ML19331B247
| ML19331B247 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 10/04/1976 |
| From: | Head D Atomic Safety and Licensing Board Panel |
| To: | |
| Shared Package | |
| ML19331B244 | List: |
| References | |
| NUDOCS 8007280840 | |
| Download: ML19331B247 (4) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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CONSUMERS POWER COMPANY
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Docket Nos. 50-329
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50-330 (Midland Plant, Units 1 & 2)
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NOTICE AND ORDER RESCHEDULING HEARING On September 21, 1976, the Atomic Safety and Licensing Board (the Board) scheduled an evidentiary hearing on whether the construction permits-for the abcVe-identified nuclear facility should be'continged, modified or suspended pending completion of reopened hearings which will consider all issues remanded to the U.S. Nuclear Regulatory Commis-sion (the Commission) by the U.S.' Court of Appeals for
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the District of Columbia Circuit in Aesch11 man v. NRC, Appeal Nos. 73-1776 and 73-1867, decided July 21, 1976.
The Intervenors filed a motion to adjourn this suspen- -
sion hearing or in the alternative to continue it from October 6, 1976, until on or after November 15, 1976.
The basis for this request for continuance was that counsel for the Intervenors had previously scheduled court'and administrative proceedings and commitments in connection with their preparation.
The Commission Staff does not
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.g oppose the continuance but the licensee did file a response by~ telegram, taking the position that,any contin.uance beyond a few days would not be cceptable since.it wished to remove the cloud of~the possibility of suspension as soon as pos sib 1'e.
The Board considers that the Intervenors have shown good cause for a continuance and, accordingly, hereby grants the Intervenors' motion in this regard.
Insofar as the motion requests that the suspension hearing be adjourned and that the construction permits be immediately suspended, the Intervenors' motion is denied.
In view of time limita-tions, the Board will issue a separate memorandum and order setting forth the reasons for this denial.
In~ addition, the Board has now received briefs from the parties in response to its Memorandum and Order of September 21, 1976, with regard to defining further steps in the reopened proceedings.
After review of these briefs, the Board will issue a memorandum and order to control furtherconduEh6f'thisproceedIng.
That memorandum and
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order will deal with such items as the Board's action on the ACRS letter, with discovery, with procedures to sharpen and define the issues for the remanded hearing, with the l
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requirements for filing written testimony in the st hearing and with any other actions tha't may aid in' orderly disposition of this proceeding.
ACs EDINGLY, PLEASE TAKE NOTICE AND IT IS HEREl ORDERED, that the suspension hearing set for Octobi 1976, is hereby continued until 10:00 a.m. on Tuest November 16, 1976, at the Holiday Inn, 1500 West W:
Road, Midland, Michigan.
This hearing shall run et tinuously until all evidence and oral argument on i suspension issues has been received or until contil by further order of the Baard.
Members of t.he public are invited to attend the pension hearing and the Board will receive limited:
.ances prior to taking of evidence at the hearing.1/
Limited appearances will be restricted to ten (10) each, unless the person requesting the limited appe i
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The Board has received several letters and one gram which requested permission to make limitet appearances at the October 6 hearing.
The Boal has sent these requests to the Docketing and Si Section for service.on the parties in accordant with Section 2.780(b) of the Commission's Rules Practice,10 CFR Part' 2.
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g 4-can show Sood cause for taking more time.
BY ORDER OF THE ATOMIC SAFETY AND LICENSING BOARD 1
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Daniel M. Head, Chairman Issued at Bethesda, Maryland this 4th day of October, 1976.
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