ML19331A933
| ML19331A933 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 07/10/1979 |
| From: | Hoefling R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8007240524 | |
| Download: ML19331A933 (5) | |
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j UNITED STATES OF AMERICA S,'
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NUCLEAR REGULATORY COMMISSION 7
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD vt y.
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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(Operating Licenses Proceeding)
NRC STAFF RESPONSE TO MOTION OF CONSUMERS POWER COMPANY THIS DOCUMENT CONTAINS TO ESTABLISH SCHEDULE P00R QUAUTY PAGES By its motion dated June 20, 1979, Consumers Power Company (Consumers) moved this Atomic Safety and Licensing Board (Licensing Board) to adopt a schedule to govern further proceedings in this matter.
For the reasons given below, the Staff $vould urge that the Licensing Board deny the motion to the extent directed to the safety phase of this proceeding and to hold in abeyance the portion of the motion directed to the environmental phase of this proceeding, pending the issuance by the Staff of its Draft Environmental Statement (DES).
The current Staff efforts to complete the safety and environmental documents in this matter can be summarized as follows:
Effort is be.ing expended in completing l
the DES as time permits and that document is currently targeted' for completion 1
by the end of 1979. The Staff would suggest that upon issuance of. the Staff's DES, a prehearing conference be scheduled to determira the further course of the environmental phase of this proceeding and that one of the issues to be explored at that prehearing conference would be the feasibility and advisability of a separate hearing on the environmental issues'which are before this Board.
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With regard to the Staff's ongoing sa fety review and the issuance of the Staff's Safety Evaluation Report (SER), both the Staff's extensive commitment to the issues which have been raised by the Three Mile Island incident and the l
complexities associated with the Midland safety reviewl make it virtually impossible to identify a target date for the issuance of the Staff's SER. The Staff would note that one of the subjects of its SER would be the site settlement quetions to.which Consumers makes reference in Paragraph 3 on page 2 of its motion. The Staff does not envision issuing a partial SER covering this topic which would "... issue in the same approximate time frame now contemplated for issuance of the DES".
Ibid.
Rather, this subject will be treated in the Staff's SER when it issues.
In conclusion, to the extent that Consumers' motion seeks to establish a schedule leading to hearings on any safety issues, such a motion should be denied as premature, fio target date is available for use in such scheduling endeavors. fio partial SER is contemplated by the Staff on the site settlement issue. The time is simply not ripe for any scheduling activities relative to the safety phase of this proceeding.
With regard to the environmental phase of this proceeding, Consumers' suggestion that a separate environmental hearing may expedite the proceeding seems to be an alternative worthy of exploration at a prehearing conference which could i
l 1] It should be noted that the Midland Facility is similar in design to the Three Mile Island Facility and that further complications have arisen due i
l to site settlement questions which were first noted in the area of the diesel generator building.
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h, be scheduled following the issuance of the Staff's DES. At that prehearing g
conference, this and other questions related to finalization of contentions, termination of discovery, and the filing of appropriate motions prior to hearing could be explored.
Respectfully submitted,
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Ri hard K. Hoefling Counsel for NRC Staff Dated at Bethesda, Maryland
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this 10th day of July,1979.
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9 UNITED STATES OF AMERICA NUCLEAR REGULATORY C0:0iISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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l 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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(Operating Licenses Proceeding)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO MOTION OF CONSUMERS POWER COMPANY TO ESTABLISH SCHEDULE", dated July 10, 1979, in the above-captioned proceeding, have been served on the following by deposit in the United States mail, first class, this 10th day of July,1979.
l Ivan W. Smith, Esq.
Ms. Mary Sinclair Atomic Safety and Licensing Board 5711 Summerset Street U. S. Nuclear Regulatory Comission Midland, Michigan 48640 Washington, D. C.
20555 Michael I. Miller, Esq.
Mr. Lester Kornblith, Jr.
Ronald G. Zamarin, Esq.
Atonjic Safety and Licensing Board Martha E. Gibbs, Esq.
l U. S. Nuclear Regulatory Comission Caryl A. Bartciman, Esq.
I Washington, D. C.
20555 Isham, Lincoln & Beale l
One First National Plaza j
Dr. Frederick P. Cowan 42nd Floor e
j 6152 N. Verde Trail Chicago, Illinois 60603 i
Apt. B-125 j
Boca Raton, Florida 33433 Atomic Safety & Licensing Board Panel U. S. Nuclear Regulatory Comission Frank J. Kelley Washington, D. C.
20555 Attorney General of the State of Michigan Stewart H. Freeman Atomic Safety & Licensing Appeal Panel l
Assistant Attorney General U. S. Nuclear Regulatory Comission Gregory T. Taylor Washington, D. C.
20555 Assistant Attorney Generals Environmental Protection Division Docketing and Service Section 720 Law Building Office of the Secretary Lansing, Michigan 48913 U. S. Nuclear Regulatory Comission Washington, D. C.
20555 i
Myron M. Cherry, Esq.
I 1 IBM Plaza Chicago, Illinois-60611 O
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,y Judd L. Bacon, Esq.
R. L. Davis, Es q.
Consumers Power Company J. E. Dicks, Esq.
212 ' Jest Michigan Avenue L.' F. flu te, Es q.
Jackson, Michigan 49201 The Dow Chemical Company.
t Legal Dept., 47 Bldg.
Midland, Michigan 48640 Hendell Marshall Route #2 Midland, Michigan 48640 fir. Steve Gadler 2120 Carter Avenue St. Paul, Minnesota 55108 4
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!',FI2vl Y'Y 1 Richard K. Hoefling Counsel for NRC Staff I
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