ML19331B292

Responds to Applicant Objections to & Motions to Strike Dow Chemical Co Proposed Transcript Corrections.Requests Denial on Grounds of Untimely Filing.Certificate of Svc Encl

ML19331B292
Person / Time
Site:	Midland
Issue date:	08/02/1977
From:	Pribila L DOW CHEMICAL CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8007280897
Download: ML19331B292 (4)

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UNITED STATES OF AMERICA k 17 NUCLEAR REGULATORY COMMISSION 1 5 Before the Atomic Safety and Licensing Board

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In the Matter of CONSUMERS POWER COMPANY ) Docket Nos. 50-329 50-J3U (Midland plant, Units 1 and 2) l l

THE DOW CHEMICAL COMPANY'S RESPONSE TO CONSUMERS POWER COMPANY'S OBJECTIONS TO AND MOTIONS TO STRIKE PROPOSED TRANSCRIPT CORRECTIONS OF THE DOW CHEMICAL COMPANY - -

On July 29, 1977 1he Dow Chemical Company ("Dow") receivad a document filed by Consumers Power Company (" Consumers") which objected.

to and moved to strike certain transcript corrections proposed much earlier by Dow. Since the document was received after the July 27, 1977 deadline established by this Atomic Safety and Licensing Bnard (" Board")

in its Order of July 15, 1977, Dow respectfully requests leave of the Board to file this response to said document. . _

Dow originally submitted proposed transcript corrections on January 24, 1977 and said transcript corrections were received in evi-dence by the Board on February 3,1977 (Tr. 2939). Dow submitted further proposed transcript corrections on March 1,1977. On the last day of the hearing, May 17, 1977, Dow made an oral motion to the Board for the transcript to be corrected in accordance with Dow's submissions -

of March 1, 1977. (Tr. 6279) To date the Board has not ruled on this motion. Since the proposed correcticns were submitted to the Board and the parties approximately two and one-half months prior to Dow's motion to the Board, there was ample opportunity for all parties to comment on 8007280 h 7 h .

2 the proposed corrections. Consumers, however, refused to avail itself of these opportunities. Instead Consumers waited until the last possible F moment and then file.d, by hand delivery to the Board, exteasive objec-tions to Dow's proposed corrections. Dow's copy of Consumers' objections was not served by hand delivery on July 27, 1977, but instead was mailed to Dow on that date and was thus designed to reach Dow at some time after the deadline for responding. Such procedural tactics effectively precluded Dow from responding to Consumers' objections.

Dow respectfully requests the Board to reject Consumers' I objections to Dow's Motion of May 17, 1977 because said objections were

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not raised or filed in a timely manner. The authority to take such action is found at 10 CFR 2.730(c) which provides that answers to motions '

are due within five (5) days after service of a written motion or such other time as may be prescribed. Since the Board did not presciibe any other time, Consumers' Answer filed over two months after the Dow Motion is obviously delinquent and should be rejected.

If the Board will not reject Consumers' Answer as proposed above, then in the alternative Dow respectfully and most reluctantly, since Dow wants this matter concluded as rapidly as possible, requests additional time in which to respond to the substantive aspects of Consumers' objections.

Respectfully submitted, THE DOW CHEMICAL , COMPANY S k d L. W. Pribila, Attorney

' Legal Department 47 Building Dated: August 2, 1977 5

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NUCLEAR REGULATORY COMMISSION

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g ;7 CD i In the Matter of CONSUMERS POWER COMPANY ) DocketNos.5d-329 50-330 (Midland Plant, Units 1 and 2) 1

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CERTIFICATE OF SERVICE I hereby certify that copies of the attached "The Dow Chemical Company's Response to Consumers Power Company's Objections to and Motions to Strike Proposed Transcript Corrections of The Dcw Chectical Company."

dated August 2,1977, were served upon the individuals whose names appear on the attached Service List by deposit in the United States mail, postage prepaid and properly addressed, on the 2nd day of August,1977.

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M l Connie K. Miller / '

The Dow Chemical Company Legal Department 47 Building i Midland, Michigan, 48640 i

August 2, 1977

Attachment:

Service List

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s Frederic J. Coufal, Esq., Chairman R. Rex Renfrow, III, Esq.

Atomic Safety and Licensing Board David J. Rosso, Esq.

U.S. fluclear Regulatory Commission Isham, Lincoln & Beale

. Washington, D.C. 20555 One First flational Plaza Suite 4200 Dr. J. Venn Leeds, Jr. Chicago, IL Atomic Safety and Licensing Board

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10807 Atwell Atomic Safety and Licensing Board Houston, Texas 77096 Panel U.S. Nuclear Regulatory Comission Dr. Emmeth A. Luebke Washington, D.C.'. 20555 Atomic. Safety and Licensing Board U.S. Nuclear Regulatory Co=f ssion Atomic Safety and Licensing Appeal Washington, D.C. 20555  :

Panel

, .U.S. fluclear R.egulatory Ccmission

, Myron' M. Cherry, Esq. Washington, D.C. 20555

1 IBM Plaza i

Chicago, IL 60611 Docketing and Service Section Office of the Secretary Judd L. Bacon, Esq. U.S. ?!uclear Regulatory Commission Consumers Power Company Washington, D.C. 20555

"'.2 West Michigan Avenue Jackson, MI 49201

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Ms. Mary Sinclair -

5711 Summerset Street Midland, MI 48540 Harold F. Reis, Esq.

Robert Lowenstein, Esq. .

Lowenstein, Newman, Reis &

'Axelrad 1025 Connecticut Avenue Washington, D.C. 20035 Mr. Steve Gadler -

2120 Carter Avenue - -

St. Paul, Minnesota 55108 Norton Hatlie, Esq. i

Attorney-at-Law P.O. Box 103 Navarre, Minnesota 55392 l

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