ML19260E291

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Responds to to Chairman Ahearne Requesting That Hearings on Soil Settlement Issue Be Held in Midland,Mi. Public Hearings on Issue Not Yet Scheduled.Fr Notice of Hearing on Matter Will Soon Be Published
ML19260E291
Person / Time
Site: Midland
Issue date: 01/31/1980
From: Christenbury E
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To: Najawicz N
AFFILIATION NOT ASSIGNED
References
NUDOCS 8002150158
Download: ML19260E291 (2)


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Ms. Nila Najawicz 1082 E. Laurie Lane Saginaw, Michigan 48603 In the Matter of CONSUMERS POWER COMPANY (Midland Plant, Units 1 and 2)

Docket Nos. 50-329 & 50-330

Dear Ms. Hajawicz:

Your letter of January 19, 1980 to Chairman Ahearne regarding soil settlement matters at Consumers Power Company's Midland site has been referred to me for response.

You indicate that NRC has announced that hearings requested by Consumers on this issue will be held in Bethesda, Maryland and you request that such hearings be held in Midland, Michigan.

No public hearings have yet been scheduled on the soil settlement issue.

The Comission will soon publish a notice of hearing in the Federal Register and appoint an Atomic Safety and Licensing Board for the matter.

The Licensing Board will then determine the issues to be heard and schedule a hearing.

This action is normally taken following a prehearing conference at which the parties are heard concerning such matters as schedule, issues, and hearing location. Although it is a matter for the Licensing Board to determine, normally prehearing conferences and hearings are held in the area of the facility in question, in this case, Midland, Michigan.

While I cannot be certain to which hearings your letter refers, I would note that a Licensing Board has been considering issues arising out of a previous proceeding related to Consumers' Midland facility.

That Board is considering matters related to the presentation of evidence by attorneys during an earlier proceeding and the Board did hold those hearings in Bethesda this past year. The issues being considered, however, did not involve the facility nor soil settlement at the site. The parties involved had no objection to holding the hearings in the Commission's Bethesda facilities which were, of course, less costly to the taxpayer and more convenient to the Licensing Boa rd.

Finally, I would note that Consumers' personnel do sometimes request meetings with the NRC technical review staff in Bethesda.

If the staff agrees to a meeting, it publicly announces such meetings in advance.

While the public can attend and observe these meetings, such meetings are not hearings and are not held to resolve issues which might be identified by a Licensing Board 8002150

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. for adjudication. Such a meeting was noticed just shortly before the date of -your letter.

I trust this has been responsive to your request.

Sincerely, Edward S. Christenbury Chief Hearing Counsel Office of the Executive Legal Director

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