ML19331B099

Supplemental Responses to Intervenors' Interrogatory 1 Re Status of Negotiations.Meeting Re Latest Draft of Contract, Decommissioning & Site Restoration Costs Held on 780407.W/ Documentation & Certificate of Svc.Related Correspondence

ML19331B099
Person / Time
Site:	Midland
Issue date:	04/17/1978
From:	Deline D, Howell S CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), DOW CHEMICAL CO.
To:	AFFILIATION NOT ASSIGNED
References
NUDOCS 8007250792
Download: ML19331B099 (6)

Text

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NUCLEAR REGULATORY COMMISSION c y, y e Before the Atomic Safety and Licensing Board #

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In the Matter of )

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CONSUMERS POWER COMPANY ) Docket Nos. 50-329

) 50-330 (Midland Plant, Units 1 and 2) )

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SUPPLEMENTAL RESPONSE OF CONSUMERS POWER COMPANY AND THE DOW CHEMICAL COMPANY TO INTERROGATORIES OF INTERVENORS OTHER THA'i DOW Consumers Power Company (" Licensee".) and The Dow Chemical Co=pany

("Dow") submit the following supplemental answer to that portion of Intervenors' Other than Dow ("Intervenors") Interrogator-f No. 1 related s

to the status of negotiations between Licensee and Dow. Intervenors' Interrogatory was directed to both Licensee and Dov.

QUESTION _

l. Testimony in this proceeding thus far has indicated a disputa between Consumers and Dow Chemical Co=pany (Dow) relating to the construction of the Midland Nuclear Facility and sale and purchase of steam and electricity from said facility. All or a portion of the Dow-Consumers contracts have e

been identifier or attached in written testimony of Consu=ers' witnesses in this proceeding, Messrs. Keeley and Howell. With respect to any dispute concerning such contracts between Consumers and Dow, please state the following:

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(a) Describe in detail the nature of the dispute and the status of any negotiations to resolve said dispute. If it is your e position that no dispute exists, please state the basis therefor in lighc of the cross-examination testimony of Dow witness Temple, including but not limited to the disclosures made by Mr. Temple of meetings between Consumers and Dow and their representatives in September, 1976 wherein suggestions of lawsuits were made, as well as correspondence between Youngdahl and Temple during 1975 and 1976 which has already been produced by Consumers.

ANSWER In accordance with the schedule provided with the earlier Supplemental 4

Interrogatory Response dated March 17 and 21, 1978, Licensee and Dow met at Consumers Power's offices in Jackson, Michigan, on April 7, 1978. Attach *.d to this Supplemental Interrogatory Response as Exhibit "A" is a summary report of those meetings. s

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Stephen H. Howell, Vice President Projects, Engineering and Construction Consumers Power Company ..

. aY D. Dick Define Manufacturing Manager Michigan Division

• Dew Chemical U.S.A. <

Stephen H. Howell, being duly sworn, deposes and says that the foregeing Enpplemental Response of Consumers Power Company and The Dow

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Chemical Company to Interrogatories of Intervenors Other than Dow is true to the best of his knowledge and belief. .

c T LQMA.C d Stephen H. Howell STATE OF MICHIGAN )

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• COUNTY OF JACKSON )

,......uSubscribed and sworn to before me, a Notary Public, this h day

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. '_s . 5 . .tofApril,k1978.

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Sylvia Bf. Ball, Notary Public

.i;;i.i Jackson County, Michigan My Commission Expires: April 13, 1980

. s' ' i .I D. Dick DeLine, being duly sworn, deposes and says that the foregoing Supplemental Response of Conrumers Power Company anc The Dow Chemical Company to Interrogatories of Intervenors Other than Dow is true to the best of his ~

knowledge and belief.

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D. Dick DeLine STATE OF MICHIGAN )

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COUNTY OF MIDLAND )

Subscribed and sworn to before me, a Notary Public, this L8 day of April ,1978.

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Cohnnie K. Mille'r, Notar/ Public -

Midland County, Michigan "

My Commission Expires: August 16, 1981 i

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Exhibit "A" CONSUMERS POWER-DOW REOPENED NEGOTIATIONS Date of Meeting: April 7, 1978

Subject:

Minutes of Nuclear Contracts Negotiation Meeting at Jackson, Michigan Present: The Dow Chemical Company: DDDeLine, LWPribila, JRBurroughs Consumers Power Company: SHHowell, LBLindemer, GSKeeley Present for occasional consultation:

Dow Chemical Company: PDConner, MClayton, PKline Consumers Power Company: JLBacon, KRKline The parties agreed that rather than a formal agenda, they would first discuss any housekeeping items and then proceed to a review of the draft contract discussing items as they appeared in the context thereof.

1. Housekeeping Items There were no housekeeping items.

2. Discussion of the Contract .

The provisions of the latest draf t of a proposed contract were discussed j at length and in those instances in which the content of pages were found 4 to be in final form, it was so indicated and they were referred to the typist for assimilation into a proposed final revision.

In those instances in which the parties had not reached agreement as to the terms of a proposal or as to the wording thereof, extensive discussions followed. Among the items discussed were the insurance and indemnity pro- _

visions, the details of Section 4C and Section 9 relative to ters and

- termination. Additionally, decommissioning and sita restoration costs I were discussed but left for further discussion, together with an eventual I revision of the "whereas" clauses.

The parties concluded their extensive discussions and established a schedule for the Drafting Committee to meet at Midland on April 18th and the Negotiating  ;

Committee to meet at Midland on April 19th, 1978. -

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g C'U.,@ y S NUCLEAR REGULATORY COMMISSION I&

Before the Atemic Safety and Licensing Board

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In the Matter of )

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CONSUMERS POWER COMPANY ) Docket Nos. 50-329

) 50-330 (Midland Plant, Units 1 and 2 ) ,

)

CERTIFICATE OF SERVICE I hereby certify that copies of the attached " Supplemental Response of Consumers Power Company and The Dow Chemical Co=pany to Interrogatories of Intervenors Other than Dow" dated April 17, 1978, were served upon the _

.e individuals whose names appear on the attached Service List by deposit in the United States mail, postage prepaid and properly addressed, on the 19th day of April, 1978.

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O Ccnnie K. M111er '

The Dow Chemical Co:rpany P.O. Box 271 Midland, MI 48640 C

Attachment:

Service List Date: Aoril 19.1978

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SERVICE LIST

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I Marshall E. Miller, Esq., Chairman Richard K. Hoefling, Esq. .

Atomic Safety and Licensing Board Counsel to NRC Staff U.S. Nuclear Regulatory Comission Nuclear Regulatory Comission'.

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Washington, D.C.  !

20555 Washington, D.C. 20555 Dr. J. Venn Leeds, Jr.

Caryl A. Bartelman, Esq.

Atomic Safety and Licensing ifoard Michael I. Miller, Esq.

10807 Atwell '

Isham, Lincoln & Beale Houston, Texas 77096 One First National Plaza Chicago, IL 60603 Dr. Emeth A. Luebke Atomic Safety and Licensing Board A' tcmic Safety and Licensing Board U.S. Nuclear Regulatory Comission Panel Washington, D.C. 20555 U.S. Nuclear Regulatory Comission Washington, D.C. 20555 Myron M. Cherry, Esq.

One IBM Plaza Atomic Safety a.iu Licensing Appeal Chicago, IL 60611 -

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0.5. Nuclear Regulatory Ccmission Judd L. Bacon, Esq. Washington, D.C',

20555 Consumers Pcwer Company -

212 West Michigan' Avenue -

Docketing and Service Section Ja'ckson, MI 49201 Office of the Secretary s Ms. Mary Sinclair U.S. Nuclear Regulatory Comission Washington, D.C. 20555 5711 Sumerset Street ,

Midland, MI 48640 Harold F. Reis, Esq.

• Robert Lewenstein, Esq. ~

Lowenstein, Newman, Reis &

Axelrad 1025 Connecticut Avenue -

Washington, D.C. 20036 Mr. Steve Gadler I

2120 Carter Avenue St. Paul, Minnesota 55108 s

Norton Hatlie, Esq. .

Attorney at Law r.

P.O. Box 103

• Navarre, Minnesota 55392 -

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