ML19329F641
| ML19329F641 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 01/06/1972 |
| From: | Murphy A Atomic Safety and Licensing Board Panel |
| To: | KANSAS, STATE OF, MAPLETON INTERVENORS, Saginaw Intervenor |
| References | |
| NUDOCS 8007070433 | |
| Download: ML19329F641 (5) | |
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PROD. & UTJL, MU. D0 927,330 a
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J A'IDMIC ENERGY COMMISSION 7, g 7 3 g
(n In the Matter of
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CONSUMERS POWER COMPANY
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Docket Nos. 50-329
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50-330 (Midland Plant, Units 1 and 2)
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ORDER 1.
The motion of Saginaw intervenors to reconsider the December 31, 1971 date for filing contentions, etc.,'with respect to the Applicant's Environmental Report is granted and Saginaw intervenors are directed to file such contentions, etc.,
no later.than February 4, 1972, the due date of their conten-
'tions with respect to the Staff's Draft Statement (which date is not hereby extended).
The Board deems it appropriate to express' its unhappiness with the implications of the request and the stated response.
We recognize that Counsel for inter-venors are spread thinly over a number of cases; we have attempted consistently to schedule hearings and meetings of the Board as to time and place with that consideration in mind.
(Since opposing intervenors' Counsel are located in Saginaw, j
Michigan; Chicago, Illinois;hashington, D. C. and Suffolk County, N. Y.
it is hard to accommodate everyone at once).
At times we have done so to the inconvenience of the Board 8007070 h M C
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and of other Counsel.
There are limits to the concessions which can properly be made.
Unlike law suits the consequences of delay and postponement of this type of proceeding are potentially very serious.
We will continue to try to accommodate hearing dates within reason but we cannot in good conscience regard participation in.other proceedings to be a justification for not meeting deadlines.
If Counsel are to continue to participate in more than one case at a time they simply must be prepared to make arrangements for handling the case load.
2.
The motion of the, State of Kansas for an extension of.
t ime to January 10, 1972 is granted.
3.
The motions of Saginaw intervenors dated December 7,
)
1971 are denied.
Motions 1 and 4 would require a radical re-shaping of the system of review provided by the Atomic Energy Act.
It may be that as has been suggested some participation by intervenors in the staff review process would be appropriate but this is not the time or the forum to re-write the rules.
The Board would be disposed to deny 2 and 3 for the reasons suggested in the staff answer.
In any event, since the motions j
pertain to Emergency Core Cooling Systems they are moot under
.the Board's order of December 22, 1971.
Motion number 5 is denied on the understanding that the staff will furnish a list of documents in accordance with the undertaking in their answers to the motions.
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3-The request by the Mapleton interve'nors to have 4'.
Board " disclose their technical the technical members of the The qualifications to judge environmental issues" is denied.
request is without basis in law.
The clear implications of the boards be composed of the request would require that
" renaissance men" qualified in all branches of human knowledge, 4
or that several hearing boards. to hear questions in various s
disciplines would have to be convened.
Whatever the require-that agencies ments of the National Environmental Policy Act pursue an interdisciplinary approach may mean it cannot be construed to require the creation of separate boards to hear these questions.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
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Arthur W. Murphy, C
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Dated:
January 6, 1972 1
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UNITED STATES OF AMERICA f_.4 - 72 NIOMIC ENERGY CO!NISSION In the Matter of
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CONSUMERS POWER CQ4PANY Docket No.
30 (Midland Plant, Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the ORDER __ dated January 6, 1972 in the captioned matter have been served on the following by deposit in the United States mail, first class or air mail, this 6th day of January 1972:
Arthur W. Murphy, Esq., Chairman Richard G. Smith, Esq.
i Atomic Safety and Licensing Board Smith & Brooker, P. C.
j Columbia University School of Law 703 Washington Avenue 435 West 116th Street, Box 38 Bay City, Michigan h8706 New York, New York 10027 Harold P. Graves, Esq.
Dr. Clark Goodman Vice President and General Professor of Physics Counsel University of Houston Jchn K. Restrick, Esq.
3801 Cullen Boulevard Consumers Power Company' Houston, Texas 7700h 212 West Michigan Avenue p
Jackson, Michigan 49201 I
Dr. David B. Hall Los Alamos Scientific Laboratory Mr. R. C. Youngdahl P. O. Box 1663 Senior Vice President Ios Alamos, New Mexico 87544 Consumers Power Company 212 Weat Michigan Avenue Dr. Stuart G. Forbes Jackson, Michigan h9201 100 Tennessee Avenue, Apt. 37 Redlands, California 92373 Honorable Frank Olds, Chaiman Midland County Board of Supervisors Thomas F. Engelhardt, Esq.
623 St. Charles Street David E. Kartalia, Esq.
Midland, Michigan 48640 Robert Newton, Esq.
Regulatory Staff Counsel Honorable Jerome Maslovski U. S. Atomic Energy Commission Assistant Attorney General Washington, D. C. 20545 State of Michigan Seven Story Office Building Robert Lovenstein, Esq.
525 West ottava Jerome E. Sharfman, Esq.
Lansing, Michigan h8913 IcVenstein, Newman & Reis 1100 Connecticut Avenue Washington, D. C. 20036, N. W.
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50-329, 330 page 2 Honorable Curtis G. Beck Milton R. Wessel, Esq.
Assistant Attorney General J. Richard Sinclair, Esq.
State of Michigan Allen Kezabom, Esq.
Seven Story Office Building Kaye, Scholer, Fierman, Hays 525 West ottava and Handler Lansing, Michigan 48913 425 Park Avenue New York, New York 10022 Myron M. Cherry, Esq.
Suite 1003 William A. Groening, Jr., Esq.
109 North Dearborn Street James N. O'Connor, Esq.
Chicago, Illinois 60602 The Dov Chemical Ccx::pany 2030 Dov Center Anthony Z. Roisman, Esq.
Midland, Michigan 48640 Eerlin, Roisman and Kessler 1712 N Street, N. W., 4th Floor William J. Ginster, Esq.
Washington, D. C. 20036 Merrill Building, Suite h Saginaw, Michigan 48602 James A. Kendall, Esq.
Currie and Kendall Mr. Wendell H. Marshall 135 North Saginav Road RFD No. 10, Mapleton Midland, Michigan 466h0 Midland, Michigan h8640 Dr. Wayne E. North, Chairman Irving Like, Esq.
Midland Nuclear Power Committee Reilly, Like and Schneider P. O. Box 335 200 West Main street Midland, Michigan 486h0 Eabylon, New York 11702 Honorable William H. Ward Assistant A!,torney General i
State of Kansas Topeka, Kansas 66612 r
t /. S Office of the Secretary of the.t6c: mission ec: Mr. Murphy Mr. Engelhardt Mr. Goodrich
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