officials of the Regulatory Staff) two of its lawyers, James Tourtelotte and Milton Grossman, knowingly file irresponsible and sham pleadings calculated to make irresponsible and vicious attacks on Intervenors' counsel;

5. The effect of the conduct of the Regulatory Staff and lawyers Tourtelotte and Grossman is calculated to intimidate Inter-venors from pressing positions and further calculated to intimidate

' lawyers representing Intervenors from pressing positions; 6'. Fu*'her, the effect of the irresponsible conduct of the Regulatory Staf f and its lawyers is calculated to cover up the complete' bankruptcy and lack of honest regulation; and a

7. For.all of these reasons, the Licensing Board should initiate-a prompt investigation to. halt the improprieties of these

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proceedings, as well as to make certain that these matters do not occur in other proceedings. ,

WIIEREFORE, Intervenors seek the entry of an Order initiating this relief being an investigation in the manner as set forth above, in addition to appropriate disciplinary relief sought in other Motions.

Respec fully submitted

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'e . W Attorp y"f or All/Intervenore May 16, 1966 exce Dow Chemical.Compar Dated:

L MYRON M. CllLRLY One IBM Plaza suite 4501 Chicago, Illinois 60611 (312) 565-1177 .

PROOF OF SERVICE I hereby certify that the foregoing Motion was served by mail on each member of the-Licensing Board, counsel for all parties, and the Docketing and Services Section of.the Secretary of the Nuclear Regulatory Commission, by mailing, postage prepaid, properly addressed, on May 16, 1977.

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SERVICE LIST Frederic J. Coufal, Esq. Chairman Atomic' Safety & Licensing Board Panel 4

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U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Dr. Emmeth J. Luebke Atomic Safety & Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Dr. J. Venn 7..ceds, Jr.

10807'Atwell Houston, Texas Richard K. Hoefling,.Esq.

U. S. Nuclear Regulatory Commission Washington, D. C. 20555 David J. Rosso, Esq.

R. Rex Renfrow, III, Esq.

-Isham, Lincoln &-Beale One First National Plaza Chicago, Illinois 60630

.Mr. C. F. Stephens, Chief Docketing & Services Section Office of the Secretary U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Lee F. Nute, Esq.

Dow Chemical Company Midland Division Midland,~ Michigan 11