ML19330A212
| ML19330A212 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 10/04/1976 |
| From: | Head D Atomic Safety and Licensing Board Panel |
| To: | AFFILIATION NOT ASSIGNED |
| References | |
| NUDOCS 8007150981 | |
| Download: ML19330A212 (4) | |
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UNITED ST.;T7c CF AMERICA 5-Qh
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Il NUCLEAR RE r!.;. TORY. COMMISSION 9;
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EEFORE THE ATO.v.IC T _~E;'Y i.MD LICENSING BOARD In the Matter of
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CONSUMERS POWER COMPAN1
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Docket Nos. 50-329
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50-330 (Midland Plant, Un Ls 1?
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NOTICE AND ORDE.' r.EZCHZPULING' HEARING 9
On September 21, 1976, the A omic Safety and Licensing Board (the Board) scheduled an evidentiary hearing on whether the construction permite for the above-identified nuclear facility should be centinued, modified or suspended pending completion of reopened hesr_ngs which will consider all issues remanded to the U.S. Nuclear Regulatory Commis-sion (the Commission) by the U.S. Court of Appeals for the District of Columbia Circuit in Aeschliman v. NRC, Appeal Nos. 73-1776 and 7?-1567, decided July 21, 1976.
The Intervenors filed a =0:icn to adjourn this suspen-sion hearing or in the a;;erna ive to tontinue it from October 6, 1976, until on or after November 15, 1976.
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basis for this request for continuance was that counsel for the Intervenors had previously scheduled court and administrative proceedings and commitments in connection with their preparation.
The Ccamission Staff does not o
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oppose the continuance 'st.-
ch-licensee did file a response by telegram, taking the posicion that any continuance beyond a few days would not b acceptable since it wished to remove the cloud of the poesibility of suspension as soon as possible.
The Board considers tha: ::.3 Intervenors have shown good cause for a continuance and, accordingly, hereby grants the Intervenors' motion in this regard.
Insofar as the motion requests that the suspension heari.7g be adjourned and that the construction permits be immediately suspended, the Intervenors' motion is denied.
In view of time limita-tions, the Board will issue e separate memorandum and order setting forth the reasons for this denial.
In addition, the Board has now received briefs from the parties in response to its Memorandum and Order of September 21, 1970, with regard to defining further steps t
in the reopened proceedings.
After review of these briefs, the Board will issue a mcmorandum and order to controi further conduct of this proceeding.
That memorandum and order will deal with such items as the Board's action on the ACRS letter, with discovery, with procedures to sharpen and define the issues for the remanded hearing, with the LJ
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requirements for filing wr tto-testimony in the suspension hearing and with any other actions that may aid in the order 2y disposition of his proceeding.
ACCORDINGLY, PLEl.SE TA.T FOTICE AND IT IS HEREBY ORDERED, that the suspension hearin set for October 6, o
1976, is hereby continued until 10:00 a.m. on Tuesday, November 16, 1976, at the Holiday Inn, 1500 West Wackerly Road, Midland, Michigan.
This hearing shall run con-tinuously until all evidence and oral argunent on the suspension issues has been received or until continued by further order of the Board.
Members of the public are invited to attend the sus-
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pension hearing and the Board will receive limited appear-ances prior to taking of evidence at the hearing.b!
Limited appearances will be restricted to ten (10) minutes each, unless the person requesting the limited appearance i
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The Board has received several letters and one tele-gram which requested permission to make limited appearances at the October 6 hearing.
The Board has sent these fequests to the Docketing and Service Section for service on the parties in accordance with Section 2.780(b) of the Commission's Rules of Practice, 10 CFR Part 2.
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E'l ORDER ' OF THE ATOMIC SAFETY AND LICENSING BOARD
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Daniel M. Head, Chairman Issued'at Bethesda, Maryland this 4th day of' October, 197c.
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