ML19330A226
| ML19330A226 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee, Midland File:NorthStar Vermont Yankee icon.png |
| Issue date: | 09/21/1976 |
| From: | Head D Atomic Safety and Licensing Board Panel |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8007151002 | |
| Download: ML19330A226 (4) | |
Text
O A'
. ?'r
. D'
'b
$6I.
5 gpr41 UNITED STATES OF AMERICA QI.-[ 7]"
8 NUCLEAR REGULATORY COMMISSION G
4 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD D
5 In the Matter of
)
)
CONSUMERS POWER COMPANY
)
Docket Nos. 50-329
)
50-330 (Midland Plant, Units 1 and 2)
)
MEMORANDUM AND ORDER On September 14, 1976, the U.S. Nuclear Regulatory Commission (the Commission) issued a Memorandum and Order in Vermont Yankee Nuclear Power Corporation (Vermont Yankee Nuclear Power Station), Docket No. 50-271 and in Consumers Power Company (Midland Plant, Units 1 and 2), Docket Nos.
l 50-329, 330 (Joint Memorandum and Order).
In the Joint Memorandum and Order the Commission indicated that the decision of the U.S. Court of Appeals for the District of Columbia Circuit in Nelson Aeschlican, et al. vs. U.S. Nuclear Regulatory Commission, Nos. 73-1776; 73-1867 (July 21,1976) is final and that consideration of all the issues remanded to the Commission by the Court of Appeals is appropriate.
Accordingly, the Commission issued a new Memorandum and Order dated September 14, 1976 to this Atomic. Safety and Licensing Board (the Board) ordering the Board to consider all issues which have been remanded to the Commission by the Court of 8007151 002 g
2-Appeals.
This new Memorandum and Order by the Commission
~
also directed the Board to call "for briefs from the parties to define all required steps, and to undertake any necessary proceedings."
In response to the Commission's orders of September 14, 1976, the Board directs that the parties file briefs on or before September 29, 1976.
These briefs should cover whether the construction permits for the Midland facility should be continued, modified, or suspended pending completion of the reopened hearings considering all the issues remanded by the Court of Appeals.
The briefs should also include the parties' best information on timing for a hearing on the merits of the reopened proceeding, taking into account any tbne needed for discovery and the time required to prepare cases.1/
In addition, the parties should include in their briefs any other information they consider to be responsive to the Commission's direction that the briefs " define all required steps".
Further, the Board will consider the briefs previously filed by the parties.
The Intervenors may, if they wish, stand on their previous brief for the points covered therein, The Board wishes to obtain information from the parties
-1/
on scheduling of the hearing on the merits to estimate if it the length of any suspension it might order, determines that suspension is necessary.
-m
.+...-,... +,e, w go
-w.
er u
,,---m.m
--e-.m
,,,gy en w-e g,e y
,-er+
, we-----,,,-e.,. ~ - -, -,, -,,,,,--,-
~-n
______s,,g,,-
7,-,_p-4----
,-rege,
~
as indicated by counsel for the Intervenors' letter.of September 14, 1976, to the Board Chairman.
Intervenors should, however, elaborate on that brief to discuss any discovery needed for, and scheduling of, the hearing an the merits.
l t
Further, the Commission, citing its General Statement l
of Policy on the Environmental Effects of the Uranium Fuel f
Cycle issued August 13, 1976, 41 F.R. 34707, stated in its Joint Memorandum and Order of September 14, 1976 that the question of modification or suspension of the construction pernits for the Midland facility is not appropriate for summary disposition and should be decided in formal proceed-ings in light of the facts and applicable law.
In the Board's view, this requires a hearing be held to consider whether the construction permits for the Midland facility should be continued, modified, or suspended pending the outcome of the reopened hearings in this case.
Accordingly, by separate j
i l
Notice and Order the Board is scheduling a hearing on that issue to be held on October 6, 1976 at the Holiday Inn, 1500,
Wackery Road, Midland, Michigan.
At that hearing, the 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.
The Board prefers that written testimony be submitted in advance of this hearing but will not require it in view of time limitations.
The Board will permit cross-examination of witnesses and will conduct its own examination as necessary.
In addition, the Board will entertain oral argument on the suspension issue.
Further, because of the time limitations involved, the Board notified the parties by telephone on September 20, E
1976, of the action it is taking in this Memorandum and Order.
BY THE ATOMIC SAFETY AND LICENSING BOARD C j' dek8 dr Daniel M. Head, Chairman Issued this 21st day of September 1976 At Bethesda, Maryland.
_______. _.._..