ML19331A920
| ML19331A920 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 09/01/1976 |
| From: | Malsch M NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| ALAB-271, NUDOCS 8007240504 | |
| Download: ML19331A920 (4) | |
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' UNITED STATES OF AMERICA dVCLEAR REGV.LATORY COMMISSION SLP sh BEFORE THE ATOMIb SAFETY A"D LICENSING /**:" ~~~ 3
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4 In the Matter of CONSUMERS POWER COMPANY Cocket Nos. 50-329 /
~330 (Midland Plant, Units 1 & 2)
NRC STAFF PETITION FOR ORDER DIRECTING CERTIFICATION 1.
Pursuant to the procedure set forth in public Service Co. of New Hampshire (Seabrook Station, Units 1 and 2), ALAB-271, NRCI-75/5, 478(May21,1975)E the Nuclear Regulatory Commission Staff (Staff) respectfully requests that the Atomic Safety and Licensing Appeal Board (Appeal Board). direct certification to it of that portion of the Atomic Safety and Licensing Board's (Licensing Board) Memorandum andOrder(Order)datedAugust 30, 1976 which denied staff's motion for an extension of time to file briefs on the question of suspension of the Midland permits until an interim. fuel cycle rule becomes
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effective.
The Staff is aware that the Appeal Board looks with disfavor upon inter-locutory appeals from Ligensing Board rulings. However, the Appeal Board has enunciated a standard that allows certification under circumstances where "failing a certification, the public interest will sufferorunusualdelayorexpensewillbeencountered."2f The i
See also Toledo Edison Co. (Davis-Besse Nuclear Power Station, Unit 1),
1/ 'XEXbW, NRCI-75/ll (November 5,1975).
2] Public Service Co. of New Hampshire, supra, at 483.
THIS DOCUMENT CONTAINS
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POOR QUAUTY PAGES 8007240 SQ g d'.
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m 2-Staff believes that the circumstances of this case r'eet this standard and that the Appeal Board should issue on Order for certification of the request for additional time.
As we pointed out in our motion to the Licensing Board, the Appeal Board is in a position to offer guidance regarding the legal frcmework for resolution of the suspension question in fitdland because of the
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pendancy before another panel of the Appeal Board of a motion for a stay of the construction permits' in the Seabrook proceeding.E The Licensing Board's denial of the Staff's motion for an extension on the ground that the issues in Midland and Seabrook are different is clearly erroneous in this regard. The development of a consistent legal framework for resolution of the suspension question is clearly 1
required in the public interest. Filing of briefs before the Licensing Board in the instant case will involve unnecessary time and effort if, as even intervenor concedes,42 ecisions by the Appeal Board in d
Seabrook are controlling in Midland.
Respectfully submitted.
&$w Martin G. Malsch Counsel for NRC Staff Dated at Bethesda,-Maryland this 1st day of September,1976.
y See Appeal Board's " Order",'Public Service Company of New Hamoshire, et al. (Seabrook Station, Units 1 & 2), dated August 24, 1976.
4f See Staff's Motion for extension of time, page 3.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of CONSUMERS POWER COMP.ANY
)
Docket Nos. 50-329
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50-330 (MidlandPlant, Units 1and2)
)
CERTIFICA'E OF SERVICE I hereby certify that copies of "NRC STAFF PETITION FOR ORDER DIRECTING-CERTIFICATION" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or air mail, or, as indicated by an asterisk,,through deposit in the Nuclear Regulatory Commission's internal mail system, this 1st. day of September, 1976:
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- Set:retary Irvirig Like, Esc.
Atomic Safety and Licensing Reilly, like anc Schneider Appeal Panel 200 West Main Street U. S. Nuclear Regulatory Commission Babylon, New York 11702 Washington, D. C. 20555 Howard J. Vogel, Esq.
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- Daniel M. Head, Esq., Chairman Knittle & Vogel Atomic Safety and Licensing Board 814 Flour Exchange Building Panel Minneapolis, Minnesota 55415 Washington, D. C. 20555
. James A.- Kendall, Esq.
Dr. J. Venn Leeds. Jr., Esq.
Currie and Kendall '
10807 Atwell 135 North Saginaw Road Houston, Texas 77096 Midland, Michigan 48640 Myron M. Cherry, Esq.
Judd L. Bacon, Esq.
1 IBM Plaza Consumers Power Company Chicago, Illinois 60611 212 West Michigan Avenue Jackson, Michigan. 49201 Harold F. Reis, Esq.
Lowenstein, Newman, Reis & Axelrad William J. Ginster, Esq.
1025' Connecticut Avenue Merrill Building, Suite 4 Washington, D. C. 20036 Saginaw, Michigan 48602 Honorable William H. Ward Milton R. Wessel, Esq.
Assistant Attorney General
~J. Richard Sinclair, Esq.
State of Kansas Kaye, Scholer, fierman, Hays Topeka, Kansas 66612
& Hand 425 Park Avenue New York, New York 10022 r--
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- Dr. Emmeth A. Luebke. Esq.
Honorable Curtis G. Beck Atomic Safety and Licensing Board Assistant Attorney General Panel Seven Story Office Building U. S. Nuclear Regulatory Commission 525 West Ottawa Washington, D. C. 20555 Lansing, Michigan 48913 James N. O'Connor, Esq.
Anthony Z. Roisman, Esq.
The Dow Chemical Company Roisman, Kessler and Cashdan 2030 Dow Center 1712 N Street, N. W.
Midland, Michigan 48640 Washington, D. C. 20036 Grace Dow Memorial Library Docketing and Service Section Office of the Secretary 1710 West St. Andrew Road U. S. Nuclear Regulatory Commission Midland, Michigan 48640 Washington, D. C. 20555 Atomic Safety and Licensing Appeal Atomic Safety and Licensing Panel Panel U. S. Nuclear Pegulatory Ccmmission U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Washington, D. C. 20555
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- -- % s N.
n-J. M. Cutchin IV Counsel for NRC Staff O
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