ML19331B087
| ML19331B087 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 05/04/1977 |
| From: | Duflo M NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ALAB-392, ALAB-396, CLI-77-10, NUDOCS 8007250782 | |
| Download: ML19331B087 (6) | |
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UNITED STATES OP AMERICA e
NUCLEAR REGULATORY COMMISSION 04
.9 ATOMIC SAFETY AND LICENSING APPEAL BOARD NC
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Michael C. Farrar, Chairman dhg
[7 Richard S. Salzman Dr. W. Reed Johnson
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m In the Matter of
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CONSUMERS POWER COMPANY
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Docket Nos.
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50-330 (Mid1&nd Plant, Units 1 & 2)
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MEMORANDUM AND ORDER May 4, 1977 (ALAB-396)
After the Commission promulgated an interim fuel cycle rule (42 F.R.
13803, March 14, 1977), it instructed us to superintend the application of that rule in designated licensing cases as well as in "any other proceeding in which the issue of the environmental impacts of the uranium fuel cycle" is before us.
CLI-77-10, 5 NRC _ (April 1,1977).
Accordingly, we published a memorandum and order which set forth the framework for our consideration of the issue in Dr. Johnson was appointed to replace Dr. Quarles on this Board on May 2, 1977.
See ALAB-395, 5 NRC
_ (April 29, 1977) (separate statement of Dr. Quarles).
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. connection with some twenty-seven nuclear units; at the same time, we provided the parties the opportunity to be heard on the merits.
ALAB-392, 5 NRC ___ (April 21, 1977).
Our opinion noted that "because of its unusual procedural posture," the Midland proceeding was not being dealt with at that time and instead would be the subject of a separate order.
ALAB-392, supra, 5 NRC at _, fn. 6.
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1 In the other fuel cycle cases, we may decide to pass upon the merits ourselves rather than call upon licensing boards to do.so.
Regardless of how those cases are handled, however, here the fuel cycle issue should be addressed by the Board below.
That Board is presently active and has squarely before it the task of res'riking the cost-benefit balance for the facility in connection with its consideration of certain other issues.
That being the case, we will' follow the sensible as well as practical course and add consideration 1
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See also ALAB-395 (supra,' fn.
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5 NRC at fn. 49.
Midland was not one of the proceedings expressly desig-nated in the~ Commission's April 1 decision.
And the
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fuel cycle issue not being directly before us in Midland, this case was perhaps not covered by that decision's instructions at all.
But there is another reason why it is appropriate for us to act here.
Owing to the absence of a quorum able to act on substantive issues, we have been told by the Commission to rule upon any matters which would otherwise be properly addressed by it in this proceeding.
CLI-77-7, 5 NRC (March 18, 1977), and CLI-77-12, 5 NRC (April 5, 1977); see also ALAB-395, supra, 5 NRC at
, fns. 1-3 and accom-panying text.
And this is a matter which calls for Commission resolution, for until it acts (or we act for it), fuel cycle matters here would be controlled by its most recent crder on the subject, i.e., CLI-76-19, NRCI-76/11 474 (November 5, 1976) (see fn. 2 infra).
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of the fuel cycle matter to that Board's assignment.--
In carrying out itc duties, the Licensing Board should take into account (1) the terms of the interim rule; (2) the Commission's counsel in CLI-77-10; and (3) our comments in ALAB-392.
Before it completes its task, we may be able to offer additional guidance in the form of further opinions in the other fuel cycle cases.
Accordingly, the Licensing Board is directed to consider the interim fuel cycle rule in conjunction with the other issues pending before it.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING APPEAL BOARD
'7 S
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cA c d ~.s Margaret E.
Du Flo Secretary to the Appeal Board
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The fuel cycle matter was put before the Board at an earlier stage, but the Commission ordered its consi-deration deferred following the October 8, 1976 stay of mandate in NRDC v. NRC, 547 F.2d 633 (D.C. Cir. 1976),
certiorari granted, 45 U.S.L.W.
3570 (February 22, 1977).
See CLI-76-19, NRCI-76/ll 474 (November 5, 1976). Re-gardless of how it would have been treated earlier, the issue is nov to be considered in terms of the interim fuel cycle rule.
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,s UNITED STATES OF AMERICA NUCLEAR REGUI.ATORY COT:ISSTOS
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In the Matter of
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CONSUMERS POWER 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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CERTIFICATE OF SERS.' ICE I hereby certify that I have this day served the foregoing document (s) upon cach person designated on the of ficial servi.:e list compiled by the Of fice of the Secretary of the Cc=tission in this precocding fn accordance with the requirements of,Sectica 2.712 of 10 CFR Part 2-Rules of Practice, of the.Nucicar Regulatory Co:nr.ission's Rules and Regulations.
Dated at Washington, D.C. this day of.(([f./,2 197 f'
O'f fice of the Secretary of[hc Corcission e
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-s UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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In the Matter of
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CONSUMERS POWER COMPANY
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Docket No. (s) 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._ Nuclear Regulatory Com=ission Washington, D.C.
20555 Dr. Emmeth A. Luebke James A. Kendall, Esq.
Atomic Safety and Licensing Board Currie and Kendall U.S. Nuclear Regulatory Comnission 135 North Saginaw Road Washington, D.C.
20555 Midland, Michigan 48610 Judd L. Bacon, Esq.
Dr. J. Venn Leeds, Jr.
10807 Atwell Consumers Power Co=paay Houston, Texas 77096 212 West Michigan Avenue Jackson, Michigan 49231 Office of the Executive Legal Director Counsel for NRC Staff William J. Ginster, Esq.
U.S. Nuclear Regulatory Co= mission 1:crrill Building, Suite 4 washington, D.C.
20555 Saginaw, Michigan 48602 Myron M. Cherry, Esq.
One IBM Plaza Chicago, Illinois 60611 Harold F. Reis,.Esq.
Lowenstein, Newman, Reis & Axelrad Honorable Curtis G. Beck 102. Connecticut Avenue, N.W.
Assistant Attorney Ceneral Washington, D.C.
20036 State of Michigan Seven Story Of fice Building Honorable Charles A. Briscoe 525 West Ottawa Assistant Attorney Ceneral Lansing, Michigan 48913 State of Kansas Topeka, Kansas 66612 Lee Nute, Esq.
Michigan Division Irving Like, Esq.
The Dow Chemical Company
-Reilly, Like and Schneider 47 Building 200 Weat Main Street Midland, Michigan 48640
. Babylon, New York 11702 w
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50-329,'-330 '^
paga 2 Anthony Z. Roisman, Eso.
. Natural.ResouIrces Defense Council 917 - 15th Street, N.W.
Washington, D.C.
20005 Joseph Gallo, Esq.
Isham, Lincoln & Beale 1050 - 17th Street, N.W.
Washington, D.C.
-20036 David J. Rosso, Esq.
R. Rex Renfrow, III, Esq.
Isham, Lincoln & Beale-One First National Bank Plara Chicago, Illinois 60603 Ms. Mary Sinclair
-5711 Summerset Street Midland, Michigan 48640 Mr. Steve-Gadler, P.E.
2120 Carter Avenue St. Paul, Minnesota 55108 Grace Dow Memorial Library 1710 West St. Andrew Road Midland, Michigan 48640 l
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