ML19329F680
| ML19329F680 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 05/18/1971 |
| From: | Murphy A Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| NUDOCS 8007100600 | |
| Download: ML19329F680 (10) | |
Text
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DCCKET NUMBER E00. & UIll, EAC. IIC-M9490 UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION G
BEFORE THE ATOMIC SAFEl"I AND LICEIEING BOARD Q
DOCKETEDf USAEC Y
In the Matter of
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MAY 2 01971 * *-
CONSUMERS POWER COMPANY Docket Nos. 50-329 amet er amow 50-330 9,
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la ORDER The Board, having considered the arguments by attorneys repre-senting the various parties in this proceeding, issues this order to establish dates and procedures for the remaining pre-hearing steps and for the commencement of the hearing.
The Board believes that all parties have had reasonable oppor-tunity to obtain evidence and prepare for the hearing. The Board plans to commence the hearing on June 21, 1971, and expects to continue the hes. ring without interruption, except for weekend recesses and legal holidaya until the hearing has been concluded, l
1.
Since the meeting of counsel on May 1 the Board has directed the AEC to answer certain interrogatories addressed to it by l
l the Saginaw intervenors. After receiving the intervenors' brief in support of the interrogatories to the AEC and ACRS, we will issue a separate order finally ruling upon the objections to other interroga-tories and specifying the time for the AEC to answer any interroga-tories we al ow.
2.
At the conference on May 1, there was discussion concern-ing intervenors' contentions with regard to the alleged invalidity of A separate order will also be issued with respect to the staff's claim of privilege.
8007100. @ O
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. Appendix D,10 CFR Part 50 and 10 CFR Part 20. The Board offered inter-venors opportunity to make an offer of proof with regard to factual in-formation on which intervenors base their contentions that Appendix D and Part 20 are invalid and that an evidentiary hearing should be held on these issues.
Any offer of proof by any intervenor with regard to the alleged invalidity of Appendix D,10 CFR Part 50 or 10 CFR Part 20 shall be filed on or before June 7,1971.
3.
The Board understands from saginaw intervenors' letter of May 5,1971 that they do no*. intend to pursue their objections to the adequacy of the answers of applicant to their interro6atories.
4.
At the conference on May 1, the Saginaw intervenors claimed that material in some of the documents of applicant which had been made available to them showed that the so-called " synergistic interrogatories" should be answered. The Chaiman suggested that the i
ScG naw intervenors submit that claim in writins. In their letter of May 5,1971 Saginaw intervenors asked permission to delay filing that writing until after the Board's written rulings on interrogatories.
That ruling has now been made and the Board directs that the written argument be filed by June 1, 1971.
5.
In its order dated March 3,1971, the Board ordered that opposing intervenors file all of their direct evidence in support of their contentions in writing, including written sworn tes'timony and copies of documentary evidence, if any, in advance of the hearing. In view of the delay which has been occasioned by the dispute with respect
3 to the interro6atories addressed to the AEC staff, the Board will not require intervenors to file their direct evidence on the issue of the safety of these reactors. However, the Board believes that the principle of advance submission by all parties is sound and consistent with the requirements of fairness and the Administrative Procedure Act and that there is no similar justification for intervenors not filing their direct evidence, if any, on the following issues, in advance of the hearing and they are hereby directed to do so by June 7, 1971:
(a) Whether the applicant is technically qualified to de-sign and construct the proposed facility.
(b) Whether the applicant is financially qualified to de-sign and construct the proposed facility.
(c) Whether the issuance of a construction permit will be inimical to the common defense or security.
The written evidence furnished by intervcnors shall include identifica-tion of the individurl or individuals who will constitute intervenors' witness or witnesses with regard to each subject matter covered by the evidence.
6.
Yne applicant and supporting intervenors shall file their written evidence and supporting documents in opposition to the intervenors' contentions, and in response to any inquiries by the Board, includin6 names of witnesses, on or before June 17, 1971.
7.
The hearing will commence at 10:00 a.m. on June 21, 1971 in the Auditorium of the Grace Dow Manorial Library,1710 West St.
Andrews Road, Midland, Michigan. The Board expects to continue the
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7 4-hearing without adjournment, except to recess for weekends and legal holidays, until the hearing is concluded.
at 9:30 a.m.
8.
A further pre-hearin6 conference shall be held /at the Association of the Bar of the City of New York, IG West IAth Street, in New York City on June 7, 1971. The Board expects this to be the last pre-hearing conference before the comencement of the hearing.
Its principal purpose will be to expedite the hearin6 through the identification of particular matters at issue and the schedulin6 of those matters to be taken up during the course of the hearing. Al-though it may not be practicable to assign specific dates to each of the matters, the Board plans, prior to the comencement of the hear-ing, to decide upon the sequence in which particular matters will be heard.
The Board would appreciate receiving written suggestions from the parties as to matters which should be considered at this conference. These should be filed by June 1, 1971.
9.
Board will not at this time make further rulings on environmental matters. How those matters are to be handled must avait receipt of the final detailed environ = ental statement.
Ibr the Atomic Safety and Licensing Board Arthur W. Murphy, Chair"5 ;V 3
Dated: May [, 1971
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7 UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of
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-m CONSUMER POWER CQ4PANY
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Docket No. 50-329,) 330 (Midland Plant, Units 1
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and 2)
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CEICIFICATE OF SERVICE I hereby certify that copies of an ORDER (to establish. dates and y
procedures for the remaining pre-hearing steps and for the S
commencement of the hearing) issued by the Board dated May 18, 1971 in the captioned matter have been served on the following by daposit in the United States Mail, first class or air mail, this 20th day of May 1971:
Arthur W. Murphy, Esq., Chairman Richard G. Smith, Esq.
Atmic Safety and Licensing Board Smith & Brooker, P. C.
Columbia University School of I4v 703 Washington Avenue Box 38 Bay City, Michigan 48706 435 West ll6th Street New York, New York 10027 John K. Restrick, Esq.
Harold P. Graves, Esq.
Dr. Clark Goodman Vice President end General Professor of Physics Counsel University of Houston Consumers Iower Cmpar.y 3801 Cullen Boulevard 212 West Michigan Avenue Hodston, Texas 77004 Jackson, Michigan 49?01 Dr. David B. Hall Mr. R. C. Youngdahl Los Alamos Scientific laboratory Senior Vice President P. O. Box 1663 Consumers Power Company Los Alamos, New Mexico 87544 212 West Michigan Avenue Jackson, Michigan 49201 Dr. Stuart G. Forbes 100 Tennessee Avenue, Apt. 37 Honorable Frank Olds, Chh.ir=sn Redlands, California 92373 Midland County Board of Supervisors Thmes F. Engelhardt, Esq.
623 st. Cb rles Street David E. Kartalia, Esq.
Midland, Michigan 48640 Regulatory Staff Counsel U. S. At mic Energy Cmmission Honorable Jerme Maslowski, Esq.
Washington, D. C.
20545 Assistant Attorney General State of Michigan Robert Iowenstein, Esq.'
630 Seven Story Office Building Iowenstein and Newman 525 West Ottava 1100 Connecticut Avenue, N. W.
Iansing, Michigan 48913 Washington, D. C.
20036
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Page 2 50-329, 330 William A. Groening, Jr., Esq.
Honorable Curtis B. Beck James N. O'Connor, Esq.
Assistant Attorney General The Dow Chemical Canpany State of Michigan 2030 Dow Center 630 Seven story Office Building Midland, Michigan h8640 525 West Ottava Lansing, Michigan 48913 Gladys Kessler, Esq.
Berlin, Roisman & Kessler Honorable Patrick E. Kowaleski 1910 N Street, N. W.
Assistant Attorney General, state Washington, D. C.
20036 i
of Michigan 630 Seven Story Office Building Edward Berlin, Esq.
525 West Ottava Berlin, Roisman & Kessler Innsing, Michigan 48913 1910 N Street, N. W.
Washington, D. C.
20036 Jerome E. Sharfman, Esq.
/
Lowenstein and Newman William J. Ginster, Esq.
1100 Connecticut Avenue, N. W.
Suite 4, Merrill' Building Washington, D. C.
20036 h8602 Saginaw, Michigan Myron M. Cherry,_Esq.
Mr. Harold Krefft:
McDemott, Will & Bnery Federal Power Cannission 111 West Monroe 8treet Chicago Regional Office Chicago, Illinois 60603 Chicago, Illinois Anthony Z. Roissan, Esq.
Mr. Donald E. VanFarowe Berlin, Roisman & Kessler Air Pollution Control Canaission 1910 N Street, N. W.
state of Michigan Department Washington, D. C.
20036 of Public Health 3500 N. Logan Street James A. Kendall, Esq.
Lansing, Michigan h8910 Currie and Kendall 135 North Saginaw Road Mr. Franklin E. Braman Midland, Michigan 49640 Board of Directors of Downtown Bay City, Inc.
Dr. Wayne E. North, Chairman Bay City, Michigan 48706 Midland Nuclear Power Cannittee P. O. Box 335 Midland, Michigan 48640 Honorable Julius Blasy Mayor, City of Midland f
Midland, Michigan 48640 Milton R. Wessel, Esq.
Allen Kezaban, Esq.
Honorable Fred L. Yockey Kaye, Scholer, Fieman, Hays and City Manager Handler Midland, Michigan 48640 425 Park Avenue New York, New York 1022 Mr. Cliffoni Mapes, Vice Chairman i
Midland County Roads Canmission Dr. Edward L. Kern, President Midland, Michigan 48640 High Performance Technology, Inc.
Midland, Michigan 486h0
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50-329,330 Page 3 Mr. Ned Arbury, President Mr. Arthur E.
Maas Arbury and Sons Insurance Superintendent, WastsWater Midland, Michigan 48640 Department Midland, Michigan 48640 Mr. Milton Getzendaner President Miss Lyn DeVries Midland Nature Club Midland Business and Midland, Michigan 48640 Professional Womens Club Midland, Michigan 48640 Mr.
H.
C.
Allison Vice President Mr. Robert Parker, Executive Alden B.
Dow Associates, Inc.
Vice President Midland, Michigan 48640 Midland Area Chamber of Commerce Mr. Fred Minzer Midland, Michigan 48640 Minzer Realty 411 S.
Saginaw Boulevard Mr. William H.
Meier Midland, Michigan 48640 President, Meier Studio and Camera Shop Mr.
J.
R.
Buckley Midland, Michigan 48640 Vice President, Mutual Savings and Loan Association Mr. Robert Kingsley, Director Midland, Michigan 48640 of Elementary Education Midland Public Schools Mr. Roy Lanham, President Midland, Michigan 48640 Brown Lumber, Inc.
Midland, Michigan 48640 Mrs. George B.
Ulmer 3910 Applewood Mr. John A.
Miller Midland, Michigan 48640 Midland Michigan 48640 Mr. Robert Copeland Chairman, Midland Section Mr. Alan Ott, Vice American Institute of President & Director Chemical Engineers Chemical Bank & Trust Company Midland, Michigan 48640 Midland, Michigan 48640 Mr. Lewis Warren, Executive Rev. Theodore M. Greenhoe Vice President, Greater Memorial Presbyterian Church Saginaw Chamber of Commerce Midland, Michigan 48640 Saginaw, Michigan 48605 Mr. Robert Ferries, President Mr. Robert R.
Denison Ferries and Maxwell Insurance Airport Manager Agency, Inc.
Tri-City Airport Commission Midland, Michigan 48640 Midland, Michigan 48640 Mr. James G.
Bandeen Mr. William Foster President, Bandeen Chevrolet Midland Midland, Michigan 48640 Michigan 48640
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r 50-329, 330 Page 4 Mr. Bruce R.
Benway Mrs. Judith Boli Vice President Public Affairs Committee First National Bank Saginaw YWCA j
Midland, Michigan 48640 1121 Weiss Saginaw, Michigan 48602 Mr. Larry Reed, Executive Vice President Mr. Wendell H.
Marshall Bay Area Chamber of Commerce RFD 10, Mapleton Bay City, Michigan 48706 Midland, Michigan 48640 Mr. George Elleson Sidney N.
- Smock, M.
D.
Bay County Indu. trial 1255 Chippewa River Road a
Development Corporation Midland, Michigan 48640 Bay City, Michigan 48706 Mr. Fero 11 Pyle, Secretary Mrs. Georgena Goff The National Committee to 3710 Washington Street Stop Environmental Pollution Midland, Michigan 48640 214 Third Street, N.
E.
Washington, D.
C.
20002 Mr. James L.
Collison Executive Director Mr. John A.
Rapanos East Central Michigan Economic Executive Plaza Development District Midland, Michigan 48640 University Center, Michigan 48710 Mr. Steve J.
Gadler Mr. Frederick L.
Brown 2120 Carter Avenue President, Michigan United St. Paul, Minnesota 55108 Conservation Clubs Midland, Michigan 48640 Mr. Edward Miller 8055 Hospital Road Mr. Robert B.
Chatterton Freeland, Michigan 48623 Midland Township Supervisor 928 Clarence Court - Route 7 Mr. Ralph W.
Purdy Midland, Michigan 48640 Executive Secretary Department of Natural Mr. Adam F.
Emmendorfer Resources President, Home Builders State of Michigan Association of Midland Stevens T.
Mason Building P.
O.
Box 1763 Lansing, Michigan 48926 Midland, Michigan 48640 Mr. W. G.
Turney Mr. William T.
Demers Assistant Chief Engineer President, Midland Lumber Michigan Water Resources Dealers Association Commission 802 Ashman Street Stevens T.
Mason Building Midland, Michigan 48640 Lansing, Michigan 48926 m.
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e-O Page 5 50-329, 330 Mr. Willis F.
Ward, Chairman Mr. Barry Brovn, Director Michigan Department of Labor Public Service Commission 300 East Michigan Avenue State of Michigan Department Lansing, Michigan 48926 of Commerce Seven Story State Office Mr. William J.
Pierce Building National Conference of Lansing, Michigan 48913 Commissioners on Uniform Laws Mr. Judson T.
Byers University of Michigan Law 705 Maple School Midland, Michigan 48640 Ann Arbor, Michigan 48103 Mrs. Mary Sinclair, President Citizens' Committee for McDermott, Will & Emery Environmental Protection 111 West Monroe Street of Michigan Chicago, Illinois 60603 5711 Summerset Drive Midland, Michigan 48640 Mr. William Reilly Council on Environmental Honorable William G. Milliken Quality Governor of Michigan 722 Jackson Place, N.
W.
Lansing, Michigan 48914 Washington, D.
C.
20006 R.
Gerald Rice, M.
D..
Mr. Robert G.
Asperger Director of Public Health of Public 1506 Clay Street Michigan Department Midland, Michigan 48640 Health 3500 North Logan' Street Mrs. Rachel Hazel Lansing, Michigan 48914 602 Townsend Street Midland, Michigan 48640 Mr. Herbert C.
DeJonge Director, Michigan Tepartment Mr. and Mrs.
M.
L.
Rippee of Commerce Route 4 Lansing, Michigan 48901 Midland, Michigan 48640 Mr. Ralph A. MacMullan Director, Department of Mr. and Mrs.
J.
V.
Clark Route 5 Natural Resources Midland, Michigan 48640 of Michigan Department Mr. and Mrs.
F.
E.
St. John Conservation Lansing, Michigan 48933 Route 1 Breckenridge, Michigan 48615 Commissioner Federal Water Quality Mr. and Mrs. V.
E.
Rippee Administration 671 Woodcock Road, Route 7 Washington, D.
C.
20242 Midland, Michigan 48640 ATTN: Basin Planning Branch e..n..
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.e 50-329, 330 Page 6 Mr. Dennis Ohlrogge Mr.
J.
C. Young 3200 Nolske Street Antrim County Board of Midland, Michigan 48640 Commissioners Kewadin, Michigan 49648 Mr. and Mrs. Fritz Ecarius 113 W.
Flines Grace Dow Memorial Library Midland, Michigan 48640 1710 West St. Andrew Road Midland, Michigan 48640 Honorable James Harvey Attn: Mr. Karl Berg, Director House of Representatives i.ayburn Building, Room 2352 Washington, D. C. 20515 Office of the Secretary of the Commission ec:
Mr. Murphy l
Mr. Engelhardt l
Mr. Yore l
N.
Brown mith l
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