ML19247B159
| ML19247B159 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 07/10/1979 |
| From: | Hoefling R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 7908080053 | |
| Download: ML19247B159 (5) | |
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UNITED STATES OF A" ERICA
'J NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
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In the "atter of
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CONSUMERS POWER COMPANY
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Docket Nos. 50-329
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50-330 (Midland Plant, Units 1 and 2)
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(Operating Lice.ises Proceeding)
NRC STAFF RESPONSE TO MOTION OF CONSU"ERS POWER COMPA"Y TO ESTABLISH SCHEDULE 4
By its motion dated June 20, 1979, Consumers Power Company (Consumers) moved this Atomic Safety and Licensing Soard (Licensing Board) to adopt a schedule to govern further proceedings in this matter.
For the reasons given below, the Staff vould urge that the Licensing Board deny the motion to the extent directed to tiie safety phase of this proceeding and to hold in ateyance the portion of the motion directed to the environmental phase of this proceeding, pending the issuance by the Staff of its Draft Er.vironmental Statement (CES).
The current Staff efforts to complete the safety and environme.ntal documents in this matte. can be summarized as follows:
Ef fort is being expended in completing the DES as time permits and that document is currently targeted for completion by the end of 1979.
The Staff would suggest that upon issuance of the Staff's DES, a prehearing conference be scheduled to determine the further course of the environmental phase of this proceeding and that one of the issues to be explored at that prehearing conference would be tN feasibility and advisability of a separate hearing on the envirormental issues which are oefore this Board.
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. With regard to the Staff's onga i'ig safety review and the issuance c.~ ti e Sta f f's Sa fety Evaluation Report (SER), both the Staff's extensive cc:naitment to the issues,shich have been raised by the T!,ree Mile Island incident and the complexities associatea uith the Midland safety reviewN make it virtually impossible to identify a target dite for the issuance of the Staff's SER.
The Staff v.ould note that one of the subjects of its SER would be the site settlement quetions to which Consumers makes reference in Paragraph 3 on page 2 of its motion. The Staff does not envision issuing a partial SER covering this topic which would "... issue in the same approximate time frame now contemplated for issuance of the DES".
Ibid.
Rather, this subject will be treated in the Staff's SER when it issues.
In conclusion, to the stent that Consumers' motion seeks to establish a schedule leading to hearings on any safety issues, such a motion should be denied as premature. No target date is available for use in such scheduling endeavors.
No partial SER is contemplated by the Staff on the site settlemenr issue. The time is simply not ripe for any scheduling activities relative to the safety phase of this proceeding.
With regard to the environmental phase of this proceeding, Consumers' suggestion that a separate environmental hearing may expedite the proceeding seems to be an' alternati/e Worthy of exploration at a prehearing conference which could if It should be noted that the Midland Facility is similar in design to the
'ree Mile Island Facility and that further complications have arisen d"e
- ite settlement questions which were first noted in the area of the diesel generator building.
5(J i 5DL be schede'ad following the issuance of the Staff's CES. At that prehearing conference, this and other questions related to finalization of contentions, tenaination of discovery, and the filing of appropriate motions prior to hearing could be explored.
Respe :tfully subaitted, f
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yhfG Lt. v Counse? for NRC Staff {/
Richard K. Hoefling Dated at Be,'hesda, Maryland
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thi: 10th day of July,1979.
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U:llTED STATES OF,,TRICA 1:UCLEAR REGULnTORY CG.4ISSIGN BEFORE THE ATOMIC SAFETY AND LICE:lSIfG BOARD In the Tiatter of
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CC:lSU.'iERS PC'.lER COMPAi4Y
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Docket l:os. S0-329
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50-330 (flidland Plant, Units 1 and 2)
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(Operating Liccnses Prc eding)
CERTIFICATE OF SERVICE I hereby certi fy tha t copies of "ilRC STAFF RESPONSE TO MOTION OF COlCUMERS POWER COMPAliY TO ES TABLISH SCHEDULE", da ted July 10, 1979, in the above-captioned proceeding, have been served on the following by deposit in the United States mail, first class, this 10th day of July,1979.
Ivan W. Smith, Esq.
Ms. Mary Sinclair Atomic Safety and Licensing Board 5711 Sucrerset Street U. S.1 uclear Regulatory Commission tiidland, flichigan aC640 Washington, D. C.
20555 Michael I. :liller, Esq.
Iir. Lester Kornblith, Jr.
Ronald G. Zamarin, Esq.
Atoajic Safety and Licensing Board
" artha E. Gibbs, Esq.
U. S. T!uclear Regulatory Corrission Caryl A. Bartelnan, Esq.
'la shington, D. C.
20555 Ishan, Lincoln & Beale One First ::ational Plan Dr. Frederick P. Cowan 42nd Floor 6152 N. Verde Trail Chicago, Illinois 60503 Apt. 3-125 Doca Raton, Florida 33433 Atomic Safety & Licensing Bear d Panel U. S. fluclear Regulatory Conuission
'lashington, D. C.
20555 Frank J. Kelley Attorney General of the State af Michigan Stewart H. Freccan Atcaic Safety ?, Licensing Apneal Panel Assistant Attorney General U. S. 7:uclear kegulatory Commission Gregory T. Taylor Washingtcn, D. C.
20555 Assistant Attorney Generals Environmental Protecticn Division Docketing and Service Section 720 Law Building Of fice of the Secretary Lansing, flichigan 13913 U, S. t!uclear Regulatocy Cornission "ashingtcn, D. C.
20555
- 1yron M. Cherry, Esq.
1 IBM Plaza Chicago, Illinois 60611 7 r '.
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. Judd L. Bacon, Esq.
R. L. Da v -: s, Es q.
Consumers Power Company J. E. Dicks, Esq.
212 '.-les t Ilic'11gan Avenue L. F. Tiu te, Es q.
Jackson, Ilichigan 49201 The Cow Chemical Company Legal Dept., 4/ Bldg.
,,endell Marshall idland, Michigan 23640 Route #2 ilidland, Michigan 40640 lir. Steve Gadler 2120 Carter Avenue St. Paui, Minnesota 55108 1
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Richard K. Hoefling Counsel for iiRC Staff C f) 1 J c ]r
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