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Submits Request for Institution of Proceedings & Assessment of Civil Penalties Against Cooperative & Finance Corp & Injunction to Prevent Sale of Part of Util
	ML19331A919
Person / Time
Site:	Fermi, Midland
Issue date:	05/03/1978
From:	Asperger R; AFFILIATION NOT ASSIGNED
To:	Case E; Office of Nuclear Reactor Regulation
Shared Package
ML19331A914	List: ML19331A913; ML19331A917; ML19331A919;
References
	NUDOCS 8007240502
	Download: ML19331A919 (2)
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May 3, 1978 Director of Nuclear Reactor Regulations Mr. Edson G. Case, Acting Director or the Director Nuclear Regulatory Commission Washington, DC 20555 Sir:

I hereby request that you hold the appropriate public hearings, after proper notice to the accused parties and ar-ter notice of right to intervene in public newspapers in the service areas of the Co-ops (Northern Michigan Electrical Co-operative, Inc. and Wolverine Electric Co-operative, Inc.)

and that you hold the Co-ops in violation of Federal law, the Atomic Energy Act and the Rules of the Commission.

Th is re-quest shall be consider,cd made under 10 CFR 2.20G.

This request shall be considered an extension of my re-quest of November 19, 1977, and my letter to you of December 21, 1977.

In those two documents I provided the evidence necessary to show that the Co-ops have become illegal owners of a nuclear power facility in overt and willful violation (in a nationwide pattern of such illegal purchases) of 10 CFR 50.10:

"... no person within the United States shall transfer or receive.

(emphasis added) in interstate commerce, manufacture, produce, trans-fer, acquire, possess, use import or any produc-tion or utilization facility except as authorized by a license issued by the Commission." (10CFR SS 50.10 (a))

I referred to this illegal " receiving" of ownership in Fermi 2 in my letter of November 19, 1977.

I also supplied all the evidence you used in your decision to notice Detroit Edison Co. in the Federal Register--a copy was attached in your letter of December 14, 1977 to me.

I hate also brought this illegal " receiving" of ownership to your attention in my letter of February 7, 1977, and I cited the violation of 10 CFR 50.10 (a) at line (1.

and I at that date, asked for an action under 2.20G (10 CFn).

Thus, I must conclude that you have been trying to protect the Co-ops from my complaint of illegal ownership.

I also request that you fine the Co-ops and their offi-cers 3100,000 each for deliberate, willful and overt violation of the Atomic Energy Act, both criminal and civil.

I hereby 8007240 70 2

Page 3 5 7-78 Director of Regulations include all references and evidence provided in mv letter to you (under 2.20G) of November 19, 1977, February ', 1977, 7

and December 21, 1977, and your letters of March ~, 1678 to Mr. licidel, Detroit Edison Co.; March 3, 1978 to me; Detroit Edison's letter to you of January 11, 1978 and the letters and attachments of the above, plus the letter and attachments from Mr. Marquardt of Edison to you, dated January,11, 1978.

This is a new filing specifically citing the illegal ownership (of the Co-ops of Fermi #2 in violation of 10 Ci'R SS 50.10 a) and the Atomic Energy Act.

I request action in ten (10) days, a reasonable time, since the facts are al-ready before you and you have had since February 1977--a year and one half--to act on this illegal action by the Co-ops and their officers and directors.

This complaint also extends to the National ibiral Util-ities Co-operatives Finance Corporation (CFC) who have as-sumed titles or mortgage of the Co-ops' property including Fermi #2 in exchange for some short-term financing.

Thus CFC is also in violation of 50.10 (a) 10 CFR, as are the Co-ops.and for the same reasons as cited above.

CFC took part of the ownership of Fermi #2 on or about February 8, 1977.

I also request that you seek a Federal injunction to prevent said Co-ops, CFC and the City of Lansing, Michigan Power and Light, from the near-term sale of part of the Midland Units one and two in a similar illegal sham.

This sale is about to happen at ar.y time and I request that you seek said injunction to prevent this clear and present danger to our health and safety in violation of 10 CFR SS50.10 (a), since said defendants are not licensed to be co-owners of MidlmW Units 1 or 2.

Said request is made according to 10 CFR 50.110 violations and 50.10 (a).

Dr. Robert G. Asperger 12 Dennis Court Midland, Michigan 48G 10 Day phone:

(517) G36-6282 or 63G-2309 b

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Distribution:

ket Files NRC PDR Local PDR EDO Reading NRR Reading LWR #4 File L. Gossick E. Case R. Boyd R. DeYoung D. Vassallo S. Varga D. Hood M. Service Attorney, ELD G. Ertter (#03797)

M. Groff E. Huges-L.- Dreher IE (3)

L. Gossick R. Dircks bec:

A. Rosenthal, ASLB J. Yore, ASLBP J. Buchanan, NSIC T. Abernathy, TIC ACRS (16)

S. Chilk, SECY (5)

J. Nelson, General Counsel J. Murray, ELD I

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.Dr. Rpbert G. Asperger ACTION CONTROL DT i d

' CONTROL NO.

.Ni~ land, Mich.

COMPL DEADLINE

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Q */ Q "7 Ack"o*'Eoo'. TENT viw I TO:

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INTERIM REPLY DATE OF DOCUf.iENT f/S //,2 a 5/3/78

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PREPARE FOR SIGNATURE Di r., I.'RR FINAL REPLY /f[ O. *,

FILE LOCATIG/J' gggg D ESCRIPTION O LETTEa O ' ett.50 0 REPORT O OTHER O EXECUTIVE DIRECTOR e

. OTHERr_

COSO SPECIAL lt.STRUCTIONS CR REMARKS Rcq action, pursuant to 10 CFR 2.206 re an illegal change in ownership of Fermi 2

& req a federal injunction to prevent a similar sale of part of Hidland 1 and 2 i

CLASSIFIED DATA ICCCur.*ErJT/00PY fdC.

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ML19331A919

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