ML19329F666
| ML19329F666 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 11/08/1976 |
| From: | Bauser M CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL |
| To: | Fraley R Advisory Committee on Reactor Safeguards |
| Shared Package | |
| ML19329F665 | List: |
| References | |
| NUDOCS 8007100586 | |
| Download: ML19329F666 (3) | |
Text
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LAW OFFICES LOWENSTEIN NEWMAN REIS & AXELRAD 102 5 CONN tcticut AvtNu t. N. W.
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, November 8, 1976 u
Mr. R. F. Fraley Executive Director Advisory Committee on Reactor Safeguards Nuclear Regulatory Commission Washington, D. C.
20555,..
l JtE:. Consumers Power Company s
(Midland Pla
' its 1 & 2 Docket Nos. sn-728/33",
Supplemental ACRS Report 2
Dear.Mr. Fraley:
Your letter of October 29, 1976 to
"=4a' ti. Head indicates that the above referenced matter will be taken up at the 199th ACRS meetino (November 11-13, 1976), and, possibly, at the 200th ACRS meeting (December 9-11, 1976).
This statement is submitted in accordance with the provisions provided for public participation in the meeting notice published on October 26, 1976 (41 F.R.
45,913).
Consumers Power Company believes that the information set forth below may be helpful to the Committee in its deliberations.
This matter, now before the ACRS, arises out of a decision issued on July 21, 197G by the United States Court of Appeals for the District of Columbia Circuit entitled:
Aeschliman v. URC, Dkt. Nos. 73-1776 & 73-1367 (copy enclosed).
Page five of the ACRS rep. ort for the Midland facility (actually a letter dated June 18, 1970 and addressed to then Commission Chairman Seaborg) contains the following paragraph:
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,/ owancrzin, NEwMAN, Retz & AY THAD
. November 8, 1976
~~-
i Mr.
R. F. Fraley Page 2.
Other problems related to large water reactors have been identified by the Regulatory Staff and.the ACRS and cited in previous ACRS reports..
The Co=mittee believes that resolution of these items should apply equally,to the Midland Plant Units 1 & 2.
According to the Aeschliman court, because the report did not present a listing of the "[o] ther problems" and define the term " resolution," reversible error was committed.
(Slip Op., pp. 16-21. )
The court remanded "for clarification of the ambiguities noted,above."
(Id., p. 21.)
Also enclosed with this letter are copies of the following documents taken from the record in the Midland proceeding:
(a)
" Motion and Supplement to Saginaw Valley, et al., Intervenor's Statement of Exceptions to the Initial Decision Filed on January 15,.1973," dated March 28, 1973, together with the attachments thereto; (b)
" Answer of AEC Regulatory Staff to
' Saginaw Intervenors', Motion to Supplement the Record on Appeal.," da,ted April 10, 1973;
'(c)
" Opposition of. Applicant, Consumers Power Company, to Motion,and Supplement filed by the Saginaw Intervenors on March 28, 1973," dated April 9,,1973; and
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(d)
The Appeal Board's disposition of the motion referenced in, item (a), above, in ALAD-123, issued on May 23, 1973 (6 AEC 331, 349).
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LOFENETEIN. NEWM AN. Rezs & A> ' RAD
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, November 8, 1976 Mr. R. F. Fraley Page 3.
In particular, the attention of the ACES is drawn to the December 18, 1972 letter,from then ACRS Chairman Siess to then AEC Chairman Schlesinger which is an attachment to the motion referenced in item (a), above.
That letter itemized the " [ol ther problems" and defined their " resolution. "
Moreover -- as item (d), above, reveals -- the "[olther issues" and their " resolution" were not only described in the record, they were considered and satisfactorily resolved insofar as relevas.t to Hidland.
In concluding, Consumers Power Company wishes to inform the ACRS that the Aeschliman case is now pending bcfore the United States Supreme Court on the basis of a Petition for Urit of Certiorari.
A copy of that petition is also enclosed.
The instant matter is discussed in the petition at pages 20-23.,
Sincerely, l
ydcha,el A. Bauser Lowenstein, Newman, Reis'&
Axelrad 1025 Connecticut Avenue, N.W.
Washington, D. C.
20036
,(202),833-8371 JDouns,el for Consumers Power Company Dated:
November 8, 1976' HAND DELIVERED e
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