ML19331A955

Informs That 781128 Brief Contains Factual Error Re Steam & Electric Rates Under Contract Between Util & Dow Chemical Co.Provides Info to Correct Statements in Brief

ML19331A955
Person / Time
Site:	Midland
Issue date:	11/29/1978
From:	Gibbs M ISHAM, LINCOLN & BEALE
To:	Cowan F, Kornblith L, Smith I Atomic Safety and Licensing Board Panel
References
NUDOCS 8007240541
Download: ML19331A955 (1)

Text

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A ISHAM, LINCOLN & BEALE COUNSELORS AT LAW ONE FIRST NATIONAL PLAZA FORTV-SECONO FLOOR CNICAGO,lLLtNOeS 60603 TELEPHONE 3t2-788-7500 TELEM:2*S288 WASHINGTON OFFICE 1080 f F_* STOECT. N w.

SEVENTH FLOOR November 29, 1978 "^*" "U2i di'O aO

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llM/ W Ivan W. Smith, Esq Mr. Lester Kornblith, Jr.

Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. Frederick P. Cowan 6152 N. Verde Trail Apt. B-125 Boca Raton, Florida 3342-Re: Consumers Power Company (Midland Plant, Units 1 and 2) -

Docket Nos. 50-329, 50-330 Gentlemen:

Pursuant to this Atomic Safety and Licensing Board's Order of November 13, 1978, Consumers Power Company filed a brief on November 28, 1978, which addressed matters related to the supplemental contentions of Ms.

Mary P. Sinclair and Mr. Wendell H. Marshall, and one other question posed by the Licensing Board's Order. Soon after'the brief was mailed, it was discovered that it inadvertently contains a factual error which relates to the steam and electric rates under the contracts between Consumers Power and The Dow Chemical Company. The error appears in the response to contention 9 at page 16, the response to contention 11 at i pages 18-19, and the response to contention 15 at page 21. This letter is intended to correct the statements relating to steam and electric .

rates which appear at those pages.

I With respect to the electric rate, Dow will be charged for electricity at a generally available rate approved by the Michirsn o Public Service Commission. However, contrary to what is stated in 1:ae brief, the steam rate itself may or may not be subject to'the jurisdiction of the Michigan Public Service Commission. Nevertheless, the steam rate will be subject to MPSC scrutiny to ensure that that rate does not' favor Dow at the expense of Consumers Power's electric customers. That being the case, the conclusions stated in the brief regarding the question of rates remain valid.

Very truly yours, j 0,k 5- b6 MEG bc Martha E. Gibbs -

One of the Attorneys for cc: Service List Consumers Power Company 8007240 g Q I

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