ML19344A190

Motion for Order Establishing Remanded Proceedings' Schedule to Allow Expeditious Hearing.Suggests 770613 for Resolution of ACRS Matter & 771004 for Commencement of Hearing. Certificate of Svc.Related Correspondence

ML19344A190
Person / Time
Site:	Midland
Issue date:	06/01/1977
From:	Bartelman C, Renfrow R, Rosso D CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8008060524
Download: ML19344A190 (4)

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9qT 41 UNITED STACG OF AMERICA C 6 NUCLEAR REGULATORY COMMISSION

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'$.i b 4 Before the Atomic Safety and Licensing Board up se

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In the Matter of CONSUMERS POWER COMPANY Nos. O i

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MOTION OF CONSUMERS POWER COMPANY FOR ORDER ESTABLISHING A SCHEDULE FOR 4

THE REMANDED PROCEEDINGS

1. On April 12, 1977, this Board established May 20, 1977 as the cut-off date for discovery requests in the remanded proceeding. No party to this proceeding l filed additional discovery requests.

2. On May 13, 1977, this Board ordered at Tr. 6164-6168 that the Findings of Fact for the suspension l hearings be submitted on the following dates:

June 13, 1977 - Consumers Power Company; l l

June 27, 1977 - Midland Intervenors and l Dow Chemical Company; l July 1, 1977 - Regulatory staff; and July 14, 1977 - Consumers Power Company.

3. Following-the submittal of Findings of fact and the Board's decision, the remanded phase of this pro-l 8008060 O f . 6 l

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cceding;must bs1 conducted, unloco an order staying that proceeding is entered. To eliminate the scheduling

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difficulties.which~ occurred.during the suspension hearings cuni provide a mechanism to complete the remanded phase of this proceeding, Licensee' respectfully requests that this Board adopt the following_ time table for this proceeding:

June 13,-1977 Resolution by' Board of ACRS matter and ruling on proprietary claims of Consumers Power Company

Consumers Power Company Findings of Fact June 27, 1977 Midland Intervenors and Dow Chemical Company Findings of Fact July 1, 1977 Regulatory Staff Findings of Fact July 14, 1977 Consumers. Power Company Responsive Findings July 27,-1977 -All previously filed discovery requests complied with and updated as of July 20, 1977. No further updating required except for those matters mandated by

the Commission's rules, regulations and applicable judicial decisions.

August 17, 1977 Intervening parties file contentions and supporting arguments (This would eliminate the need for responding to objections to contentions.)

August 29,11977 Objections to. contentions A motion by Consumers Power Company to Recall i Mandate was filed with the District of Columbia Court of Appeals on May~24, 1977. ~S hould the Mandate be recalled,.

it_is Consumers Power's position that the remand pro-ceedings should be stayed. Even though the staying of the remand proceeding would moot this motion, it is more sensible to establish a time _ table now, rather than await-

.ing action:en the recall and stay motions, so that the

-parties-and the Board can arrange-their schedules to

. accommodate the time requirements necessary to complete

'this proceeding.

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September 5, 1977 _ Board ruling on Contentions

September'23, 1977 Written testimony filed October 4,.1977 - Hearing commences to run continuously, except for Saturdays, Sundays and holidays, until completed.

By adopting such a schedule now, the parties and the Board will be able to plan _their other commitments around the

-action dates set forth above. This procedure will also allow the Board to complete'the remanded hearing in an expeditious manner, and, at the same time, provide the parties with ample time to prepare their respective cases.

Respectively submitted, d

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_ _ _ ~ David E so .

A RP Rex 7eh w III Q 6 &~

Cary/. A. Bartelman Counsel for Dated: June 1, 1977 Consumers Power Company ISHAM, LINCOLN & BEALE

- One First National Plaza Suite 4200 Chicago, Illinois 60603 (312) 786-7500-I L . i

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CERTIFICATE OF SERVICE I hereby certify that copies of the enclosed Motion of Consumers Power Company for Order Establishing A Schedule For The Remanded. Proceedings, dated June 1, 1977,_have been served upon the following.by_ deposit in the U.S. Mail, first class, postage prepaid, this 1st day of-June, 1977.

Frederic J. Coufal, Ecquire Atomic Safety and Licensing Chairman Appeal Board Atomic Safety and Licensing U.S. Nuclear Regulatory Comm.

Board Panel .

Washington, D.C. 20555 U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 Mr. C. R. Stephens Chief, Docketing & Service Section.

Dr. J. Venn Leeds, Jr., Esq. Office of the Secretary 10807 Atwell-of the Commission Houston, Texas 77096 U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 Dr. Emmeth A. Luebke, Esq. Lawrence Brenner, Esquire Atomic Safety and Licensing Counsel for NRC Staff Board Panel U.S. Nucloar Regulatory Comm.

U.S. Nuclear Regulatory Comm. Washington, D.C. 20555 Washington, D.C. 20555 L. F. Nute, Esquire Myron M. Cherry, Esquire Legal Department One IBM Plaza Dow Chemical U.S.A.

Suite 4501 Michigan Division Chicago, Illinois 60611 Midland, Michigan 48640 Atomic Safety and Licensing 3oard Panel U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 e

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Subscribed and' sworn-to # ~

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