ML19330C407
| ML19330C407 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 07/28/1980 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Durenberger D SENATE |
| References | |
| NUDOCS 8008080338 | |
| Download: ML19330C407 (1) | |
Text
[
orey f
f,,
UNITED STATES f
g NUCLEAR REGULATORY COMMISSION y
/.
E.
WASHINGTON, D. C. 20555 k...+e JUL 281980 Docket No. 50-329 The Honorable Dave Durenberger United States Senate Washington, D. C.
20510
Dear Senator Durenberger:
This is in response to your June 18, 1980 letter to the Chairman of the
~
Nuclear Regulatory Commission requesting a copy of our reply to a letter sent to the Chairman by Mr. Wendell H. Marshall of Midland, Michigan.
As an active participant in the ongoing NRC proceedings involving the Midland nuclear project, copies of Mr. Marshall's letter were distri-buted to the Atomic Safety and Licensing Board and the parties in the contested proceeding on April 25, 1980. However, through inadvertence, no official response was made to this particular letter until your letter brought the matter to our attention.
l While we unfortunately did not promptly respond to this particular letter from Mr. Marshall, we have previously responded to papers filed by Mr.
Marshall and his attorney in this proceeding raising similar questions and have replied to other similar correspondence which Mr. Marshall has sent to the Commission.
I enclose a copy of our July 17, 1980 reply to Mr. Marshall.
Sincerely, (Signed) T. A, Renun
- 7A William J. Dircks Il Acting Executive Director of Operations
Enclosure:
As stated cc: Mr. Steve J. Gadler 8008080 1
4
3 x.4
- f
'o, UNITED STATES 8
NUCLEAR REGULATORY COMMISSION 4
o E
,E -
wAssincrow, o. c.2osss
\\.*/
July 17,1980 Mr. Wendell H. Marshall Route 10 Midland, Michigan 48640 In the Matter of Consumers Power Company (Midland Plant, Units 1 and 2)'
Docket Nos. 50-329-0M & 50-330-0M
Dear Mr. Marshall:
Your April 10, 1980 letter to the Chairman, U. S. Nuclear Regulatory Com-mission, in which you ask the Chairman to take action to stop building the Midland Plant, has been recently referred to me for response. Since the Chairman may be called upon to participate in the review of decisions and rulings of the presiding NRC Atomic Safety and Licensing Board and NRC Atomic Safety and Licensing Appeal Board in connection with ongoing licensing proceedings, it would be inappropriate for him to comment on the mctter.
I apologize for the delay in answering your letter.
As you know, on February 26, 1980, Mr. Olmstead of this office responded to a letter you wrote on January 28, 1980 in which you also requested that the Midland Plant be closed down.
In support of your request to terminate construction of the Midland Plant you allege the following: the facility's proximity to your home and dis-tance from populated areas; inadequate consideration of the spent fuel prob-lem; the safety implications and environmental impacts of radioactive storage on site; inadequate consideration of the cumulative impact caused by the spent fuel storage; and, in the event of a Class 9. accident at Mid-land, that the accident would have an impact on the spent fuel.
As Mr. Olmstead stated in his February 26, 1980 letter, as a participant in the contested operating license proceeding for the Midland facility, you are aware that the Atomic Safety and Licensing Board assigned to hear the case has jurisdiction over these matters. A copy of your April 10, 1980 letter and this response will be sent to the Board and all partici-pants in the proceeding, including your attorney, Grant J. Merritti, Esq.
Perhaps you can discuss with him the appropriateness of raising these issues in the operating license proceeding so that all parti a will have an oppor-tunity to respond.
h J
umsmv
ya
- This is not directly connected with the above, but we have construed your June 23, 1980 letter as a petition for leave to intervene in the hearing involving the December 6,1979 Order Modifying Construction Permits for the Midland Plant. On July 14, 1980, we filed our answer with the Licensing Board suggesting that the Board find that you have standing to intervene in that proceeding also.
Sincerely, 4-.
42Alf% !
1 a
William D. Paton Counsel for NRC Staff cc w/ enc.:
Ivan W. Smith, Esq.
Mr. Gustave A. Linenberger Dr. Frederick P. Cowan Frank J. Kelley, Esq.
Myron M. Cherry, Esq.
Ms. Mary Sinclair Michael I. Miller, Esq.
Grant J. Merritt, Esq.
Judd L. Bacon, Esq.
Ms. Barbara Stamiris Mr. Steve Gadler Mr. Michael A. Race Ms. Sandra D. Reist i
Ms. Sharon K. Warren Mr. Patrick A. Race Mr. George C. Wilson, Sr.
Ms. Carol Gilbert Mr. William A. Thibodeau Mr. Terry R. Miller Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Appeal Board Panel Docketing and Service Section i
c= d..
- ===:
- = =
=:"l_ ::",,.:."'
""'i
=.. b3,,,,,,,,
~- -}-T._C_ _... 3Cnileb Miales Mennie
.a
... m..,,, _
enno,6 WASHINGTON. D.C. 20510 memant s.pemuYam cNsYesIseen I
June 18, 1980 y.
f Mr. John F. Ahearne Chairman U.S. Nuclear Regulatory Commission Washington, D.C.
20555 e-Dear Commissioner hearne:
I am enclosing a copy of a letter from Wendell H. Marshall of Midland, Michigan which was referred to my office by a fellow Minnesotan.
h.
i would be interested in receiving a copy of the reply which was provided by your office to the questions raised by Mr. Marshall.
Thank you for your attention to'this matter.
l'
- ely, N
k i
_M e Du re Uni e States Senator DD:jpk 4
enclosure cc:
Steve J. Gadler President Midwest Environmental Protective Associates, Inc.
Como Station St. Paul, Minnesota 55108 b
9 e
- -