ML19331B070

Supplemental Memorandum Advising That Parties' Approval of Settlement Cannot Be Expected Prior to 790401.ASLB Will Be Advised of Any Delays in Negotiation Schedule.Certificate of Svc Encl

ML19331B070
Person / Time
Site:	Midland
Issue date:	01/19/1979
From:	Jablon R, Ross W, Watson K CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), MICHIGAN MUNICIPAL ELECTRIC ASSOCIATION, WALD, HARKRADER & ROSS
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8007250767
Download: ML19331B070 (3)

Text

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SUPPLEMENTAL MEMORANDUM TO THE BOARD FROM CONSUMERS POliER AND INTERVENORS REGARDING SETTLEMENT NEGOTIATIONS On December 6, 1978, the undersigned submitted a memorandum to the Board wn.ch outlined the status of settle-ment negotiations and attached a negotiation schedule. In that memorandum, we also noted that the parties would seek to secure approval of the settlement from their respective govern-ing bodies no later than February 14, 1979.

There have been no significant deviations from the negotiation schedule attached to the memorandum of December 6, 1978. Settlement meetings were held.on December 7-8, December 11-14, D'cember e 14-15, January 2-3, January 8-9, January 10 (Bay City only), and January 15-16. This is apart from numerous client meetings and informal contacts. In these negotiations, progress has been made and the prospects for settlement remain excellent. However, the negotiators have yet to reecn agreement. . -

The absence of agreement to date is a factor of the len,gth and complexity of the matters under negotiation.

As cescribed more fully in the December 6 memorandum, the negotiations concern contractural forms providing for genera-tion unit participation and related transmission arrangements.

The most recent draf ts of these forms totaled near 300 pages .

of text, exclusive of appendices.

THIS DOCUMENT CONTAINS ;

8007250 -

P0OR QUAUTY PAGES 4

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i Revised drafts of these forms will be circulat'ed shortly ,and additional meetings are scheduled on January 29-30 and February 12-13 with the cooperative parties, and February 14 - 16, with the municipal parties. Meetings after February 16 could prove necessary.

Given this negotiation schedule, we now believe that

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approval of the settlement by the governing bodies of the parties to these negotiations can not be expected prior to April 1, 1979. At any time prior to that date, if the prospects tor settlement diminish, or if the negotiation schedule is sig-nificantly delayed, the undersigned will promptly so advise the Board.

Respectfully submitted, hm. Warfield hoss _

Keith S. Watson Wald, Harkrader & Ross .

1320 Nineteenth Street, N.W.

Washington, D.C. 20036 Attorneys for Consumer Power Company bf Robert A. #ablon Spiegel & McDiarmid 2600 Virginia Avenue Washington, D.C. 20037 Attorney for the Cities of Coldwater, Grand Haven, Holland, Traverse City, and Zeeland, the Northern Michigan Electric -

Cooperative, Inc., Wolverine Electric CcOperative, and the Michigan Municipal Electric -

Association l Dated: January 19, 1979

UNITED STATES OF AMERICA NUCLEAR REGUL '" CMMISSION on

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In the Matter of { ) 3#*/*)

ogA *T Docket Nos. 50-329A and 50-330A CONSUMERS POWER COMPANY g #

(Midland Units 1 & 2) ) .

CERTIFICATE OF SERVICE I hereby certify that copies of SUPPLEMENTAL MEMORANDUM to the Board from Consumers Power and Intervenors Regarding Settlement Negotiations, dated Dacember 6, 1978, in the captioned matter, have been served upon the following by deposit in the United States mail, first class, this 19th day of January, 1979.

Hugh K. Clark, Esquire Marshall E. Miller, Esquire Chairman, Atomic Safety Atomic Safety and Licensing and Licensing Board Board Nuclear Regulatory Commission Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Frederic D. Chanania, Esquire Melvin Berger, Esquire Antitrust Counsel for Nuclear Department of Justice _

Regulatory Commission Staff P.O. Box 14141 Nuclear Regulatory Commission Washington D.C. 20044 Washington, D.C. 20555 Chase R. Stephens, Chief Robert A. Jablon, Esquire Docketing & Service Branch Spiegel & McDiarmid

- Office of the Secretary 2600 Virginia Avenue, N.W. -

Nuclear Regulatory Commission Washington, D.C. 20037 Washington, D.C. 20555 Dr. J. V. Leeds, Jr. Join D. Whitler, Esquire 10807 Atwell Antitrust Division Houston, Texas 77096 Department of Justice P.O. Box 14141 Washington, D.C. 20044 A L

/CiO/WJ w Keltn S. Watson .

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%,,..v.. . / September 6,1979 Hugh K. Clark, Esq. , Chairman Dr. J. Venn Leeds Atomic Sa fety and Licensing Board 10807 Atwell P.O. Box 127A Houston, Texas 77096 Kennedyville, Maryland 21645 Marshall E. Miller, Esq.

Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Re: Consumers Power Company, Midland Plant, Units 1 & 2, NRC Docket Nos. 50-329A, 50-330A

Dear Chairman Clark and Members of the Board:

This is to inform you that the Staff has received the settlement pro-posal as agreed upon by Consumers Power Company and the Intervenors. As the Staff previously represented to the Board, we are satisfiea with the proposed license conditions as contained in the settlement proposal.

The Staff is currently undertaking a review of the remainder of the settlement proposal to insure that it is consistent with the proposed ,

license conditions. We shall inform the Board of the outcome of this -

review.

Sincerely, 9A D. La Fredric D. Chanania Counsel for NRC Staff cc: All parties on service list 4d? ,

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