ML19331B034
| ML19331B034 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 01/28/1977 |
| From: | Coufal F Atomic Safety and Licensing Board Panel |
| To: | DOW CHEMICAL CO. |
| References | |
| NUDOCS 8007250732 | |
| Download: ML19331B034 (6) | |
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UNITED STATES OF AMERICA b
p NUCLEAR REGULATORY COMMISSION In the Matter of 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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MEMORANDUM AND ORDER At the recent hearing in Chicago, the Board denied Intervenor Dow's request to withdraw from this proceeding (Tr. 1146-1248, 1499).
This memorandum and order supple-ments that order of the Board.
The reason for past and present denials of Dow's motions to withdraw follows.
This Board, acting for the
. Commission, has been ordered "to take into account the changed circumstance regarding Dow's need for process steam, and the intended operation of Dow's fossil-fuel I
generating facilities" (See Aeschliman, et al. vs. USNRC, July 21, 1976, slip opinion at 21).
Dow has stated that as a party, it has the obligation to bring forth information that it would not be obliged to produce as a mere bystander.
(See Tr. 1255-56.)
We agree.
Without Dow, the record might be incomplete.
(See Tr. 1269-1279.)
l The Board is not an " umpire calling balls and strikes" for adversaries appearing before it.
The public interest 8oonso 73 7 s
.....us I
must receive active and affirmative protection at the hands of the Commission.
In order to accomplish this, the record must be complete.
(See Scenic Hudson Preser-vation Conference v. FPC, 354 F.2d 608, 620 (2nd Cir.
1965), cert den. 384 U.S. 941 (1966); Office of Communica-tions of United Church of C,hrist vs. FCC, 425 F.2d 543, 548 (D.C. Cir. 1969); see also Tr. 1275.)
Furthermore, the universal practice before the Commission has been to require that parties keep the Board informed of changing circumstances:
"It cannot be overemohasized that it is of ut-most importance for parries to kee') the Board abreast of changing circumstances '3 earing on their cases."
Duke Power Company (Catawba Nuclear Station, Units 1 and 2), ALAB-355, NRCI-76/10, footnote 26 at 406 (1976).
(Emphasis added.)
Dow is the only party that has firsthand knowledge of Dow's changed and changing circumstances.
With-out Dow as a party, the Board might not have a complete record upon which to base its decision.
IT IS THEREFORE ORDERED:
(1)
That Dow's motion to withdraw as a party is denied; l
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(2)
That Dow is ordered to actively and affirm-atively participate and to inform the Board
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of any circumstance which may bear on its
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need for process steam, its intended opera-tion of its fossil-fuel facility, and any other matter relating to the suspension or remand proceeding; and (3)
That the parties other than Dow shall treat Dow as a party in all respects.
- g THE ATOMIC SAFETY AND LICENSING B0 0
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' Frederic Jtr Coufa(, Chairmat j'
l' Dated at Bethesda, Maryland,
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this 28th day of January, 1977.
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z 79 U:!ITED STATES Or A !ERICI NUCt. EAR REGULATonY CO:':11SSION l1 ~
In the ::atter of-
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CONSD:ERS PO'. ER CO::PANY '
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Docket No.(s) 50-329
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50-330 9= =
(Midland Plant,_ Unit Nos. I and 2)
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CERTITICATE OF SEi".*TCC 1 hereby certify th:t I have this day served the foregoing document (s)-
upon et.ch person designated on the offici:1 service' list ccepiled _by
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the Of fice of the Secretary _of the Cornission in this preceedin; in accordance with the requirements of Section 2.712 of 10 CFR Part 2 -
Rules of Practice, of the Nuc1 car Regulatory Cornission's Rules and Regulations.
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Dated at i shington, D.C. th s J/1-day of 197 v
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aonka ii Of fice of ' he Secretary og the Cormission t
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(
I UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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In the Matter of
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CONSUMERS POW.R COMPANY
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Docket No.(s) 50-329
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50-330 (Midland Plant, Units 1 and 2)
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SERVICE LIST Frederic J. Coufal, Esq., Chairman Atomic Safety and Licensing Board U.S. Nucicar Regulatory Commission Washington, D.C.
20555 Dr. Emmeth A. Luebke James A. Kendall, Esq.
Atomic Safety and Licensing Board Currie and Kendall U.S. Nuclear Regulatory Commission 135 North Saginaw Road Washington, D.C.
20555 Midland, Michigan 48640 Dr. J. Venn Leeds, Jr.
Judd L. Bacon, Esq.
10807 Atwell Consumers Power Company Houston, Texas 77096 212 West Michigan Avenue f:
Jackson, Michigan 49201 Office of the Executive Legal Director Counsci for NRC Staff William J. Ginster, Esq.
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U.S. Nuc1 car Regulatory Commission Merrill Building, Suite 4
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Washington, D.C.
20555 Saginaw, Michigan 48602
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Myron M. Cherry, Esq.
Milton R. Wessel, Esq.
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One IBM Plaza Dow Chemical I-
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Chicago, Illinois 60611 4 Littic Lanc White Plains, New York 10605 t
Harold F. Reis, Esq.
L Lowenstein, Newman, Reis & Axelrad Honorable Curtis G. Beck j
1025 Connecticut Avenue, N.W.
Assistant Attorney General
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Washington, D.C.
20036 State of Michigan Seven Story Office Building j;
Honorable Charles A. Briscoe 525 West ottawa F
Assistant Attorney General Lansing, Michigan 48913 State of Kansas Topeka, Kansas 66612 Lee Nute, Esq.
Michigan Division Irving Like, Esn.
The Dow Chemical Company Reilly, Like and schneider 47 Building 200 Weat Main Street Midland, Michigan 48640 Babylon, New York 11702 9
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50-329, -330 page 2 i
Anthony Z.iRoisman,'Esq.
.Roisman,-Kessler and Cashdan I,
1025 - 15th Street, N.W.
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Washington, D.C.
. 20005 David J. Rosso, Esq.
R.. Rex Renfrow, III, Esq.
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Isham, Lincoln & Beale 1050 --17th Street, N.W.
Washington, D.C.
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Caryl A. Bartelman, Esq.
Isham, Lincoln & Beale-One First National Bank Plaza r
Chicago, Illinois _ 60603 Ms. Mary Sinclair
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5711 Summerset Street Midland, Michigan 48640
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Mr. Steve Gadler, P.E.
I 2120 Carter Avenue 1:..'
St. Paul, Minnesota 55108
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Grace Dow Memorial Library 1710 West St. Andrew Road Midland, Michigan 48640 Lr 5
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