ML19344A148

Util Reply to Intervenors' 771010 Objection to Util Petition for Reconsideration of ASLB 770923 Order.Util Affirms Request for Opportunity to Rebut Allegations Made in ASLB Order.Certificate of Svc Encl

ML19344A148
Person / Time
Site:	Midland
Issue date:	10/18/1977
From:	Bartelman C, Mark Miller CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8008060433
Download: ML19344A148 (5)

Text

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October 18, 1977 T

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dI/ NUCLEAR REGULATORY COMMISSION l

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Before the Atomic Safety and Licensing Board

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In the Matter of )

) Docket'Nos. p50-CONSUMERS POWER COMPANY ) 50-330

)

Midland Plant, Units 1 and 2 )

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REPLY TO MIDLAND INTERVENORS' OBJECTION TO CONSUMERS POWER COMPANY'S PETITION FOR RECONSIDF. RATION Intervenors have objected to Consumers Power Company's " Petition For Reconsideration of Portions of Board's September 23, 1977 Order" by a filing dated October 10, 1977 (Intervenors' Objection). Consumers Power Company (Licensee) seeks to'briefly respond to the mischaracterizations contained in Intervenors' Objection. ,

First, it should be noted that there is no legal authority claimed (and none exists) for Intervenors' incorrect interpretations of the standards governing evidentiary presentations in these proceedings.* Contrary to Intervenors' ,,

apparent assertion that all exclusi,onary rules of evidence

-are " highly technical" and have been created purely for

• In part,icular, see Federal Rule of Evidence 803(6) .

and facts surrounding prepa.ation of Midland Inter-venors' Exh. 25 (Licensee's Petition, pp. 8-12), contra

. Intervenors' claims regarding " ordinary course of-business." (Intervenors' Objection, p. 5).

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'" obfuscatory" purposes-(Intervenors'. Objection at.pp. 1,;5), -"

good reason exists.to exclude a document (such as that in

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i Equestionlhere) which is inherent 1y untrustworthy.and_ unreliable and as to which-there has not been any examination of its accuracy. (see Licensee's Petition, pp. 8-12) .

Second,-theEfactual assertions made 1,n Intervenors' F

Objection are disputed by Licensee and. unsupported by a proper reading of the record.- The existence of such a dispute obviously was and'still.is.the reason for' Licensee's request that the Board hold the record on the subject open until further. evidentiary submissions are permitte'd. It'was this request for relief which determinedothe tenor of Licensee's.

Petition.. Thus, Licensee'did not and.does.not consider it appropriate to now submit " evidence":regarding a subject on a which the Board has made a finding in its Order. Intervenors, who have previouslyfshown their predisposition to the contrary,

-considerithis to somehow constitute an admission of the- _

? truth.of the Board's findings,-(which Licensee is requesting

'it'toJreconsider),.inaccurately quoting Licensee's Petition v2 -

in the' process 1]Intervenors' Objection, p. 4).

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o. Licensee awaits the Board.'s indication that it

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Lwill reconsider the relevant portions of.~its Order, and its

determination of the appropriate method..for further evidentiary r

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4 f 4 submittals; LicenseeDis anxious to supply such submittals; $

It- is obvious - that- Licensee considers : the Board's findings.

in paragraphs 101and111 to'have been untrue-and therefore

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erroneous-(see L'icensee's Petition p.!4),=and Licensee now.

strongly re' iterates'this view and its-belief that. leaving-1 the record open and-allowing further evidentiary presestations i on thelsubject will;.,, result in true and proper findings,.with-

. record support. . The Petition For Reconsideration was properly-

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1 framed,'an'd Licensee. affirms its request for the opportunity L - to. rebut theiallegations made in tihe Board's Order.

i Respectfully' Submitted, I 4keM 1/LL y '

< Michael I.' Miller >

fA1Af / b- M Caryl-A.~ Bartelman- t Counsel for Consumers Power Company.

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Isham, Lincoln'&TBeale One First-National Plaza l'

. Suite 4200.*

- Chicago,. Illinois 60603 .

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. Llcober 18, 1977 4h UNITED STATES OF AMERICA g $

NUCLEAR REGULATORY COMMISSION ( j$ y-Before the Atomic Safety and Licensing Boar $

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• w In the Matter of )

) Docket Nos. 50-329 CONSUMERS POWER COMPANY ) ,

50-330

)

Midland Plant, Units- 1 and 2 )

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CERTIFICATE OF "ERVICE I hereby certify that copies of the enclosed " Consumers Power Company's Motion For Leave To File Reply To Intervenors' Objection To Petition For Reconsideration Instanter" and

" Reply to Midland Intervenors' Objection to Consumers Power Company's Petition For Reconsideration" dated October 18, 1977, in the above-captioned proceeding, have been served upon.the following by deposit in the U.S. mail, first class, postage prepaid, this 18th day of October, 1977:

Frederic J. Coufal, Esquire Atomic Safety and Licensing Chairman _ . Appeal Board Atomic Safety and Licensing U.S. Nuclear Regulatory Board Panel Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Mr. C. R. Stephens ._

, Dr. Emmeth A. Luebke Chief, Docketing and Service

{' Atomic Safety and Licensing Section

. Board Panel Office of the Secretary of

\ Washington, D.C. 20555 the Commission Washington, D.C. 20555 Dr. J. Venn Leeds, Jr., Esquire

• 10807 Atwell Richard Hoefling, Esquire Houston, Texas 77096 Counsel for the NRC Staff U.S. Nuclear Regulatory Commission Washington, D.C. 20555

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'L.-F. T

- Atomic Safety and' Licensing. Nute, Esquire

. Board Panel.' .

Legal:. Department U.S. Nuclear-Regulatory Dow Chemical U.S.A.

Commission- Michigan Division Washington, D.C. _

20555- Midland, Michigan 48640

- Myron M. Cherry,-Esquire

. Suite 4501 One' IBM Plaza Chicago, -Illinois 60611 l

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Caryl A. Bartelman One of the Attorneys for ,

Consumers Power Company '

Isham, Lincoln & Beale One.First National Plaza'-

Chicago, Illinois .60603 0

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