ML19329F406

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Notice & Order Rescheduling Suspension Hearing to 761116-30 in Midland,Mi
ML19329F406
Person / Time
Site: Midland
Issue date: 11/15/1976
From: Head D
Atomic Safety and Licensing Board Panel
To:
Shared Package
ML19329F403 List:
References
NUDOCS 8006270454
Download: ML19329F406 (3)


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UNITED STATES OF A*.iERICA

UCLE ' R EEGULATORY CO:~ISS IGN BEFORE THE ATOMIC SAFETY AND LICENSING EOARD In the Matter of

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CONSL'.!ERS FOS.*ER CO"PANY

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Docket Nos. 50-329

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50-330 C.:idlnnd Plan t, Units 1 & 2)

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NOTICE AND ORDER RESCHEDULING HEARING On October 4, 1976, the Atomic Safety and Licensing Board (the Doard) set an evidentiary hearing on whether the cons : u : tio. perr.t + r.cr the above--idenri. icd nuclear facility should be continued, modified or suspended pending completion of reopened hearings which will consider the issues remanded to the U.S. Nuclear Regulatory Commission (the Commission) by the-U.S. Court of Appeals for the District of Columbia Circuit in Aeschliman v. NRC. Appeal Nos. 73-1776 and 73-1867, decided July 21, 1976.

The Intervenors herein with the exception of Dow Chemical Company have filed a motion to continue the suspension hearing until on or after November 29, 1976.

The basis for this request is that counsel for the Inter-venors is unable to handle the suspension hearing because of conflicting court commitments in the U.S. Circuit Court of Appeals for the Ninth Circuit.

The Applicant opposes

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this "otion and the NRC St-!< agrees-to the rmuest for continuance.

In view of the time limitations, the Board conducted 1/

- a conference call with the parties on November 11, 1976.-

1 At that conference call the Board heard extensive discussion from the parties regarding the reed for the continuance and proposals regarding timing for any continuance.

At the conference call, the Board ruled that there was good cause for the continuance and granted the motion.

The Board then set the suspension hearing for '

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The puc-pose of this Notice and Order is to set out that ruling and to reschedule the hearing.

ACCORDINGLY, PLEASE TAKE NOTICE AND IT IS HEREBY ORDERED that the suspension hearing set for November 16, 197G, is continued until 9:30 a.m. on Tuesday, November 30, 1976, at the Holiday Inn, 1500 West Wackerly Road, Midland, Michigan.

This hearing _shall run continuously until all evidence and oral argument on the suspension issues has been received or until continued by further order of the Board.

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The call involved all paities except the Intervonor Dow Chemical Company who has not to date actively participated in the reopened proceeding.

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..v.d:ers or - t:a juhlic cro -invitett to attend the sus-pension hearing and the Board will receive' limited appear-ances prior to the.taking of evidence at the hearing.

Linited appearances will be restricted to ten' (10) minutes each, unless the person requesting the limited appent unce can show good cause for taking more time.

IT IS SO ORDERED.

FOR THE ATOMIC ' SAFETY AND LICENSING EOARD

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s. c,n Daniel M. Hend, Chairman

' Issued.at Bethesda, Maryland this 15th day of November, 1976.

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