ML19331B253

Motions Re Mapleton Intervenors' Areas to Be Covered in Hearing. Requests Orders Striking Certain Items from Record & Convening Prehearing Conference on 720513 in Ny City.Certificate of Svc Encl

ML19331B253
Person / Time
Site:	Midland
Issue date:	05/04/1972
From:	Lowenstein R CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8007280847
Download: ML19331B253 (5)

Text

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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION r-ii. n .

~

IN THE MATTER OF )

) Docket Nos. 50-329 CONSUMERS POWER COMPANY ) and 50-330

)

(Midland Plant, Units 1 and 2) )

APPLICANT'S MOTIONS WITH RESPECT TO MAPLETON..INTERVENORS'

~" AREAS TO BE COVERED ~IN THE NIDLAND HEARING."

I.

In its " Order with Respect to Environmental Issues" dated March 27, 1972 the board in this proceeding directed intervenors as follows:

"Accordingly, it is hereby ordered that (except as otherwise directed below) on or before April 30, 1972, opposing intervenors shall serve and file . . . a written state- "

ment, of those aspects of applicant's ASER -

and the Staff's Final Statement as to which they intend to cross examine. In order to focus the issues as precisely as possible, the specification of areas of cross-examina-tion should, where feasible, be in the form of written questions capable of factual answer."

In response to this directive, Mapleton intervenors trans-mitted by letter dated May 1, 1972 a two-page statement (herein-after "Mapleton intervenors' statement") of categories of cross-examination entitled " Areas to be covered in the Midland Hearings".

Mapleton intervenors' statement does not comply with the letter or spirit of the board's order of March 27, 1972. The areas of cross-examination listed are vague, general categories 8007280 ,

we

of broad subject matters within which counsel presumably intends to cross-examine. No attempt is made by Mapleton intervenors to identify the particular areas of cross-examinatica in a manner which would enable other parties to prepare, or even to ascertain what categories of individual witnesses should be present to testify at the reconvened hearing. None of applicant's affirma-tive evidence is identified as the basis for cross-examination.

No attempt is made to comply with the board's direction that, "In order to focus the issues as precisely as possible, the specification of areas of cross-examination should, where feasible, be in the form of written questions capable of factual answer."

Under the board's orders of August 26 and December 22, 1971 and its orders of March 14 and 27, 1972, many of the areas set forth in Mapleton intervenors' statement have already been ruled ,

out of the proceeding by the board (Nos. 3,4,5,9,11,18,24, and 29) ;

or are unrelated to Mapleton intervenors' earlier contentions of December 29, 1971 and February 4 and April 17, 1972 (No s . 12,14, 15,19,20,30, and 31) ; relate to ECCS (No. 13); or deal with radiological health and safety matters on which Mapleton inter-venors are #oreclosed from further evidentiary hearing (No s . 16 ,17,18, 21,23,25,28, and 29). In addition, item number 2 has been ruled out of the proceeding to the extent it deals with synergistic effects; number 7 has been ruled out to the extent it deals with the construction of types of plants other than nuclear.

.I II.

In view of the foregoing, applicant' moves the board as follows :

1. For an order striking from the record items 3,4,5, 9,11 through 21,23,24,25,28,29,30,31 in their entirety; item 2 to the extent it deals with synergistic effects of chemicals ad,d radiation; and item 7 to the extent that it deals with the construction of types of plants other than nuclear.

2. For an order precluding cross-examination by Mapleton intervenors on any matter set forth in the statement attached to their letter of May 1, 1972, unless a statement with respect to such item which complies with the. board's order of March 27, 1972 is filed and served upon the parties on or before May 10, 1972. .

3. For an order that a prehearing conference be convened on May 13, 1972 at a place in the.New York City metropolitan area to consider the foregoing, the order of procedure and other matters with respect to the evidentiary hearing scheduled to be reconvened on May 17, 1972.

Respectfully, LOWENSTEIN, NEWMAN & REIS 1100 Connecticut Avenue, N.W.

Dated: May 4, 1972 Washington, D. C. 20036 H o. . Graves By M John K. Restrick ~ Robert Lowenstein Richard G. Smith Attorneys for Applicant Anthony J. Gambardella, Jr. Consumers Power Company

UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION IN THE MATTER OF )

) Docket Nos. 50-329 CONSUMERS POWER COMPANY ) and 50-330

)

(Midland Plant, Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Applicant's Motions With Respect To Mapleton Intervenors' ' Areas To Be Covered In The Midland Hearing'",

dated May 4, 1972, in the above captioned matter have been served on the following in person or by deposit in the United States mail, first class or airmail, this 4th day of May, 1972.

Arthur W. Murphy, Esq., Chairman Dr. David B. Hall Atomic Safety and Licensing Board Los Alamos Scientific Col'tmbia Univer ity School of Law Laboratory Box 38, 435 West 116th Street P. O. Box 1663 New York, NLs York 10027 Los Alamos, New Mexico David E. Kartalia, Esq. Honorable Curtis B. Beck Regulatory Staff Counsel Assistant Attorney General U.S. Atomic Energy Commission State of Michigan Washington, D. C. 20545 630 Seven Story Office Bldg.

525 West Ottawa William A. Groening, Jr., Esq. Lansing, Michigan 48913 James N. O'Connor, Esq.

The Dow Chemical Company Anthony Z. Roisman, Esq.

2030 Dow Center Berlin, Roisman & Kessler Midland, Michigan 48640 1712 N Street, N.W.

Washington, D. C. 20036 Myron M. Cherry, Esq.

109 North

Dearborn Street James A. Kendall,

Esq.

Suite 1005 Currie and Kendall Chicago, Illinois 60602 135 North Saginaw Road Midland, Michigan 48640 Myron M. Cherry, Esq.

Office of Consolidated National Milton R. Wessel, Esq.

Intervenors Allen Kezsbom, Esq.

AEC ECCS haarings J. Richard Sinclair, Esq.

8120 Woodment Avenue Kaye, Scholer, Fierman, Hays Bethesda, Maryland 20014 and Handler 425 Park Avenue Honorable William H. Ward New York, New York 10022 Assistant Attorney General State of Kansas William J. Ginster, Esq.

Topeka, Kansas 66612 Suite 4, Merrill Bldg.

Saginaw, Michigan 48602 Dr. Clark Goodman Professor of Physics Irving Like, Esq.

University of Houston Reilly, Like & Schneider 3801 Cullen Boulevard 200 West Main Street Houston, Texas 77004 Babylon, New York 11702

l-Algie A. Wells, Esq., Chairman Atomic Safety and Licensing Board Panel

. U.S. Atomic Energy Commission Washington, D. C. 20545 Stanley T. Robinson, Esq.

Chief, Public Proceedings Branch Office of the Secretary.of the~ Commission .

U.S. Atomic Energy Commission Washington, D. C. 20545 1 / n Robert Lowenstein e