ML19338C035

Forwards Motions Due 770624 Re Suspension Hearings.Us Court of Appeals 770623 Order & Motion for Filing Instanter Encl

ML19338C035
Person / Time
Site:	Midland
Issue date:	06/27/1977
From:	Cherry M CHERRY, M.M./CHERRY, FLYNN & KANTER
To:	Coufal F Atomic Safety and Licensing Board Panel
Shared Package
ML19338C032	List: ML19338C031 ML19338C034 ML19338C035 ML19338C037 ML19338C040
References
NUDOCS 8007310595
Download: ML19338C035 (4)

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,,m r i uw orrects MYRON M. CHERRY o,e c eens PLAla CHICAGO. lLLINolS Go611 uen ses.een %p @

4 June 27, 1977 #5sE \\

9 JUN2 81977 > !

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Frederic J..Coufal, Esq., Chairman b *g).,*

Atomic Safety & Licensing Board Panel / (M, /

U. S._ Nuclear Regulatory Commission '

• Washington, D. C. '20555 '

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f'd g Re: Consumers Power Company Midland Plant ..

4 Suspension-Heafings

Dear Chairman Coufal:

We encicae various Motions, some of which were due June 24, 1977. - - We were _ unable to get them reproduced by that date and thus  ;

ask for permission to file them today by mail, essentially one '

business day later. Ne trust this will not inconvenience the Board and.in no event should slow down the process since all of the l

Findings are not yet due by the other parties. Hence, we believe I the Board will have sufficient time to deal with the admissibility question.

We would like to point out, however, that well over 95%

of the objections by the Staff and Consumers to our Exhibits are frivolous. We believe a careful review of Consumers' and the Staff's papers will show that their objections to our documents were filed in bad faith and only intended to delay these proceedings in a i

desperation move. Almost 99% of the documents we produced were produced by the other parties, yet those other parties took the time

'to object to documents which their own companies produced.on_the grounds that the writers of those documents (their own witnesses) were not produced for examination. Based upon my more than 15. yea;s of. practice before Federal Courts, there isn't a judge alive'who would not have reacted harshly to those kirds of arguments made by Consumers and the Staff.

.We makefthis point because responding to Consumersand the Staff's Motions on the Exhibits took time and money, both of which fwe do not have in abundance in these proceedings. We also take the

. time:to point this'out since it supports'our overall position that

.. Consumers'_-only goal in this proceeding has been to manipulate the events and prevent the Board frtan 'seeing the whole truth. The E

Staff's objections to various documents only underscore the fact that the. Staff did not?do any advance analysis in this cas'e and was

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' Frederic J. Coufal, Esq., Chairman Page Two

- June 27, 1977

' hell-bent on supporting Consumers Power Company even to the point of,trying to mask their dishonest deficiencies by making personal

-; attacks on the lawyer who brought the-information to light.'

Respe tfully, ,

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i. Cherty MMC:es enclosures cc: Service List P.S. We also inform the-Board that the Court of Appeals has, on June 23, 1977, denied Consumers' Motion to Recall the Mandate and we enclose a copy of that Order.

In light of the papers which were before the Court of Appeals by us which urged'immediate suspension, we regard the Court of. Appeals' decision as a judicial statement that-suspension must-take place in order to have fair remanded hearings.

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kit.eh States Gaurt of Appen!s FOR THE OLSTRICT OF cot UMBI A CmCulT

.4 No. 70-1"S September Term,19 7s Ne1. son /esch1N n, . e t al. ,

Petitioners ...-

v. .

United States of Atnerica Atomic Energy Unfjeg 3g 7 Coramission, and United States of america, f:t tt, W of C:Jara nespondenta .

re rit ciSppeals ,

t.onsumers somer co. a nichigan Corp. JUN 2 3 1977 Intervenor no. u -1se7 h FISHER Saginaw Valley Buclear Study Group, United ,*.uto Workers, International, Citizens Cocnittee for Environmental Protection of c3 t o' Michigan, West Michigan Environnontal' 4)

Action Council, Inc., Sierra Club and #

ocem, University of Michigan Environziental * *c gi Law Society, 7- -

c Petiwes JUN2 81977 > r G 'I2 y, c0m. .o ,, m%

d*';;43 The Atomic Energy Corsaission and g M /

g g The United States of Asserica,.~~

Despondants na===rs Power t.oupany Intervenor

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BETCR2:

Bazelen, Chief Judge; Fahy, Senior Circuit Judge; and '

William Wayne Justice *, United States District Judge , :. S 2._

for the Imatern District of Texas Rd),.'f p

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On consideration of the motion of intervenor Consumers Power Company to recall mandato, of the opposition thereto, and of intervenor's reply to said opposition, it is scp ogga -

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hitch States Gourt of Appenis FOR THE DISTRICT OF cot.UMel A CIRCUIT 2_. .r . -

No. 73-1778 73-1887 September Term,19 79

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ORDEIGD by the Court that the motion of intervenor Consumers Power Company to recall mandate'is denied.

Per Curi.Ts For the Court:

G20:'.G3 A. FImIE:t Clerk g .

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> Sitting by ' designation pursuant to 23 U.3 C. 3292(d) 6. jEi ...

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