ML19331A589
| ML19331A589 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 03/12/1977 |
| From: | Cherry M CHERRY, M.M./CHERRY, FLYNN & KANTER |
| To: | NRC COMMISSION (OCM) |
| Shared Package | |
| ML19331A587 | List: |
| References | |
| NUDOCS 8007180666 | |
| Download: ML19331A589 (4) | |
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UNITED STATES OF AMERICA 2
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NUCLEAR REGULATORY COMMISSION 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 (Midland Plant, Units 1 & 2)
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MOTION FOR IMMEDIATE SUSPENSION OF CONSTRUCTION Intervenors other than Dow Chemical Co. hereby move the Commission to immediately suspend the license of Consumers Power Co. to continue to construct the Midland Nuclear Facility.
This Motion is made at this juncture for the following reasons:
1.
Earlier these Intervenors moved the Commission to halt construction as a matter of law, because of the Court of Appeals' decision in Aeschliman v. N.R.C.,
in July 1976.
We are still of the belief that construction must be halted as a matter of law in order to protect the integrity of the remanded hearings.
Furthermore, it is now quite clear, from a consideration of the entire record at this juncture in the prgceedings, that construc-tion must be stopped from a factual standpoint.
2.
Consumers Power Co. has finished its direct case and the Regulatory Staff has finished its direct case.
Even if the Commission is unwilling to make judgments at this juncture totally in favor of Intervenors, a review of the record shows nonetheless more than sufficient information to demonstrate that Consumers' position is not supported and that detailed deliberations by this Commission are necessary both in the area of power needs and with 8007180 g
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. regard to Dow Chemical Company's drastically changed circum-stances.
The information thus far shows that further detailed hearings are absolutely necessary.
3.
Those hearings should be unfettered and uncompromised by the continuation of construction.
The evidence thus far shows that Consumers ' need for power arguments are not supported, and that, based upon the facts as they exist now, Dow Chemical Company would not sign a contract with Consumers if it had that option.
The fact that a contract has already been signed is not controlling, since the signing of the contract cannot countermand the under-lying mandate of NEPA, which requires a full, up-to-date assessment of the facts.
4.
Intervenors offer their motion to halt construction once again at this time because Consumers ' attempts to stop this proceeding are not only erroneous in law but (as we have demon-strated in our contemporaneous filing in opposition to any stay of the proceedings) are also grounded in dishonest and manipulative tactics, as has been Consumers' participation in the remanded hearings from the outset.
5.
The grant of a license to continue construction is a privilegu, not a right.
Consumers has forfeited that right by its total and complete lack of candor and dishonesty, and by its inability to support its position in these suspension hearings.
6.
It is almost one year now since the Court of Appeals mandated these ongoing hearings.
This Commission has permitted Consumers to spend hundreds of millions of dollars in pursuit of E------- ---
. an ill-fated. project which is not necessary to the community of Midland and which in fact jeopardizes the entire electrical supply in Michigan.
The Commission must bite the bullet in terms of fairness, and immediately halt construction, since it is clear on the record thus far that Dow Chemical is prepared to wait until 1984 for the completion of the facility.
That means that Consumers can halt construction, according to its own figures,
and still meet Dow's deadline in the event that remanded hearings take that long and Consumers is successful.*
For all of these reasons, and on the basis of the entire record, we ask the Commission to stop construction immediately.
Respectfully submitted, I
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r 'C nsel for I ervenors (oth r lthan Dow emical C.)
Myron M. Cherry Suite 4501 One IBM Plaza g
Chicago, Illinois 60611 (312) 565-1177
- The recent discovery by Consuners of severe problens in construction of the pressure vessel indicate that Consumers itself is going to suffer delays which will take it beyond its own suggested schedule date.
To halt construction now will only recognize the fact that Consumers cannot meet its own construction senedule, and may not have funds sufficient to complete the project.
The time to conduct an orderly re-examination of L
Consumers' situation is now, before additional millions of
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CERTIFICATION I certify that six copies of the foregoing opposition as well as Intervenors ' accompanying Motion for immediate suspension of construce. ion were mailed postage prepaid and properly addressed special delivery to the Secretary of the Commission on March 12, 1976 and that copies were sent on the same date to counsel for the regulatory staff Consumers Power and Dow Chemical Company.
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