ML19338C170
| ML19338C170 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 11/04/1977 |
| From: | Coufal F Atomic Safety and Licensing Board Panel |
| To: | |
| Shared Package | |
| ML19338C171 | List: |
| References | |
| NUDOCS 8008050624 | |
| Download: ML19338C170 (3) | |
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NUCLEAR REGULATORY COMMISSION g
e In the Matter of m
CONSUMERS POWER COMPAFY
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Docket Nos. Q0-32D l
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.U:330
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(Midland Plant, Units 1 and 2)
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'i ORDER
///4/77 4
The Board is of the view that there is some need for definition'of the four issues remanded for hearing by the Court of Appeals.
We will address each of these briefly in this Order.
1.
Fuel Cvele The adoption by the Commission of the interim rule on the Environmental Effects of the Nuclear Fuel Cycle (42 F.R.
13803) limits the amount of evidence that is necessary for the partles to present on this issue.
l 2.
Dow's Circumstances Presumably the record now contains most, if not all, of the evidence relative to Dow's situation.
We are aware of no need to receive evidence on this topic except for matters that have occurred since the previous hearing, evi-dence on Dow's corporate position as of the hearing time, and evidence on the effect on the costs of the project if Y5
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. Dow withdraws.
3.
Conservation of Energy
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Evidence has been received with respect to this topic.
We would' expect that little remains to be presented on the part of the Staff or Licensee except to update the evidence now in the record.
Dow'hs s not presented evidence on this subject and the other Intervenors have indicated that they
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will have additional evidence.
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4.
ACRS Letter i
The ACRS has supplied what it feels is sufficient to satisfy. its obligation under the Atomic - Energy Act and the Aeschliman case.
Thus the Board has before it the legal
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question of whether or not the ACRS submission is sufficient.
The Licensee has indicated that there is a difference of opinion between it and some of the Intervenors as to the scope of the issue; that the Licensee feels there is nothing
- to decide except what we have just indicated; and that some of'the:Intervenors have indicated the need for evidence on the generic items mentioned in the ACRS letter.
IT IS ORDERED:
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. (1) that the parties provide the Board prior to November 15, 1977, a statement of their perception of the scope of the issues in light of the foregoing and a brief outline of what they expect their evidence to be; they will also provide brief statements by.
way of argument.and authority for their J
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perception of the scope of the ACRS issue; I
(2) that motions for summary disposition, if any, may be filed at any time the moving party is prepared; and 4
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(3) that the hearing on the remanded proceeding begin in Chicago, at a place to be announced, on December 12, 1977, unless good cause for some other date is shown.
THE ATOMIC SAFETY AND LICENSING BOARD j
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' Frederic-J. foufal, Chairm A 9
Dated at Bethesda, Marylend, this 4th day of November, 1977.
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