ML19338C217

Status Rept of Midland Plant Units 1 & 2

ML19338C217
Person / Time
Site:	Midland
Issue date:	11/03/1978
From:	NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:
Shared Package
ML19338C214	List: ML19338C213 ML19338C217
References
NUDOCS 8008050667
Download: ML19338C217 (9)

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August 22, 1978 STATUS REPORT - MIDLAND PLANT,-UNITS 1 and 2

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00CKET'NOS. 50-329/330 Construction Permit Review On January 13,-1969, the applicant, Consumers Power Company, applied to. our predecessor organization, the Atomic Energy 'Comission, for ' licenses.to construct and operate two pressurized water nuclear reactors to be located at the Midland site on the southern boundary of Midland, Micnigan, on the right bank of the Tittabawssee River.

The proposed

' Midland plant consists of two 2452-thermal megawatt nuclear reactort designed and manufactured by.the Babcock & Wilcox Compan. Each of the reactors is housed in a leak-tight reinforced concrete containment structure being constructed by the Bechtel Corporation. A part of the thermal output of the plant will be in the form of p.ocess steam which will be exported to the Dow Chemical Company located across the river

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from the nuclear plants.

j The plant was reviewed by the AEC regulatory staff and by the Advisory

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.Comittee on Reactor Safeguards -(ACRS). On November 12, 1970, the Atomic Energy. Comission issued its Safety Evaluation Report which concluded, among other things, that' there is reasonable assurance that the' proposed facility

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can be constructed and operated.at the proposed. location without-undue risk -to.the health and safety of the public,-and that issuance of, a permit for the construction of the facility will not be inimical to the comon defense'and security or the health and safety of the public.

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The Midland Safety Evaluation Report was supplemented on January 14,

' 1972, to provide our review and conclusions regarding the Midland Plant emergency core cooling: System, radioactive waste treatment system, and

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Consumers Power Company 's -financial qualifications. A second supplement was' issued in July 1977 to. address generic itans identified,by ACRS.

- A Final Environmental Statement providing the results of our review of the environmental aspects of the plant was issued in March :1972 and supplemented in-June 1977. Copies-of the Safety Evaluation Report and

- the Final Environmental Statement, both with supplements, are appended to.this report. Construction Permits CPPR-81 and CPPR-82 authorizing construction of the Midland Plant, Units 1 and 2, were issued to Consumers Power Company on December 15, 1972.

Hearings Apper. dix A of Supplement 2 to our Safety Evaluation Report for the Midland Plant -lists the chronology of milestones since issuance of the Safety Evaluation Report,-including hearing activities to Novecber 30, 1976.

From Appendix. A it can be seen that prior to issuance of the construction permits, public hearings were held beginning on-December 1,1970, and after several r'asumptions, ended on June if,1972. Since issuance of the

- construction permits, Midland has'been the subject ~ of several other hearings.

-These other hearings-hh.e involved matters of quality assurance, antitrust, suspension or censure of attorneys, and certain'" remanded" issues discussed below.

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On July 21, 1976, the United ' States Court of Appeals for the District of Columbia Circuit in Nelson Aeschliman, et al v.. U.S. Nuclear Regulatory Commission, 547 F2d 622, remanded certain issues related to the environ-l mental and safety. reviews of Midland. On August 16, 1976, the Commission l'

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reconvened an Atomic Safety and Licensing Board (Board) to consider whether i

the construction permits for~ the Midland Plant should be continue. r l

l modified, or suspended.in light of the. issues remanded by the D. C. Circuit.

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The remanded issues concern the appraisal of the environmental impact i

of the nuclear fuel cycle, the influence of energy conservation on the need for the plant, Dow Chemical Company's need for the process steam, and clarification ~ of generic matters referred to by the Advisory Committee on Reactor Safeguards. The Board issued a Decision on September 23, 1977, declining to suspend the permits, which was subsequently upheld by the Atomic Safety and Licensing Appeal Board in ALAB-458 7 NRC 155, February 14, I

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' 1978. While Commission review of the Appeal Board's Decision was pending, the Court of Appeals' Decision to remand these issues was reversed by the Supreme' Court in a Decision issued April 3,1978 captioned Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council,-98 S.Ct 1197.

As a result, the Commissionfis presently considering what issues, if any, reniain in view.of the Supreme Court's Decision. Copies of the Decisions-by the Appeal' Board and the' Supreme Court are appended to this report.

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Operating License-Review On August 29, 1977, Consumers Power Company tendered the Final Safety Analysis Report as part of the application for operating licenses. The

. Environmental ~ Report for the Midland Plant was tendered on March 1, 1978.

We docketed these reports and issued the appended Notice of' Availability of Applicant's Environmental Report; Notice of Consideration of Issuance of Facility Operating Licenses; and' Notice of Opportunity for Hearing.

In response to the Notice of Opportunity for Hearing, Mrs. Mary P.

. Sinclair requested a hearing and leave to intervene on her behalf and tnat of the Saginaw Valley Nuclear Study Group, and Mr. Frank J. Kelley, the Attorney General of the State of Michigan, filed a petition for leave l

to intervene.

In the enclosed Memorandum and Order dated August 14, 1978,

. the Board ordered a hearing on the' application for an operating license l'

and ruled upon the petitions:for leave to intervene. Details of the hearing i.

l' are yet'to be established; details will be noticed in the FEDERAL REGISTER 1

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- and sent to participating parties and to State and local officials l

once established.

l Our~ schedule for the radiological safety review is given in the appended l

- letter. to' the applicant dated December 27, 1977. For the environn. ental

- review,'we. expect to issue a Uraft Environmental Statement for the operating license _stageLin February.1979Eand:the Final Environmental Statement in l

May 1979.; Notices will be published in the FEDERAL _ REGISTER ' indicating -

the availability of these statements upon. issuance.

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1 Construction Status Construction of Unit 2 is presently about 47 percent complete and Unit-liis'about 42 percent complete. The applicant's scheduled. commercial Loperating date is March -1,1981 for Unit 2 and March 1,1982 for Unit 1.

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. Further Information Sources--

l-The_ Nuclear' Regulatory Comission has established an official local t

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public ~ document. room 'at' the Grace Dow Memorial Library, located at 1710 V

l W. St. Andrews Road,, Midland, Michigan' 48640. The Comission' also maintains a' public document room at 1717. H Street, NW, Washington, DC 20555.

-Ment)ers of_ the public may; review the application and related correspondence l

'at these locations.- All the documents referred to in this report are

.I available there, including th2 FSAR and its amendments and the Environmental i

Report. All correbondence, including that-between applicant and staff, is avail'able;in the public document room. All future correspondence on this application _will also be available there.

- Attachmentsi

'l.- -Safety Evaluation Report -

l 2.

Supplement.No.1 to Safety Evaluation' Report 7:

3. '. Supplement-No. 2 to Safety Evaluation Report

. 4.' Final Environmental Statement 5.-- Supplement,to Final Environmental Statement 6.- ' Board Decision 9/23/77

7. :ASLAB-458 7'2/14/78 t

8.. Supreme Court Decision -4/3/78

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Notice of Opportunity _for Hearing L

10. Memorandum & Order' 8/15/78 ll. -Staff Letter dtd 12/27/77_

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August 14, 1978-1TO:. Congressional:_ Liaison Nuclear. Regulatory Commission

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'FM. Robert.P. Griffin

.U. S.' - Senator A~ constituent,.Mrs., Robert'Sobczak, has requested-information'on the' Midland Nuclear Reactor Plant. - Any

~information-.you might be.able-to provide as well as a--

status report on the project.will be appreciated.

Thank.you, i

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November 29, 1978 p 2.T

% ron M. Cherry, Esq.

1 IBM Plaza Chicago, Illinois 60611 1.

In the Matter of CONSUMERS POWER COMPANY 4

(Midland Plant Units 1 and 2)

Docket Nos. 50-329 and 50-330

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(Operating Licenses Proceedilig)

Dear Mr. Cherry:

In ycur November 20, 1978 letter, you request advance notification of meetings between tha NRC Staff and persons from or representing i

Consumers concerning the Midland site. As you indicate, you have..

j been receiving memorandums of taaetings concerning such meetings. $

records indicate that you have also been receiving meeting notices in advance of the meetings.

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On June 28, 1978, a statement of NRC Staff policy regarding open

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meetings was published in tne Federal Recister (43 Fed. Je. 28058).

R The NRC Staff has and will continue to achere to this policy in

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i metters involving the Midland applicatiod. Ms. Sinclair has attended such meetings in the past few months as have representatives of Hapleton Intervenors.

I trust this has been responsive to your request.

DISTRIBUTION JTourtellotte

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Sincerely, W0lmstead, RHoefling Shap3r/Engelhardt/Scinto FF (2)

William J. Olmstead Reg. Cent., LPDR Counsel to NRC Staff 0.D.T. Lynch, D. Hood Enclosure cc:

(w/oencl.)

Ivan W. Smith, Esq.'

Atomic Safety & Licensing Board Panel Mr. Lester Kornblith, Jr.

Atomic Safety & Licensing Appeal Panel Dr. Frederick P. Cowan Docketing and Service Oection LDFrank J. Kelley 47 Ms.~ Mary Sinclair.

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