ML19344A164

Responds to Mi Atty General 780602 Petition to Intervene. Petition Should Be Amended to State Specifically Whether Request for Participation Is as Interested State or Full Party

ML19344A164
Person / Time
Site:	Midland
Issue date:	06/19/1978
From:	Gibbs M, Mark Miller CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8008060462
Download: ML19344A164 (2)

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UNITED STATES OF AMERICA.

NUCLEAR REGULATORY COMMISSIONc y 1.

Ull'fiQ Before the' Atomic Safety and' Licensing Board $

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In the Matter /Of -)-

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

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50-330

'(Midland Plant, Units 1 and 2)

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f-ANSWER OF CONSUMERS POWER COMPANY-1 TO PETITION OF THE ATTORNEY GENERAL OF THE s,

STATE OF MICHIGAN FOR LEAVE TO INTERVENE

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i On June 2,-1978 the Attorney General of the State

j. of Michigan (" Attorney General") petitioned the Atomic Safety 1

and Licensing Board (" Licensing Board") for leave to intervene

'in the operating license proceeding for the Midland Plant on-behalf of.the Feople of the State of Michigan. The Petition did not specify whether the' Attorney General wished the State

of Michigan.to be admitt'd e as an interested State pursuant.

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to 10 C.F.R. 52.715:or as a full party in'accordance with '

S2.714.

The NRC Staff.on June 13, 1978 responded to the q

. Petition asfthough it were a request to participate as an J if

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- interested ' State, . and recommended that 'it'.be grarited. However, r

counsel:l for' Consumers Power Company ..(" Consumers Power" or

~" Licensee");was informed ~by counsel for the' Attorney General "in a telephone-. conversation'that the State of Michigan proposed

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admission as a full party in the operating licensee pro-ceeding. In view of this confusion regarding the intended 3

status of the State of Michigan, Consumers Power believes that-the Attorney. General should be required to amend his Petition so as to state specifically the capacity in which the State of Michigan wishes to participate. - '

Furthermore, if the-State of Michigan does want to be a full. party the present Petition is defective in that it does .not set forth "the specific aspect or aspects of the subject matter of the proceeding as to which petitioner wishes to intervene" required under the amended version of 10 C.F.R. S 2. 714 (a) (2) . If the Petition were to be judged under the standards of the former version of 52.714 it would also be found wanting, for it does not contain a statement of contentions.

Therefore, while Licensee does not question the standing.of the State of Michigan to participate in this pro-ceeding, Consumers Power does believe that the Licensing Board should require the Attorney General to amend his Petition.so as to resolve its present ambiguities and conform to the Rules of Practice of the Commission.

A Michael I. Miller

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DMb IMO(

Martha E. Gibbs y Two of the Attorneys for

'ISHAM, LINCOLN &.BEALE. . CONSUMERS POWER COMPANY One First National. Plaza--

Suite 4200

. Chicago, IL - '60603 (312).786-7500

. June ~19,:1978

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