ML19329G121

Response Stating No Present Opposition to Sk Warren,Sd Reist,Gc Wilson & Ma Race Petitions to Intervene Re License Mod.Reserves Right for Future Objection & Urges Representation by Single Spokesman.Certificate of Svc Encl

ML19329G121
Person / Time
Site:	Midland
Issue date:	07/08/1980
From:	Farnell A, Mark Miller CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8007140020
Download: ML19329G121 (6)

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Before the Atomic Safety and Licensing Board 07,Q:$ ,; '

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In the Matter of )

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CONSUMERS PONER COMPANY ) Docket Nos. 50-329-OM

) 50-330-OM (Midland Plant, Units 1 and 2) )

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ANSWER OF CONSUMERS POWER COMPANY TO PETITIONS FOR LEAVE TO INTERVENE OF MESSRS. MICHAEL A. RACE AND WILSON, AND MS. REIST AND MS. WARREN Consumers Power Company (" Consumers Power") , pur-suant to the Rules of Practice of the Nuclear Regulatory Commission, hereby answers the petitions to intervene filed by Sharon K. Warren, Sandra D. Reist, George C. Wilson, Sr.,

and Michael A. Race. For the reasons explained below, while Consumers Power does not at this time oppose the petitioners'

' intervention, it reserves the right to oppose the partici-pation of any of the petitioners in subsequent proceedings in this docket, contingent on the adequacy of the contentions which they are required tc. submit pursuant to 10 C.F.R.

S2. 714 (b)' and this Board's notice of hearing and the factual accuracy of their allegations. Further, Consumers Power requests that the petitions and other petitions to intervene l

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filed in this proceeding be consolidated.

I. INTRODUCTION t The petition of George C. Wilson, Sr., states that he resides in Saginaw, Michigan within twenty-five miles of the Midland plant. He alleges that several interests will be adversely affected by an order of the Commission for modification of the construction permits for the Midland plants. ~ Particularly, he states that the soil settlement will cause radiation releases if there is an accident at Midland, that such radiation leaks will affect his health and safety interests and real and personal property inter-ests. Further, he declares that any changes in construction may lead to a rise in his electric rates.1 It should be noted that George C. Wilson, Sr.'s petition is identical to those of Carol Gilbert and William A. Thibodeau, to which Consumers Power responded on July 1, 1980.

Petitioners Warren and Reist similarly allege a residence in close proximity to the plant site. Petitioner Michael A. Race does not state that he resides in close

. proximity to the plant site, although based on his repre-sentation that he resides.in Bay City, Michigan, consumers Power presumes that h does reside in close proximity to the plant site.

1. Obviously, intervention should not be granted based on the petitioners allegations regarding the effect which these proceedings'may have on rates charged by Consumers Power.

Portland General Electric Co. (Pebble Springs Nuclear Plant, Units 1 and 2) CLI-76-27, 4 NRC 610, 614 (1976).

V Petitioners Warren, Reist and Michael A. Race, in identical petitions, allege that their interests may be adversely affected by resolution of the soil settlement issue relating to the safety and value of their property, the health and safety of their families and increases in electric rates occasioned by the construction costs of the plant.2 It should be noted that the petition of Sharon Warren, Sandra D. Reist and Michael A. Race are identical to thoseoof Patrick A. Race and Terry Miller, to which Consumers Power responded on July 1, 1980.

II. PETITIONERS' INTERESTS Based on the decision of the Atomic Safety and Licensing Board, Consumers Power Company (Palisades Nuclear Plant), LBP-79-20, 10 NRC 108 (1979), and in light of their  ;

asserted residences near the plant, it is apparent that these' petitioners have adequately alleged facts sufficient to establish the requisite interest for intervention under 10 C.F.R. S2.714.

However, Consumers Power reserves the right to oppose the participation of any of these petitioners in the subsequent proceeding in this docket, dependent upon the substance and specificity of the supplemental contentions 1

2. See Footnote 1.

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y they are required to file pursuant to 10 C.F.R. S2. 714 (b) .

Consumers Power further reserves the right to challenge the accuracy of facts underlying petitioners allegations re-garding standing. Finally, Consumers Power suggests that since the substance of all these petitions is similar and the wording of three of the petitions identical, and that all these petitions are, as pointed out earlier, identical to other petitions in this proceeding, the. Nuclear Regulatory Commission should consolidate them pursuan t to 10 C.F.R.

S2. 714 (d) , limiting the intervention of these common in-terests to representation by a single spokesperson.

Respectfully submitted, U// / ) g;s i,-

f Qalas,( L 2?ivic Michael I. Miller b 4 hW Alan S. Farnell Counsel for Consumers Power Company ISHAM, LINCOLN & BEALE One First National-Plaza Suite 4200 Chicago, Illinois 60603 (312) 558-7500

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-1, UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board

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In the Matter of )

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CONSUMERS POWER COMPANY ) Docket Nos. 50-329-OM

) 50-330-OM (Midland Plant, Units 1 and 2) )

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CERTIFICATE OF SERVICE I, Alan S. Farnell, hereby certify that a copy of Consumers Power Company's Answer to Petitions for Leave to Intervene was served upon all persons shown in the attached service list by deposit in the United States mail, first class, this 8th day of July, 1980.

b.

Alan S. Farnell

. SERVICE LIST Frank J.'Kelley, Esq. Grant Merritt, Esq.

Attorney General of the Thompson, Nielsen, Klaverkamp & James State of Michigan 4444 IDS Center Stewart H. Freeman, Esq. 80 South Eighth Street Assistant Attorney General Minneapolis, Minnesota 55402 Gregory T. Taylor, Esq.

Assistant Attorney General Atomic Safety & Licensing Appeal Panel Environmental Protection Div. U.S. Nuclear Regulatory Commission 720 Law Building Washington, D.C. 20555 Lansing, Michigan 48913 Mr. C. R. Stephens Myron M. Cherry, Esq. Chief, Docketing & Service Section One IBM Plaza Office of the Secretary Suite 4501 .

U.S. Nuclear Regulatory Commission Chicago, Illinois 60611 Washington, D.C. 20555 Mr. Wendell H. Marshall Ms. Mary Sinclair RFD 10 5711 Summerset Street Midland, Michigan 48640 Midland, Michigan 48640 Ivan W. Smith, Esq. William D. Paton, Esq.

Atomic Safety & Licensing Bd. Counsel for the NRC Staff U.S. Nuclear Regulatory Com. U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Mr. Gustave A. Linnenberger Atomic Safety & Licensing Board Panel Atomic Safety & Licensing Bd. U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Com. Washington, D.C. 20555 Washington, D.C. 20555 Barbara Stamiris Dr. Frederick P. Cowan 5795 North River Road 6152 N. Verde Trail Route 3 Apt. B-125 Freeland, Michigan 48623 Boca Raton, Florida 33433 William A. Thibodeau Jarroll E. Mahaney 3245 Weicel Road Babcock & Wilcox Route 5 '

P. O. Box 1260 Saginaw, Michigan 4F603 Lynchburg, Virginia 24505 Sister Carol Gilbert Patrick A. Race St. Joseph Convent 1004 N. Sheridan 903 N. Seventh Street Bay City, Michigan 48706 Saginaw, Michigan 48601 George C. Wilson, Sr. Terry R. Miller 4618 Clunie 3329 Glendora Drive Saginaw, Michigan 48603 Bay City, Michigan 48706 Sandra D.'Reist Sharon K. Warren 1301 4th St. 636 Hillcrest Bay City, Michigan 40706 Midland, Michigan 48640 Michael A. Race 2015 Seventh Street Bay City, Michigan 48706