ML19331A888
| ML19331A888 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 06/14/1977 |
| From: | Hoefling R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8007230919 | |
| Download: ML19331A888 (4) | |
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UN1 f ED STATES OF AIERICA NUCLEAR REGULATORY CO:. MISSION BEFORE THE ATOMIC SAFETY AND LICEilSING BOARD In ti'e Matter of,
CONSUMERS POWER COMPANY
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Docket Nos.J-329
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Su-adu (Midland Plant, Units 1 and 2)
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NRC STAFF ANSWER TO "MOTI0tl 0F CONSUMERS POWER COMPANY FOR ORDER ESTABLISHIt!G A SCHEDULE FOR THE REMANDED PROCEEDINGS" By its motion of June 1,1977, Consumers Po,ter Company (Consumers) requested that the Atomic Safety and Licensing Board (Board) adopt a schedule for the remand " proceeding.
By letter dated June 2,1977, All Int rvenors Other Than Dow (Intervenors) objected to Consumers' Motion.
The Staff generally supports Consumers' Motion that a schedule be cdopted to control the remanded proceeding.
However, an effective schedule cannot be planned before the Board reaches a decision on the suspension question. / The Staff would support an expedited schedule to establish contentions and to file testimony.
Since the schedule for the renanded proceeding should be closely tied to the Board's decision on the sus-pension question, the Staff can make no concent on the specific dates presented by Consumers in its motion.
The Staff views the remand proceeding to be contro'ied, in laige measure, by the Board's decision on the sus-pension issue because litigation should be limited to those issues on U
This is also one of the vie.s expressed by Intervenors in their June 2, 1977 letter to the Board.
THIS DOCUMENT CONTAINS POOR QUAUTY PAGES
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.. which an adequate record has not been developed and on which the Bcard does not make explicit findings in its suspension decision.
Following this Board's decision.on the suspension issue, an expedited schedule
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. and objections to contentions. A prehearing conference should then be scheduled to rule on-contentions and establish a schedule for the filing of testimony and the commancement of the hearing.
Respectfully submitted,
/d tr RichardK.Hoefl}dg Counsel for NRC staf Dated at Bethesda, Maryland 4
i this 14th day of June,1977.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 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 and 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF ANSWER TO ' MOTION OF CONSUMERS POWER' COMPANY FOR ORDER ESTABLISHING A SCHEDULE FOR THE REMANLED PRO-CEEDINGS'" dated June 14, 1977 in the above-captioned proceedirg, have been served on the following by deposit in the United States mail, first class or air mail, this 14th day of June,1977:
Fre eric J. Coufal, Esq., Chairman Honorable Curt T. Schneider Atomic Safety and Licensing Board Attorney General U. S. Nuclear Regulatory Commission State 3f Kansas Statehouse Washington, D. C.
20555 Topeka, ?ansas 66612 Dr. J. Vena Leeds, Jr.
Ms. Mary Sinclair Atomic Safety and Licensing Board 5711 Summerset Street 10807 Atwell Midland, Michigan '48640 Houston, Texas 77096 Harold F. Reis, Esq.
Dr. Emmeth A. Luebke Robert Lowenstein, Esq.
Atomic Safety and Licensing Board Lowenstein, Newman, Reis &
U. S. Nuclear Regulatory Commission Axelrad Washington, D. C.
20555 1025 Connecticut Avenue Washington, D. C.
20036 Myron M. Cherry, Esq.
1 IBM Plaza L. F. Nute, Esq.
Chicago, Illinois 60611 Dow Chemical, U.S.A.
Michigan Division Judd L. Bacon, Esq.
Midland, Michigan 48640 Consumers' Power Company 212 West Michigan Avenue Mr. Steve Gadler Jackson, Michigan 49201 2120 Carter Avenue St. Paul, Minnesota 55103 e
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, R. Rex Renfrow, III, Esq.
Atomic Safety and Licensing David J. Rosso, Esq.
Appeal Panel Isham, Lincoln & Beale U. S. Nuclear Regulator' Commission One First National Plaza Washington, D. C.
20555 Suite'4200 Chicago, Illinois 60603 Docketing and Service Section Office of the Secretary Atomic Safety and Licensing U. S. Nuclear Regulatory Commission Board Panel Washington, D. C.
20555 U. S. Nuclear Regulatory Commission Washington, D. C.
20555 Norton Hatlie, Esq.
Attorney-at-Law P. O. Box 103 Navarre, Minnesota 55392 I
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R'ichard K. Hoefling f/
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Counsel for NRC Staff-V I
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