ML19330A139
| ML19330A139 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 11/29/1971 |
| From: | Mccool W US ATOMIC ENERGY COMMISSION (AEC) |
| To: | |
| References | |
| NUDOCS 8007150909 | |
| Download: ML19330A139 (13) | |
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UNITED STATES OF AMERICA ATOMIC ENERGY CO M ISSION In the Matter of
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CONSUMERS POWER COMPANY Docket flos. 50-329
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50-330 (Midland Plant, Units 1 and 2)
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THIS DOCUMENT CONTAINS SUPPLEMENTARY NOTICE OF HEARING Off POOR QUAUTY PAGES APPLICATION FOR CONSTRUCTION PERMITS On October 29, 1970, a Notice of Hearing on Application for Con-struction Permits was published by the Atomic Energy Commission (the Comission) in the FEDERAL REGISTER (35 F.R.16749) in the captioned proceeding. That Notice designated an Atomic Safety and Licensing Board (Board) to conduct the hearing, specified the issues to be deter-mined by the Board, provided an opportunity to intervene with respect to the issues specified in such Notice to persons whose interests may be affected by the proceeding and provided an opportunity to make limited appearances to other persons who wished to make a statement in the pro-ceeding but who did not wish to intervene.
t On September 9,1971, the Comission published a revision of its regulations in 10 CFR Part 50, Appendix D, " Implementation of the National Environmental Policy Act of 1969," (36 F.R.18071) to set forth an interim statement of Commission policy and procedure for implementation of the National Environmental Policy Act of 1969 (NEPA).1/ The revised
~1/ The Comission adopted certain minor amendments to revised Appendix 0 which were published in the FEDERAL REGISTER on September 30, 1971 (36 F.R.19158). The Comission adopted certain additional amendments to revised Appendix D with respect to proceedings subject to Section D thereof which were published in the FEDERAL REGISTER on November 11, 1971 (36 F. R. 21579).
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, regulations require the consideration of additional matters in applicants' Environmental Reports and in Detailed Statements of environmental con-siderations and provide for determination by the presiding Atomic Safety and Licensing Boards in pending proceedings of specified issues in addi-tion to and different from those previously in issue in AEC licensinq proceedings.
Notice is hereby given, pursuant to 10 CFR Part 2, " Rules of Practice "
and Appendix D of 10 CFR Part 50, " Licensing of Production and Utiliza-tion Facilities," that in the conduct of the captioned proceeding, the Atomic Safety and Licensing Board will, in addition to considering and determining the issues pertaining to radiological health and safety and the common defense and security specified for hearing in the flotice of Hearing in this proceeding published on October 29, 1970, consider and A
make determinations, pursuant to the National Environmental Policy Act of 1969, on the matters set forth below.
1.
In the event that this proceeding is not a contested proceeding as defined by 10 CFR 5 2.4(n) of the Comission's " Rules of Practice," the Board will determine whether the environmental review conducted by the Comission's regulatory staff pursuant to Appendix D of 10 CFR Part 50 has been adequate.
2.
In the event that this proceeding is or becomes a contested proceeding, the Board will decide any matters in controversy
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3-among the parties with respect to matters within the scope of Appendix D of 10 CFR Part 50, and will consider and decide whether, in accordance with the requirements of Apnendix D of 10 CFR Part 50, the construction permits should be issued as
' proposed.
3.
Regardless.of whether the proceeding is contested or uncontested, the Board will, in accordance 'with section A.11 of Appendix D of 10 CFR Part 50, (a) determine whether the requirements of section 102(2)(C) and (D) of NEPA and Appendix 0 of 10 CFR Part 50 of the Con 1ission's regulations have been complied with in this proceeding; (b) independently consider the final balance among conflicting factors contained in the record of the proceeding with a view toward detennining the aopropriite action to be taken; (3) determine whether the construction permits should be granted, denied or appropriately conditioned to protect environmental values.
This notice supersedes the Notice of Hearing published on October 29, 1970, with respect to the matters which may be raised under paragraph A.
11 of Appendix D of 10 CFR Part 50, but does not affect the status of any person previously admitted as a party to this proceeding or provide an additional opporthnity to any person to intervene on the basis of, or to raise matters encompassed within, the issues pertaining to radio-logical health and safety and the common defense and security specified 4
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-4 for hearing in the prior above-referenced Notice of Hearing.
As they become available, any new or supplemental Environmental Report, and any new or supplemental Detailed Statement required by Appendix D of 10 CFR Part 50 will be placed in the Commission's Public Document Room at 1717 H Street, N. W., Washington, D. C. where they will be available for inspection by members of the public.
Copies of those documents will also be made available at the Grace Dow Memorial Library,1710 West St. Andrews Road, Midland, Michigan, for inspection by members of the public between the hours of 9:00 a.m. and 9:00 p.m.
weekdays, and 9:00 a.m. and 5:00 p.m. Saturdays. A copy of any new or Supplemental Detailed Statement prepared and, to the extent of supply, a cooy of any new or Supplemental Environmental Report filed, may be obtained, j
when available, by request to the Director of the Division of Reactor Licensing, United States Atomic Energy Comission, Washington, D. C.
20545.
Any person who wishes to make an oral or written statement in this i
proceeding setting forth his position on the issues specified in this Notice, but who does not wish to file a petition for leave to inter-vene; may request permission to make a limited appearance pursuant to the provisions of 10 CFR I 2.715 of the Commission's " Rules.of Practice."
Limited appearances will be permitted at the tire of the hearing in the discretion of the Board, within such limits and on such conditions
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. as may be fixed by the Board. Persons desiring to,make a limited appearance are requested to inform the Secretary of the Commission, United States Atomic Energy Commission, Washington, D. C.
20545, not later than thirty (30) days from the date of publication of this notice in the FEDERAL REGISTER.
Any person whose interest may be affected by the proceeding who does not wish to make a limited appearance and who wishes to participate as a party in the proceeding with respect to the issues set forth in this notice must file a petition for leave to intervene.
Petitions for leave to intervene, pursuant to the provisions of 10 CFR 5 2.714 of the Commission's " Rules of Practice," mur' be received in the Office of the Secretary of the Comission, United States Atomic Energy Comission, Washington, D. C.
20545, Attention: Chief, Public Proceedings Branch, or the Comission's Public Document Room,1717 H Street, N. W., Washington, D. C., not later than thirty (30) days from the date of publication of this notice in the FEDERAL REGISTER. The petition shall set forth the interest of the petitioner in the proceedino, how that interest may be affected by Comission action, and the con-l l
tentions of the petitioner in nrasonably specific detail. A petition I
which sets forth contentions relating to matters outside of the issues -
specified in this notice will be denied. A petition for leave to inter--
.vene which is not timely will be denied unless, in accordance with 2.5
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0 10 CFR 5 2.714, the petitioner shows good cause for failure to file it on time.
A person permitted to intervene becones a party to the proceeding, and has all the rights of the applicant and the regulatory staff to participate fully in the conduct of the hearing.
For example, he may examine and cross-examine witnesses. A person permitted to make a limited appearance does not become a party, but may state his position and raise questions which he would like to have answered to the extent that the questions are within the scope.of the hearing as specified in the issues set out above. A member of the public does not have the right to participate unless he has been granted the right to intervene as a party or the right of limited appearance.
An answer to this notice, or an amended answer with respect to i
the issues specified in this Notice, must be filed by the applicant, pursuant to the provisions of 10 CFR 5 2.705 of the conmission's " Rules of Practice," not later than twenty (20) days from the date of publica-tion of this notice in the FEDERAL REGISTER. Parties already partici-pating in this proceeding as intervenors with respect to the issues specified in the Notice of Hearing dated October 29, 1970, must also file an answer with respect to the issues specified in this notice not later than twenty (20) days from the date of publication of this notice in the FEDERAL REGISTER, in accordance with the requirerents of 10 CFR 5 2.705 of the Commission's " Rules of Practice."
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h Answers and petitions required.to be filed in this proceeding may be filed by mail or telegram addressed to the Secretary of the Comission, United States Atomic Energy Comission, Washington, D. C.
20545, Attention: Chief, Public Proceedings Branch, or may be filed by delivery to the Comission's Public Document Room,1717 H Street, N. W., Washington, D. C.
The date and place of further hearings will be set by subsequent order of the Board and notice thereof will be provided to the parties, including persons granted leave to intervene on issues set forth in this notice, and will be published in the FEDERAL REGISTER.
In setting these dates, due regard will be had for the convenience and necessity of the parties or their representatives, as well as Board members.
FORTHE$TOMICENERGYCOMMISSION
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l(. B. McCool\\
. Secretary of the Comission Dated at Germantown, Maryland this 29thday of November.1971.
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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION 77 In the Matter of
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CONSUMERS POWER COMPANY
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Docket No. 50 -3 29, 3'30 (Midland Plant, Units 1 and 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of SUPPLEMENTARY UOTICE OF HEARING ON APPLICATION FOR CONSTRUCTION PERMITS dated November 29, 1971 in the captioned matter have been served on the following by deposit in the United States mail, first class or air mail, this let day of December 1971:
Arthur W. Murphy, Esq., Chairman Richard G. Smith, Esq.
Atomic Safety and Licensing Ecard Smith & Brooker, P.C.
Columbia University School of Law 703 Washington Avenne h 5 West ll6th Street, Box 38 Eay City, Michigan 48706 3
New York, New York 10027 Harold P. Graves, Esq.
Dr. Clark Goodman Vice President and General Professor of Physics Counsel University of Houston John 1:. Restrick, Esq.
3801 Cullen Boulevard Consumers Power Company Houston, Texas 7700h 212 West Michigan Avenue Jackson, Michigan h9201 Dr. David B. Hall Los Alamos Scientific Laboratory Mr. R. C. Youngdahl P. O. Eox 1663 Senior Vice President Los Alamos, New Mexico 875hh Consumers Power Company 212 West Michigan Avenue Dr. Stuart G. Forbes Jackson, Michigan 49201 100 Tennessee Avenue, Apt. 37 Redlands, California 92373 Honorable Frank Olds, Chairman 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 48913 Lovenstein, Newman & Reis 1100 Connecticut Avenue, N. W.
Honorable Curtis G. Beck Washington, D. C. 20036 Assistant Attorney General State of Michigan Seven Story Office Building 525 West ottava Lansing, Michigan h8913 9
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e 50-329, 330 page P t'yron M. Cherry, Esq.
William A. Groening, Jr., Ecq.
Suite 1005 James H. O 'Connor, Esq.
109 N. Dearborn Street The Dow Chemical Company Chicago, Illinois 60602 2020 Dow Center Midland, Michigan h W 1 Anthony Z. Roisman, Esq.
Berlin, Roisman and Kessler William J. Ginster, Esq.
1910 N Street, N. u.
Merrin building, Suite 4 Washington, D. C. 20036 Saginav, Michigan h8602 James A. Kendall, Esq.
Mr. Vendell H. Marshall Currie and Kendall RFD No.10, Mapleton 135 North Saginaw Road Midland, Michigan 48640 Midland, Michigan h86h0 Irving Like, Esq.
Dr. Wayne E. North, Chairman Reilly, Like and Schneider Midland Nuclear Power Cocmittee
" 200 West Main Street P. O. Box 335 Eabylon, New York 11702 Midland, MichiEan h86h0 Honorable William H. Ward Milton R. Wessel, Esq.
Assistant Attorney General J. Richard Sinclair, Esq.
State of Kansas Allen Kezsbon, Esq.
Topeka, Kansas 66612 Kaye, Scholer, Fier=an, Hays and Handler 425 Park Avenue
- New York, New York 10022 Information copies to:
Mr. Karl Eerg, Director Mr. John A. Miller Grace'Dov Memorial Library Midland, Michigan h8640 1710 West St. Andrew Road Midland, Michigan 48640 Mr. Alan Ott, Vice President and Director Mr. J. R. Buckley, Vice President Chemical rank and Trust Company Mutual Savings and loan Midland, Michigan h86h0 Association Midland, Michigan h8640 Rev. Theodore M. Greenhoe Me=orial Presbyterian Church Mr. Roy Lanham, President Midland, "ichigan h66h0 Brown Lumber, Inc.
Midland, Michi an h8640 Mr. Robert Ferries, President 6
Ferries and Maxwell Insurance Acency, Inc.
Midland, Michigan h86h0 q
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l 50-329, 330 page 3 Mr. James _G. Bandeen, President Mr. Clifford Mapes, Vice Chairman
-randeen Chevrolet Midland County Roads Cor: mission Midlend, Michigan h86ho Midland, Michican L8643 Mr. Arthur E. Maas Mr.iled Arbury, President Superintendent Arbury and Sons Insurarce Waste *riater Department Midland, Michigan h M 3 Midland, Michigan h86h0 Mr. Milton Getzendaner, President Miss Lyn DeVries Midland nature Club Midland Eusiness and Midland, Michigan h86ho Professional Womens Club Midland, Michigan 486h0 Mr. H. C. Allison, Vi-e President Mr. Rotert Parker, Executive Alden E. Dov Associates, Inc.
Vice President Midland, MichiEan h86h3 Midland Area Chamber of Cc=erce Mr. Fred Minzer Midland, Michigan h86h0 l' inter Realty Lll S. Caginav Foulevard Mr. William H. Meier, President Midland, MichiEan hE6ho Meier Studio and Camera Ehop Midland, Michigan 486h0 Mr. James L. Collicon, Executive Director Mr. Donald E. VanFarove East Central Michigan Econonic Air Pollution Control Co=ission Development District State of Michigan Department University Center, Michigan Ad710 of Public Health 3500 H. Logan Street Mr. PreJerick L. Brown Lansing, Michigan h8910 President MichiFan United Conservotion Mr. Franklin E. Eraman Clubs loard of Directors of Midland, Michigan h86LO Downtown Eay City, Inc.
Bay City, Michigan k8706 Mr. Robert E. Chatterten Midland Township Supervisor Honorable Julius Blasy 928 Clarence Court - Route 7 Mayor, City of Midland Midland, Michi5an kBGh0 Midland, MichiSan h86ho Mr. Robert Kingsley Honorable Fred L. Yockey Director of Elementary Lducation City Manager Midland Public Schools Midland, Michigan h86ho Midland, Michigan h86ha Dr. Edvard L. Kern, President Mrs. George B. U3rer High Performance Technology, Inc.
3910 Applewood Midland, Michigan 486h0 Midland, l'ichican h8643
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50-329, 330 page h Mr. Robert Copeland, Chairman Mrs. Judith Loli Midland.Section, American Public Affairc Comittee Inctitute of Chemical Engineers SaSinaw YWCA Midland, Michigan 48640 1121 Ueiss Sacir.av, Michigan L8602 Mr. Lewis Warren, Executive Vice President Sidney N. Cmock, M.D.
Creater Caginaw Chamber of 1255 ChipIm River Road Commerce Midland, Michigan hMEO Saginaw, Michigan'48605 Mr. Fero 11 Pyle, Secretary Fr. Robert R. Denisen, Airport The National Com ittee to Step Manager Environmental Pollution Tri-City Airpcrt Comission 214 Third Street, N.E.
Midland, Michigan 486h0 Washington, D. C. 20002 Mr. Bruce R. Eenway, Vice Mr. John A. Eapancs President Executive Plaza First national Bank-Midland, Michigan hC6ho t.fidland, Michigan h86h0 Mr. Steve J. Gadler Mr. Larry Eeed, Executive 2120 carter Avenue Vice President St. Paul, Minnecota 55103 Iay Area Chamber of Com=erce Lay City, MichiEan hS706 f.'z. Edvard Miller 8055 Hospital Road Mr. George Elleson Freeland, Michigan LS623 Bay County Industrial Development Corporation Mr. Ralph W. Purdy Bay City,-Michigan h8706 Executive Secretary Department of natural Resoureco Mrs. Georgena Goff State oi' Michigan 3710 Washin5 ton Street Steven T. Macon building Midland,' Michigan h86h0 lansing, Michigan h8920
-Mr. Adam F. Emmendorfer Mr. W. G. Turney President, Home Builders Ascistent Chief Engineer
' Association of Midland Michigan Water Resources Commicsion P. O. Box 1763 Steven T. Mcson Euildin5 Midland, Michigan 48640 Lansing, Michigan h8526 Mr. William T.'Demers, President Fr. Willis F. Ward, Chairman Midland Lumber Dealers Association Public 3ervice Commission 802 Ashman Street.
State of Michigan Department Midland, MichiEan hS640 of Co=erce Seven Otory Office hiilding Ianning, Michiron h8913
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50-329, 330 page 5 Mr. Judsor T. Byers Comiscioner 705 Maple Federal Water (,vality Midland, Michigan 486h0 Adninistration
% sin Planning ?rench Mr. William Reilly Wachington, D. C. 202h2 Council on Environmental Quality Honorable William G. Milliken 722 Jackson Place, U. W.
Governor, State of Michigan Washington, D.C. 20006 Lansing, Michigan LS91h Mr. Robert G. Asperger R. Gerald Rice, M.D.
1506 Clay Street Director of Public Health Midland, MichiEen h86h0 Michigan Department of Pablic Health Mrs. Rachel Hazel 3500 Ucrth LcEnn 3trect 602 Townsend Street Lancing, Michigan h891h Midland, Michigan 486h0 Mr. Herbert C. DeJenge, Director Mr. and Mrc. M. L. Rippee Michigan Department of Commerce Route h Lancing, Michigan 48901 Midland, Michigan h86h0 Mr. Ralph A. MacMullan, Director Mr. and Mrs. J. V.
Clark Department of natural Recources Route 5 Michigan Department of Concervation Midland, Michigan h86h0 Lansing, Michican h8926 Mr. and Mrs. F. E. St. John Mr. Barry lirown, Director Michi an Department of Labor Route 1 E
Ereckenridge, Michigan b8615 300 East Michigan Avenue Lansing, Michigan h8933 Mr. and Mrs. V. E. Rippee 671 Woodcock Road, Route 7 Mr. William J. Pierce Midland, Michigan h86h0 national Conference of Comiccioners on Uniform Laws Mr. Dennis Ohlrogge University of Michigan Law School 3200 Nolske Street Ann Arbor, Michigan h8103 Midland, Michigan 486h0 William G. Migley, Esq.
Mrs. Mary Sinclair, President McDermott, Will and Emery Citizens ' Conmittee for Environmental 111 West Monroe Etreet Protection of Michigan Chicago, Illinoic 60603 5711 Su=serset Drive Midland, Michigan h86h0 Mr. and Frs. Fritz Ecarius 113 W. Flines Midland, Michigan h86hG
50-329, 330 pace 6
- 's. J. C. Young Honorable Janen Harvey Antrim County Poard of Houce of
- eprecentatices Com:nissioners P.ayturn, :.:ilding, P.cen 22!2 Kevadin, Michigan 49948 washincten, D. c. 20515
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Off' ice of the Cecreta.mf of the Cp liccion
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Mr. Murphy Mr. Engelhardt Mr. Wells H. Brown H. Umith
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