ML19330A903

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Order & Notice of 800910 Special Prehearing Conference in Midland,Mi Re Identification of Issues,Ruling Upon Intervention Petitions & Other Related Matters.Public Invited to Attend W/O Active Participation
ML19330A903
Person / Time
Site: Midland
Issue date: 07/24/1980
From: Smith I
Atomic Safety and Licensing Board Panel
To:
CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
References
ISSUANCES-OL, ISSUANCES-OM, NUDOCS 8007290730
Download: ML19330A903 (3)


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UNITED STATES OF AMERICA DOCKETED gg NUCLEAR REGULNIORY COMMISSION USNRC

-t JUL 251980 s 5 Offica cf the s ATOMIC SAFETY AND LICENSING BOARD DOCkting &

Ivan W. Smith, Chairman 823 7

Dr. Frederick P. Cowan b

Gustave A. Linenberger O

-In the Matter of

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Docket Nos. 50-329 OM 50-330 OM CDNSUMERS POWER COMPANY

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Docket Nos. 50-329 OL (Midland Plant, Units 1 and 2)

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50-330 OL ORDER AND NOTICE OF PREHEARING CONFERENCE (July 24, 1980)

On March 20, 1980 the Commission published a Notice of Hearing, 45 FR 18214, on certain issues relative to an Order Modifying Construction Permits of the Acting Director of Nuclear Reactor Regulation and the Director of Insp'ection and Enforcement dated December 6, 1979, which would prohibit Consumers Power Company from performing certain soil-related activities pending approval of amendments to the construction permits Nos. CPPR 81 and CPPR 82 which authorize the con-struction of two pressurized water reactors in Midland, Michigan.

Consumers Power Company had requested a hearing j

on the Order.

Subsequently, on May 28, 1980 this Atomic Safety and Licensing Board, designated to preside over any hearing in the soil-related proceeding, published in the Federal Register Y

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9 8007290730 g.

E an amended notice of hearing announcing that persons whose interest may be affected by the proceeding may file petitions for leave to intervene on or before June 27, 1980.

45 FR 35949.

Several residents of Michigan all residing within 25 miles of the Midland Plant, filed petitions for leave to intervene.

By memorandum and order dated July 24, 1980 the board f ound that those petitioners had standing to intervene and provided for the later filing of contentions within the scope of the pr oceeding.

Also pending before the board is a Motion for Partial Consolidation dated May 27, 1980 by Consumers Power Company which requests, among other things, that this proceeding on soil-related activities be. consolidated with the Midland operating license proceeding to the extent that the operating

-license proceeding also includes soil-related issues.

Please take notice that pursuant to 10 CFR 52.751a of the Commission's :. Rules of Practice the Atomic Safety and Licensing Board will conduct a special prehearing conference in the Docket 50-329-OM and 50-330-OM beginning at 9:00 A.M.,

- l September 10, 1980, at the following location:

75th' District Court Courtroom No. 2 Courthouse Midland, Michigan 48640 All persons who have filed petitions for leave to intervene in this proceeding or their respective counsel are directed to att'end.

4 The purpose of the conference is to permit identification of the issues, to rule upon intervention petitions and con-tentions, to consider consolidation of intervenors, to provide for a schedule for discovery and further activities in the proceeding, to consider Consumer's Motion for Partial Con-solidation dated May 27, 1980 and all other matters required to be considered under 10 CFR 52.751a.

Because consideration of the Motion for Partial Con-solidation will affect the Midland operating license pro-ceeding, Dockets 50-329-OL and 50-330-OL, the board, pursuant to 10 CFR $2.718(h) and $2.751(b), directs all intervenors d u the operating license proceeding and the Attorney General of Michigan (who has been admitted as a participant under 10 CFR $2.715(c) or their respective counsel to attend the conference.

The public is invited to attend the conference but there will be no opportunity for public participation.

THE ATOMIC SAFETY AND LICENSING BOARD Ivan W.

&&ith, Chairman Bethesda, Maryland 1

July 24, 1980

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