ML19344A082
| ML19344A082 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 06/20/1979 |
| From: | Gibbs M, Mark Miller CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8007290960 | |
| Download: ML19344A082 (7) | |
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?A? /~Y UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 3
Before the Atomic-Safety And Licensing Board
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In the Matter of
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CONSUMERS POWER COMPANY
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Docket Nos.~50-329
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50-330 (Midland Plant, Units 1.and-2)
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' MOTION OF CONSUMERS' POWER CL.dANY TO ESTABLISH SCHEDULE 1.
On February 23, 1979, this Atomic Safety and Licensing Board
(" Licensing Board") issued a Special Prehear-ing Conference Order in the:above-captioned proceeding which, among other things, established a schedule for the conduct of
-the operating license proceeding for the Midland Plant based on_certain~ assumed dates for issuance of Nuclear Regulatory Commission (the "NRC" or the " Commission") Staff documents.
At that time, the scheduled issuance dates for the NRC Staff
-documents were as follows:
DES
-February 9, 1979 SER_- May-1, 1979 FES - June 27, 1979 SER Supp - August 1, 1979 The Order provided that "A determination by the Board as to
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whether or not. environmental and health and safety matters will be heard at separate hearings will' abide further prog-ress in issuance of the Staff. documents."
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. 2.
.As a result of the Th'ree Mile Island accident,-
g the NRC Staff has reallocated its resources so as to defer
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-most' licensing review-of the Midland Plant application, which in~ turn will defer issuance of the foregoing documents to dates-that have'not yet been established.
Deferral of the review process was also based on an NRC Staff estimate that construction of Unit 2 of the Midland Plant (i.e.,
the first-unit-to come on line) would-not be completed until November, 1981.
The NRC Staff advised the Licensing Board of this es-
'timate by letter dated May 21, 1979.
Thai astimate was made without consultation with Consumers Power Company (" Consumers Power" or " Applicant") and was not based on any new informa-
' tion or data supplied by Applicant.
Applicant does not agree with~the NRC Staff estimate.
However, as Consumers Power is s
advising the Licensing Board and the partic: by letter of today's date, Applicant has revised its project schedule so as to delay its Unit 2 target fuel load date from/ November
'1980, to June 1981.
The Unit 1 target fuel load date re-
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-mains November, 1981.
3.
The NRC Staff has advised Consumers Power that, notwithstanding the announced licensing review deferral of the Midland Plant, the DES -is expected to be. issued in
' September or October, 1979.
Also, NRC Staff work on the diesel generator building settlement issue is proceeding and the NRC: Staff 'should be able to make a safety analysis of
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1 that issue in'the same~ approximate time frame now'contem-o o
plated for issuance of.the DES.
4.
Accordingly,-Applicant believes that separate-
. hearings should be held on environsental and radiological health and' safety matters, a possibility which the Licensing
. Board' recognized in its Order.
A proposed. schedule for en-vironmental issues and the diesel generator building settle--
ment issuecis attached.
The schedule also proposes >that a prehearing conference be held on October 23,-1979, to estab-lish a schedule for the remaining issues to be tried.
S '.
It.is clearly within a Licensing-Board's power to regulate the course.of'a hearing and to consider a partic-
-ular issue or-issues separately from, and prior to, other issues.
_stomac Electric Power-Company (Douglas Point Nuclear Generating Station, Units 1.and 2), ALAB-277, 1-NRC-539 (1975);-10 C.F.R. S2. 718 (e) ; 10 C.F.R. Part 2, Appendix
'A, par. I(c).
As the Atomic Safety-and Licensing Appeal Board stated in' Douglas Point, the principal factors to be
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considered by~the Licensing-Board in deciding whether hear-
=ings on specific issues ~are appropriate are:-
(1) the degree of likelihood that any early findings on the^ issue (s) would-retain'their vslidity; (2) the advantage, if any, to the public interest:and'to the litigants in having an early, if not. necessarily~ conclusive, resolution of the issues (s) ;.and (3) the~ extent to which the. hearing of the issue'(s) at an t-,-.
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.ea'rly. stage would,-particularly'.if the issue (s) were-later
.reopenednbecause of supervening developments, occasion prej-udice'to one.or.more of the litigants.
1 NRC at 547.
6.
Early resolution of environmental issdes and.
the diesel-generator building settlement issue wotid enhance the possibility that licensing review and hearings will be-completed;by the time: Unit 2 is ready for-fuel loading.
If.
those portions'of the licensing process are not completed and fuel loading-is delayed, a significant increase in inter-est charges and other costs to Consumers Power and its rate--
payers would result..In-addition, the delay would adversely
-affect'The Dow Chemical. Company which has an urgent need for the process steam to be supplied from the Midland Plant co-generation facility.
Finally, resolution of these issues at an early. stage would better enable. Applicant,to make any modifications to the nuclear plant required as a resultiof 5
-the Li~ censing Board's findings.
7,
.For the reasons set forth above, Applicant re-quests that the Licensing Board adopt the attached-schedule for further proceedings in this matter, and modify the February 23, 1979 Special Prehearine Conference Order accord-ingly.-
Respectfully. submitted, O
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Michael I. Miller i
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G I p5'A Martha E. Gibbs g ISHAM, LINCOLN & BEALE One First National: Plaza 4200-
- Chicago, Illinois:
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- 312/558-7500:
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4 l APPLICANT'S: PROPOSED' SCHEDULE
- 3 2/23/79
- Special Prehearing Conference Order.
Dis-covery begins.
9/03/79
-Issuance of' partial SER on diesel generator
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building settlement.
-9/03/79
. Issuance of DES.
4 10/23/79 Prehearing conference.
12/03/79
- Discovery related to Environmental and diesel generator building settlement issues ends.
12/14/79 Restatement of contentions due.
12/24/79 Responses to restatement of contentions, if necessary, due.
i 2/01/80 Issuance of FES.
2/18/80 Supplemental environmental discovery request due.
3/07/80 Supplemental' environmental discovery, if re-quested, ends.
3/17/80 Restatement of contentions due.
3/27/80' Responses to restatement of contentions, if necessary, due..
4/07/80 Deadline for filing motions for summary disposition.
5/02/80 Answers to motions for summary disposition due.
-5/09/80 Prehearing: conference.
5/30/80 Deadline for filing written testimony.
6/17/80
. Hearings.begin.
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UNITED STATES OF AMERICA-g
-NUCLEAR ~ REGULATORY COMMISSION-T Before the Atomic Safety And Licensing Board
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'In the Matter of
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CONSUMERS' POWER COMPANY
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Docket Nos. 50-329
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50-330
-(Midland Plant, Units 1 and 2)
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CERTIFICATE OF SERVICE I hereby certify.that copies of the attached-
" MOTION OF CONSUMERS POWER COMPANY TO ESTABLISH. SCHEDULE" in the above-captioned proceeding have been served upon the l'
~following parties by? United States Mail, first-class postage
~ prepaid,'this 20th day-of June, 1979:
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-Ivan W.- Smith, E Jg.
Ms. Mary Sinclair Atomic Safety-.and Licensing Board 5711LSummerset Street U.S.. Nuclear Regulatory Comn.
Midland, Michigan 48640
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- Washington, D.C.
20555
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Colleen P. Woodhead, Esq.
'j Mr._Lester Kornblith, Jr.
~ Counsel *for the NRC Scaff
~ Atomic. Safety and Licensing-Board U.S. Nuclear Regulatory Comn..
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U.S.. Nuclear Regulatory Comn; Washington, D.C.
Washington, D.C.
20555
.20555 i
Dr. Frederick-P. Cow n
~ Board Panel.
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.l Atomic Safety and Licensing:
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- Apt.?B-125 U.S. Nuclear Regulatory Comn.
6152 North Verde Trail' Washington, D.C.
20555 Boca Raton,-Florida--33433.
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Atomic Safety and Licensing Frank J. Kelly, Esq.
-Appeal Panel' Attorney. General of the U.S. Nuclear Regulatory Comn.
State of Michigan
-Washington, D.C.
20555 Stewart H. Freeman, Esq.
. Assistant Attorney General-Gregory T. Taylor, Esq.-
Myron M. Cherry, Esq.
Assistant Attorney General
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i 1 IBM Plaza - 4501 Environmental Protection Div.
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Chicago, Illinois 60611 720 Law Building Lansing, Michigan -48913 Mr. C. R. Stephens Chief, Docketing and Service Mr. Wendell H. Marshall Section 4645 South Saginaw Road Office of the Secretary Midland, Michigan 48640 j
U.S. Nuclear Regulatory Comn.
Washington, D.C.
20555 Grant J. Merritt, Esq.
Thompson, Nielsen, Klaverkamp & James 4444 IDS Center Minneapolis, Minnesota 55402 i
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f-Martha E. Gibbs One of the Attorneys for CONSUMERS POWER COMPANY j
ISHAM, LINCOLN &'BEALE One-First National Plaza - 4200 Chicago,. Illinois
'60603 u
312/786-7500 l
June 20, 1979
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