ML18044A554

Notices of Appearance in Proceeding & Designation of Persons Upon Whom Svc Should Be Made

ML18044A554
Person / Time
Site:	Palisades
Issue date:	01/24/1980
From:	Bielawski A, Mark Miller, Murphy P CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.)
To:
Shared Package
ML18044A555	List: ML18044A554 ML19290D585
References
NUDOCS 8002220219
Download: ML18044A554 (6)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ADMINISTRATIVE LAW JUDGE In the Matter of )

) Docket No. 50-255 CONSUMERS POWER COMPANY ) License No. DPR-20 (Palisades Nuclear Power Facility) )

NOTICE OF APPEARANCE Notice is hereby given that the undersigned attor-ney herewith enters his appearance on behalf of Licensee, Consumers Power Company, 212 West Michigan Avenue, Jackson, Michigan 49201, in the above-captioned proceeding. In ac-cordance with 10 CFR §2.713, the following information is provided:

Name: Alan P. Bielawski Address: Isham, Lincoln & Beale One First National Plaza Suite 4200 Chicago, Illinois 60603 Telephone Number: (312)558-7445 Admissions: Supreme Court of Illinois United States District Court for the Northern District of Illinois ISHAM, LINCOLN & BEALE One First National Plaza Suite 4200 Chicago, Illinois 60603 (312)558-7500 DATED: January 24, .1980 800Z22Cbdl9 .

,., *~ *12211 ~

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ADMINISTRATIVE LAW JUDGE In the Matter of )

) Docket No. 50-255 CONSUMERS POWER COMP ANY *) License No. DPR-20 (Palisades Nuclear Power Facility) )

NOTICE OF APPEARANCE Notice is hereby given that the undersigned attar-ney herewith enters his appearance on behalf of Licensee, Consumers Power Company, 212 West Michigan Avenue, Jackson, Michigan 49201, in the above-captioned proceeding. In ac-cordance with 10 CFR §2.713, the following information is provided:

Name: Paul M. Murphy Address: Isham, Lincoln & Beale One First National Plaz~

Suite 4200 Chicago, Illinois 60603 Telephone Number: (312)558-7537 Admissions: Supreme Court of Illinois Supreme court of Wisconsin United States Court of Appeals (7th Circuit and 10th Circuit)

United States District Court for the Northern District of Illinois United States District Court for the Western District of Wisconsin ISHAM, LINCOLN & BEALE One First National Plaza Suite 4200 Chicago, Illinois 60603 (312)558-7500 DATED: January 24, 1980

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMr1ISSION BEFORE THE ADMINISTRATIVE LAW JUDGE In the Matter of Docket No. 50-255 CONSUMERS POWER COMPANY License No. DPR-20 (Palisades Nuclear Power Facility)

NOTICE OF APPEARANCE Notice is hereby given that the undersigned 'attor-ney herewith enters his appearance on behalf of Licensee, Consumers Power Company, 212 West Michigan Avenue, Jackson, Michigan 49201, in the above-captioned proceeding. In ac-cordance with 10 CFR §2. 713,, the following information is*

provided:

Name: Michael I. Miller Address: Isham, Lincoln & Beale One First National Plaza Suite 4200 Chicago, Illinois 60603 Telephone Number: (312)558-7417 Admissions: Supreme Court of Illinois United States Court of Appeals (7th Circuit and District of Columbia Circuit)

United States District Court for the Northern District of Illinois United States District Court for the District of Columbia Michael I. Miller ISHAM, LINCOLN & BEALE One First National Plaza Suite 4200 Chicago, Illinois 60603 (312)558-7500 DATED: January 24, 1980

UNlTED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ADMINISTRATIVE LAW JUDGE In the Matter of )

) Docket No. 50-255 CONSUMERS POWER COMPANY ) License No. DPR-20 (Palisades Nuclear Power Facility) )

DESIGNATION OF PERSONS UPON WHOM SERVICE SHALL BE MADE Consumers Power Company, pursuant to 10 CFR

§2.708(e) and §2.712(b), designates the following persons to be served on its behalf with copies of all papers to be filed in the above-captioned proceeding:

Judd L. Bacon, Esq.

Consumers Power Company 212 West Michigan Avenue Jackson, Michigan 49201 Michael I. Miller, Esq.

Isham, Lincoln & Beale One First National Plaza Suite 4200 Chicago, Illinois 60603 Paul M. Murphy, Esq.

Isham, Lincoln & Beale One First National Plaza Suite 4200 Chicago, Illinois 60603 Alan P. Bielawski, Esq.

Isham, Lincoln & Beale One First National Plaza Suite 4200 Chicago, Illinois ISHAM, LINCOLN & BEALE One First National Plaza Suite 4200 Consumers Chicago, Iilinois 60603 (312)558-7500 DATED: January 24, 1980 I_

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION aEFORE THE ADMINISTRATIVE LAW JUDGE In the Matter of Docket No. 50-255 CONSUMERS POWER COMPANY License No. DPR-20 (Palisades Nuclear Power Facility)

ANSWER OF NOTI.CE OF HEARING.

Pursuant to 10 CFR §2.705, Consumers Power Company

("Licensee") answers the Notice of Hearing, dated January 17, 1980, as follows:

1. Licensee's position with respect to issue (a) is as follows:

(a) Licensee states that it has no knowledge or infer-mation sufficient to form a belief as to whether Licensee committed the violation of the technical specifications of License No. DPR-20, as set forth in Item 1 of the Notice of Violation issued to Licensee on November 9, 1979, and further states that even if such violation of technical specifi-cations occurred, the item of non-compliance has been miscategorized as a "violation."

(b) Licensee admits the allegations of fact in Item 2 of said Notice of Violation, but states that the item of non-compliance has been miscategorized as a "violation."

(c) Licensee admits that the signoffs were.not com-pleted as alleged in Item 3 of said Notice of

Violation, but has no knowledge or information sufficient to form a belief as to whether notif i-cation was completed.

Licensee's position with respect to issue (b) is that the December 20, 1979 Order Imposing Civil Penalties should not be sustained for the following reasons:

(d) Licensee states that the proposed penalties are unwarranted by the facts and that the decision to propose such penalties was arbitrary, capricious, an abuse of discretion and otherwise not in accor-dance with the law and was influenced by considera-tions unrelated to the purpose of Section 234 of the Atomic Energy Act (42 USC §2282).

(e) Licensee states that even if all items of non-compliance occurred as alleged in the Notice of Violation, the penalties proposed exceed the maxi-mum penalty permitted by Section 234 of the Atomic Energy Act (42 USC §2282)~

2. The items of the specification of issues controverted by Licensee are set forth in paragraph 1, above.

3. Licensee will appear by counsel and present evidence.

DATED:. January 29, 1980 Michael I. Mil er; Attorney for Licensee ISHAM, LINCOLN & BEALE One First National Plaza Suite 4200 Chicago, Illinois 60603 (312)558-7500