ML19331B098
| ML19331B098 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 05/03/1979 |
| From: | Mark Miller Atomic Safety and Licensing Board Panel |
| To: | CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| References | |
| NUDOCS 8007250791 | |
| Download: ML19331B098 (7) | |
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a LUITED STATES OF K4 ERICA y
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In the Matter of
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CONSUMERS POWER 00tPANY
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Docket No'. C.O-3D
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50-330 C41dland Plant,
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Units 1 and 2)
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PREHEARING CONFERENCE ORDER Q!ay 3, 1979)
A prehearing conference was held in this proceeding en May 1,1979 at the enrmission Hearing Rocm in Bethesda, Maryland, pursuant to the provision of 10 CFR $2.752. Notice of the prehearing ccnference was duly published in 44 Federal Resister 22529 (April 16,1979).
The Board heard arguments frca counsel concerning a motion for surmary dispositicn which had been filed by the Applicant, Censumers Pcwer Company (Consumers), en March 30, 1979. A response was filed by the Staff on April 19, 1979, opposing the motion on the grounds that it was pre::ature because there had not yet been an uppvnenity for discovery or testing by cross-examination the affidavits of witnesses filed in support of the motion. After extensive discussion (Tr. 50159), the Board ruled that action on the motion for sumary dispositien would be deferred until after the ccrolecion of discovery. The Staff and other parties (incluc' lng Intervenors) desiring to respcnd to the motion are directed to file appropriate respenses by June 15, 1979.
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e By its Order entered January 4,1979, the Board requested the parties to supply certain information, including a statement of the issues imolved in this portion of the & ad proceeding. Statements of suggested issues 4
were filed on March 30, 1979 by the Staff, consumers, and Intervenors Other than Dow (Intervenors).
The Board adopts the following issues to define the matters in controversy:
Issue No. 1 Nhether there was an attempt by parties or attorneys to prevent full disclosure of, or to withhold relevant factual i.h tien frcxn the Licensing Board in the suspension hearings (AIAB-458, 7 tmC 155, 172, fn. 64, 177, fn. 87).
Issue No. 2 Whether there was a failure to make affir=ative full disclosure on the record of the material facts relating to ':bw's intentions concerning performance of its centract with Censumers.
Issue No. 3 Whether there was an attempt to present misland%g testimony to the Licensing Board cenccrning Dow's intentions.
Issue No. 4 Whether any of the parties or attorneys attecpted to mislead the Licensing Board concerning the preparation or presentation of the Tecple testimony.
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9 Issue No. 5 bhat sar.ctions, if any, should be imposed as a result of cifirma-tive finds on any of the above issues.
The following schedule was adopted to control this proceeding:
C # wt and conclude discovery.
May 3 to June 8, 1979 All parties to file responses to June 15, 1979 Constuners' motion for sta: mary disposition.
Witness lists to be filed and June 15, 1979 exchanged. Subsequent to this date, the Board will notify the parties of the naces of additional witnesses it desires to be called or produced.
EvidanHag hearing, Bethesda, July 2-27, 1979 Maryland.
The Staff was requested to review the record as to all contentions, charges or allegations which have been made by the Intervenors concerning any of the issues designated above, and to report the results of such
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survey to the Board and other parties by June 1.1979. The Board will be available upon short notice to confer with all counsel regarding any other necessary issues or areas of inquiry, prior to such date (Tr. 50110-120).
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, C All parties ard counsel are directed to take appropriate action 1:: mediately to preserve intact all files, im-Is, records and other papers which relate in any way or touch upon the issues involved in this proceedirgs (Tr. 50104).
It is so ordered.
FOR THE AlmIC SAFEIY AND LICEEING BCARD
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Marshall E. Miller, Cba4 m Dated at Bethesda, Maryland this 3rd day of May 1979.
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UNITED STATES,OF AMERICA NUCLEAR REGULATORY COMMISSION j
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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(Remand Proceeding)
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CERT'TICATE OF SERVICE I hereby certify that I here this day served the foregoing document (s) upon each person designated on the official service list compiled by the Office of the Secretary of the Consnission in this proceeding in accordance with the requirements of Section 2.712 of 10 CFR Part 2-Rules of Practice, of the Nuclear Regulatory Commission's Rules and Regulations.
Ca:ed at Washington, D.C. this day of MA-f' 197 V
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3 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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CONSUME!/s 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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(Remand Proceeding)
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SERVICE LIST Marshall E. Miller, Esq., Chairman Ms Mary Sinclair Atonic Safety and Licensing Board 5711 Summerset Street U.S. Nuclear Regulatory Commission Midland, Michigan 48640 Washington, D.C.
20555 Mr. Steve Gadler.
Dr. E==eth A. Luebke 2120 Carter Avenue Atenic Safety and Licensing Board St. Paul, Minnesota 55108 U.S. Nuclear Regulatory Comission Washington, D.C.
20555 Judd L. Bacon, Esq.
Consumers Power Company Dr. J. Venn Leeds, Jr.
212 West Michigan Avenue 10807 Atwell Jackson, Michigan 49201 Reuston, Texas 77096 Michael I. Miller, Esq.
Counsel for NRC Staff Isham, Lincoln & Beale Office of the Executive Legal Director One First National Bank Plaza U.S. Nuclear Regulatory Commission Chicago, Illinois 6')603 Washington, D.C.
20555 Grant J. Merritt, Esq.
Harold F. Reis, Esq.
Tho=pson, Nielsen, Z:laverkar.p Lowenstein, Newman, Reis, and James Axelrad and Toll 4444 IDS Center
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1025 Connecticut Avenue,.N.W.
80 South Eighth Street Washington, D.C.
20036 Minneapolis, Minnesota 55402 Myron M Eherry, Esq.
Michael C. Farrar. Esq., Chairman One IB'i Plaza Atomic Safety and Licensing Appeal
' ' Chicago, Illinois 60611 Board U.S. Nuclear Regulatory Commission R.L. Davis, Esq.
Washington, D.C.
20555 Legal Department The Dow Chemical Company Richard C. Salzman, Esq.
47 Building Atomic Safety and Licensing Appeal Midland, Michigan 48640 Board U.S. Nuclear Regulatory Commission Washington, D.C.
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Board. and parties - continued 50-329. -330 (Remand Proceeding) t Dr. W. Reed Johnson Atomic Safety Snd Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Gerald Charnoff, Esq.
Shaw, Pittman, Potts & Trowbridge 1800 M Street, N.W.
Washington, D.C.
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