ML19320B012

Response Stating No Present Opposition to Wa Thibodeau,Tr Miller,Pa Race,B Stamiris & C Gilbert Petitions to Intervene.Reserves Right to Oppose Participation in Future Development & Urges Consolidation.Certificate of Svc Encl

ML19320B012
Person / Time
Site:	Midland
Issue date:	07/01/1980
From:	Farnell A, Mark Miller CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8007090045
Download: ML19320B012 (5)

Text

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NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board

)

In the Matter of )

)

CONSUMER POWER-COMPANY ) Docket Nos. 50-329-OM

) 50-330-OM (Midland Plant, Units 1 and 2) )

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) N pf DOCKETED ANSWER OF CONSUMERS POWER COMPANY TO 6-PETITIONS FOR LEAVE TO INTERVENE C JUL' 71980

• b OF MESSRS. THIBODEAU, MILLER AND RAC '

Office of the Secretarv AND MS. STAMIRIS AND MS. GILBERT Docketing & se vic Branch y b vsb Consumers Power Company (" Consumers Powe suant to the Rules of Practice of the Nuclear Regulatory Commission, hereby answers the petitions to intervene filed by Barbara Stamiris, William A. Thibodeau, Carol Gilbert, Terry R. Miller, and Patrick A. Race. For the reasons explained below, while Consumers Power does not at this time oppose the petitioners' intervention, it reserves the right to oppose the participation of any of the petitioners in subsequent proceedings in this docket, contingent on the adequacy of the contentions which they are required to submit pursuant to 10 C.F.R. S2.714(b) and this Board's notice of hearings and the factual accuracy of their alle-gations. Further, Consumers Power requests that the petitions be consolidated.- ~

8 0.0 7.0 9 o 04f 6

I. INTRODUCTION The petition of Barbara Stamiris states that she '

resides in Freeland, Michigan approximately eight miles from the Midland plant. She alleges that several interests will be adversely affected by an order of the Commission for modification of the construction permits for the Midland plants. Particularly, she states that an unsatisfactory resolution of the soil settlement issue would adversely affect her health and her economic interests. Further, she declares that any changes in construction may lead to a rise in her electric rates.*

Petitioners Thibodeau, Gilbert, Miller and Race, similarly allege a residence in close proximity to the plant site. These petitioners, in identical petitions, allege that their interests may be adversely affected by resolution of the soil settlement issue relating to the safety and value of their property, the health and safety of their families and increases in electric rates occasioned by the construction costs of the plant.*

II. . PETITIONERS' INTERESTS Based on the decision of the Atomic Safety and Licensing Board 3 Consumers Power Company (Palisades Nuclear Plant) , LBP-79-20, 10-NRC 108 (1979), and in light of their

! Obviously, intervention should not be granted based on the petitioners allegations regarding the effect which these-proceedings may have on rates charged by Con- ~

sumers Power. Portland General Electric Co. (Pebble Springs Nuclear Plant, Units 1 and 2) CLI-76-27, 4 NRC 610,.614 (1976).

asserted residences near the plant, it is apparent that these petitioners have adequately alleged facts sufficient to establish the requisite interest for intervention under 10 C.F.R. S2.714.

However, Consumers Power reserves the right to oppose the participation of any of these petitioners in the subsequent proceeding in this docket, dependent upon the substance and specificity of the supplemental contentions they are required to file pursuant to 10 C.F.R. 5 2. 714 (b) .

Consumers Power further reserves the right to challenge the accuracy of facts underlying petitioners allegations regarding standing. Finally, Consumers Power suggests that since the substance of all these petitions is similar and the wording of four of the petitions identical, the Nuclear Regulatory Commission should conso.'idate them pursuant to 10 C.F.R.

S2.714(d), limiting the intervention of these common interests to representation by a single spokesperson.

Respectfully submitted, Michael I. Miller ks Alan S. Farnell Counsel for Consumers Power Company '

ISHAM, LINCOLN & BEALE One First National Plaza Suite 422- ,

Chicago, Illinois 60603 l (312) 558-7500 1

i

-o UNITED STATES OF AMERICA-

• NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board

)

In the Matter of )

)

CONSUMER POWER COMPANY ) Docket Nos. 50-329-OM

) a 50-330-OM (Midland Plant, Uni.ts 1 and 2) )

)

)

i CERTIFICATE OF SERVICE i

I, Alan S. Farnell, hereby certify that a copy of Consumers Power Company's Answer to Petitions for Leave to Intervene was served upon all persons shown in the attached service list by deposit in the United States mail, first

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class, this 1st day of July, 1980.

' hAlan S.h. Farnell i e <

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SERVICE LIST C

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I Frank J. Kelley, Esq. Grant Merritt, Esq.

Attorney General of the Thompson, Nielsen, Klaverkamp & James State of Michigan 4444 IDS Center Stewart H. Freeman, Esq. 80 South Eighth Street Assistant Attorney General Minneapolis, Minnesota 55402 Gregory T. Taylor, Esq.

Assistant Attorney General Atomic Safety & Licensing Appeal Panel Environmental Protection Div. U.S. Nuclear Regulatory Commission 720 Law Building Washington, D.C. 20555 Lansing, Michigan 48913 Mr. C. R. Stephens Myron M. Cherry, Esq. Chief, Docketing & Service Section One IBM Plaza Office of the Secretary Suite 4501 U.S. Nuclear Regulatory Commission Chicago, Illinois 60611 Washington, D.C. 20555 Mr. Wendell H. Marshall Ms. Mary Sinclcir RFD 10 5711 Summerset Street Midland, Michigan 48640 Midiand, Michigan 48640 Ivan W. Smith, Esq. William D. Paton, Esq.

Atomic Safety & Licansing Bd. Counsel for the NRC Staff U.S. Nuclear Regulatory Com. U.S. Nuclear Regulatory Commission pg Washington, D.C. 20555 Washington, D.C. 20555

~

Mr. Gustave A. Linnenberger Atomic Safety & Licensing Board Panel Atomic Safety & Licensing Bd. U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Com. Washington, D.C. 20555 Washington, D.C. 20555 Barbara Stamiris Dr. Frederick P. Cowan 5795 North River Road 6152 N. Verde Trail Route 3 Apt. B-125 Freeland, Michigan 48623 Boca Raton, Florida 33433

. William A. Thibodeau Carroll E. Mahaney 3245 Weigel Road Babcock & Wilcox Route 5 P. O. Box 1260 Saginaw, Michigan 48603 Lynchburg, Virginia 24505 Sister Carol Gilbert Patrick A. Race St. Joseph Covent 1004 N. Eheridan 903 N. Seventh Street Bay City, Michigan 48706 Saginaw, Michigan 48601 Terry R. Miller 3329 Glenc' ra Drive

, Bay City. Aichigan 48706