ML19344A169
| ML19344A169 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 04/11/1972 |
| From: | Hobbs F US ATOMIC ENERGY COMMISSION (AEC) |
| To: | |
| Shared Package | |
| ML19344A168 | List: |
| References | |
| NUDOCS 8008060480 | |
| Download: ML19344A169 (6) | |
Text
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Lj UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of
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CONSUMERS POWER COMPANY
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Docket Nos. 50-329A
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50-330A (Midland Plant, Units 1 and 2)
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-NOTICE OF ANTITRUST HEARING ON APPLICATION FOR CONSTRUCTION PERMITS Pursuant to the Atomic Energy Act of 1954, as amended (the Act),
and the regulations in Title 10, Code of Federal Regulations, Part 50,
" Licensing of Production and Utilization Facilities," and Part 2. " Rules of Practice," notice is hereby given that a hearing will be held, at a -
time and place to be set in the future by an Atomic Safety and Licensing Board (Board) designated herein, to consider the antitrust aspects of the application filed under. the Act by Consumers Power Company (the applicant), for construction permits for two pressurized water nuclear power reactors, designated as the Midland Plant, Units 1 and 2 (the facilities), 'which are each designed to operate at approximately 2452 megawatts (thermal).
The proposed facilities are to be located on the applicant's site adjacent to the Tittabawasee River in Midland County, Michigan.
The hearing will be conducted by an Atomic Safety and Licensing Board (Board) designated by the Atomic Energy Commission (Commission) consisting of Dr. Leonard W. Weiss, Hugh K. Clark, Esq., and Jerome Garfinkel, LEsq., Chai rman.
8008060 N d e
On' September 4,1971, the Commission published in the Federal Register a letter from the Attorney-General dated June 28, 1971, advising the Commission that certain antitrust aspects of the appli-cation of Consumers Power Company required a hearing.
A notice pub-lished with the Attorney General's letter provided that, within thirty days, any person whose interest nay be affected by the proceeding could file a petition for leave to intervene and request for an anti-trust hearing. Petitions for leave to intervene were thereafter timely filed by the Wolverine Electric Cooperative, Inc., and jointly by the following:
City of Traverse City, Michigan, and the Traverse City Light and Power Department; City of Grand Haven, Michigan, Board of Light and Power; City of Holland, Michigan, Board of Public Works; City of Zeeland, Michigan, and the Zeeland Board'of Public Works; City of Coldwater,: Michigan, Board of Public Utilities; the Michigan Municipal Electric Association;.and the Northern Michigan Electric Cooperative, Inc.
Answers to these petitions were filed by the applicant and the AEC regulatory staff.
The Commi:sion has determined that the pending petitions should be ruled upon cy the Board in regard to their respective requests for interventi on. -
A. pre-hearing conference will be held by the Board, at a date and place to be set by it, to cons'ider pertinent matters in accordance with r
. the Commis'sion's Rules of Practice (10 CFR Part 2). The date and place of the hearing will be set by the Board at or after the pre-hearing conference. -Notices as to the dates and places of the pre-hearing conference and the hearing will-be published in the Federal Register.
The issue to be considered at the hearing is whether the activities under the permits in question would create or maintain a situation inconsistent with the antitrust laws as specified in sub-section 105a of the Act.
In its initial decision, the Board will decide those matters relevant to that issue which are in controversy among the parties and make its.findingson the issue.
A cardinal pre-hearing objective will be to establish, on as timely a basis as possible, a clear and particularized identification of those matters related to the issue in this pr_oceeding which are in controversy. As a first step in this pre-hearing process, the Board shall obtain from the parties a detailed specification ~of the matters which they seek to have considered in the ensuing hearing.
In the event the Board finds that the. activities under the permits would create or maintain a situation inconsistent with the antitrust laws,.it will also consider, in determining whether construction permits should be issued, continued,l/ modified or conditioned, such other factors, Jf The instant application is covered by section 105c(8) of the Act pursuant-to.whichia construction permit may be issued for certain applications
, filed with the Commission prior to December 19, 1970, subject to subse-quent antitrust review under section 105c.
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, including the need for power in the affected area, as the Board in
.its judgment deems necessary to protect the public interest. The Board's consideration in the latter regard shall be based on the record sub-missions,by the parties relevant to that matter.
The application and the Attorney General's letter have been placed in the Commission's Public Document Room,1717 H Street, N.W.,
Washington; D. C.
As they become available, the transcripts of the pre-hearing conference and of the hearing will also be placed in the Ccmmission's Public Document Room, where they will be available for inspection by members of the public.
Copies of all of the foregoing documents will also be available at the Grace Dow Memorial Library, i
1710 West Street, Andrews Road, Midland, Michigan.
Any person who wishes to make an oral or written statement in this proceeding setting.forth his position on the issues specified, but who has not filed a petition for ' leave 'to intervene, may request 5
permission to make a limited appearance pursuant to the provisions-of 10 CFR section 2.715 of the Commission's Rules of Practice.
Limited appearances will be permitted at the time of the hearing in the discretion of the Board, within such limits and on such conditions as may be fixed by the Board. ~ Persons. desiring to make a limited appearance are requested to ir. form the Secretary of the Commission, United States Atomic Energy Commission, Washington,. D. C.
20545, not later than thirty (30) 4 days from the date-of publication of this notice in the Federal Register.
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. A person permitted to make a limited appearance does not become a party, but may state his position and raise questions which he would l
like to have answered to the extent that the questions are within L
the scope of the hearing as specified hereinabove.
A menber of the public does not have the right to participate in the proceeding unless he has been granted the right to intervene as a party or the right of limited appearance.
I In the event that the Board grants either or both pending petitions to intervene, persons permitted to intervene shall become parties to the l
proceeding,- and shall have all the rights of the applicant and the regu-l latory staff to participate fully in the conduct of the hearing.
An answer to this notice, pursuant to the provisions of 10 CFR section 2.705 of the Commission's " Rules of Practice," must be filed l
l by the applicant not later than twenty (20) days from the date of publication of this notice in the Federal Register.
Papers required to be filed in this proceeding may be filed by l
mail. or telegram addressed to the Secretary of the Consnission United States Atomic Energy Commission, Washington, D. C. 20545, Attention:
l Chief Public Proceedings Branch,1717 H Street, N. W., Washington, D. C.
Pending further order of the Board, parties are required to file, pursuant to the provisions of 10.CFR section 2.708 of the Coninission's
" Rules of Practice," an original and twenty cuformed copies of each such paper with the Commission.
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With respect to this proceeding, the Comission has delegated to the Atomic Safety and Licensing Appeal Board the authority and the review function which would otherwise be exercised and performed by the Comission. The Comission has established the Appeal Coard pursuant to 10 CFR i 2.785 of the Comission's " Rules of Practice,"
and has made the delegation pursuant to subparagraph (a)(1) of that i
section. The Appeal Board for this. proceeding will be -composed of the Chairman and two members designated in a subsequent Comission notice (10 CFR 12.787).
UNITED STATES ATOMIC ENERGY -COMMISSION l
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F. T. Hobbs Acting Secretary of tlie Comission Dated at Germantown, Maryland this lith aay of April,1972.
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