ML19330A277
| ML19330A277 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 10/27/1970 |
| From: | Mccool W US ATOMIC ENERGY COMMISSION (AEC) |
| To: | |
| References | |
| NUDOCS 8007151078 | |
| Download: ML19330A277 (16) | |
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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of
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CONSLHERS 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 OF HEARING ON APPLICATION FOR CONSTRUCTION PERMITS Pursuant to the Atomic Energy Act of 1954, as amen *ded (the Act), and the re2ulations in Title 10, Code of Federal Regulations, Part 50,
" Licensing of Production and Utilization Facilities," and Part 2,
" Rules of Practice," notice is hereby given that a hearing will be held at 10:00 a.m. local time, on December 1, 1970, in the Auditorium
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of the Grace Dow Memorial Library,1710 West St. Andrews Road, Midland, Michigan, to consider the application filed under 8104b. of the Act by the Consumers Power Company (the applicant), for construction permits for two pressurized water nuclear reactors, each designed to operate initially at 2452 megawatts (thermal), to be located at the applicant's site in Midland Township, Midland County, Michigan.
The hearing will be conducted by the atomic safety and licensing board designated by the Atomic Energy Commission, consisting of Dr. Clark Goodman, Houston, Texas; Dr. David B. Hall, Los Alamos, New Mexico; and Arthur W. Murphy, Esq., New York, New York, Chairman.
Dr. Stuart G.
Forbes, San Bernardino, California, has been designated as a technic' ally qualified alternate, and James P. Gleason, Esq., Rockville, Maryland,
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2-has been designated as an alternate qualified in the conduct of administrative proceedings.
A prehearing conference will be held by the board in the Auditorium of the Grace Dow Memorial Library,1710 West St. Andrews Road, Midland, Michigan, on November 17, 1970, at 2:00 p.m. local time, to consider the matters provided for consideration by 10 CFR 87 752 and Section II of Appendix A to 10 CFR Part 2.
The Director of Regulation proposes to make affirmative findings on 1
Item Numbers 1-3 and a negative finding on Item 4 specified below as j
ene basis for the issuance of construction permits to the applicant.
1.
Whether in accordance with the provisions of 10 CFR 850.35(a):
I (a) The applicant has described the proposed design of the fac411 ties including, but not limited to, the principal i
architectural and engineering criteria for the design, and has identified the major features or connonents incorporated therein for the protection of the health and safety of the public.
(b) Such further technical or design information as may be required to complete the safety analysis and which can reasonably be left for later consideration, will be supplied in the final safety analysis report; a
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(c) Safety features or components, if any, which require research and development have been described by the applicant and the applicant has identified, and there
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will be conducted, a research and development program reasonably designed to resolve any safety quertions associated with such features or components; and (d) On the basis of the foregoing, there is reasonable assurance that (i) such safety questions will be satisfactorily resolved at or before the latest dates stated in the application for completion of construction of the proposed facilities, and (ii) takingintoconsiderationthesitecriteriacontained in 10 CFR Part 100, the proposed facilities can be constructed and operated at the proposed location without undue risk to the health and safety of the public.
- 7.. Whether the applicant is tec'hnically qualified to design and construct the proposed facilities; 3.
trhether the applicant is financially qualified to design and construct the proposed facilities; and 4.
Whether the issuance of permits for the construction of the
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facilities will be inimical to the common defens'e and security or to the health and safety of the public. -
In the event that this proceeding is not a contested proceeding, as defined by 10 CFR 52.4 of the Commission's "Rul'es of Practice," the board vill, without conducting a de, novo evaluation of the applica-tion, consider the issues of whether the application and the record of the proceeding contain sufficient information, and the review by the Commission's regulatory staff has been adequate, to support the findings proposed to be made. and the construction permits proposed to be issued by the Director of Regulation.
In tha event that this proceeding becomes a contested proceeding, the,
board will consider and initially decide, as the issues in this pro-ceeding, Item Numbers 1 through 4 above as the basis for determining whether. construction permits should be issued to the applicant.
As they become available, the application, the proposed conscruction permits, the applicanth summary of the application, the report of the Commission's Advisory Committee on Reactor Safeguards (ACRS) and the Safety Evaluation by the Commission's regulatory staff will be placed in the Commission's Public Document Room, 1717 H Street, N. W.,
Washington, D.
C., where they will be available for inspection by members 'of the public. Copies of this notice of hearing, the pro-posed construction permits, the ACRS report, the applicant's summary r
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of the application and the regulatory staff's safety Evaluation will '
also be available at the Crace Dow Memorial Library, 1710 West St.
Andrews Road, Midland, Michigan, for inspection by members of the public on weekdays from 9:00 a.m. to 9:00 p.m. and on Saturdays frcm
'9:00 a.m. to'5:00 p.m.
Copies of the proposed construction permits, the ACRS report and the regulatory staff's Safety Evaluation may be obtained by request to the Director of the Division of Reactor Licensing, United States Atomic Energy Commission, Washington, D. C.
20545.
Any person who wishes to make an oral or written statement in this proceeding setting forth his position on the issues specified, but who does not wish to file a petition for leave to intervene, may request permission to make a limited appearance pursuant to the pro-visions of 10 CFR 82.715 of the Commission's " Rules of Practice."
Limited appearances will be permitted at the time of the hearing in I
the discretion of the board, within such ibnits and on such conditions as may be fixed by the board. Persons desiring to make a 1Laited appearance are requested to inform the Secretary of the Commission, United States Atomic Energy Commission, Washington, D. C.
20545, by November 12, 1970.
Any person whose interest may be affected by the p'roceeding who does not wis'h to make a limited appearance and who wishes to participate as a party in the proceeding must file a petition for leave to inter-vene.
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Petitions for leave to intervene, pursuant to the provisions of 10 CFR '92.714 of the Commission's " Rules of Practice," must be received in the Office of the Secretary of the Commission, United States Atomic Energy Commission, Washington, D. C.
20545, Attention:
Chief, Public Proceedings Branch, or the Commission's Public Document Room,1717 H Street, N. W., Washington, D.
C.,
not later than November 12, 1970, or in the event of a postponement of the prehearing c*onference, at such time as the board may specify. The petition shall set forth the inter-
- est of the petitioner in the proceeding, how that interest may be affected by Commission action, and the contentions of the petitioner in reasonably specific detail. A petition which sets forth contentions
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relating only to matters outside the Commission's jurisdiction will bc denied. A petition for leave to intervene which is' not timely will be denied unless the petitioner shows good cause for failure to file it on time.
A person permitted to intervene becomes a party to the proceeding, and,
has all the rights of the applicant and the regulatory staff to parti-cipate fully in the conduct of the hearing.
For example, he may exam-ine and cross-examine witnesses. A person permitted to make a limited appearance does not become g party, but may state his position and raise questions which he would like to have answered to the extent j
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 h
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right to participate unless he has been granted the right to inter-vene as a party or the right of limited appearance.
An answer to this notice, pursuant to the provisions of 10 CFR 82.705 of the commission's " Rules of Practice," must be filed by the appli-
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cant on or before November 12, 1970.
Papers required to be filed in this proceeding may be filed by mail or telegram addressed to the Secretary of the Commission, United States Atomic Energy Commission, Washington, D. C.
20545, Attention:
- Chief, Public Proceedings Branch, or may be filed by delivery to the Commis-sion's Public Document Room, 1717 H Street, N. W., Washington, D. C.
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Pending further order of the board, parties are required to file, pur-suant to the provisions of 10 CFR 82.708 of the Commissionk " Rules of j
Practice," an original and twenty copies of each such paper with the e i
Commission.
1 With respect to this proceeding, the Commission has delesated to the 7
Atomic Safety and Licensing Appe.al Board the authority and the review function which would otherwise be exercised and performed by the Com-mission. The' Commission has established the Appeal Board pursuant to 10 CFR 52.785 of the Commission's " Rules of Practice," and has made the delegation pursuant to subparagraph (a)(1) of this section<
The Appeal Board is composed of the Chairman and Vice-Chairman of the i
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' i Atomic Safety and Licensing Board Panel and a third member who is technically qualified and designated by the Commission. The Com-mission has designated Dr. Lawrence Quarles, Dean of the School of Engineering and Applied Science, The University of Virginia, as this third member.
UNITED STATES ATOMIC ENERGY COMMISSION n.-
BY:
f W. B. McCool Secretary of the Cc=sission Dated at Washington, D. C.
this 27th day of October 1970.
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CONSUMERS PO RR COMPANY (Midland Plant,' Unit 1)
DOCKET NO. 50-329 CONSTRUCTION PERMIT Construction Permit No.
1.
Pursuant to 8104b. of the Atomic Energy Act of 1954, as amended (the Act), and Title 10, Chapter 1, Code of Federal Regulations, Part 50, " Licensing of Production and Utilization Facilities," and pursuant to.the order of the atomic safety and licensing board, the Atomic Energy Commission (the Commission) hereby issues a construction per-L mit to the Consumers Power Company (the applicant) for a utilization 1
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facility (the facility), designed to operate at 2452 megawatts (thermsl) describedintheapplicationandamendmentsthereto(theapplication filed in this matter by the applicant and as more fully described ini f t the evidence received at the public hearing upon that application. The facility, known as Midland Plant, Unit 1, will be located at the applicant's site in Midland Township, Midland County, Michigan. 2. This permit shall be deemed to contain and.be subject to the condi-tions specified in 8850.54 and 50.55 of said regulations; is subject to all. applicable provisions of the Act, and rules, regulations and orders of the Commission now or hereafter in effect; and is subject to the conditions specified or incorporated below: g e e
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The earliest date for the completion of the facility is February 1, 1974, and the latest date for completion of the facility is February 1,1975. B. The facility shall be constructed and located at the site as described in the application, in Midland County, Michigan. C. This construction permit authorizes the applic' ant to con-struct the facility described in the application and the hearing record in accordance with the principal architectural and engineering criteria set forth therein. I D. The applicant shall observe such standards and requirements for the protection of the environment as are validly imposed pursuant to authority established under Federal and State law and as are determined by the Commission to be applicable to the facility covered by this construction permit. This condition does not apply to (a) radiological effects since such effects are dealt with in other provisions of this construction permit or (b) matters of water quality covered by section 21(b) of the Federal Water Pollution Control Act. 3. This permit is subject to the limitation that a license authorizing 4 operatica di the facility will not be issued by the Commission unless (a) the applicant submits to the Commission, by amendment to the applica-tion, the complete final safety analysis report, portions of which may i p
\\ .r ' () s be submitted.and evaluated from time to time; (b) the Commission finds that the final design provides reasonable assurance that the health and safety of the public will not be endangered by the opera-tion of the facility in accordance with procedures approved by it in connection with the issuance of said license; and (c) the applicant submits proof of financial protection and the execution of an indemnity agreement as required by 5170 of the Actg FOR THE ATOMIC ENERGY C0btiISSION N \\ l 1 / o e O I 9 N
~ ? o e CONSUMERS POWER COMPANY (Midland Plant, Unit 2) DOCKET NO. 50-330 CONSTRUCTION PERMIT Construction Permit No. 1. Fursuant to $104b. of the Atomic Energy Act of 1954, as amended (the Act), and Title 10, Chapter 1, Code of Federal Regulations, Part 50, " Licensing of Production and Utilization Facilities," and pursuant to the order of the atomic safety and licensing board, the Atomic Energy Commission (the Commission) hereby issues a construction per-mit to the Consumers Power Company (the applicant) for a utilization facility (the facility), designed to operate at 2452 megawatts (thermal) described in the application and amendments thereto (the application) filed in this matter by the applicant and as more fully. described in the evidence received at the public hearing upon that application. The facility, kInown as Midland Plant, Unit 2, will be located at the applicant's site in Mid. land Township, Midland County, Michigan. 2. This permit shall be deemed to contain and be subject to the condi-tions specified in 8850.54 and 50.55 of said regulations; is subject to all applicable provisions of t he Act, and rules, regulations and orders of the Commission now or hereafter in effect; and is subject to the conditions specified or incorporated below: I f i
. _. m. _m_-__._ g 1 ~ 3., } 9-- (~; \\ A. The earliest date for the completion of the facility is February 1,1975, and the latest date for completion of the facility is February 1, 1976. 'B The facility shall be constructed and located at the site as described in the application, in Midland County, Michigan. C. This construction permit authorizes the applicant to construct the facility described in the application and the hearing record in accordance with the principal architectural and engineering criteria set forth therein. D.' The applicant shall observe such standards and requirements t for the protection of the environment as are validly imposed pursuant to authority established under Federal and State law and as are determined by the Commission to be applicable to the e i facility covered by this construction permit. This condition does not apply to (a) radiological effects since such effects
- are dealt w'ith in other provisions of this construction permit or (b) matters of water qual'ity covered by section 21(b) of the Federal' Water Pollution Control Act.
3. This permit is subject to the limitation that a license authorizing operation of the facility will not be issued by the Commission unless (a) the applicant submits to the Commission, by amendment to the applica-tion, the complete final safety analysis report, portions of which may O y 'm e
g., A , ) L r 3-be submitted and evaluated from time to time; (b) the Commission finds that the final design provides reasonable assurance that the health and safety of the public will not be endangered by the opera-tion of the facility in accordance with procedures approved by it in connection with the issuance of said license; and (c) the applicant submits proof of financial protection and the execution of an indemnity agreement as required by 8170 of che Act. FOR THE ATOMIC ENERGY C0}HISSION / o e 4 1 0 I ( i
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39 Y / g). UNITED STATES OF AbERICA l ATOMIC ENERGY COMMISSION In the Matter of ) ) Docket Nos. 50-329 COIEWERS POWER COMPANY ) 50-u0 (Midland Plant, Ubits 1 and 2) ) ~~ CERTIFICATE OF SERVICE I hereby certify that copies of a NOTICE OF HEARING OU APPLICATION FOR CONSTRUCTION PERMITS have been served on the following by deposit in the United State:s mail, first class or air mail, this twenty-seventh day of October, 1970: Arthur W. Murphy, Esq., Chairman Mr. R. C. Youngdahl Atomic Safet,y and Licensing Board Senior Vice President Columbia University School of Law Consumers Power C mpan-Box 38 212 West Michigan luenue 4 5 West 116th Street 3 Jackson, Michigan 49201 New York, New York 10027 Mrs. Mary Sinclair, President James P. Gleason, Esq., Alternate Citizens ' Co=mittee for Environmental Chairman Protection of Michigan Atomic Safety and Licensing Board 5711 Summerset Drive Donahue, Ehrmantraut & Gleason Midland, Michigan 48640 11125 Rockville Pike Rockvine, Maryland 20852 Commissioner Federa'. Water Quality Administration Dr. Clark Goodman Washi.igton, D. C. 20242 Professor of Physics ATTEIT.' ION - Basin Planning Branch University of Houston 3801 Cullen Boulevard Honorable William G. Milliken Houston, Texas 77004 Governor of Michigan Lansing, Michigan 48914 Dr. David B. Hall Los Alamos Scientific Laborstory R. Gerald Rice, M. D. P. O. Box 1663 Director of Public Health Los Alamos, New Mexico 87544 Michigan Department of Public Health 3500 North Logan Street Dr. Stuart G. Forbes Lansing, Michigan 48914 222 West 8th Street, Apt. 7 San Bernardino, California 92401 Mr. Herbert C. DeJonge, Director Michigan Department of Commerce Thomas F. Engelhardt, Esq. Lansing, Michigan 48901 David E. Kartalia, Esq. Regulatory Staff Counsel Mr. Ralph A. MacMullan, Director U. S. Atomic Energy Ceramission Department of Natural Resources Washington, D. C. 20545 Michigan Department of Conservation Harold P. Graves, Esq. Vice President and General Counsel Mr. Barry Brown, Director Consumers Power Company Michigan Department of Labor 212 West Michigan Avenue 300 East Michigan Avenue Jackson, Michigan 49201 Lansing, Michigan 48933
F< G C 3* s av --4 50-329i 330 Page 2 Mr. Willis Ward, Chairman William G. Migely, Esq. Atomic Energy Study Committee McDermott, Will & Dnery Michigan Public Service Commission 111 West Monroe Street Lansing, Michigan 48901 Chicago, Illinois 60603 Mr. William J. Pierce Mr. Frank Olds, Chairman National Conference of Cot:::lissioners Midland County Loard of on Uniform Laws Supervisors University of Michigan Law School 623 St. Charles Street Ann Arbor, Michigan 48103 Midland, Michigan 48640 Jer Qe Maslovski, Esq. Mr. Robert B. Chatterton Assistant Attorney General Midland Township Supervir.or State of Michigan 928 Clarence Court - acute T Lansing, Michigan 48902 Midland, Michigan 48640 OA M d.d (;_. .c M _2fL M 44,ey Office of the Secret 6ry of the Commission cc: Mr. Murphy Mr. Engelhardt Mr. Yore Mrs. Brown Mrs. Smith _}}