ML19326D363
| ML19326D363 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 02/15/1978 |
| From: | Clark H Atomic Safety and Licensing Board Panel |
| To: | |
| Shared Package | |
| ML19326D360 | List: |
| References | |
| NUDOCS 8006090781 | |
| Download: ML19326D363 (5) | |
Text
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 4
In the Matter of
)
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CONSUMERS POWER COMPANY
)
Docket Nos. 50-329A i
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50-330A (Midland Plant, Units 1 and 2)
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NOTICE OF CONFERENCE WITH COUNSEL (February 15, 1978)
On December 30, 1977, the Atomic Safety and Licensing Appeal Board ~ filed its Decision on Review of Antitrust Decision of Licensing Board in this proceeding (Consumers Power Company
[ Midland Plant, Units 1 and 2), ALAB-452, 6 NRC __).
By its decision, the Appeal Board remanded the case "to the trial Board for formulation of those conditions" required to eliminate the concerns entailed in its antitrust finding (Slip opinion, p. 429).
It was further stated:
"We are well aware that conditions can change rapidly even in the public utility industry....
Be that as it may, our point is simply that this change cautions against drawing up iicensing conditions on a stale record.
Accordingly, we will refer that task to the Board below with instructions that it allow the parties to supplement the record with evidence concerning the proposed sale and any other significant changes that have occurred since the record was closed."
(Slip opinion, pp. 430-431)
In carrying out the remand of this case, the Board desires to confer with counsel for all parties to discuss the issues appropriate to be taken up at an evidentiary hearing, 8006090 7 f/
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and to consider scheduling and other procedural subjects necessary for an expeditious hearing and disposition of the remanded matters.
Accordingly, please take notice that a conference with counsel will be held at 9:30 a.m., local time, on March 2, 1978 in the Nuclear Regulatory Commission's Hearing Room, 5th Floor, East West Towers, located at 4350 East West Hit.hway, Bethesda, Maryland 20014.
FOR THE ATOMIC SAFETY AND LICENSING BOARD k,
Hugh 10. Clark, Chairman Dated at Bethesda, Maryland this 15th day of February 1978.
i m
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NOTICES 5603
'.[7590-01]
Por the Nuclear Regulatory Com. [7590-01]
l NUCLEAR REGULATORY "I88I "*
COMMI551CN Enson G. CASE,
- ^"
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ActingDirretor. O// fee of
[ Docket Nos. So-329-A and So-330-Al NuclearReactorRegulation.
LONG istAND uGHTING CO. ANO NEW YORK CONSUMER $ POWER CO. (MIOLAND PLANT, STATE ELECTalC & GAS CORP.
R**e3 ' *f Ae#*ra*y Gen *ref8 Advi48 and 71**
UNITS 1 AND 2)
P R en munen of seerd
[7590-01]
for Filing of Petitlens Te Ineervene en Anel.
ervet Meevers A vacancy has existed on this Board IDocket No. 50-2551 and it is necessary to appoint a third The Commission has received, pur.
PAUSADES NUCLEAR GENERATING PtANT suant to section 105c of the Atomic Energy Act of 1954, as amended, the his matter, ars Esq.
A'*33*billey of Final Addendem se the Final ol g a ditio vic from t therefore designated as the third Envirenaiental $#eeement member of this Board.
Accordingly, the Board as reconstl*
Pursuant to the National Environ. States, dated January 26,1978:
tuted consists of the Chairman:
mental Policy Ac't of 1969 and the ifou have requested antitrust advice pur.
United States Nuclear Regulatory suant to Section 105 of the Atomic Energy
Hugh K. Clark. Esq P.O. Box 127A, Kenne. Commission's regulations in 10 CFR Act, as amended, in regard to the above.
dyv111e, Md. 21645.
Part 51, notice is hereby given that a cited nuclear generating station.
and the following members Final Addendum to the Final Environ-Jamesport Nuclear Station Units 1 and 2 1
Dr. J. Venn Leeds.10807 Atwell. Houston, mental Statement (NUREG-0343) has were ortatnally wholly owned by Long Tex.77096.
been prepared by the Commission's Island Lighting Co. (LILcOL On January 7, Marshall E. Miller Esq., Atomic Safety and Office of Nuclear Reactor Regulation 1975, we rendered antitrust advice in which IJcensing Board Panel. U.S. Nuclear Reg-related to the p.coposed conversion of we concluded that no hearing would be nee.
ulatory Commission, Washington, D.C.
the Palisades Plant from a provisional essary with regard to LILCO's appilcatllon 20555.
operating license to a full. term operat. for a construction permit for thcae units.
Additionally, on December 27,1974, we Reconstitution of the Board in this ing license at an increased power level rendered antitrust advice concerning New manner is in accordance with Section The Palisades Plant is located in Van York State Electric de Gas Corp with re.
i 2.721 of the Commission's Rules of Buren County, Michigan and is oper.
1L8 Practice, as amended.
sted by the Consumers Power Compa-3]D,P/18 3t t ons and 2 At t a!
ny.
time we advised of our conclusion that the Dated at Be esda, Md., this 3rd day activttles un1er the beense applied for the pu$li St e
- [t3g$ #$*the a ruYstaYs.
in t nb o Fe ruary 1 mission's Public Document Room at d
orn
.o JAMrs R. Yont, 1717 H Street NW., Washington. D.C.
After examination of the current app!!ca-Charman, AfomicSafetyand and in the Kalamazoo Public Library, tion and review of the relevant data, we l
Licensing Board Panel 315 South Rose Street, Kalamazoo, have concluded that no intervening circum-stances have appeared to warrant a reversal (FR Doc. 78-3688 Filed 2-8-78; 8:45 aml Mich. The Final Addendum is also being made available at the Depart. of the advice etven with respect to the Som-erset Nuclear Station.
ment of Management and Budget, we express no opinion, however, concern.
1
[7590-01]
Lewis Cass, Building, Lansing, Mich. ing the legality under the antitrust laws of IDocket Nos. 50-275 and 50-3231 48913, and the southwestern Michigan the manner in which or any arrangements Regional Planning Commission, 2907 pursuant to which, the plants win be oper-PAOFIC GAS AND EtECTRIC CO. (DIA8tO Division Street, St. Joseph, Mich.
ated, should they differ from or extend CANYON NUCLEAR POWER STATION UNif$ 49085.
beyond those matters specifically disclosed 1 AND 2)
Th otice of availability of the In the company's application.
Draft Addendum to the FES for the Accordingly, from the information avall-Eequed fee Order Te Rogwire Peeific Gee end Palisades Nuclear Plant and request able to us at the present time we conclude Elodrk Te Ceese Ceneln Work for comments from interested persons that no antitrust hearing by the Nuclear Notice is hereby given that by letter was published in the FrDERAL HrGisTER Regulatory Commission wfIl be required I
dated January 3.1978. the Center for on November 29,1976 (41 FR 52333), with respect to th!s application.
law in the Public Interest, Los Ange-The comments received from Federal, Any person whose interest ma i
les, Calif., requested that work involv-State, and local organizations and in-affected by this proceeding may,y be pur-terested members of the public have suant to section 2.714 of the Commis.
ing modifications to the Diablo Canyon Nuclear Power Station Units 1 been included as an appendix to the sfon s Rules of Practice, 10 CFR 5
and 2 be halted pending seismic review Final Addendum to the FES.
Part 2, me a petition for leave to inter-of such modifications by the Staff and Copies of the Final Environmental vene and request a hearing on the notice to the Advisory Committee on Statement (Document No. NUREG-antitrust aspects of the application.
0343)
Reactor Safeguards. This request is may be purchased. at current Petitions for leave to intervene and re-being tre.tted in accordance with 10 rates, from the National Technical In, quests for hearing shall be filed by formation Service, S Va.
March 13,1978, either (1) by delivery CFR 2.206 of the Commission's regula-tions. Action will be taken on this re-22161. (Printed copy:pringfield.
86.50; Micro-to the NRC Docketing and Service quest within a reasonable time.
fiche: $3.)
Section at 1717 H Street NW., Wash.
A copy of the request is available for Dated at Bethesda, Md., this 1st day ington, D.C., or (2) by mall or telegram i
inspection in the Commission's Public of February 1978.
addressed to the Secretary, U.S. Nucle-Document Room.1717 H Street NW.,
For the Nuclear Regulatory Com. ar Regulatory Commission. Washing-Washingun, D.C. 20555, and at the ton, D.C. 20555. Attn: Docketing and heal pubile document room for the Service Section.
l[
mission.
Diablo Canyon Nuclear Power Station
. Groact KNICNroN, located at the San Luts Obispo County Chief. Environmental. Projects For the Nuclear Regulatory Com.
mission.
l Ytee Library, P.O. Box X, San Luis Branch 1 Dittision of Site Obispo, Calif. 93406.
Safety and Ent'ironmental Jrnour SALTzMAN.
b Analysis.
Chief, Antitrust andindemnity Dated at Bcthesda, Md., this 31st Group Nuclear Reactor Regulation, day of January,1978.
y
[FR Doc.78-3689 Filed 2-8-78; 8:45 mm)
[FR Doc. 78-3423 Filed 2-8-78; 8:45 am)
FEDERAL REGl5TER, VOL, 43, NO. 28--TNUR$ DAY, FEBRUARY 9,1978 i
UNITED STATES OF AiERICA NL' CLEAR RECL3.ATORY COD:ISS TON In the Matter of
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CONSUMERS POWER COMPANY
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Dochet No. (s')
50-329A
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50-330A (Midland Plant, Units 1 and 2)
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CERTIFICATE OF SERVICE 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 Co:nission 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.
i Dated at (Jashington, D.C. this i
day of 197 1
dLOYk B!ili)
/:
Of ficc/of /he Secretary of the Co:cifsion I
l e
UNI 1ED STATES OF AMERICA NUCIIAR REGULATORY COMMISSION In the Matter of
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CONSUMERS POWER COMPANY
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Docket No.(s) 329A
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50-330A (Midland Plant, Units 1 and 2)
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SERVICE LIST 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 Avenue, 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.O. 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 Division 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
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