ML19330A144
| ML19330A144 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 09/21/1976 |
| From: | Head D Atomic Safety and Licensing Board Panel |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8007150914 | |
| Download: ML19330A144 (5) | |
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BEFORE THE ATOMIC SAFETY AND LICENSING BOA g,
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In the Matter of
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CONSUMERS POWER COMPANY
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Docket Nos. 50-329
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50-330 (Midland Plant, Units 1 and 2)
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NOTICE AND ORDER SETTING A HEARING ON CONTINUATION, MODIFICATION. OR SUSPENSION OF CONSTRUCTION PERMITS On July 21, 1976, the U.S. Court of Appeals for the District of Columbia Circuit in Nelson Aeschliman, et al.
- v. U.S. Nuclear Regulatory Commission, Nos. 73-1776; 73-1867, remanded this proceeding to the U.S. Nuclear Regulatory Coc=ission (the Commission) for further considera-tion of the issues of nuclear waste disposal, fuel reprocess-ing, and energy conservation, and also for clarification of a report by the Advisory Committee on Reactor Safeguards.
The commission ordered that the proceeding be reconvened beforb in Atonic Safety and Licensing Board (the Board) to implement the remand order by the Court of Appeals.
t Another issue arising from th.e Court remand and one which has been specifically raised by the Intervenors, is whether the construction permits for the Midland facility should be continued, modified, or suspended pending the outcome of these reopened proceedings.
See the Commission's THIS DOCUMENT CONTAINS 8.007150$/f h
POOR QUAUTY PAGES
2-t General Statement of Policy on the Environmental Effects of the Uranium Fuel Cycle (General Statement of Policy) issued August 13, 1976 (41 F.R. 34707), and the Commission's Memorandum and Ordcr of August 16, 1976, its Joint Memorandum and Order in this proceeding and in the Vermont Yankee pro-ceeding dated September 14, 1976, and its further Memorandum and Order dated September 14, 1976 in this cause.
The Ccmmission in its above-cited Orders required this Board to call for briefs on the suspension issue, and. indicated in its General Statement of Policy and its Joint Memorandum and Order of September 14,'1976, that the question of modifi-cation or suspension of the Midland construction permits is not appropriate for summary disposition but should be decided in formal proceedings in lig'ht of the' facts and applicable law.
The Board has directed that such briefs hearing on the suspension bs filed and is hereby setting a issue.'
ACCORDINGLY, PLEASE TAKE NOTICE AND IT IS HEREBY ORDERED.that a hearing will be held at 10:00 a.m.,
local time, on October 6, 1976, at the Holiday Inn, 1500 Wackery
' Road, Midland, Michigan, on whether the construction permits for the Midland facility should be continued, modified, or
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suspended pending the outcome of this reopened proceeding, f
Tre Board will receive evidence from the parties on the factors set out on page 9 of the Commission's General Statement of Policy insofar as they are applicable to the Midland case, and on any other pertinent matters relating to suspension.
Also, the Board will permit cross-examination
'of witnesses and will conduct its own examination as neces-9 In addition, after the evidentiary presentations, sary.
the Board will entertain oral argument on the suspension issue.
This hearing shall.run continuously until all evi-dence and all oral argument.has been received or tetil continued by further order of the Board.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
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- Daniel M. Heaa, Chairman Issued this 21st day of September, 1976, at Bethesda, Maryland.
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UNITED STATES OF /d! ERICA NUCLEAR REGULATORY CO:::!ISSION In the Matter of
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CONSLEERS PO*TR COIPANY
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Docket No. (s) 50-329 '
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50-330
,0lidland Plant, Units I and 2)
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_ CERTIFICATE OF SERVICE sf~
I hereby certify that I have this day served the f' regoing docu=ent(s) W o
upon each person designated on the official service list ce= piled by the Office of the Secretary of the Cc=ission in this preceeding in j
accordance with the require =ents of Section 2.712 of 10 CFR Part 2-i Rules of Practice, of the Nuclear. Rcgulatory Cc=ission's Rule and
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Regulations.
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Dated at Washington, D.C. this f
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UNITED STATES OF AMERICA j
P'JCLIMR REGULNIORY COMISSION i
In the Matter of
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CONSGIERS POWER CGIPANY Docket No. (s) 50-329 3
50-330 (Midland Plant, Units 1 and 2)
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57iRVICE LIST Daniel M. Head, Esq., Chaiman Howard J. Vogel, Esq.
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Atomic Safety and Licensing Board Knittle 6 Vogel Panel 814 Flour Exchange Building U.S. Nuclear Regulatory Comission Minneapolis, Minnesota 55415 Washington, D.C.
20555 James A. Kendall, Esq.-
Dr. Emmeth A. Luebke, Esq.
Currie and Kendall Atomic Safety and Licensing Board 135 North Saginaw Road Panel Midland, Michigan 48640 U.S. Nuclear Regulatory Comission Washington, D.C.
20555 Judd L. Bacon, Esq.
Consumers Power Company Dr. J. Venn Leeds, Jr., Esq.
212 West Michigan Avenue 10807 Atwell
' Jackson, Michigan 49201 Houston, Texas 7709(i William J. Ginster, Esq.
Merrill Building, Suite 4 Counsel for NRC Staff Saginaw, Michigan 48602 U.S. Nuclear Regulatory Comission Washington, D.C.
20555 Milton R. Wessel, Esq.
J. Richard Sinclair, Esq.
Myron M. Cherry, Esq.
Kaye, Scholer, Fieman, Hays G Handler 1 IBM Plaza 425 Park Avenue
- i Chicago, Illinois 60611 New Yor,k, New York 10022 Harold F. Reis, Esq.
Honorable Curtis G. Beck Lowenstein, Newman,-Reis S Axelrad Assistant Attorney General 1025 Connecticut Avenue Seven Story Office Building Washington, D.C.
20036 525 West Ottawa Lansing, Michigan 48913 Honorable William H. Ward Lee Nute, Esq.
Assistant Attorney General Michigan Division State of Kansas The Dow Chemical Company Topeka, Kansas 66612
, 47 Building Midland, Michigan 48640 Irving Like, Esq.
Reilly, Like and Schneider Anthony Z. Roisman, Esq.
200 West Main Street Roisman, Kessler and Cashdan Babylon, New York 11702 1712 N Street, N.W.
Washington, D.C.
20036
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s page 2 board and parties cont 50-329/330 Grace Dow Memorial Library 1710 West St. Andrew Road Midland, Michigan 48640 4
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