Affidavit Supporting Motion for Extension of Time to File Briefs in Support of 701201 Motion,In Opposition to Applicant & Dow Chemical Co 701215-710107 Briefs & Interrogatories Supporting 710107 & 0322 CP IssuanceML19329F569 |
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Midland |
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Issue date: |
01/07/1971 |
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From: |
Cherry M CHERRY, M.M./CHERRY, FLYNN & KANTER |
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Shared Package |
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ML19329F567 |
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NUDOCS 8006300758 |
Download: ML19329F569 (10) |
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Category:AFFIDAVITS
MONTHYEARML20211L6391986-12-11011 December 1986 Affidavit of Gb Staley Re Preparation of Answers to Board 861203 Questions on Termination of OL Proceeding. Certificate of Svc Encl ML20202G0491986-07-10010 July 1986 Affidavit of JW Cook Re Conversion of Plant Into combined- cycle,gas-fired Power Plant.Plant Never Operable as Nuclear facility.Nuclear-related Equipment Will Be Sold ML20202G0281986-07-0808 July 1986 Affidavit of Ta Mcnish Re True & Correct Extracts of 860408 & 0618 Minutes of Meetings.Resolutions Recited Therein in Full Force & Effect ML20107K8011984-11-0101 November 1984 Affidavit of Jd Selby Re Plans Concerning Facilities.Const Will Be Resumed Only If Proposed by Appropriate Governmental Agencies & Officials & If Funds from Some Other Source Become Available.Related Correspondence ML20080K2221984-02-0303 February 1984 Affidavit of E Kiehner Re Appointment as Assistant Ofc Engineer,Responsible for Conducting third-party Const Implementation Overview ML20080K2001984-01-31031 January 1984 Affidavit of G Fotiades Re New Appointment as Procurement QA Engineer,Responsible for Conducting third-party Const Implementation Overview ML20082J7331983-11-29029 November 1983 Forwards Affidavit of Svc for Amend 114 (Rev 49 to FSAR) to Application for CPs & OLs ML20081F9001983-10-28028 October 1983 Affidavit of Jp Bradley Providing Info on Type,Location & Depth of Trees for Effective Fog Depletion or Barrier ML20081F8841983-10-26026 October 1983 Affidavit of DA Sommers Providing Addl Info on Physical Restrictions & Limited Effectiveness of Evergreen Fog Sweep or Barrier Between Cooling Pond Dike & Gordonville Road ML20081F1371983-10-21021 October 1983 Affidavit of Rl Lykens ML20081F9241983-10-20020 October 1983 Affidavit of CR Nefe Re Postulated Gordonville Road Tree Plantings ML20080S7211983-09-21021 September 1983 Affidavit of Bp Garde Re Discrepancies in Const Completion Dates.Exhibits Encl ML20076K6951983-09-0808 September 1983 Affidavit of JW Cook Attesting That on 821124,meeting Held W/G Charnoff & Bechtel to Seek Charnoff Legal Advice.Svc List Encl ML20077H6401983-08-0202 August 1983 Affidavit of P Shunmugavel Re Use of Ethafoam at Jobsite. Certificate of Svc Encl ML20076N2641983-07-15015 July 1983 Affidavit of P Shunmugavel Re Significance of Observed Cracks in Containment ML20076N2711983-07-15015 July 1983 Affidavit of Wg Corley Re Visual Insp of Cracks in Containments Near Anchorages in Rooms 110 & 116 ML20072H5791983-06-24024 June 1983 Affidavit of L Clark Re Representation of Whistleblowers.If Govt Accountability Project Required to Name Whistleblowers, Ultimate Damage Will Be to Public Interest in Full & Free Flow of Info on Important Issues.Certificate of Svc Encl ML20073P7791983-04-21021 April 1983 Affidavit of Br Gilomen.Ten Drafts of Attachment 1 to Util Response to Notice of Violation EA-83-3 Contain No Matl Facts Which Would Clarify Attachment 1 ML20073P7771983-04-20020 April 1983 Affidavit of Sk Visser.All Drafts of Part a of Util Response to Notice of Violation EA-83-3 Have Been Given to Util Counsel ML20023D0341982-07-26026 July 1982 Affidavit of SL Marello Re QC Breakdown & Criminal Falsification at Zack Co,Hvac Contractor at Facilities ML20023D0351982-07-26026 July 1982 Affidavit of at Howard Re QC Breakdown & Criminal Falsification at Zack Co,Hvac Contractor at Facilities ML19350B9451981-03-20020 March 1981 Affidavit Re Distribution of Amend 88 to CP & OL Applications ML19350C7981981-03-16016 March 1981 Affidavit That Const Should Continue Despite Financial Risk. Present Uncertainty Re Seismic Issue Will Be Accounted for by Designing Soils Remedial Work W/Margin for Seismic Loads ML19350C8071981-03-0606 March 1981 Affidavit Re Seismic Review w/site-specific Response Spectra.Review Could Take Up to Two Yrs.Util Is Incorporating Margin Into Designs of Cassions & Other Proposed Soils Remedial Work.Certificate of Svc Encl ML19331A7331978-12-0404 December 1978 Affidavit of Gh Whipple,Consultant,Re Rn-22 Release Effects.Certificate of Svc Encl ML19344A1651978-06-0101 June 1978 Affidavit Supporting Fj Kelley,Atty General,Petition to Intervene.If Mi Is to Have Any Voice in Plant Operating Conditions,Leave Must Be Granted ML19330A0761977-05-26026 May 1977 Affidavit on Behalf of Intervenors Responding in Part to Util Rebuttal Testimony.Urges Suspension of Const Pending Outcome of Full Remanded Hearings.Supporting Documentation Encl ML19331B3101977-05-13013 May 1977 Affidavit in Support of Further Response Opposing Censure & Cost Motions & Statement in Support of Intervenors' Motions to Strike Certain NRC & Applicant Filings ML19344A1981974-05-11011 May 1974 Affidavit Supporting Saginaw Intervenors' 740511 Petition for Expert Witnesses & Attys' Fees.Issues Will Not Be Adequately Aired W/O Saginaw Participation.Cites AEC Refusal to Retain Independent Qa/Qc Expert ML19344A1991974-05-0808 May 1974 Affidavit Supporting Saginaw Intervenors' Petition for Expert Witnesses' & Attys' Fees.Large Funds Expended to Help Ensure Operation & Const W/O Qa/Qc Violations.Organizations Comprising Group Mainly Nonprofit.Certification Encl ML19331B0491974-02-0404 February 1974 Affidavit of RB Atwater,Cpc,Re Supply & Demand of Oil. Press Release & Certificate of Svc Encl ML19331B0441974-02-0404 February 1974 Affidavit of WE Keppler,Cpc,Re Facility Capital & Projected Costs ML19326D4881973-10-17017 October 1973 Affidavit Re Util Transmission Facilities.Certificate of Svc Encl ML19329F1801973-07-0909 July 1973 Affidavit Re Results of Insp of Documents Since 730706 ML19331B2481973-06-15015 June 1973 Affidavit Stating That Saginaw Intervenors' Photograph Re Wall Crack Appear to Be Same as Actual Crack Located in Inside Wall of Tendon Access Gallery.Intervenors' Photograph & Certificate of Svc Encl ML19329F2491973-05-0404 May 1973 Affidavit Re Compliance W/Joint Document Request ML19331A9791973-01-16016 January 1973 Affidavit Opposing Saginaw Intervenors' 730107 Motion to Recall.Columbia Law Review Oct 1972 Issue Does Not Constitute Newly Discovered Evidence ML19331A8461973-01-0707 January 1973 Affidavit Supporting Saginaw Intervenors' Motion to Recall & Revoke ASLB Initial Decision on Grounds of Bias.Columbia Law Review Oct 1972 Article by Aw Murphy, NEPA & Licensing Process, Cited in Bias Charge Encl ML19331A8441973-01-0202 January 1973 Affidavit Re Const Status,Costs & Prerequisites for Full Resumption of Const.Stresses Adverse Effects of Delay. Certificate of Svc Encl ML19329F0491972-12-22022 December 1972 Affidavit of Jl Bacon Re Time & Resources Necessary for File Search Per 720726,0816,0921 & 25 Document Requests. Certificate of Svc Encl ML19329E8961972-08-30030 August 1972 Affidavit & Argument Re Accusation of Contempt of ASLB Order.Certificate of Svc Encl ML19331A3111972-08-30030 August 1972 Affidavit of Mm Cherry Re Contempt Order.Discusses Facts Erroneously Characterized W/O Admitting That Circumstances Exist Implying Contempt & That ASLB Is Granted Power of Contempt.Dow Chemical Effluents List Encl ML19331B2811972-07-10010 July 1972 Affidavit Re Amount of Electrical Generation Lost If Process Steam Supplied to Dow Chemical Co Does Not Pass Through High Pressure Turbine.Supporting Calculations Encl ML19331B2851972-07-0808 July 1972 Affidavit Re L Holcomb 720614 Testimony Re Plant Impact on Area Wildlife Populations ML19331B2841972-07-0707 July 1972 Affidavit Re L Holcomb 720614 Testimony Re Plant Impact on Fish Losses in Tittabawassee River ML19331A8771972-05-24024 May 1972 Affidavit in Further Opposition to Dow Chemical Co Consolidate.No Regard for Saginaw Intervenors' Convenience & Necessity Given & No Certification of ASLB Decision Made ML19331A8831972-05-19019 May 1972 Affidavit Supporting Dow Chemical Co Motion for Order Consolidating Mapleton & Saginaw Interventions.Intervenors Share Interest & Questions.Certificate of Svc & Saginaw News 720428 Article Re Failed Delaying Tactics Encl ML19329E7221972-03-0606 March 1972 Affidavit of Mm Cherry Supporting Saginaw Intervenors' Brief in Opposition to Westinghouse Motion for Reconsideration of Order Denying Westinghouse Motion to Quash Subpoena ML19331A8991971-09-13013 September 1971 Affidavit Stating That Environ & Safety Impact of Nuclear Waste Generation Must Be Fully Explored & Guaranteed Before More Licensing Occurs ML19329E9101971-06-14014 June 1971 Affidavit of Jn Keen Re Competitive Situation in State of Mi.Correspondence Encl 1986-07-08
[Table view] Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20070E4671991-02-26026 February 1991 Comment Opposing Petition for Rulemaking PRM-73-9 Re Upgrading Design Basis Threat for Radiological Sabotage of Nuclear Reactors.Recommends That NRC Deny Petition to Increase Design Basis Threat for Security ML20207C1331986-12-18018 December 1986 Order Terminating CPPR-81 & CPPR-82,per Util 860711 Motion to Withdraw Applications for OLs ML20215E7301986-12-17017 December 1986 Memorandum & Order Authorizing Withdrawal of OL Application & Dismissing OL Proceeding,Per Applicant 860711 Motion. Served on 861218 ML20211L6181986-12-11011 December 1986 Response to Board 861203 Questions Re Util Request to Terminate OL Proceeding ML20211L6391986-12-11011 December 1986 Affidavit of Gb Staley Re Preparation of Answers to Board 861203 Questions on Termination of OL Proceeding. Certificate of Svc Encl ML20215B2071986-12-11011 December 1986 Responds to Questions Posed in ASLBP 861203 Memorandum & Order Re Conversion to gas-fired Facility.Imposition of Conditions on Withdrawal of OL Application Unnecessary. Certificate of Svc & Svc List Encl ML20214Q4431986-12-0303 December 1986 Memorandum & Order Granting Motion to Expedite Completion of Withdrawal Proceedings & Posing Questions to Parties.Served on 861204 ML20214G7941986-11-24024 November 1986 Motion to Expedite Completion of Withdrawal of Licensee OL Application & Terminate Pending OL & CP Mod Proceedings. Certificate of Svc Encl ML20214T7361986-09-26026 September 1986 Memorandum & Order Dismissing OM Proceeding as Moot & Deferring Action on Applicant Motion for Authorization to Withdraw OL Application Pending NRC Preparation of Environ Assessment.Served on 860929 ML20212M7661986-08-25025 August 1986 Response to Util 860711 Motion for Authorization to Withdraw OL Application & for Dismissal of OL & Order of Mod Proceedings.Board Should Hold Motion in Abeyance Pending NRC Review of Stabilization Plan.Certificate of Svc Encl ML20206M8171986-08-15015 August 1986 Response to ASLB 860716 Order Requesting Responses Re Termination of OM Proceeding.Termination of OL Proceeding & Withdrawal of OL Application Requested.Om Proceeding Should Be Considered Moot.Certificate of Svc Encl ML20212B0311986-08-0101 August 1986 Memorandum & Order Withdrawing Retention of Jurisdiction Over Radon Issue Presented in Facility CP Proceeding & Vacating ASLB Partial Initial Decision on Remedial Soils in Consolidated CP Mod & OL Proceeding.Served on 860801 ML20212B0521986-07-31031 July 1986 Order Extending Time Until 860815 for Util & Other Parties to Respond to Questions Posed by 860716 ASLB Order.Time Extended Until 860825 for NRC Response to ASLB Questions & Util Motion.Served on 860801 ML20203F8791986-07-28028 July 1986 Response Supporting Util 860711 Motion for Termination of Appeal Board Jurisdiction Over Proceeding.Certificate of Svc Encl ML20207H6871986-07-22022 July 1986 Motion for Extension Until 860815 to File Responses to Four Questions Re Util Motion to Dismiss OL & OM Proceedings. Certificate of Svc Encl ML20207E2851986-07-16016 July 1986 Order Presenting Questions in Response to Util 860711 Motion to Dismiss OL Proceeding & to Terminate Order of Mod Proceeding.Served on 860717 ML20202G0121986-07-11011 July 1986 Motion for Authorization to Withdraw OL Application & Dismissal of OL & Order of Mod Proceedings ML20202G1201986-07-11011 July 1986 Motion for Termination of Aslab Jurisdiction to Facilitate Termination of Cps,Withdrawal of OL Application & Dismissal of Consolidated OM-OL Proceeding ML20202G1621986-07-11011 July 1986 Notice of Change of Address for Washington Ofc of Isham, Lincoln & Beale,Attys for Util.Certificate of Svc Encl ML20202G0491986-07-10010 July 1986 Affidavit of JW Cook Re Conversion of Plant Into combined- cycle,gas-fired Power Plant.Plant Never Operable as Nuclear facility.Nuclear-related Equipment Will Be Sold ML20202G0281986-07-0808 July 1986 Affidavit of Ta Mcnish Re True & Correct Extracts of 860408 & 0618 Minutes of Meetings.Resolutions Recited Therein in Full Force & Effect ML20198J4651986-05-27027 May 1986 Notice of ASLB Reconstitution.C Bechhoefer,Chairman & J Harbour & Ga Linenberger,Members.Served on 860529 ML20198J3861986-05-27027 May 1986 Notice of ASLB Reconstitution.C Bechoefer,Chairman & J Harbour & Ga Linenberger,Members.Served on 860529 ML20137E0041985-11-21021 November 1985 Notice of Appearance in Proceeding ML20137D9651985-11-21021 November 1985 Notice of Withdrawal of Appearance in Proceeding.Certificate of Svc Encl ML20133F6421985-10-0909 October 1985 Notice of Withdrawal of Appearance in Proceeding.Certificate of Svc Encl ML20134N3771985-08-30030 August 1985 Notice of Withdrawal of Appearance in Proceeding.Certificate of Svc Encl DD-84-17, Order Affirming 840724 Director'S Decision DD-84-17 Denying Bp Garde 10CFR2.206 Petition for Action Against Util Re Plant Const.Const Abandoned on 840910.No Further Enforcement Action Required.Served on 8506241985-06-24024 June 1985 Order Affirming 840724 Director'S Decision DD-84-17 Denying Bp Garde 10CFR2.206 Petition for Action Against Util Re Plant Const.Const Abandoned on 840910.No Further Enforcement Action Required.Served on 850624 ML20127N7591985-06-20020 June 1985 Transcript of Commission 850620 Affirmation/Discussion & Vote in Washington,Dc Concerning Denial of 2.206 Petition for Midland plant,SECY-85-60 Concerning Pressurized Thermal Shock Rule & Shoreham Order.Pp 1-4 ML20133D9481985-05-13013 May 1985 Response to Aslab 850423 Order.Aslab Should Cancel OL Application & CPs Because Compliance W/Nrc Basic Requirements Not Met ML20116G5181985-04-29029 April 1985 Response to Memorandum of City & County of Midland,Mi Re ASLB 850405 & 0313 Orders on CP Mod Proceedings.Bechtel Should Not Be Granted Admission to Proceedings ML20115J4351985-04-19019 April 1985 Motion for Leave to Participate as Amicus Curiae,Per Aslab 850313 & 0405 Memoranda & Orders Requesting Response to Questions Re Proceeding ML20115J4751985-04-19019 April 1985 Memorandum in Response to Aslab 850405 Order Re Dismissal of OL Application.Application Neither Abandoned Nor Delayed in Dilutory Manner.Certificate of Svc Encl ML20115J5421985-04-19019 April 1985 City & County of Midland,State of Mi Motion for Leave to Participate as Amicus Curiae in Aslab Request for Responses to Questions Presented in 850313 & 0405 Memoranda Orders. Proof of Svc Encl ML20116G5321985-04-19019 April 1985 Motion to Participate as Amicus Curiae in Resolution of Issue to Involuntary Dismissal of License Application,Per Aslab 850405 Memorandum & Order.Granted for Aslab on 850422. Served on 850429 ML20115J5551985-04-19019 April 1985 City & County of Midland,State of Mi Response to Aslab 850313 Order to File Memoranda Re Whether Aslab Should Vacate ASLB Decision Re Certain Mods to CP Due to Mootness. Proof of Svc Encl ML20115J5501985-04-19019 April 1985 Response Opposing Aslab 850405 Memorandum & Order Re Dismissal of OL Applications.Urges Board to Permit OL Applications to Continue in Suspension Until Applicant Affirmatively Resolves Disposition ML20115J5461985-04-19019 April 1985 Motion to Participate Amici Curiae in Resolution of Issue of Involuntary Dismissal of License Application as Identified in Aslab 850405 Memorandum & Order ML20112J5281985-04-0101 April 1985 Memorandum in Response to Aslab 850313 Order LBP-85-2. Decision Should Not Be Vacated.Ol Should Be Dismissed.Based on Listed Changes,New OL Review Required ML20112J6301985-04-0101 April 1985 Memorandum Requesting Aslab Not Take Any Action to Vacate LBP-85-2 or Dismiss OL Applications,Per 850313 Order,Based on Current Intent to Hold CPs & Attempt to Sell Plant. Certificate of Svc Encl ML20112H0981985-03-27027 March 1985 Response to Aslab 840313 Order Re Whether ASLB Decision to Review Issues in Soils Hearing Appropriate Use of Public Resources.Concurs W/Decision to Remand OL W/Instructions to Dismiss OL Application for Failure to Pursue Soils Issue ML20106F6531985-02-0808 February 1985 Response Opposing Intervenor B Stamiris 841224 Motion for Evidentiary Hearings Re Litigation Between Applicant & Dow Chemical Co.Supporting Documentation & Certificate of Svc Encl ML20106D6631985-02-0808 February 1985 Response Opposing B Stamiris 841224 Pleading Requesting Evidentiary Hearing on Matter Raised in applicant-Dow Chemical Trial & Referral of Certain Matters to Ofc of Investigations.Certificate of Svc Encl ML20101S9421985-02-0101 February 1985 Motion for Extension Until 850306 to File Notice of Appeal of ASLB 850123 Partial Initial Decision.Granted by Aslab on 850201 ML20101S9111985-02-0101 February 1985 Motion for Extension of Time within Which to File Notice of Appeal of ASLB 850123 Partial Initial Decision.Certificate of Svc Encl ML20101F3191984-12-24024 December 1984 Request for Evidentiary Hearings on Matter Raised in CPC-Dow Trial & Referral of Certain Matters to Ofc of Investigations.Certificate of Svc Encl ML20107K8011984-11-0101 November 1984 Affidavit of Jd Selby Re Plans Concerning Facilities.Const Will Be Resumed Only If Proposed by Appropriate Governmental Agencies & Officials & If Funds from Some Other Source Become Available.Related Correspondence ML20106F5241984-10-24024 October 1984 Motion to Request ASLB to Cancel Const License & Application for OL ML20092J0361984-06-22022 June 1984 Reply to NRC Further Supplemental Findings of Fact & Conclusions of Law Re QA ML20092J0241984-06-22022 June 1984 Reply to B Stamiris Second Supplemental Proposed Findings of Fact & Conclusions of Law on QA & Mgt Attitude Issues. Certificate of Svc Encl 1991-02-26
[Table view] |
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.^ DuGKEI NUMBER O PROD. & UTIL. FAC. E'NTOD DOCIEIED 9 uutc 1
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'T%UNU E 9 "/$D AFFIDAVIT
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% N STATE OF ILLINOIS SS.
COUNTY OF COOK Myron M. Cherry, being first duly sworn upon oath ,
deposes and says:
- 1. I am the attorney for the named intervonors.
- 2. I was retained by the named intervenors shortly before the first scheduled prehearing conference on November 17, 1970. The time between my becoming counsel for the named intervenors and the prehearing conference was spent primarily and almost exclusively in preparing intervonors' petition to intervenc. i 3 On November 17, 1970, after some discussion about procedural and prehearing matters, this Board ordered, among other things, that:
"On or before January 7, 1971 counsel for Saginaw Valley Nuclear Study Group, et al.
shall serve his interrogatorics on the Applicant and Staff."
At the time of the Board's order it was not known to the Board, nor any party to this proceeding, including intervenors, thht between November 17 and January 7 additional obligations would
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be placed upon intervenors' counsel in the Midland and other proceedings which would effectively prevent intervonors' counsel from having sufficient time within which to prepare 80063007sg
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interrogatories and file thou on January 7, 1971.
- 4. _ Between November 17 and December 1, 1970, the latter being the date of the second prehearing conference, it became_ apparent to intervenors' counsel that certain legal motionsL would have to be made in order to preserve the r16 hts of the intervenors opposing the issuance of any license or permit for the Midland Plants. Accordingly, on December 1 s intervenoqs filed motions with the Board, including a motion not yet ruled upon that all prehearing and discovery proceedings be held.in abeyance until the resolution of le6al issues.
5 After discussion on December 1 at the prehearing conference, the Board ordered the parties opposin$ inter-venors' motions to file briefs in opposition thereto on or before December 15 and that intervenors should respond thereto on January 7, 1971, the same date on which intervenors' interror,atories are due.
- 6. In addition, on December 1 Applicant filed a series of six motions, and thereafter two memoranda in support thereof, and the Board ordered intervenors to respond to these briefs of Applicant also on January 7, 1971, the same date on
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which intervenors' interrogatories are due.
- 7. Since the resolution of legal issues logically takes precedence over and will control discovery matters, intervenors set about to prepare and file the various briefs prior to filing.the interrogatories. Intervenors believe i
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that resolution of legal issues will of necessity prevent the occurrence of argument upon certain interrogatories.
- 8. Because of the delays in mail. service, the briefs of Applicant in support of its Hovember 30 notions were not received by intervenors' counsel until the middle of the week of December 7 and the briefs of Applicant and Dow Chemical Company in opposition to intervenorc' motions were not received by intervenors' counsel until the beginning of the week of December 21. In anticipation of these briefs and in support of their motions, intervenors' counsel was at work preparing submissions to be filed on January 7, 1971.
9 As of the writing of this affidavit, intervenors' counsel has prepared and will file on January 7 a brief in opposition to Applicant's motions of Hovember 30 but has not as yet completed briefs in support of intervenors' December 1 motions and in opposition to the submissions of Applicant and Dow Chemical Company of December 15 These briefs will be ready for filing on Monday, January 11, 1971, Just two business days later than the order requires.
- 10. This motion of intervenors also requests the Board to permit intervenors t.o file their interrogatories some sixty days later than ordered. It has been impossible for intervenors' counsel to do any work on these interrogatories, thus far, and intervenors' counsel will be unable to begin
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January 25, 1971.
- 11. The factual reasons underlying this specific request are as follows:
(a) 14y trial schedule during'the entire year 1970 has been immensely burdensome.
(b) Since June 23, 1970, the day on which I became involved in the Palisades case, I have worked on Atomic Energy Commission proceedinCs or other matters cach day with the exception of ho]idc.ys.
(c) Since November 17, the date of the prehcaring conference, to the present, I have been specifically engaged as follows:
(i) On November 18 I conferred with various of the intervenors in Grand Rapids, Michigan.
(ii) On November 19 I was in my~ office working primarily on document production in connection with the Palisades case.
(iii) On November 20 I traveled to Ann Arbor, Michigan-to interview prospective witnesses with respect to the Palisades case.
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(iv) Beginning Hovember 21 I began preparation for trial in Minneapolis, Minnesota (Anderent v. Chrysler Corporation, United States District Court for the District
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of Minnesota) and was engaged in trial from November 23 through November 25 (v) From November 26 throuch the 27th I was in my office preparing for hearings in Palisades beginning December 8 and conferring with colleagues with respect to six lausuits filed against one of our office c,lients in the state courts of Minnesota, which complaints had to be reviewed and answered by January 4, 1971.
(vi) From November 29 through December 1,I prepared for and attended the Midland prehearing conference and in addition attended a pretrial conference with respect to another case, Lindow v. Maranz, United States District Court, Northern District of Illinois, which is scheduled to be tried in late January or early February, 1971.
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(vii) On December 2 through December 5 I was again on trial in Minneapolis, Minnesota in the Andere.gg case.
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(viii) From December 6 to December 8 I was engaged 'N '
in preparation for the Palisades hearings which were scheduled to and did convene on Tuesday, December 8.
As a result of Cnairman Jensch's ruling on December 8, beginning December 9 and including December lo and 11, I was in Kalamazoo, Michigan meeting with representatives of Consumers Power Company.
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(1x) On December 12 I traveled to WashJ ngton to prepare for a meeting with the Federal Trade Commission regarding an office client matter and on December 14 attended this meeting.
(x) From December 15 through December 18 I was again engaged in trial in Minneapolis, Minessota on the.Andercriq
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case.
-(xi) On December 19 I was in Grand Rapids, Michigan conferring
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with representatives of Consumers Power regarding the Palisades case.
,(xii) On December 20 and 21 I uas in my office working on the briefs for the Midland case and on Tuesday, December 22, traveled again to Grand Rapids for meetings with Consumers Pouer in connection with the Palisades case, as required by Chairman Jensch's order of December 8.
t (xiii) From Wednesday, December 23, through Sunday, January 3, I was at my office preparing briers in connec-tion with the Midland proceedings as well as preparing and filing answers and interrogatories in several Minnesota state court cases on which answers were due January 4.
(xv) On Tuesday, January 5, I was in Washington, D.C. conferring with representatives of Consumers Power and the Atomic Energy Commission regard $ng the Palisades case.
(xvi) From January 6 throur,h January 10, I plan to
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p_ r comp 1cto work on briefs yet to be filed in Midland, appear in an unrelated emergency injunction matter and participate in an all day meeting with representatives of Consumers Power regarding the Palisaded Plant.
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(xvii) Beginning January 11, 1971, I will again be engaged in trial in the Anderegg case in Minneapolis, Minnesota, which is scheduled to last from two to three weeks.
. (xviii) During the month of January, 1971, I have
to prepare: a protrial brief and jury instructions for Lindow v. Maranz; scheduled to be tried in late January or early February; a set of interrogatories for six Minnesota state court cases as to which I have already received an extension of time; and a revised franchise agreement relating to a Federal Trade Commission investi-gation which has been pending more than one year.
(xix) During January and February I shall also be engaged in writing a brief for Sierra Club, et al. v.
AEC, recently filed in the District of Columbia Court of Appeals, and I also believe that I will be engaged for some two to three weeks in the Palisados Plant matter, in addition to any hearings which may be scheduled therein.
- 12. When I became involved in the Midland proceeding I determined to secure a scientific consultant who was knowledge-able in the field of nuclear engineering. Accordingly, between
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November 17 and the third week in December, intervenors and I
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interviewed many persons and arrived at a working arrangement with a student at Purdue University who is working on a doctoral degree in nuclear engineering. This student's doctoral thesis is the review and analysis of an Atomic Safety and Licencing Board hearing, and I felt that his background would not only be helpful to me as counsel for intervenors but would immcasur-ably assist the expedition of this hearing. I have come to rely heavily upon this student in connection with the prepara-tion of the interrogatories, and his academic schedulo does not permit him to assist me until after January 25, 1971. Dcginning on January 25, 1971 this student will be working full time on the Midland hearings and therefore will be in a position to work with me in the preparation of the interrogatorics.
13 It would be impossible for me to prepare an adequate set of interrogatories in this I.gatter without this student's help and indeed a set of interrogatories without a
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- 14. It is important in pretrial proceedings that adequate time be given for thorough preparation so that matters can be fully investigated without the necessity of retracing
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_ tories will not prejudice any other party since ~it is unlikely
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that various legal issues which will control the scope of dis-covery and therefore the interrogatories will be resolved until perhaps the end of February. In this regard, I call attention to the recuest of Dow Chemical Company in its December 15 submission that whatever the Board's decision upon all legal issues, they should be certified to the full- Commission. It is unlikely that such a procedure would result in a Commission decision prior to the 15th of February at the earliest. In addition in view of the fact that there now will be some discussion as to the possibility of implementing any Court of Appeals decision in a proceeding, recently filed by the Sierra Club and others attacking the revised Appendix D, to the resolution of the so-called NEPA issues in the Midland proceeding, it is perhaps unlikely that a full resolution of the environmental issues which will aCain control the scope of discovery in this proceeding will be accomplished until the end of March, 1971.
- 16. Unless this Board extends the time for filin'g of intervenors' interrogatories, intervenors will be unable to prepare such interrogatories and discovery will have to be sought during the course of cross-examination.
Such a procedure is unuorkable and i'ndeed the recent amend-ments by the AEC concerning its rules of procedure stress the fact that discovery matters be completed insofar as practicable,
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. . at the prehearing sta6e of the proceeding. "
35 F.R. 19501, December 23, 1970.
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- 17. In all of the matters that have occupied my time since November 17 it was impossible for me to completely delegate all of my duties, since in all of these matters I am the lead or co-counsel, and no other lawyer possessed sufficient factual background to handle such matters.
- 18. If the Board grants the extension, I will make every effort to file my interrogatories on a piecemeal basic
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during the period of extension so that during the extension of time some of the parties can be working on answers to interrogatories. .
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'. $ron M. Che'rry Subscribed and sworn to
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before me this A day of January, 1971.
Y%ill 0 ds W Notary Public l
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