ML19331A979

Affidavit Opposing Saginaw Intervenors' 730107 Motion to Recall.Columbia Law Review Oct 1972 Issue Does Not Constitute Newly Discovered Evidence

ML19331A979
Person / Time
Site:	Midland
Issue date:	01/16/1973
From:	Wessel M KAYE, SCHOLER, FIERMAN, HAYS & HANDLER
To:
Shared Package
ML19331A980	List: ML19331A979 ML19331A981
References
NUDOCS 8007240561
Download: ML19331A979 (3)

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i 1NITCD STATES OF A:itRICA j ATO:IIC EMIGCY CO:!:tISS10N I

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CONSUltERS POWER CO:!P ANY

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AFFIDAVIT

. ', I MILTON R. WESSEL, being duly sworn, deposes and I f says

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j 1. I am a member of Kaye, Scheler, Fierman, Hays j  ! & Handler, Hearing Attorneys for Intervenor The Dow Chemical 3 i '

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Company (DOV) and submit this affidavit in opposition to

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the SAGINAW January 7, 1973 :totion to Recall.

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2. Chairman !!urphy's article "AtonTc Saf ety and -

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l Licensing' Boards: An Experi=ent in Administrative Decision

l j Making on Safety Questions" (ASLB Experiment), 33 Law and

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Contemp. Prob. 366 (1968), and the Chairman's earlier ASLB l

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• opinions, including Calvert Cliffs, were referred to

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4 } frequently during the Hearing in this matter. The ASLB

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I f Experiment article was cited in Footnote 18 at page 16 of 1 l

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Dov's December'15, 1970 Memorandum to the Hearing Board,

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i submitted in opposition to various Saginaw motions.

s j 3. The preliminary Report of the Association of the Bar of the City of New York's Special Committee on

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Electric Power and the Environment, of which Chairman

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, Murphy was a Member, was widely reported publicly in :tay, I s, '

i 1972. Chairman !!u rphy 's paper "The National Environmental 4

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l Policy Acc and the Licensia;; Proccas" subsitted to the

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. THIS DOCUMENT CONTAINS ,,

P00R QUALITY PAGES  !

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i Committco on_ Licenses and Authori:ations of the Adminis-i trat,1ve Conference of the United States is several times cited and drawn upon (Chapter IV, Fn. 174 Chapter V, in s .'

2, 32, 41, 50, 54, 77, 85 and 185, Chapter VIII, Fns. 9

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and 12.

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Individual Views of !!essrs. Kennedy, .

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et al.s Fn.3).

1 The SAGINAW motion indicates that

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g the same as this paper is substantially

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the Columbia article of which they complain

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bound and printed Final Report states,

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i preliminary Report "was widely circulated I

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! industry, environmental interests and

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i the general pubiic. *

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f An Open Forum was held at the House t 1

May 25. at of the Association on t i which representatives of a wide spec trum of views . l 3 f

appeared and presented their comments ~

l to the Committee. Wr1 t . ' ' J. .

.t ten comments were

. thereafter received from nany other h

f sources as well" (p. III). . 4

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i The Report includes references I

to the views of counsel for Opposing Intervenors (Chapter V, f

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ins. 108-9). This Report was alsc referred to informally i during the proceedings herein,

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I as suggested in the SAGINAW -).

affidavit (p . 3) , ,

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The printed, bound final Report of the Bar  ;

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Association Committee is dat_ed August 1, 1972.

4 Report was The final F again widely publicized when it appeared, as

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ad been the preliminary Report. s

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The October, 1972 issue of the Columbia Law fR eview referred to in  ; L i the SACINAW Motion, was received in l

• my office on Navember 6, 1972. I

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I The foregoing shows that even if one of the

! SACINAW counsel had not

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seen or heard of the actual I

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Columbia-Law Review articic until late December, 1972, other SAGINAU or ?!APLT. TON counsel or their clients.(a) l had probably scen - the Columb ia article when it appeared and that a'1, includin ; the SAGINAW affiant,(b) . had probably seen the substance of the earlier version of the

! - article, and (c) in any event, had long.known the-Chair-

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man's' views on these issues.

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Milton R. Wessel-Sworn to before ne this -

16th day of January, 1,973.

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