ML19209C549
| ML19209C549 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 09/04/1979 |
| From: | Olmstead W NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 7910160123 | |
| Download: ML19209C549 (5) | |
Text
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NRC PUBLIC DDAIEI' f goo 3,
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UllITED STATES OF AMERICA R
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-2 NUCLEAR REGULATORY C0iNISSION i
q r%j, BEFORE THE ATOMIC SAFETY AftD LICEf1SIflG BOARD
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In the Matter of ITN CONSUMERS POWER COMPN 1Y
)
Docket flos. 50-329
)
50-330 (Midland Plant, Units 1 and 2)
)
(Operating Licenses Proceeding)
NRC STAFF RESPONSE TO BOARD'S AUGUST 2 ORDER On August 2,1979, this Board issued a Memorandum and Order directing the NRC Staff to report its current estimate for the issuance of its Draft Environmental Impact Statement and to comment on the feasibility and desirability of hearing the diesel generator building issue in advance of other safety issues.
The Board correctly notes in its Order that the date for DES issuance in the Staff's July 10 response to Consumers' Motion is different from the date appearing in the July 6,1979 Status Summary Report.
The date in the Staff's response was the current projection. The date was revised following a public meeting at which Consumers urged the Staff to issue the DES carlier, even though the Staff informed Consumers that such action would result in a long comment period since the Staff did not plan to revise the FES issuance date of November, 1980. These environmental schedule problems, of course, result in part because of slippages in the safety review.
In addition, the Staff has been considering what revisions in the DES review will be necessary as a result of the Three Mile Island accident.
The Staff's conclusions may cause further revisions to the estimate for DES issuance.
It would not be wise to issue a FES based on.
1147 276 123' g
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- safety assumptions which ultimately proved to be inaccurate because of signi-ficant changes in construction, costs or requirements. As the Staff noted in its July 10 response, however, it may be possible to have separate hearings on environmental issues before this Board.
Some of those issues are presently framed are unaffected by the ongoing safety review and could be resolved in hearing.
The NRC Staff does not believe that separating the diesel generator building issue from other safety issues is appropriate. As the Board and parties are aware, the Staff sent a 50.54(f) letter to Consumers on March 21, 1979 requesting information to enable the Staff to determine whether enforcement action such as license modification, suspension or revocation should be taken.
Consumers' reply was filed on April 24,197N and has been supplemented several times, most recently on August 10, 1979.
Another report is promised on or before September 7,1979.N At present, the Staff cannot state with any certainty what its position wi' be with regard to Consumers' proposed course of action, nor can it state what further proceedings will be necessary.
For purposes of the OL review, however, the diesel generator building issue involves the Applicant's quality assurance program and implementation and, therefore, necessarily impacts other significant aspects of the Staff review effort.
Consequently, the Staff does not believe that much constructive progress could be made in evidentiary hearings which attempted to separate the settlement issue from the other issues in the proceeding.
Furthermore, the Staff would not be able to issue a partial SER on the issue without having substantially completed other major portions of the safety review.
In such circumstances, the Staff 1147 277, if Served on the parties by letter dated April 30, 1979.
2/ Letter from S. Howell to J. Keppler dated August 10, 1979.
. does not believe it desirable to hear the diesel generator building issue in advance of other safety issues.
For the foregoing reasons, the Staff adheres to its July 10, 1979 response and urges that the Board deny Consumers' Motion to the extent it is directed to the safety phase of this proceeding and that ti;a Board hold the portion of the motion concerning the environmental phase of the proceeding in abeyance.
Respectfully submitted, h
William J. Oln tead Counsel for flRC Staff Dated at Bethesda, Maryland this 4th day of September,1979.
1147 278
UllITED STATES OF AMERICA fiUCLEAR REGULATORY COM!!ISS10fl BEFORE THE ATO*4IC SAFETY Afl0 LICEtiSIflG BOARD In the Matter of
)
C0f1SUMERS POWER COMPAf1Y Docket ilos. 50-329
)
50-330 (Midland Plant, Units 1 and 2)
)
(Operating Licenses Proceeding)
CERTIFICATE OF SERVICE I hereby certify that copies of "flRC STAFF RESP 0f1SE TO BOARD'S AUGUST 2 ORDER", dated September 4,1979, in the above-captioned proceeding, have been served on the following by deposit in the United States mail, first class, this 4th day of September,1979.
- Ivan W. Smith, Esq.
Ms. Mary Sinclair Atomic Safety and Licensing Board 5711 Summerset Street U. S. fluclear Regulatory Commission flidland, flichigan 48640 Washington, D. C.
20555 Michael I. f1 iller, Esq.
- Hr. Gustave A. Linenberger
. Ronald G. Zamarin, Esq.
Atomic Safety and Licensing Board flartha E. Gibbs, Esq.
U. S. fluclear P.egulatory Conmission Caryl A. Bartelman, Esq.
Washington, D. C.
20555 Ishan, Lincoln & Beale One First flational Plaza Dr. Frederick P. Cowan 42nd Floor 6152 fl. Verde Trail Chicago, Illinois 60603 Apt. B-125 Boca Raton, Florida 33433
- Atomic Safety & Licensing Board Panel U. S. f'uclear Regulatory Commission Frank J. Kelley Washington, D. C.
20555 Attorney General of the State of Michigan Stewart H. Freeman
- Atomic Safety & Licensing Appeal Pane' Assistant Attorney General U. S. Nuclear Regulatory Commission Gregory T. Taylor Washington, D. C.
20555 Assistant Attorney Generals Environmental Protection Division
- Docketing and Service Section 720 Law Building Office of the Secretary Lansing, flichigan 48913 U. S. fluclear Pegolatory Commission Washington, D. C.
20555 Myron M. Cherry, Esq.
1 IBM Plaza Chicago, Illinois 60611 1147 279
.' : ; : Judd L. Bacon, Esq.
R. L. Davis, Esq.
Consumers Power Company J. E. Dicks, Esq.
212 West Michigan Avenue L. F. Nute, Esq.
Jackson, Michigan 49201 The Dow Cheinical Company Legal Dept., 47 Bldg.
Midland, Michigan 48640 Mr. Steve Gadler 2120 Carter Avenue St. Paul, Minnesota 55108 Wendell H. Mar;nall, Vice President Midwest Environmental Protection Associates RFD 10 Midland, Michigan 48640
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' ' s. u,, 's t '. r' William J. Olmstead Counsel for NRC Staff 1147j280
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