ML19329G344
| ML19329G344 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 05/25/1971 |
| From: | Engelhardt T US ATOMIC ENERGY COMMISSION (AEC) |
| To: | Goodman C, Hall D, Murphy A Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8007140647 | |
| Download: ML19329G344 (3) | |
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MAY 2 51371 Arthur W. Murphy Esq., Chairman Dr. Clark Goodman Atomic Safety and Licensing Board Professor of Physics Columbia University Scheel of Law University of Mouston Ben 38 3801 Cullen Bouisverd 435 West 116th 8treet Meuston, Texas 77004 New York, New York 10027 Dr. David B. Ball Les Alamos se entific Laboratory THIS DOCUMENT CONTAINS Los Alamos, New Mexico 87544 POOR QUAUTY PAGES In the Matter of Consumers Power Company Midland Plant Units 1 and 2 Docket Nos. 50-329 and 50-330 Gentlemen This letter is in response to certain matters raised in the May 11 and May 13, 1971, letters to the Atomic Safety and Licensing Board Chairman fra connant for intervenors Saginaw Valley Nuclear Study Group e_t,al.
t The letters of May 11 sad May 13 both contain " motions" from the intervenors for copies of results of certain testa relating to emergency core cooling systems. Under cover of a letter of May 21, 1971, to the Chairman, with copies to all parties,in have trans-mitted five reports dealing with these tests which were prepared by the Idaho Nuclear Corporation. We are unaware of any reports on this matter which relate specifically to the Midland Plant. The reports transmitted to the Chairman and the intervenors on May 21 would appear to satisfy the request for information contained in these motions, thus obviating the necessity of any further action by the Board on these motions.
In the interveners' May 13 letter a motion is made for a Board order that no further sommunications between the AEC, the Advisory Con-mittee en Reactor Safeguards (ACES) and "anyone connected with the OFFICE >
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a MAY 6 F1 Mid1'wl Plant" be permitted without full and complete disclosure to all parties. There is no basis in the Commission's regulations for any such limitations on these contacts. De only regulation limiting contacts of parties in pending proceedings is found in 10 CFR 52.780, "Ex perte cosamunications." his regulation makes clear that it does not apply to the type of contacts contemplated by this motion.
Furthermore, the intervenors have previded no justification for such an extreme request. One of the means by which the AEC regulatory staff fulfills its continuing responsibilities to protect the health and cafety of the public is to conduct discussions with applicants and vendors of nuclear systems and components with respect to the design, construction and operction of nuclear plants. To permit men-bars of the public to participate in such meetings would seriously jeopardise the effectiveness of such contacts.
In our view this motion is patently unreas6aable and should be denied.
It is clear from the context of the May 13 letter in which this motion is contained that the motion is directed to the matter of the emergency core cooling system. he intervenors will have an adequate opportunity during the course of this proceeding to examine the staff's and appli-cant's witnesses regarding the adequacy of this system.
If, as a result of the staff's reevaluation of emergency core cooling systems, supple-mental testimony is offered in this proceeding, the intervenors will then have an opportunity to examine appropriate witnesses. De denial of this motion will in no way prejudice the intervenors' right to a full and complete hearing on the matters of alleged concern to them.
Also contained in the inter,enors' May 13 letter is a motion that a
" complete transcript" of tay commsunications thus far between the "AEC and the ACES and the applicant or B Si W or Rechtel concerning or involving the Midisod Units, whether involving the ECCS system or not," be produced.
While we are not clear:what is intended by a " complete transcript" we assume that the motion is directed to documents in the files of the ABC. Letters between the AEC and the applicant in connection with the Midland Plant are a matter of public record and are on file in the Commission's Public Document Room. Letters between the AEC and others regarding the Midlaul Plant are either in the Midland Plant public docket file or arc a matter of public record and available, if identifiable, upon request. D e intervenors have had access to all of these documents for many manths.
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3 With respect to othar documents covered by this motion, they are subject to the provisions of 10 CFR 52.744. Such being the case, the motion is obviously deficient since it fails to comply with the requirements set forth in 10 CFR 82.744 in that it does not set forth the need of the intervenors for such documents and the relevancy thereof to the issues in this proceeding. More importantly, hovsver, the motion is essentially duplicative of an earlier motion for the production of ABC records.
In our letter of April 29, 1971, to the Board we have responded to that motion.
For the reasons stated above, we are opposed to the granting of thess motions.
Sincerely, Thomas F. 2ngelhardt Trial Cormael s
cce Anthony Z. Roisman, E,sq.
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Robert Lowenstein, Esq.
1 Richard G. Smith, Esq.
Marold P. Graves, Esq.
William J. Ginster, Esq.
Myron M. Cherry, Esq.
Milton R. Wessel, Esq.
James A. Kendall, Esq.
James N. O'Connor, Esq.
Algie A. Wells, Esq.
Mr. Stanley T. Robinson, Jr.
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