ML19338C184
| ML19338C184 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 11/03/1977 |
| From: | Duflo M NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8008050634 | |
| Download: ML19338C184 (7) | |
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4 76 UNITED STATES OF AMERICA p\\NI #4 NUCLEAR REGULATORY COMMISSION g
ATOMIC SAFETY AND LICENSING APPE,% BOARD 2
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Michael C. Farrar, Chairman ept 7
Richard S. Salzmra g
I Dr. W. Reed Joh, son A
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In the Matter of
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CONSUMERS POWER COMPANY
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Docket Nos. 50 29
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50-0 (Midland Plant,-Units 1 and 2)
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ORDER November 2, 1977 On September 23, 1977, the Licensing Board declined to stay construction of Consumers Power Company's Midland nuclear power plant pending completion of remanded hearings ordered by-the United States Court of Appeals for the District of Columbia Circuit and the Commission.
The Board's decision is based on the record made before it in a lengthy hearing and its reasons appear in its September 23rd order.
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Intervenors sought review of the' September 23rd order in two' ways.
First they appealed, filing exceptions on October 1, 1977 followed by a brief in support'of those exceptions-on October 26th.
Second, on October 8th
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-brief was filed within the-period we thereafter allowed.
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intervenors moved'for summary reversal of the Licensing Board's decision or, alternatively, for a stay of construc-tion pending completion of the remanded hearing.
The i
staff and Consumers Power-Company'have responded to the motion for summary reversal or stay; 2/ briefs in response to intervenors' appeal are due shortly.
In.the interim, the intervenors sought similar relief directly from the United -States Court of Appeals for the j
District of Columbia circuit.
On October 27th that Court denied the request for a stay of constructionF observing that the matter is still under consideration within this Commission, but the. court noted in its order (among other things) that it expected theLadministrative proceedings to be "carr[ied]
out * *
- with all reasonable expedition."
In light of all the foregoing, we' take the following action:
1.
Consumers' October 27th motion for leave to reply' to intervenors' response to Consumers' October 20th Motion to Strike is granted;. the reply accompanying lthe motion is accepted;.
2.-. Consumers' Motion tb1 Strike is' denied; 22,/~Intervenor Dow Chemicall ompany did not file any response C
'to;the cution for summary reversal'or stay 6
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3.
Consumers' October 20, 1977 motion for leave to j
exceed the page limitations in responding to intervenors'
- motion ~ for. sunmary reversal or stay is eranted; the response accompanying the motion is accepted; i
4.
A11' briefs in opposition to intervenors' brief in support of its exceptions dated October 26, 1977 shall be in-the' hands of this Board and all counsel by Monday, November 14, 1977. d!
In addition to any matters which respondents wish to bring to our attention, those briefs l
should describe (with appropriate references to the record) l l
the status of construction and. expenditures for the Midland facility as of the end of each calendar quarter from the inception of construction to the present,as.well as on 1
I September 3, 1976, the date the mandate in Aeschliman v.
i Consumers Power Company, 547 F.2d 622, was issued by the i
Court of Appeals.
In addition, we wish to be furnished 1
an affidavit (if such'information does not already appear in' the ' record) reflecting the projected status of construc-tion'and expenditures (assuming we were to permit construc-1
- tion to continue) during each of the calendar quarters l
between now and the end of 1978.
j 3/ In.all the circumstances, it would be singularly inaccro--
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priate for.the parties to file r' or us to accept, any more j
papers other than:these briefs.
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Intervenors' motion for stay or for'surt
.f reversal and the'ir appeal are consolidated for oral argument 4
before us on Thursday, November 17, 1977.
To minimize expense:to'intervenors as-they requested, we will.he'ar' argument in the City of Chicago where both intervenors' j
and Consumers' counsel'have:their offices.. The-presence
-of.' counsel for Dow Chemical and the staff are of course also expected at that argument.
The exact location, time, and order of presentation of argument will be announced by further order of this Board.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND. LICENSING APPEAL BOARD l
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Du Flo 4
i secretary to.the Appeal Board q
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UNT.TbL 'TATES OF AMERICA
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NUCt. EAR Rt.JULATORY CO'0IISSION In the Matter of
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1 CONSUMERS POWER COMPANY
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Docket No.(s) 50-329
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50-330
-(Midland Plant, Unit Nos. 1 and'2) 2 i.
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CERTIFICATE OF SERVICE I hereby certi'y that I have this day served the foregoing document (s) upon _ each person designated on the of ficial service list co= piled by the of fice of the Secretary of the com:sission in this proceeding in accordance with the requirements of Section 2.712 of 10 CFR Part 2-i Rules-of Practice, of the Nuclear Regulatory Commission's Rules and -
Reguistions.
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1 Dated at Washington, D.
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- day of 197 J
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l Of fice of the Secretary of the Commission
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l UNITED STATES OF AMERICA-NUCLEAR. REGULATORY COMMISSION
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In the Matter of c
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CONSUMERS POWER COMPANY.
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Docket No.(s) 50-329
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50-330 (Midland Plant, Uni.'.s 1 and 2)
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l SERVICE LIST Frederic J. Coufal,,Esq., Chairman
. Atomic Safety and Licensing Board
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U.S. Nuclear Regulatory Comission Washington, D.C. ~ -20555
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Dr. Emeth A~. L Luebke James A. Kendall, Esq Atomic Safety and Licensing Board Currie and Kendall
'l U.S. Nuclear -Regulatory Comission
-135 North Saginaw Road Washington', D.C.
20555 Midland, Michigan 48640 L
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. Dr. J. Venn Leeds,-Jr.
Jadd L. Bacon, Esq.
10807 Atwell Consumers Power Company
' Houston,. Texas.77096'.
.212 West Michigan Avenue
.I Jackson,. Michigan' 49201.
Office.of the Executive Legal Director i
Counsel for NRC Staff William J. Ginster, Esq.-
U.S. Nuclear Regulatory. Comission
'Merrill Building, Suite 4
' Washington, D.C.
20555-Saginaw, Michigan 48602
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g Myron M. Cherry, Esq.
l One IBM Plaza Chicago, Illinois 60611' j'
" Harold F. Reis,zEsq..'
Lowensteinf Newman, Reis & Axelrad Honorable Curtis G. Beck
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1025 Connecticut-Avenue,EN.W.
Assistant-Attorney General l Washington,.D.C. 20036 State of Michigan Seven Story Office Buil' ding.
Honorablej cha rles ' A.o Briscoe
- 525. West ottawa '
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l Assistant Attorney. General.
.' Lansing, Michigan 48913; L
e 1 Topeka, - Kansasl : 66612 V 1 Lee Nute, Esq.
. State.of-Kansas ~
Michigan Division
- Irving Like,;Esq d
- The Dow Chemical Company
.Reilly, Like and Schneider:
-47~ Building 200.WeatiMain Street'
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50-329, -330 paga 2-3
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l Anthony Z. Roisman, Esq.
Natural. Resou? ries Defense Council 15th Street, N.W.
917 Washington, D.C.
20005~
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- Joseph Gallo, Esq..
Isham,-Lincoln & Beale
'1050 - 17th Street, N.W.
Washington, D.C.
20036 Michael I. Miller, Esq.
Caryl A. Bartelman,'Esq.
Isham, Lincoln & Beale One First National Bank Plaza Chicago, Illinois 60603 NW. Mary.Sinclair 5711 Summerset Street Midland, Michigan 48640 Mr. Steve Gadler,'P.E.
2120 Carter Avenue St. Paul, Minnesota 5510F Grace Dow Memorial Library 1710 West St. Andrew Roa f Midland,. Michigan 48640 6
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