ML19326D150
| ML19326D150 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 03/03/1978 |
| From: | Clark H Atomic Safety and Licensing Board Panel |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8006060736 | |
| Download: ML19326D150 (5) | |
Text
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UNITED STATES OF AMERICA g
NUCLEAR REGULATORY COMMISSION N.
A In the Matter of
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m CONSUMERS POWER COMPANY
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Docket Nos W12SL3
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50-330A (Midland Plant,
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Units 1 and 2)
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NOTICE AND ORDER FOR PREHEARING CONFERENCE AND EVIDENTIARY HEARING (March 3, 1978)
The Appeal Board in its decision on review of the ant'-
trust decision of the Licensing Board in this proceeding (Consumers Power Company [ Midland Plant, Units 1 and 2],
ALAB-452, 6 NRC _),
remanded this case to the trial Board for the formulation of " appropriate" license conditions re-quired to eliminate the concerns entailed in the antitrust findings (Slip opinion, pp. 429, 432).
On March 2, 1978, the Board held a conference wi.h counsel for all parties to discuss the issues appropriate to be taken up at an evidentiary hearing, and to consider scheduling and other procedural subjects necessary for an expeditious hearing and dispos 2. tion of the remanded matters.
The Board has concluded that in order to comply with order of remand, a prehearing conference should be held on l
April 13, 1978, and an evidentiary hearing should coc=ence on May 8, 1978.
Prior to the prehearing conference, and not
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later than April 7,1978, the Board should have in hand a pretrial statement or brief from each party which should con-tain at least the following information:
1.
A statement of the issues or contentions involved in the hearing and the parties' respective positions thereon.
2.
Preliminary proposed license conditions i
deemed appropriate in accordance with the i
t Appeal Board's opinica and findings.
3.
Citations of relevant authority.
I 4.
A list of witnesses who might be called by each party.
5.
A brief summary of the testimony expected from each witness (no written direct testi-many will be used at,the hearing).
In addition, the parties are requested to have the follow-ing documents in the hands of the Board by the same date (April 7):
I (a) Annual reports of Consumers not previously in evidence, including the most recent drafts.
(c) Form 10 K (SEC).
l (d) Prospectuses of the last bond or stock issue of Consumers.
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e (e) The Dow exhibits described in ALA3-452, p. 431, footnote 736.
t Accordingly, in order to dispose of the remanded issues and in accordance with the provisions of 10 CFR 2.104, 2.750, 2.752 and 2.757, please take notice that a prehearing conference i
j will be held at 9:30 a.m., local time, on April 13, 1978, in i
the Nuclear Regulatory Commission's Hearing Room, 5th Floor, East West Towers, located.at 4350 East West Highway, Bethesda, Maryland 20014.
Please take further notice that an evidentiary hearing will be held at 9:30 a.m.,
local time, on May 8, 1978, in the Nuclear Regulatory Commission's Hearing Room, 5th Floor, East West Towers, located at 4350 East West Highway, Bethesda, Maryland 20014.
FOR THE ATOMIC SA$TY AND LICENSING BOARD fa oph L
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Kugh KU Clark, Chairman Dated at Bethesda, Maryland b
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this 3rd day of March 1978.
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UNITED STATES OF AMERICA NUCLEAR PIGO.ATCCY COD:ISFIO::
In the Matter of
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CONSUMERS P0iTJR COMPANY
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Docket No.(s) 50-329A
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50-330A (Midland Plant, Units 1 and 2)
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CERTIFICATE OF SER5? ICE I hereby certify that I have this day served the foregoing document (s) upon each person designated on the official service list compiled by the Office of the Secretary of the Commission in this proceeding in accordance with the requirements of Section 2.712 of 10 CFR Part 2-Rules of Practice, of the Nuclear Regulatory Commission's Rules and Regulations.
Dated at Washington, D.C. this
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Office c f the Secretary of the Commission -
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UNITED STATES OF AMERICA NUCLEAR REGUL\\ TORY COMMISSION In the Matter of
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CONSUMERS POWER COMPANY
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Docket No.(s) 50-329A
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50-330A (Midland Plant, Units 1 and 2)
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SERVICE LISTE Hugh K. Clark, Esq., Chairman David A. Leckie, Esq.
P.O. Box 127A Public Counsel Section Kennedyville, Maryland 21645 Antitrust Division U.S. Department of Justice Dr. J. Venn Leeds Washington, D.C.
20530 10807 Atwell Houston, Texas 77096 William Warfield Ross, Esq.
Keith S. Watson, Esq.
Marshall E.-Miller, Esq.
Toni K. Golden, Esq.
Atomic Safety and Licensing Board Wald, Harkrader, Nicholson & Ross U.S. Nuclear Regulatory Commission 1320 - 19th Street, N.W.
Washington, D.C.
20555 Washington, D.C.
20036 Joseph Rutberg, Esq.
George Spiegel, Esq.
Benjamin H. Vogler, Esq.
James Carl Pollock, Esq.
Antitrust Counsel 2600 Virginia Avanue, N.W.
U.S. Nuclear Regulatory Commission Washington, D.C.
20037 Washington, D.C.
20555 William T. Clabault, Esq.
Mr. Jerome D. Saltzman, Chief Antitrust Division Antitrust and Indemnity Group P.10. Box 7513 U.S. Nuclear Regulatory Commission Washington, D.C.
20044 Washington, D.C.
20555 Melvin G. Berger, Esq.
Joseph J. Saunders, Esq., Chief Janet R. Urban, Esq.
Public Counsel and Legislative Antitrust Div'ision Section Department of Justice Antitrust Division P.O. Box 14141 U.S. Department of Justice Washington, D.C.
20044 Washington, D.C.
20530 Grace Dow Memorial Library 1710 West St. Andrew Road Midland, Michigan 48640 I