ML19344A154
| ML19344A154 | |
| Person / Time | |
|---|---|
| Site: | Midland, Palo Verde |
| Issue date: | 05/23/1977 |
| From: | Deale V Atomic Safety and Licensing Board Panel |
| To: | CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), NRC COMMISSION (OCM) |
| References | |
| ISSUANCES-SP, NUDOCS 8008060447 | |
| Download: ML19344A154 (6) | |
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UNITED STATES OF A! ERICA NUCLEAR REGULATORY COMMISSION 3
(Cocket Nos. 50-329sP,50-330SP) g THE CONSUMERS PCWER CCMPANY ocermo g
(Midland Plant, Units 1 and 2)
SPECIAL PROCEEDING
.lg YAY 231978 >C g
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ORDER
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The following numbered paragraphs of this order confirm, change and supplement the directions and guidelines given by the special board at the conference of attorneys for che parties to the special proceedings on May 17, 1978.
The terms of the pro-posals for settlement referenced in paragraphs 1 and 2 are net described inasmuch as they were discussed at the conference on an off-the-record basis in keeping with the wishes of the attor-neys for the parties.
1.
The attorneys will endeavor to reach an agreement among themselves for settling the special proceeding on the basis of certain action by the Commission and reaction by a third party,. and if such an agreement is reached, they will deliver the agreement to the special board on or before May 31, 1978.
If, after receipt of any such agreement or any other involving.the element of approval by the Commission, the special board finds the agreement to be deserving of the Commission's consideratien, the special board will transmit che agreement to the Commission for its approval or disapproval.
The special D
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board will keep the attorneys timely informed of. its -related communications;with the Commiss'icn, as it has. done in the past..
M However,' the special board _ willi not find an agreement worthy of the Commission's cconsideration if, la the judgment of the special board,.the agreement offers no reasonable hope for the
' Commission's approval.in. light of, for examp ele the Ccmmission's letter of AprilL28, 1978 to the special board.
For sake of identification, the particular proposed agreement referenced in this paragraph ~was-.. presented at the conference by Mr. Bonderman.
1 2.
The attorneys will explore the possibility of settling the special proceeding on the basis of one or another of two other ' proposed agreements wherein the requirement of Commission approval was not indicated.
For sake of identification of these proposed agreements, they were presented at the conference'by Mr.'Perlman.
3.
.Unlass prior to early June there is a significant
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positive development with respect to effecting a settlement of
.the special proceeding, the special board intends to report then to the Commission as called for by the Commission's letter-
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of JanuaryL30, 1978 "afterithe possibility of. settlement has been explored."
4.-
. During the recent pericd: of exploring the possibility of settlement offthe special proceeding, the special board sus-
'gended!all-filing'idates.
Itinow appears appropriate to re-
. schedule'such_ dates.
Accordingly,,all answers;not yet made to e
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pending. motions are due on or before twenty-one (21) days fol-lowing receipt by each party's counsel of the special board's 3
report to the Commission referenced in the above paragraph 3,
- rather-than at any. cther time discussed at the May 17 conference.
f As ruled at that. conference, no replies to answers are allowed.
l S.
Also, counsel for.the Saginaw intervenors should l
l supplement the notice of appearance-heretofore made in the f
special proceeding in behalf of the Saginaw in'tervenors, dated
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Eanuary 27. 1978, in the following manner:
the chief executive officer'or his deputy of each organization and each individual, if any, among the.Saginaw intervenors in this special proceeding will file or cause to be filed on or before fourteen (14) days following the receipt of'a copy of this order by counsel al-ready appearing in this proceeding for the Saginaw intervenors a 1etter addressed to the special board confirming the particu-
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lar Saginaw intervenor's authorization that the named counsel represents its or his or her interests in the special proceed-
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ing.
This requirement parallels a comparable requirement to which the NRC Staff has already complied.
6._
Unless the Commission should indicate otherwise, the special board is.not planning to rule upon the pending disposi-
.tive motions and ~it is not' planning to rule upon the single other l
- pending motion, which is not dispositive.
The special board is
.now seeking'to arrange for the pending motions to be in a state of readiness for-decision' thereon /following its-report to the
- Commission referenced in paragraph 3.
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.7.
To facilicate exploration:of settlement possibilities, the chairman of the special board is. amenable to discussing off i
the record with any one or more attorneys appearing in the special. proceeding considerations bearing upon settling this special proceeding, provided the chairman is first notified that counsel for each of'the parties in the special proceeding waive objections to such procedure.
Dated this 23rd day of May 1978 at Washington, D.C.
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Atomic Safety and, Licensing Board for Special Planning Y
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UNITED STATES OF AMERICA NUCTIAR PIGUI.ATORY COM:1ISSIO:; -
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50-329S[M-a:
CONSUMERS POWE?, COMPANY Docket No.(s) 50-330 S
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(Midland Plant, Unit Nos.1 and 2)
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CERTITICATE OF SEnt* ICE.
I hereby certify that I have this day served the foregoing document (s) upon each person _ designated on the official servico' list co= piled by the Of fice of the Secretary of the Cornission in this rroceedin; in accordance with the requirements of.Section 2.712 of 10 CFR Part 2-
- Rules of-Practice, of the Nuclear Regulatory Cormission's Rules and l
-Regu ations.
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Dated at t?ashington,fl h z 197 / -
.D.C.
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15 UNITED STATES OF A:2RICA NUCLEAR PIGULATORY CO:0:ISSION In the' Matter of
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. CONSUMERS POWER COMPANY-
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Docket No.(s)50-329SP 1.
)50-330SP (Midland Plant, Units 1 and 2)
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. SERVICE LIST
-Valentine B. Deale, Esq.
Harold'F. Reis, Esq.
l' 1001 Connecticut Avenue, N.W.
Lowenstein, Newman, Reis & Axelrad Washington, D.C.
20036 1025 Connecticut Avenue, N.W.
l Washington, D.C.
20036
-Margaret M. Laurence., Esq.
5007 King Richard Drive Judd L. Bacon, Esq.
Annandale, Virginia 22003 Consumers Power Company I
212. West Michigan Avenue j'
Gary L. Milho111n, Esq.
. Jackson, Michigan 49201 c : 0 1815 Jefferson Street-l Madison, Wisconsin 53711 Joseph Gallo, Esq.
l Isham, Lincoln & Beale-
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l William.J.JOlmstead, Esq.
1050 - 17th Street, N.W.. Suite 701 Thomas.F. Engelhardt, Esq.
Washington, D.C.
20036 Counsels for NRC Staff L
U.S. Nuclear Regulatory Commission Michael I. Miller, Esq.
l Washington, D.C.
'20555 Cary1'A. Bartelman, Esq.
l Isham, Lincoln & Beale-
.T.S.L. Perican, Esq.
One First National. Bank Pla=a 1776 "F" Street, N.W.
Chicago, Illinois 60603 Washington, D.C. -20006 Grace Dow Memorial Library Myron M. Cherry, Esq.
1710 West St. Andrew Road One-IBM Plaze
. Midland, Michigan 48640
-Chicago,-Illinois 60611
' Milton V. Freeman, Esq.
1 Rosalind-C.: Cohen, Esq.
' Arnold"and Porter 1229 -119th Street, N.W.
Washington,:D.C. :20036 a
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