ML19269D341

Responds to 790409 Order Scheduling 790501 as Date for Prehearing Conference & Argument Re Applicant'S Motion for Summary Disposition.Supports Applicant'S Motion. Certificate of Svc Encl

ML19269D341
Person / Time
Site:	Midland
Issue date:	04/25/1979
From:	Robert Davis, Nute L DOW CHEMICAL CO.
To:
References
NUDOCS 7906010272
Download: ML19269D341 (5)

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UNITED STATES OF AMERICA $N NUCLEAR REGULATORY COMMISSION Nh BEFORE THE ATOMIC SAFETY AND LICENSING BOARD IN THE MATTER OF )

) Docket Nos. 50-329CP CONSUMERS POWER COMPANY ) 50-330CP

)

MIDLAND PLANT, UNITS 1 and 2 ) REMAND PROCEEDING

)

RESPONSE OF INTERVENOR THE DOW CHEMICAL COMPANY TO LICENSING BOARD ORDER DATED APRIL 9, 1979 Intervenor The Dow Chemical Company (Dow) herewith submits its response to the April 9, 1979 Order of the Atomic Safety ana Licensing Board which was received by Dow on April 16, 1979. That Order set May 1, 1979 as the date for a pre-hearing conference and for the hearing of oral argument on the Motion for Summary Disposition filed by Consumers Power Company (Consumers).

Dow continues to believe that the issues framed by the Board's Order Concerning Remanded Issues dated January 4,1979 (Order) (pages 6 through 10) can and should be decided from facts on the record already before the Board. The lengthy submissions filed with the Board consist of sworn testimony, affidavits, voluminous briefs and memoranda.

2265 146 1/

- In addition, there are certain privi?cged documents which were agreed to be privileged or which the Board has ruled are privileged.

'l906010 27,2{

Based upon responses to the Board's Order to date there appears to be no significant or important differences as to the completeness of the record.2/ Further testimony on these issues would be redundant based on the testimonial record already in, existence. Thus, while Dow's perception of the position taken by Consumers in the meetings between Dow and Consumers on September 21, 1976 and September 24, 1976 is clearly different from the position that Consumers states that it intended to communicate, the differences between Dow and Consumers as to precisely the exact words spoken by the parties over two and one-half years ago has already been amply set out in the existing record. Either perception is obviously arguably consistent with either set of words. Dow, accordingly, 2/

-- There are inevitably dif ferences, of course. For example, Consumers' Memoranda in Support of Motion for Summary Disposition (pages 8-9) and the Affidavit of Judd Bacon dated March 28, 1979 (paragraph 3, pages 1-

2) are not accurate with regard to the manner in which the so-called "Nute notes" were prepared. Consumers states that the notes were prepared sometime after the meeting of September 21, 1976 based on Mr.

Nute's subsequent recollection of what transpired at the meeting and his review of handwritten notes taken at the meeting by Mr. A. J. Klomparens.

. .._ .This version of the preparation of the "Nute notes" reflects a mis - -

understanding of the statement made by Mr. Milton Wessel regarding the manner in which the notes were prepared. (See transcript, pages 2244-2245) Mr. Nute in fact took handwritten notes during the September 21, 1976 meeting. Immediately following the meeting, he reviewed those notes together with notes taken by Mr. A. J. Klomparens. Mr. Nute's handwritten notes were then typed verbatim that same day and his hand-written notes were discarded. Whereas, Mr. Nute's notes do not purport to be word-for-word transcripts, they are " contemporaneous."

2265 147

• h supports the suggestion of Consumers that the issues now before the Board be decided in a summary manner on the record now before the Board.

DATED: April 25, 1979 Respectfully submitted, flA / .

_I.oblie F. Nute, Esq. /ff4 The Dow Chemical Company Milton R. Wessel, Of Counsel

\Y P/ I/. Da'/is , Esq.

The/Dow Chemical Company Michigan Division Legal Dept.

2265 148 co m '

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.S UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

_] N g jg"[,$ ) 1 -

g+ os. 4pd 12 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD i W 9/ /

Co en IN THE MATTER OF )

) Docket Nos. 50-329CP CONSUMERS POWER COMPANY ) 50-330CP

)

MIDLAND PLANT, UNITS 1 and 2 ) REMAND PROCEEDING

)

CERTIFICATE OF SERVICE I hereby certify that copies of the attached " Response of Intervenor The Dow Chemical Company to Licensing Board Order Dated April 9,1979" dated April 25, 1979, were served upon the individuals whose names appear on the attached Service List by deposit in the United States mail, postage prepaid and properly addressed, on the 25th day of April, 1979.

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I L

Judith A. Suderman e

The Dow Chemical Company Michigan Division Legal Department 47 Building Midland, Michigan 48640 Dated: April 25, 1979 2265 149

.s SERVICE LIST Marshall E. Miller, Esq., Chairman Richard K. Hoefling, Esq.

Atomic Safety and Licensing Board Counsel to NRC Staff U.S. Nuclear Regulatory Comnission Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. J. Venn Leeds, Jr. Michael I. Miller, Esq.

Atomic Safety and Licensing Board Ronald G. Zamarin, Esq.

10807 Atwell Isham, Lincoln & Beale Houston, Texas 77096 One First National Plaza Chicago, IL 60603 Dr. Emmeth A. Luebke .

Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Panel Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. ' 20555 Myron M. Cherry, Esq.

One IBM Plaza Mr. C. R. Stephens Chicago, IL 60611 Docketing and Service Section .

Office of the Secretary Judd L. Bacon, Esq. U.S. Nuclear Regulatory Commission Consumers Power Company Washington, D.C. 20555 212 West Michigan Avenue Jackson, MI 49201 Gerald Charnoff, Esq.

Wm. Bradford Reynolds, Esq.

Ms. Mary Sinclair Shaw, Pittman, Potts & Trowbridge 5711 Summerset Street 1800 M Street, N.W.

Midland, MI 48640 Washington, D.C. 20036 Harold F. Reis, Esq.

Robert Lowenstein, Esq.

Lowenstein, Newman, Reis &

Axelrad 1025 Connecticut Avenue Washington, D.C. 20036 22 5 150 Mr. Steve Gadler 2120 Carter Avenue St. Paul, Minnesota 55108 Norton Hatlie, Esq.

Attorney at Lan P.O. Box 103 Navarre, Minnesota 55392 ,