ML19331A787

Forwards Nc Brown 771005 Ltr & Encls Re Facility Financial Impact on Dow Chemical Co for Review & Comment

ML19331A787
Person / Time
Site:	Midland
Issue date:	10/11/1977
From:	Griffin R SENATE
To:	NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA)
Shared Package
ML19331A785	List: ML19331A787
References
NUDOCS 8007230818
Download: ML19331A787 (6)

Text

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lElititch States $citate

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Respectfully referred to

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Congressional Liaison Nuclear Regulatory Commission I would appreciate a

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.- .. . . - . .,: . . >- review of the matter de-scribed in the attached F letter. Please send me an appropriate report and return the correspondence.

Thank you, a

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Il ROBERT P GRlffIll .. .. ___

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VUtility called ' dishonest s

l By SANDR A L DfCKEY .

Dady News staff writer Intervenots in s t a nces . that there may hate been opposing the nuclea r sim dar ploys w hich were successful' dred mdhon coHars worth as a punish.

pla n t h ere h.i s e asked the A t o m ic imdings Cherry said in hght of the boa rd's ment w euld w+rk an out of pr oportion I -

Safety and Lawnsmg Doard sanctions should be imposed provide the injustice on thou who penalare Consum er s Power t ASI H) to against Consumers w di ultimately for its "outr uvd money

• the boa r d' contin-hearmg on thewhr dishonesty" phnt during aCompany is "l he board a suspicson. esen a ha vmg found that there .

r Cherry callrd the boa r d 's

?n a letter. Intersenor atterney My- that unres caled dnhonestpresumpimn.

j ploys have 'a rule of la w w hich icwards decision

< alled f ir ac tion agamst b+ en successful I should thmk that the esty and mnney and doesn i do dishon-ron M the Cherry utihty hawd i on fmdmgs in the board has to move further on that t iomuch to en ourage pubhc scry board's hept 23 decision. score. ' Cherry said. n.' participa- t

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In that dechi"n. which effectively al- Mea n w hile. Consumer s has re lowed construrtmn to contmue theat quested that the ASLH delete language # ,,I wa cannot help y conylude Wat we plant. the AStit made several com- in the decision which " suggests that lot o unw Cherry said.

ments about Consumers' " questionable we were tryin <>

pletely to be pen. lessg than com- ".That " " " " dectuon

" " ' * " "imds for the I n t e r- .

tartscs" durmg the hearmg according to sue. W "" * ""I d I '

spokesman. Michael Koschik, u t ilit y ut Wn llowever. the So .d did not judge that the inophobly conc ludes j h Consumers guilty nf wrnngdoing or i j- - '

"We are askmg them to consider re- um Licensing Board is powerless __ '

3~ pose sanctions against the company. m- moving that language from the or- y any of the defects because """"" wresar_w - {

The board sa f the amount of money that has been WE3)

(f that Consumers id there was evidenceder,"Koschik said. "Obviously we do 'E,$"

not agree miht that part of the order..

- Atti mpte d in keep "importa nt In spite of the board's statements. it " Every utility which has a construc- ,,

facts from the board. did not penalize Consuemrs in the dect' t

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- Wa nted to " finesse *, sion making process. h I

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with Dow ( hemical ( ompany.the dispute The decision to (

- Proposed a -rinue every utdity -is that if they spend that 8 f [1 strategy to " drag was made in large pas t construction money fast enough not even a Court of II ' #V~ D2 'k feet" in the hearing process as long asmdlion already spent on building construction contmued plant (sunk costs), the ASLH said.

herause of 5600 mented' the* Appeals decision can be fairly -

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flowes er, previous decisions ' 4' .':' N. *g"q k -lY I

- Tried to obtam a Dow witness who by the Cherry referred to the court decision *M ,

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., $' I w- . ; 'e-dispu'e The dispute refers to(NRC) I)ow's de-was not aware ofnotthe Dow considerConsumers Nuclear '

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4. Com J mission Q' b - ' 4ll in July IU6 say sunk costs should not be adequately enviorniaental ' ,.

casion that the nuclear plant would be considered when " adverse" informa. issues in giving Consuemrs a license to - pg dnadvantageous to the company and a tion has been withheld by a Licensee

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Midland plant. The court or- : n- * ~

budd the dered more 4 g%.. ., ~, . , '. a --

threat by Consurners of a 5600 milhon -

1. pps G-law suit- The "may tivities boardbestatesthe kinds. that Consumers' c. have a. taken place. hearings none of which I' [ ] ',.

re None of these proposed strategems Commission (NRC) had in mind in de- .that the Cherry also asked the ASLB to post- 4

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f ,D.g "Of rourse successful." the board s t a t ed. sunk there remams scrthing the situation where the use of pone scheduling the remarded hear. 7 . ), * ' ,.g costs is unjust- If so, we decline args for at least 30 days so that the In-the suspi-cion. raised by the disclosure of these in this instance to ignore sunk costs / terrenors could " consider our other .3, e g

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i "We think that to ignore several hun- Court of Appeals." options, includmg going directly to the . 6,# f*u  ;!

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WbSie Seen QS ViiOl dent's By STAN BENJAMIN WAhlflNGTON (AP) - The Presi, Council on Ensironmental ity s;nd today that the na tion should standstill in the past two years .

beca u se he Qual-said. of serious, unsolved prahlems, partly safety he said.contamed for geologic periods ' .

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l-prose it can d o.p<we of Speth said one of i radioac tis e the most wrious tingSpeth said the council propo .ed set-two deadlinee wastes power plants. safety. or stop building nuricar problems is the unresolved question of first, to devise s

a The what to and reactors ith radioactive waste way do wfuel fromto dispose of nuclear wastes I gos ernment enuncil recom mended that the processing pla nts, safely. then to try the method and dem-strate that itset a deadline to demon- which must be isohted for as long as a onstrate that it works.

w astes ran get rid of nuclear half milhon s cars.  ?

without endange ring the puhhc We thus If either nuclear deadime is missed.

power licenses would be is-

"no new ,

sued.'

health.pobey It also ralled for adoption of a whichfavor woulda national makedecisimi the expanded use of national to change the base of nuclear power contingent on a cl( ar mean bannmg the start of constructionhe said. That would ef the economy fuels to solar energy from nuclear and fossil po wer and

's convincing showing ... that wn new nuclear nuclear power plants until the deadly by products can be ste disposal problem is solved.

byThe' counc recommendations il were unveiled But Speth also said the council is not happy 7 member Gus Speth, in a with coal as a major power 7 spers h prepared for delivery at a con. plant a

lution fuel, because of its significant pol-probiems. $

ference of the American I.a'w Institute '

and Speththe s.od American in an Bar Association. For that reason, he said, the council was . inter vie w that he mcommended amending present nucle

• pe d mc for the three member

! council. w hose function is t : advise the President on environmentalsues. is makes debut Toda utility applying to build a new powerar licensing requirements lone wo Id h ve 1o shew hot ther-lie said the recommendations has e "y N Midland Daily News fea was no feasible conservation or solar tures.

been circulated et.in the Carter ad Invitatmn to Sight and Sound .- alternative for satisfying the projected

( tried to brng them to the President'smimstration personal attention.

and gallery events in Midland.a bot t'eeincre special Speth.

se in electrical demand.'

council said has that innot supplement the long yet ofrun, theater the mus'ic r i

Spe nation should tarn away from both nu-a former citi7en environmen- onThe contains tabloid contains new programs a calendarand performers. feature stories clear and coal energy and rely mort It heavily on energy from the sun.

tal . crivist. said in his speech that the for r" (! car industry is in trouble. Power R ecent developments indicate th pia n t year as well as news stories on the Mid-the coming orders have come to a near- land Center for the Arts and its pro- factoreg,my solar can beconn a signi gra m s. much more rapidi g heen considered possible,g than adding: be se 1

"The time is ripe for a rLational #

icy recognizing solar as our highet pd .

' ority energy supply option and MM thebased one transformat6on increasingly oe the ofsash our ecoa88BJ W O

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l By SANDRA L. DICXEY Daily News staff writer Dow Chemical Company's Michigan Division is stdl counting on the Mid-s_. . ,- .* . - . ,' s. . .  :. , . , ' _ . .

' land nuclear plant to provide its source of power by early 1952 e

ager Hunter W. Henry In res aid s. General Ma today.

" News. ponse to questions by the Daily Henry issued a statement chase process steam from th The statement came four days after the federal Atomic Safety and Licens-ing Board (ASLB) released its decision j- allowing continued construction of the plant.

"Dow

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• is relying on statements of Consumers Power Company that proc.

F Midland nuclear plant in Marc -

its energy plans accordingly."

"The recent decision of the ASLB continue construction pending the re-3 manded hearings fon environmentalis-sues) pletion of the plantremoves an obstacle to

" ' ~ ~~ ~ - -- - Henry continued. by that date."

• The AS lengthy and LB decisionhearing, controversial followed dur-a ing which Daw's intention to purchase

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tioned repeatedly by attorneys. s Dow witnesses e' '

F ed a picture of two comat the hearing paint-Internall is smar.y while keepans panies fightip artraendiv rab-The witneves. Dow U S. A. Presi-ent Paul F. Oreffice, and former divi-Temple Jrsion General Manager Josdph G Jgnger wou., said Qnuclear plant nq, r ld be an advantage tN *

' / Ace'EddiDo7mple currMitTy ITo/

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U.S.A. director of marketing. the w com.

pany's decision to remain committed T5SMO 3 liGefear steamthrsterie'd millionMsuit

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was marelecau by

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%lh Dow Tifficials $diTth3 confidence that the nuclear plant would be built by 1982 for a cost of 67 billion.

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~ ~ ~ ~ $pAlso during the h g earing. Dow at' 4.- .' . s s torneys was told athe considering ASLB lawsuit againsttheCon-compan sumers on contract / the validity of a 19M steamy r-The c6ntract estimates the plant's'op. .

j eratior. date at March 1930, but Con-The utility later announced the co npletion for I 1931-82.

Meanwhile. Dow has agreed to con-

, form by 19R0 to strict air pollution

- _j standards Air imposed by the Michigane_._.

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, (MAPCC). Pollution Control Commission The a tlated company new since then has nego-7 agreement with the

( 7 MAPCC cleaner in which burmng oil as aitfuel must switch for the di- to 1 vision power plants in 1980. The com-

) pany then will burn oil until nuclear

, steam is available in 1982.

' lion in capital improveThe oil switch will creasing the enmpany'ments plus m-bil 77 I - - - ~.vs annual*tyfuct o"f 5 '

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