ML19330A262
| ML19330A262 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 05/19/1977 |
| From: | Hoefling R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8007151066 | |
| Download: ML19330A262 (9) | |
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5/19/77 J '(
UllITED STATES OF A!! ERICA
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fiUCLEAR REGULATORY COMi1ISSIO!i BEFORE THE ATOMIC SAFETY AfiD LICEllSIi!G BOARD In the Matter of
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C0tlSUMERS POWER COMPA!1Y
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Docket ilos. 50-329
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50-330 (Midland Plant, Units 1 and 2)
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flRC STAFF RESPONSE TO THE ATOMIC SAFETY AtlD LICEllSliiG BOARD'S ORDER REGARDItiG RESUTTAL TESTIM 0ilY AtiD 110TIONS TO A0!1IT TESTIMONY ItiTO EVICE!!CE Introduction
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By its orders made orally in this proceeding in Chicago, on Friday, May 13, 1977, the Atomic Safety and Licensing Board (Board) established procedures i
for the filing of rebuttal testimony in this proceeding.
The Board established two categories of rebuttal testimony.
The first category of rebuttal testimony consists of that testimony already filed (but not received in evidence) by the fiRC Staff (Staff) and Consumers Power Company (Applicant) on February 28, 1977.
The second category consists of such rebuttal testimony as the parties may wish to file subject to a determination by the Board that such rebuttal testimony is proper in light of the additional events and evidence occurring since February 28, 1977.
The Board requirement in this area is that rebuttal will be considered proper if it can be related to "new information".
(Tr.6159).
Any rebuttal testimony, which parties sought to place before the Board was to be in the hands of the Board by May 20, 1977.
Any objections to the rebuttal testimony filed on that date or any surrebuttal to such testimony by way of counteraffidavit was to be in the hands of the Board by itay 27, 1977.
THIS DOCUMENT CONTAINS P00R QUALITY PAGES 80 0 7,g,9 g g g
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Discussion 111th regard to the first category of rebuttal, that testimony filed on February 28, 1977, the only requirement imposed by the Board was the provision of appropriate affidavits (Tr. 5160).
The Staff in its
" Motion in Support of Additional NRC Staff Testimony" of February 28, 1977 placed before the Board three pieces of rebuttal testimony as follows:
1.
"NRC Staff Rebuttal Testimony of Walter J. Gundersen on the Subject of Loss of Load Probability and Reserve Margins."
2.
"NRC Staff Rebuttal Testimony of Sidney E. Feld on Forecast Methodology and Alternative Rate Designs."
3.
"HRC Staff Rebuttal Testimony of Arnold H. Meltz on the Financial Costs of Delay (Excluding Replacement Power)."
Attached to the Staff's response are the affidavits of Messrs Gundersen,
- Feld and Meltz attesting to the correctness of the rebuttal identified above.
The Staff moves that this testimony be admitted as evidence in this proceeding.
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. The Staff offers no a'dditional rebuttal testimony.
However, the Staff does feel that the record requires supplementation.
By Motion dated April 26, 1977', the Staff moved to admit the " Supplemental Testimony of Walter J. Gundersen" into evidence.
As discussed in that motion, both Mr. Gundersen's direct testimony and his rebuttal testimony relied upon the April 1976 Report to the Federal Power Commission pursuant to Docket R-362, Order 383-3 by the Bulk Power members of the East Central Area Reliability (ECAR) Coordination Agreement.
This report was updated on April 1,1977 and, as Mr. Gundersen had relied explicitly on the ECAR data and as this data had changed, in the Staff's view an update of the Gundersen testimony was in order.
The Gundersen testimony was filed under affidavit and the Staff moved that the Gundersen testimony be admitted into evidence in this proceeding, absent the objection of the. Board or any party.
Mr. Flynn, Cour sel for All Intervenors other than Dow, indicated at the hearing on May 9,1977 that the Intervenors were withdrawing their objections to the admission of Mr. Gundersen's supplemental testimony.
(Tr. 5227).
The Staff renews its motion that Mr. Gundersen's supplemental testimony be admitted into evidence.
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' Conclusion The Staff moves that the rebuttal testimony of licssrs Gunderson, Feld and Meltz be admitted as evidence in this proceeding under affidavit.
The Staff further renews its Motion to admit into evidence in this proceeding the " Supplemental Direct Testimony of tlalter J. Gundersen" supplied to the Board and the parties in this proceeding on April 26, 1977.
Respectfully submitted, id ct 4
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Richard K. Hoefling Counsel for NRC Staff Dated at Bethesda, liaryland this 19th day of liay, 1977 P
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U!1ITED STATES ^F A!! ERICA
!!UCLEAR REGULATORY COMMISSION BEFORE.THE ATOMIC SAFETY AND LICEl: sit:G BOARD 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 (Miditnd Plants, Units 1 and 2)
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AFFIDAVIT OF ARNOLD H. MELTZ Arnold H. Meltz deposes and says under oath as follows:
1.
I am a^ Senior Financial Analyst in the Division of Project Management, U. S. Nuclear Regulatory Commission.
My professional qualifications were admitted into evidence in this proceeding on February 16, 1977 following Tr. 4573.
2.
I prepared t;he testimony contained in the special transcript volume of flarch 23, 1977 entitled "NRC Staff Rebuttal Testimony of Arnold H.
Meltz On the Financial Costs of Delay (Excluding Replacement Power)"
l consisting of six pages.
I hereby certify that this testimony is true and correct to the best of my knowledge and belief, with the deletion noted at page llA of the special transcript, volume.
j 9LJJeRfd6 Arnold H. Meltz Subscribed nd sworn to before me this'tg day of May, 1977.
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!!y Comission Expires O A, L RW
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i UriLTED STAlCR OF AMERICA NUCLEAR REGULATORY COMMISS10f!
BEFORE THE ATOMIC SAFETY A!!D LICE!!SI!!G BOARD In the Matter of
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C0l!SUMERS POWER COMPA!!Y
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Docket Nos. 50-329
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50-330 (Midland Plants,-Units 1 and 2)
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AFFIDAVIT OF WALTER J. GUNDERSE!!
Walter J. Gundersen deposes and says under oatii as follows:
1.
I am employed by the Federal Power Commission as Assistant to the Chief cf Division of Power Supply and Reliability.
My professional qt:alifications are attached to my testimony and were ' admitted into evidence in this proceeding on March 24, 1977 following Tr. 5101.
2.
I prepared the testimony contained in the special transcript volume of March 23, 1977 entitled "NRC Staff Rebuttal Testimony of Walter J.
Gundersen on the Subject of Lost of Load Probability and Reserve Margins" consisting of a cover sheet, six pages and one attachment.
I hereby certify that this testimony is true and correct to the best of my knowledge and belief.
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A SGx Walter J. Gundersen Subscribed and sworn to before me this tq % day of May, 1977.
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=NotaryPublicQ My Commission expires:
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UNITED STATES OF Af1 ERICA MUCLEAR REGULATORY COMiilSSION BEFORE THE ATOMIC SAFETY AMD LICE!! sit'G BOARD In the Matter of
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C0flSUMERS POWER C0fiPAtlY
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Docket Nos. 50-329
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50-330 (iiidland Plants, Units 1 and 2)
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AFFIDAVIT OF SIDNEY E. FELD Sidney E. Feld deposes and says ut. der oath as follows:
1.
I am a Regional / Environmental Economist in the Division of Site Safety and Environmental Analysis, U.S. fluclear Regulatory Cormission.
My professional qualifications were admitted into evidence in this proceeding on February 16, 1977 following Tr. 4375.
2.
I prepared the testimony contained in the special transcript volume of March 23, 1977 entitled "NRC Staff Rebuttal Testimony of Sidney E. Feld on Forecast Methodology and Alternative Rate Designs" consisting of seven pages, an attachment and a reference sheet.
I hereby certify that this testimony _is true and correct to the best of my knowledge and belief.
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Sidney E. Feld Subscribed and swurn to before me this g day of flay,1977.
bdC.hW NotaryPubliQ l
fly Commission expires:
A ),1973.
UNITED STATES OF AMERICA NUCLEAR REGULATORY C0iVIISSI0il BEFORE THE AT0i1IC SAFETY AND LICEilSING BOARD In the Matter of-CONSUMERS POUER 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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CERTIFICATE OF SERVICE I hereby certify that copies of "':RC STAFF RESPONSE T0'THE ATOMIC SAFETY AND LICENSIllG BOARD'S ORDER REGARDII;G REBUTTAL TESTIM 0!!Y A!!D it0TI0HS TO ADMIT TESTIt10NY I!!TO EVIDENCE" and " AFFIDAVIT OF AR!0LD H. !ELTZ" and " AFFIDAVIT OF WALTER-J. GU!!DERSEH" and " AFFIDAVIT OF 'SID? LEY E. FELD;', dated !1ay 19,1977 in the above-captioned proceeding, have been served on the following by
- deposit in the United States mail, first class or air mail, this 19th day of May, 1977:
Frederic.J. - Coufal, Esq., Chairman Honorable Curt T. Schneider Atomic Safety and Licensing Board Attorney General U. S. Nuclear Regulatory Ccantission State of Kansas Statehouse Washington, D. C.
20555 Topeka, Kansas 66612 Dr. J. Venn Leeds, Jr.
Ms. Mary Sinclair Atomic Safety and Licensing Board 5711 Summerset Street 10807 Atwell Midland, Michigan 48640 Houston, Texas 77096-Harald F. Reis, Esq.
Dr. Emmoth A. Luebke Robart Lowenstein, Esq.
Atomic Safety and Licensing Board Lowenstein, Newman, Reis &
U. S. Nuclear Regulatory Commission Axelrad
. Washington, D. C.
20555 1025 Connecticut Avenue Myron M. Cherry, Esq.
1 IBM Plaza L. F. Nute, Esq.
Chicago, Illinois 60611 Dow Chemical, U.S.A.
Michigan Division "
Judd L. Bacon,-Esq.
Midland, Michigan 48640 Consumers Power Company 212 West Michigan Avenue-Mr. Steve Gadier Jackson,-Michigan c9201 2120 Carter Avenue 2
St. Paul, Minnesota 55108 e
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. R. Rex Renfro'a, III, Esq.
Atomic Safety and Licensing David J. Rosso, Esq.
Appeal Panel Isham, Lincoln & Beale U. S. Nuclear Regulatory Commission One First National Plaza Washington, D. C.
20555 Suite 4200 Chicago, Illinois 60603 Docketing and Service Section Office of the Secretary Atomic Safety and Licensing U. S. Nuclear Regulatory Commission Board Panel Washington, D. C.
20555 U. S. Nuclear Regulatory Commission Washington, D. C.
20555 MV kJ/
Richard K. Hoefling V Counsel for URC Staff 6
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