ML19331A404
| ML19331A404 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 10/15/1974 |
| From: | Mark Miller, Murphy P, Renfrow R CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8007160960 | |
| Download: ML19331A404 (5) | |
Text
e 10/15/74 UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
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Construction Permit CONSUMERS POWER COMPANY
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Nos. 81 and 82
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(Show Cause)
(Midland Plant, Units 1 and 2))
MEMORANDUM OF CONSUMER POWER COMPANY IN OPPOSITION TO THE MOTION OF THE SAGINAW INTERVENORS FOR AN EXTENSION OF TIME TO FILE EXCEPTIONS On September 30, 1974, Saginaw Intervenors moved the Atomic Safety and Licensing Board for an extension of time within which to file exceptions to the Initial Decision of the Board dated September 25, 1974, stating that Saginaw had been served with only an incomplete copy of the Initial Decision.
Consumers Power Company opposes the motion for an extension of time.
On October 3, 1974, following receipt of the Saginaw Intervenor's motion, attorneys for Consumers Power Company sent to the attorney for the Saginaw Intervenors a complete copy of the Initial Decision of the Atomic Safety and Licensing Board in connection with Consumers Power Company (Midland Plant, Units 1 and 2) Construction Permit Nos. 81 and 82 (Show Cause) dated September 25, 1974.
This Decision was sent via messenger to-gether with a cover letter dated October 3, 1974, a copy of which is attached hereto as " Exhibit A."
Since the Saginaw Intervenors have not filed exceptions to the Initial Decision within 7 days after receipt of a completed copy, as required l
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. by 10 CFR Sec. 2.762(a), their motion for an extension of time should be denied.
As additional grounds for their motion, the Saginaw Intervenors cite a raotion for reconsideration and/or to reopen the record filed by themselves on the same day.
If the filing of a frivolous motion of that type were grounds to delay the deadline for filing exceptions, the 7 day period established by the regulations could be prolonged indefinitely.
10 CFR Sec. 2.762(a) does not permit this result.
If in fact the Board decides to reopen the. record or to reconsider its Initial Decision, the Saginaw Intervenors will have ample opportunity to file additional exception to any later decision of the Board in-corporating this reconsideration.
For all the foregoing reasons, the Saginaw Intervenors' motion for extension of time should be denied.
Respectfully submitted,
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Mi't:hael-I-itler
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f R.Lpk Renfrow III
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f Paul ~M.
Murphy
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Attorneys for Licensee Consumers Power Company DATED:
October 15, 1974 l
ISHAM, LINCOLN & BEALM ~
l One First National Plaza, Suite 4200 l
Chicago, Illinois 60603 (312) 786-7500 1
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1 Octohnr 3, 1974 Latt Offic.'n "Vron ".. Cherry one Init Plazn Chicago, Illinoin G0611 11 0 :
Initial Decision - Constrtiction Permit f31 and f32
Dear Sir:
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' iller has naked no to provi,1o you
' tith a complete copy of the T.iconning nonrd's Tnitini nocinion in connection with consunors P<v.rar ronpany i
!!idinnd *>lan t, Unito 1 and 2 countruction Perttit 'Jos.
!11 and 32 (Show Cnuno) dated Septembor 25, l'274.
- \\ccordingly I have mado a duplicato of our copy, carn-
'ully checked it to verify that it contains all and I am trans nitting it hornwith via nennenacr.pagna Sincoroly, l
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Paul l'.
"urnhy prrtilb Encionuro l
cc:
Michnol 01c.scr l
T.ontor l'ornbli th,.Tr.
En. moth A. Lunbho
.Tamon P. ":trray,.Tr.
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Lauranco.'t.
Scovillo EXIIIBIT A
UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of
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Construction Permits CONSUMERS POWER COMPANY
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(Midland Plant, Units 1
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Nos. 81 and 82 and 2) g[J '3 ? ' '
NOTICE OF FILING AND PROOF OF SERVICE TO:
Mr. Richard S.
Salzman Chairman Atomic Safety and Licensing Appeal Board U.S. Atomic Energy Commission Washington, D. C.
20545 Mr. Michael C.
Farrar Member Atcmic Safety and Licensing Appeal Board U.S. Atomic Energy Commission Washington, D.
C.
20545 Dr. Lawrence R. Quarles Member Atomic Safety and Licensing Appeal Board U.S. Atomic Energy Commission Washington, D.
C.
20545 Atomic Safety and Licensing Board Panel U.S. Atomic Energy Commission Washington, D.
C.
20545 Secretary U.S. Atomic Energy Commission ATTN:
Mr. Frank W.
Karas Chief, Public Proceedings Staff Washington, D.C.
20545 Mr. James P. Murray, Jr.
Chief Rulemaking & Enforcenent Counsel U.S. Atomic Energy Commisson Washington, D.C.
20545 John G. Gleeson, Esq.
The Dow Chemical Company 2030 Dow Center Midland, Michigan 48640
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2-Myron M. Cherry, Esq.
One IBM Plaza Suite 4501 Chicago, Illinois 60611 Laurence M.
Scoville, Jr., Esq.
Clark, Klein, Winter, Parsons
& Prewitt 1600 First Federal Building 1001 Woodward Avenue Detroit, Michigan 48226 PLEASE TAKE NOTICE that I have this day filed with the Atomic Energy Commission the Memorandum Of Consumers Power Company In Opposition To The Motion Of The Saginaw Intervenors For An Extension Of Time, a copy of which is hereto attached and herewith served on you.
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t Michael I. Miller One of the Attorneys for Consumers Power Company i
DATED:
October 15, 1974 ISHAM, LINCOLN & BEALE One First National Plaza, Suite 4200 i
Chicago, Illinois 60603 (312) 786-7500 ee e
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