ML19289F219
| ML19289F219 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 05/03/1979 |
| From: | Mark Miller Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| NUDOCS 7906040426 | |
| Download: ML19289F219 (4) | |
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NUCLEAR REGULATORY C0bMISSION c",. p '
4 In the Matter of
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C0tiSUMERS POWER CIXTANY
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Docket Nos. 50-329 SP
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50-330 011dland Plant,
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Units 1 and 2)
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PREHEARING CDNFERENG ORDER Qiay 3,1979)
A prehearing conference was held in this proceeding en May 1, 1979 at the emm ssion Hearing Roan in Bethesda, Maryland, pursuant to the provision of 10 GR S2.752. Notice of the prehearing ccnference was duly published in 44 Federal Reszister 22529 (April 16,1979).
The Board heard a p.ts fran counsel concernirg a motion for streary disposition which had been filed by the Applicant, Censumers Power Company (Consumers), en March 30, 1979. A respcnse was filed by the Staff en April 19, 1979, opposing the motien on the grounds that it was praature because there had not yet been an opportunity for discovery or testire by cross-eu.nination the affidavits of witnesses filed in suoport of the motion. After extensive discussion (Tr. 50159), the Board ruled that action en the notion for stunnry dispositica would be deferred until after the ca:oletion of discovery. The Staff and other parties (including Intervencrs) desiring to respcnd to the notion are directed to file appropriate respenses by June 15, 1979.
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. By its Order entered January 4,1979, the Board requested the parties to supply certain information, including a statement of the issues imolved in this portion of the reanded proceeding. Statements of suggested issues were filed cn March 30, 1979 by the Staff, Ccastrars, and Intervenors Other than Dow (Intervenors).
The Board adcpts the follcwmg issues to define the matters in controversy:
Issue No. I hhether there was an attempt by parties or attorneys to prevent full disclosure of, or to withhold relevant factual information frcxn the Licensing Board in the suspension heanngs (ALAB-458, 7 NEC 155, 172, fn. 64, 177, fn. 87).
Issue No. 2 hhether there was a failure to make affirmative full disclosure en the record of the material facts relating to Dow's intentions concernira performance of its ccatract with Consumers.
Issue No. 3 khether there was an attemot to present misleadire testimcny to the Licensing Board concerning Dow's intentiens.
Issue No. 4 hhether any of the parties or attameys atterpted to mislead the Licensing Board concerning the preparation or presentation of the Tecple testimony 2236 047
. Issue No. 5 What sanctions, if any, should be in: posed as a result of affirma-tive finds en any of the above issues.
The following schedule was adopted to control this proceeding:
May 3 to June 8, 1979 Conduct and conclude discovery.
All parties to file responses to June 15, 1979 Constrers' notica for strrarf disposition.
June 15, 1979 Witness lists to be filed and exchanged.
Subsequent to this date, the Board will notify the parties of the n rm of additicral witnesses it desires to be called or produced.
July 2-27, 1979 Evidentiary heA W, Bethesda, Maryland.
The Staff was requested to review the record as to all contentions, charges or allegations which have been made by the Intervenors concernire any of the issues designated, above, and to report the results of such survey to the Board and other parties by June 1.1979. The Board will be avMinhle upcn short notice to ccnfer with all counsel regsrding any other necessarv issues or areas of inquirf, prior to such date (Tr. 50110-120).
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. All parties and coutsel are directed to take appropriate action 4-diately to preserve intact all files, docrents, records and other papers which relate in any way or touch upcn the issues involved in this proceedings (Tr. 50104).
It is so crdered.
E R THE ATOMIC SAFELY XID LICE 1SEiG EGLRD
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Marshall E. Miller, Chaiman Dated at Bethesda, Maryland this 3rd day of May 1979.
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