ML19340E584

Request for Correction of 801231 Memorandum Re 801229 Telephone Conference Call.Certificate of Svc Encl

ML19340E584
Person / Time
Site:	Midland
Issue date:	01/09/1981
From:	Zamarin R CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, ISSUANCES-OM, NUDOCS 8101140968
Download: ML19340E584 (5)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION  ;

ATOMIC SAFETY AND LICENS'.SG BOARD Before Administrative Judges: ( -

Charles Becnnoefer, Chairman s;;__, .

Dr. Frederick P. Cowan Gustave A. Linenberger

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In the Matter of ) Docket Nos. 50-329 OM ~

) 50-330 OM CONSUMERS POWER COMPANY ) Docket Nos. 50-329 OL --

) 50-330 OL (Midland Plant, Units 1 and 2 ) -.

) January 9, 1981 q, REQUEST FOR CORRECTION OF MEMORANDUM OF DECEMBER 31, 1980 Consumers Power Company, by its attorneys, respectfully requests that the December 31, 1980 Memorandum of celephone conference call of December 29, 1980 be cor-rected as follows:

1. That the parenthetical statement at the conclusion of the first incomplete paragraph on page 3 be corrected in that Applicant did not state that it "now no longer sought his (Mr. Fiorelli) deposition." The Memorandum should be corrected to note that Applicant i stated that it was not presently requesting that the Board take any action with regard to Mr. Fiorelli. /

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• / In fact, at Mr. Keppler's deposition on January 6, 1981, he testified that Applicant would have to inquire of Mr. Fiorelli with regard to review of non-conformance reports as Mr. Keppler had no knowledge of that subject j

but that Mr. Fiorelli did.

9600 si e i l 81 0114 g

2. That the first incomplete paragraph on page 3 of the Memorandum have added to it Applicant's statement that the deposition of Mr. Gaston Fiorelli had in fact been previously agreed to by the Staff and scheduled by the parties and that it was the Staff who, in Detroit, on December 19, 1980 unilaterally stated its intention to no longer comply with the informal discovery agreements made to that date, which included Mr. Fiorelli's deposition, but that rather would produce only those witnesses as strictly required by the NRC Regulations, i.e., those who would be witnesses at the hearing. The Memorandum should further be corrected to show that Applicant stated that it was on that basis that Applicant advised the Staff that it would not proceed to produce its witnesses informally absent a reciprocal voluntary effort on the part of the Staff.

3. That the paragraph beginning on page 5 include the statement that on December 19, 1980 Applicant was advised that the Staff was aware that Mr.

Fiorelli was knowledgable in areas material to the instant proceeding, whereas designated witnesses were not.

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4. That the designation of witnesses on page 7 ,

i should be corrected to indicate Mr. Wanzeck and Mr. Lo as i i

being Consumers Power Company witnesses, not those of the NRC.

1 Respectfully submitted, CONSUMERS POWER COMPANY t

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Ronald G marin One of Its Attorneys

! Ronald G. Zamarin ISHAM, LINCOLN & BEALE

One First National Plaza i

Suite 4300 i Chicago, Illinois 60603

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(312) 558-7500 i

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I UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

i Charles Bechhoefer, Chairman Dr. Frederick P. Cowan l Gustave A. Linenberger

)

In the Matter of ) Docket Nos. 50-329 OM

) 50-330 OM CONSUMERS POWER COMPANY ) Docket Nos. 50-329 OL

) 50-330 OL (Midland Plant, Units 1 and 2 )

) January 9, 1981 CERTIFICATE OF SERVICE I, "ONALD G. ZAMARIN, one of the attorneys for Consumers Power company, hereby certify that copies of the foregoing " Request for Correction of Memorandum of December 31, 1980" in the above-captioned proceeding have been i served on each party designated on the accompanying Service List by deposit in the United States mail, first class

postage prepaid, this 9th day of January,1981.

bd(/ , '! l RONALD G4 _pAMARIN One of the Attorneys for Consumers Power Company I

I SERVICE LIST Frank J. Kelley, Esq. Steve Galdier, Esq.

Attorney General of the 2120 Carter Avenue State of Michigan St. Paul, Minnesota 55108 Stewart H. Freeman, Esq.

Assistant Attorney General Atomic Safety & Licensing Appeal

Gregory T. Taylor, Esq. Panel l

Assistant Attorney General U.S. Nuclear Regulatory Commission Environmental Protection Div. Washington, D.C. 20555 720 Law Building Lansing, Michigan 48913 Mr. C. R. Stephens Chief, Dccketing & Service Section Myron M. Cherry, Esq. Office of the Secretary One IBM Plaza U.S. Nuclear Regulatory Commission Suite 4501 Washington, D.C. 20555 Chicago, Illinois 60611 Ms. Mary Sinclair Mr. Wendell H. Marshall 5711 Summerset Street RFD 10 Midland, Michigan 48640 Midland, Michigan 48640 William D. Paton, Esq.

Charles Bechhoefer, Esq. Counsel for the NRC Staff Atomic Safety & Licensing Bd. Pnl. U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Com. Washington, D.C. 20555 Washington, D.C. 20555 Atomic Safety & Licensing Board Dr. Frederick P. Cowan Panel 6152 N. Verde Trail U.S. Nuclear Regulatory Commission Apt. B-125 Washington, D.C. 20555 Boca Raton, Florida 33433 Barbara Stamiris Mr. Gustave A. Linnenberger 5795 North River Road Atomic Safety & Licensing Bd. Route 3 U.S. Nuclear Regulatory Com. Freeland, Michigan 48623 Washington, D.C. 20555 l Sharon K. Warren i

Carroll E. Mahaney 636 Hillcrest Babcock & Wilcox Midland, Michigan 48640 P. O. Box 1260 Lynchburg, Virginia 24505 James E. Brunner, Esq.

Consumers Power Company 212 West Michigan Avenue Jackson, Michigan 49201 l

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