ML19331B105
| ML19331B105 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 05/12/1978 |
| From: | Deline D, Howell S CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), DOW CHEMICAL CO. |
| To: | AFFILIATION NOT ASSIGNED |
| References | |
| NUDOCS 8007250797 | |
| Download: ML19331B105 (1) | |
Text
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In the Matter of
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CONSUMERS POWER COMPANY
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Docket Nos. 50-320
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M30 (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 THAN DOW Consumers Power Company ("Licersee") and The Dow Chemical Company ("Dow")
submit the follewing supple = ental answer to that portion of Intervenors' Other Than Dov ("Intervenors") Interrogatory No.1 related to the status of negotia-
_y tions between Licensee and Dow.
Intervenors' Interrogatory was directed to both Licensee and Dow.
THIS DOCUMENT CONTAINS P00R QUAUTY PAGES QUESTION
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Testunony in this proceeding thus far has indicated a dispute between Consumers and Dow Chemical Company (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 cf the Dow-Consumers contracts have been iden-tified or attached in written testimony of Consumers' witnesses in this pro-ceeding, Messrs. Keeley and Howell. With respect to any dispute concerning such contracts between Consu=ers and Dow please state the following:
(a)
Describe in detail the nature of the dispute and the status of any negotiations to resolve said dispute.
If it is your soonso 7TG7 g
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position that no dispute exists, please state the basis therefor in light of the cross-examination testimony of Dow witness Temple, includ-ing but not limited to the disclosures made by Mr. Temple of meetings S
between Consumers and Dow arid their representatives in September, 1976 wherein suggestions of lawsuits were made, as well as correspon-dence between Youngdahl and Temple during 1975 and 1976 which has already been produced by Consumers.
ANS'JER In accordance with the schedule provided with the earlier Supple = ental Interrogatory Response dated May 3 and 4, 1978, Licensee and Dow met at Consumers Power's offices in Jackson, Michigan, on May 4, 1978, and at Dov's offices in Midland, Michigan, on May 5, 1978. Attached to this Supplemental Interrogatory Response as Exhibit "A" is a summary report of those meetings.
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'T..s.'s Stephen'H. Howd.1, ? ice President Projects, Engineering and Construction
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Consumers Power Company al D. Dick Define Manufacturing Manager Michigan Division Dow Chemical U.S.A.-
Stephen H. Howell, being duly sworn, deposes and says that the foregoing Supplemental Response of Consumers Power Company and 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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- *-- N Stephen H. Howell
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COUNTY OF JACKSON )
S Subscribed and sdorn to before me, a Notary Public, this 12th day of May, 1978.
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Sylvia 3. Ball Jackson County, Michigan My Commission Expires: April 13, 1980 D. Dick DeLine, being duly sworn, deposes and says that the foregoing Supplemental Response of Consumers Power Company and 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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w D. Dick DeLine STATE OF MICHIGAN )
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COUNTY OF MIDLAND )
_s Subscribed and sworn to before me, a Notary Public, this 16th day of May, 1978.
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was Connie K. Miller
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Midland County, Michigan My Commission Expires: August 16, 1981 3
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, Exhibit "A"
_CONSU:fEP.S POWER-DOW REOPE"ED NECOTIA Date of Meeting:
May 4 and 5, 1978
Subject:
Minutes of Nuclear Contracts Negotiation M at Jackson and Midland, Michigan eeting Present:
Ihe Dow Chemical Company:
Consumers Power Company:
DDDeLine, LUPribila, JRBurroughs SHHowell, LBLindemer, CSKeeley Prostnt as Draf ting Co=mittee and for o The Dow Chemical Company:
ccasional consultation:
PDConner Consumers Power Company:
JLBacon Present as Technical Committee during p on May 4, 1978:
ortion of the meeting Consumers Power Company:
BWMarguglio, RLJohnson, TJSullivan The parties met Mav 4 at Jackson.
page to resolve anj-agreed to precoed with the prev 1ous contract dThere item.' left open.
raft directing attention page by es 1.
Dow made a report about housckceping items.
the corporate changes at Dow.
There were no other 2.
Mr. DeLine made an extensive re At Dow's invitation, Consumers' port on Dow's program of product stewar the session and asked questions to whi htechnical people attended this portion s
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was discusr.ad at parties nas explored. length and its pcrtinence to the relationshiMr. DeL of c
The program p between the 3.
Mr. Howell reviewed the larcst projectio Midland construction based upon Sechtel Foreca t Nn of costs and schedul review thereof, remains at $1.67 billion and the most probable comlhe matter w s
The budget have not changed from :brch,1981 and March mercial operation dates
, 1982.
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editorial changes.The parties ccamenced their review of the co t Discussion was had with reference to the defi itin ract agr site-sensitive costs in determining the allocat d further considered the allocation of the ope n
on of e
steam investment.
They and nuclear insurance expense and the annual backupration and mai tion was not reached on the last charge.
Final resolu-further consideratian to cach other's positithree items but the parties are giving on.
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The parties discussed the section on insurance and indemnit unabic to come to agreement.
y but were They agreed at that point to consider the matter overnight and to reconvene on May 5 at Midland 6.
At convening of the cegntiating session at Midland on May 5 that it had given consideration to the idea of operati
, Dow indicated' exchangers but thatott was strongly disinclined to do so and indi ng the tertiary he2t in any event, eventual determination would take an additional six =enth cated taat, an parties did not discuss that matter further.
The
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The parties resumed the discussion of the sections n
expenses, and the annual backup charge.
nucicar insurance a
the situation and attempt It was agreed that Consumers would review to redraft the radioactivity and insurance and indennity sections on Monday, May 8.
Other relatively minor matters At the conclusion of the session the parties agreed o ved.
difference between the parties and that both parties c on on insurance of draft by Consumers the first part of the week of May 8 review their revised 8.
It was agreed that Consumers would also redraft the electric Revised pages are to be forwarded to Dow on or ab contract ezetion ct.
9s The negotiating session adjourned with no date set The parties agreed to exchange drafts pro =ptly for another session.
again as necessary.
, cc =unicate freely and meet s
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'lVLg; cg UNITED STATES OF AMERICA
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CONSUMERS PC'w'ER COMPNiY
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Docket Nos. 50-329 (Midl.ind Plant, Units 1 and 2
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50-330
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CERTIFICATE OF SERVICE I hereby certify that copies of the attached " Suppl e= ental Response of Consumers Power Company and The Dow Chemical Company t o Interrogatories of Intervenors Other than Dew" dated May16, 1978
, were served upon the individuals whose na=es appear on the attached Service List by d eposit in the United States nail, postage prepaid and properly addressed
, on the 16th day of May,1978.
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Connie K. Miiler
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The Dow Chemical Ccmpany 1.egal Department P.O. Box 271 Midland, MI 48640
\\ttachment: Service List 3 ate:
May 16, 1978
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SERVICE LIST S
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Marshall E. Miller, Esq., Chairman Atomic Safety and Licensing Board Richard K. Heefling, Esq.
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Ccunsel to MRC Staff U.S. Nuclear Regulatory Ccamission Nuclear Regulatory Ccmmission Washington, D.C.
20555 Washington, D.C.
20555 Dr. J. Venn Leeds, Jr.
Caryl A. Bartelman, Esq.
Atcmic Safety and Licensing S. card Ic?^7 Atwell Michael I. Miller, Esq.
Isham, Lincoln & Seale Houston, Texas 77096 One First National Plaza Dr. Emmeth A. Luebke.
Atomic Safety and Licensing Scard U.S. Nuclear Regulatory Ccmmission Atcmic Safety and Licensing Board
-Panel Washingten, D.C.
20555 U.S. Nuclear Regulatcry Ccemissicn Myron M. Cherry, Esq.
One ISM Plaza Chicago, IL 50611 Atomic Safety and Licensing Appeal Panel Judd L. Bacon, Esq.
U.S. Nuclear Regulatory Ccmmissicn Washington, D.C.
20555 Censumers Pcwer Ccmpany 212 West Michigan A;enue Docketing and Service Section Jackson, MI 49201 Office of the Secretary s
Ms. Mary Sinclair U.S. Nuclear Regulatory Cecmissien 5711 Summerset Street Washington, D.C.
20555.
Midland, MI 4S640 Harold F. Reis, Esq.
Robert Lewenstein,. Esc.
Lowenstein, Newman, Reis &
Axelrad 1025 Ccnnecticut Avenue Washington, D.C.
20036 Mr. Steve Gadler 2120 Carter Avenue St. Paul, Minnesota 55108 Ucrton Hatlie, Esq.
Attorney a t Law
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P.O. Box 103 Navarre, Minnesota 55392
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