ML19344A159

Advises That Mm Cherry Will Not Attend 780109 Meeting W/ Mv Freeman Due to Previous Commitment.Discusses 771219 Order Requiring Legal Filing on 780105 Re Charges Preferred by Aslb.Order Unfair

ML19344A159
Person / Time
Site:	Midland
Issue date:	01/04/1978
From:	Cherry M CHERRY, M.M./CHERRY, FLYNN & KANTER
To:	Deale V Atomic Safety and Licensing Board Panel
Shared Package
ML19344A156	List: ML19344A159
References
ISSUANCES-SP, NUDOCS 8008060455
Download: ML19344A159 (3)

Text

.-. - -

', . , .. dT :;U:l.0Q

'f.! )

(

s L AW OFFICLS u.m . ; UT:L. ((:C. [O- 21 0 '5so SP .

, EXHIBIT B (MYRO N M CH E R RY s.

c: * '

C N E g g)4 PLA.A CHICAGO.lLLINots GoGil

• @p ,

,, , , , m . . . . .

- 4gna w January 4, 1978 k'

\ g{ '

cQ I? ;h O' i?

N Valentine B. Deale,' Esq. g \'

Chairman (0

. Atomic Safety & Licensing Board 1001 Connecticut Avenue, U.W.

])

p ,

Washington, D. C. 20036 4

Dear Mr. Deale:

Some time ago, you telephoned me to establish a date to discuss procedure in connection with alleged charges brought against ce and which you represented were assigned to you in your capacity as Chairman of a Special Licensing Board. I told you that in connection with those alleged charges I was represented by counsel, and~I re-ferred you to Mr. Milton V. Freeman of the Washington law firn of Arnold & Porter. --

Thereafter, but prior to your notice of Decem ,

ber 19, 1977, I understood that Mr. Freeman was to meet with l you on January 9, 1978. Because of financial and other

considerations I did not plan to attend that meeting in ,

l Washington and became otherwise occupied in the course of my legal duties. In fact, I have been for some time scheduled in depositions in California on that date (and '

i thereaf ter throughout January 1978 in California and New York) i arid also in a hearing before a Federal District Court Judge in the Central District of California. Thus I cannot be in Washington on January 9.

- Thereafter I received the December 19, 1977 Order

! which established a rigid procedure imposing upon the Saginaw Intervenors certain requirements. In fact, that ,

Order attempts to require the Saainaw Intervenors (or myself) 7[6 1

to make certain filings on January 5, 1978 concerning the i:j charges preferred by the Midland Licensing Board against ii i the Regulatory Staff. We believe that your Order is improper fh b

i and without admitting the jurisdiction of your Order are I

- asking the Board to rescind it. J L----

i l

l 8008060kk

~

JM i *

^

, 3

• i f (

Valentine B'. Deale, Esq.

Page Two 1

-January 4, 1970 --

4 Your Order apparently requires the Saginaw Inter-venors (or myself) ,, upon pain of losing rights , to finance implementation of charges brought by the Licensing Board against the Regulatory Staff without any understanding of the implications or costs or fairness of that procedure.

1' ic L-As the NRC has known for some time, the Saginaw Intervenors are without funds and have been participating in proceedings on a very precarious basis. See for example, Order of Midland Licensing Board, Dockets 50-329 and 50-330, February 25, 1977, where the Licensing Board so held.

Accordingly, the procedure adopted by your Order places both my clients and myself in an untenable posit' ion.

In addition, since there are numerous jurisdictional problems (which I understand will be brought.to your atten-tion on January 9), I believe it both inappropriate and unfair for Saginaw to be required to make filings on Janunry 5. By this letter Saginaw is not waiving any' rights it h-u or waiving or abandoning any positions it has pre-viously taken. We are, however, alerting you to the dis-advantageous and unfair impact of your Order on December 19, e 1977 so that you and other members of the Board are so advised.

esp ctfully, f

/.. .

F r t M. Che ry jiv ' _

MMC:es y cc: Margaret M. Laurence, Esq. .

Gary L. Milhollin, Esq. y Secretary of the Commission i b

'< : l M 1 S ,

l I

t 1

- ~~ __ - _. . .. _ _ ,,

, <j ) '.

UNITED STATES.OF AMERICA NUCLEAR REGULATORY COletISSION ,

e Before The Atomic Safety And Licensing Board For Special Proceeding In the Matter of )

)

CONSUMERS POWER COMPANY ) Docket Mos. 50-329 ) g,p,

.) 50-330 )

(Midland Plant, Units 1 and 2)- -)

CERTIFICATE OF SERVICE I certify that copies of the foregoing MOTION TO DISMISS have' been served on the following parties by first-class mail this 17th day of January, 1978:

Valentine B..Deale, Esquire Myron M. Cherry, Esquire-Chairman, Atomic Safety and 1 IBM Plaza Licensing Board Chicago, Illinois 60611 ,

1001 Connecticut Avenue, N.W. s Washington, D. C. 20036 Milton V. Freeman, Esquire Arnold & Porter <

Miss Margaret M. Laurence 1229 19th Street, N.W.

Atomic Safety and Licensing Washington, D. C. 20036 Board 5007 King Richard Drive William J. Olmstead, Esquire .

Annandale, Virginia 22003 ' Office of Executive Legal Director.

Gary L. Milhollin, Esquire U.S. Nuclear Regulatory Atomic Safety.and-Licensing Commission Board Washington', D. C. 20555 -

1815' Jefferson Street Madison, Wisconsin 53711 l fn n Tf S.-L. Ferlman ,

Attorney for Milton J. Grossman-  !

and James R. Totirtellotte j i

l w