ML19331B131
| ML19331B131 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 04/10/1973 |
| From: | Kartalia D US ATOMIC ENERGY COMMISSION (AEC) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8007250822 | |
| Download: ML19331B131 (5) | |
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%\\w THIS DOCUMENT'CONTAINS P00R QUAllTY PAGES UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
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'^g CONSUMERS POWER COMPANY
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Docket Nos. 50-329-
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4043'O (Midland Plant, Units 1 and 2)
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ANSWER OF AEC REGULATORY STAFF TO SAGINAW
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INTERVENORS' MOTION TO SUPPLEMENT THE RECORD ON APPE&
The AEC Regulatory Staff opposes the Saginaw Intervenors' motion of March 28,1973, t to incorporate into the record certain correspondence a
between the Advisory Committee on Reactor Safeguards (ACRS) and the Commission relating to ACRS " generic items".
j es First, in spite of the Saginaw Intervenors' characterization of this cor-respondence as " newly discovered information," it is apparent that what
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" Motion and Supplement to Saginaw Valley et al., Stervenor's Statement of Exceptions to the Initial Decision Filec an January 15, 1973."
- j The documents which the Saginaw Intervenors seek by this motion to incorporate into the record are (1) letter, C.P. Siess to James R. Schlesinger, dated December 18, 1972, with attached list of
" Generic Items"; and (2) letter, D.L. Ray to Harold G. Mangels-dorf, dated February 5,1973.
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. they are really attempting to place in the record is information which has been available for some time, albeit in a different form. The December 18 letter from the ACRS does not even purport to identify new generic concerns of that committee; rather, it transmits a list of generic con-cerns identified in earlier ACRS letters on individual facilities. The new information, if any, in this letter is that the ACRS now considers twenty-five of these items " resolved". However, it is abundantly clear from the Saginaw Intervenors' motion that they have no interest whatever in this arguably new information; they focus instead on those generic concerns identified as unresolved in previous ACRS letters which, according to the December 18 letter, remain unresolved.
Second, questions of timeliness and due diligence aside, the Saginaw Intervenors have not, in their motion, made any showing sufficient to warrant the relief they seek, i.e., a reopening to the record. Certainly at this appellate stage in the proceeding the record should not be reopened on motion of a party absent a showing that the alleged " newly discovered information" could change the result reached below, Yet the Saginaw Intervenors make no attempt to show that any of the 22 items on which their motion is based is of such a nature as to preclude issuance of construction permits in this case at this time. Indeed, the intervenors do not even touch upon the technical aspects of any of the 22 items. They simply ignore th t record of this proceeding insofar as it relates to ACRS
. concerns. In sum, they have failed to de=enstrate the substance, or materiality, in this proceeding of their " newly discovered infor=ation'.II For the foregoing reasons, the Saginaw Intervenors' motion to supple-ment the record on appeal should be denied.
Respectfully submitted, r
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1 David E. Kartalia Cour.sel for AEC Regulatory Staff Dated at Bethesda, Marf and l
this 10th day of April,1973.
'I In this connection we note in passing that the S ginaw Intervenors count in their list of *22 non resolved proble=s" three items which apply to boiling-water reactors. See items 9,19 and 21 listed under " Group II - Resolution Pending" in the attachment to the ACRS letter of December 18, 1972.
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UNITED STATES OF AMERICA ATOMIC ENERGY C0!NISSION BEFORE THE ATOMIC SAFETY AND LICEfiSIftG APPEAL BOARD In the Matter of
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CONSUMERS POWER COMPAtlY Docket Nos. 50-329 50-330 (Midland Plant, Units 1 and 2)
CERTIFICATE OF SERVICE I hereby certify that copies of " Answer of AEC Regulatory Staff to Saginaw Intervenors' Motion to Supplement the Record on Appeal", in the captioned matter have been served on the following by deposit in the United States mail, first class or airmail, this 10th day of April,1973:
Arthur W. Murphy, Esq., Chairman Harold P. Graves, Esq.
Atomic Safety and Licensing Boari Vice President and General Counsel Columbia University School of Law Consumers Power Company Box 38 212 West Michigan Avenue 435 West ll6th Street Jackson, Michigan 49201 New York, New York 10027 William J. Ginster, Esq.
Dr. David B. Hall Suite 4 Los Alamos Scientific Laboratory Merrill Building P.O. Box 1663 Saginaw, Michigan 48602 Los Alamos, flew Mexico 87544 Myron M. Cherry, Esq.
Dr. Clark Goodman Jenner and Block Professor of Physics 1 IBM Plaza University of Houston Chicago, Illinois 60603 3801 Cullen Boulevard Houston, Texas 77004 Milton R. Wessel, Esq.
Kay, Scholer,. Fierman, Hays Irving Like, Esq.
and Handler Reilly, Like and Schneider 425 Park Avenue l
200 West Main Street New York, New York 10022 i
Babylon, flew York 11702 James A. Kendall, Esq.
Richard G. Smith, Esq.
135 ft. Saginaw Road l
Smith and Brooker, P.C.
Midland, Michigan 48640 l
703 Washington Avenue l
Bay City, Michigan 48706 James it. O' Conner The Dow Chemical Company 2030 Dott Center Midland, Michigan 48640
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2 William C. Parler, Esq., Chairman for ar n Street At mic Safety and Licensing Appeal Suite 1001 B ard Chicago, Illinois 60602 U. S. Atomic Energy Commission TVashington, D. C.
20545 Mrs. Mary Sinclair 5711 Summerset Street Midland, Michigan 48640 Howard J. Vogel, Esq.
Knittle and Vogel 4
Honorable Vern Miller 814 Flour Exchange Building 310 Fourth Avenue South Attorney General Topeka, Kansas 66601 Minneapolis, Minnesota 55415 Honorable William H. Ward Harold Reis, Esq.
Newma.1, Reis and Axalrad
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Assistant Attorney General 1100 Connecticut Avenue, N.W.
Topeka, Kar.sas 66601 Washington, D.'C.
20036 Atomic Safety and Licensing Board Panel U.S. Atomic Energy Commission Washington, D.C. 20545 Atomic Safety and Licer :ing Appeal Board U. S. Atomic Energy Commission Washington, D.C.
20545 Mr. Frank W. Karas Chief, Public Proceedings Staff Office of the Secretary of the Commission U.S. Atomic Energy Cormission l
Washington, D.C.
20545
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l Alan S. Rosenthal, Chairman l
U S. Atomic Safety and Licensing Appeal Board U. S. Atomic Energy Commission Washington, D. C.
20545 Dr. John H. Buck
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Atomic Safety and Licensing f/
dLds( NG-M' Appeal Board Okfid E. Kartalia
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U. S. Atomic Energy Commission Counsel for AEC Regulatory-Staff Washington, D.C.
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