ML19344A206

Suppl Response of Util & Dow Chemical Co to 780120 Interrogatories of Intervenors Other than Dow.Certificate of Svc & Exhibits Encl.Related Correspondence Encl

ML19344A206
Person / Time
Site:	Midland
Issue date:	01/20/1978
From:	Deline D, Howell S CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), DOW CHEMICAL CO.
To:
References
NUDOCS 8008060552
Download: ML19344A206 (8)

Text

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g 'iQp imniu STATES OF AMERICA NNg d o,.

Ol ~ o NUCLEAR REGULATORY COMMISSION

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Before the Atomic Safety and Licensing Board v

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[ In the Matter of. )

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CONSUMERS POWER COMPANY- ) Docket Ros.  !

) 50-330 (Midland Flant, Units 1 and 2) )

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SUPPLDENTAL RESPONSI 0F CONSUMEES POWER COMPAIC AND THE DOW CHEMICAL COMPANY TO INTERROGATORIES OF IDTERVINORS OTHER THAN DOW Consumers Power Comphuy (" Licensee") and The Dow Che=ical Compa=y ("Dov") ,,

submit the following supplemental answer to that po -tion of Intervenors' other '

than Dow ("Intervenors") Interrogatory No. I related to the status of negotia-tions between Licensee and Dov. Intervenors' Interrogator / vas directed to both Licensee and Dov. -

CUESTION

1. ' Testimony in this proceeding thus far has indier.ted a dispute between Consumers and rav. Chemical Company (Dov) relating to the construction of ths Midland Nuclear Facility and sale and purchase of steam and electricity from said facility. Al1 or a portion of the Dov-Ccasumers' contracts have been identified or attached in written testimorr/ of consumers' witnesses in this proceeding, Messrs. Keeley and Eevell. With respect to any dispute concerning

-such contracts between Consumers and Dow please state the following:

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(a) Describe in detail the nature of the dispute and the status of any negotiations to resolve said dispute. If it is your position that no dispute exists, please state the basis therefor in light of the cross-ey=m**mtien testimony of Dov vitness Temple, including but not limited to the disclosures

, made by Mr. Temple of meetings between Consu=ers and Dov and their representatives in September, 1976 wherein suggestions of lawsuits vers =ade, as well as correspondence between You=gdahl and Temple during 1975 and 1976 which has already been produced by Consu=ers. .

A'.IS'w~dt In accordance with the schedule provided with the earlier Supple = ental

. Interrogatory Response dated December 22, l977, Licensee and Dow =et at Consumers'-

offices in Jackson, Michigan, 'on January 20, 1978. Attached to this Supple = ental;

.'nterrogatory Response as M dbit "A" is a su==a_'y report of that =eeting.

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Stephs E. Howell, Vice President Projects, Engineering and Construction Consumers Power Compa=y b s$ -

D. Dick'DeLine m

Mam facturing Manager i Michigan Ditision I Dow Chemical U.S.A. -l Stephen H. Howell, being duly svorn, deposes and says that the foregoing i

Supplemental Response- of Consumers Power Co=pany and. The Dov Chr.ical Cocpany l

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N 3 to Interrogatories of Intervenors Other tha=. Dow is true to the best of his C

knowledge and belief.

Gi \ bW < "E -C Stephew H Ecvell STATE OF MICEIGAN ) '

) SS COUNTY OF JACISON )

Subscribed and sworn to before ne, a Notary Public, this 20th day of January, 1978.

A L A L Al Sylvia 3/ 3a, Notary Public Jackson Cou=ty, Michigan My Commissics E=pires: April 13, 1980 D.. Dick DeLine, being duly sworn, deposes and, says that the foregoing Supplemental Response of Consumers Power Conpaz:7 and The Dov Chemical Company ,

to Interrogatories of Intervenors Other than Dow is true to the best of his knowledge and belief.

bf l $ $m D. Dick DeLine STATE OF MICHIGAN )

) SS COUNT! 0F JACISON )

Subscrl. bed and sworn to before =e, a Notary Public, this 20th day of January, 1978. ,,

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@ Sylvia 3./3all, Hotary Public ll b d l O .V) ' e, g  % Jackson County, Michigan l visac ltt Co-* ssics Expires: April 13, 1980

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- Exhibit "A"

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,  ! , *M COIISUMERS POWER-DOW REOPENED NEGOTIATIONS

"~1L O t - c of Meeting: January 20, 1978

Subject:

Minutes of Nuclear Contracts Negotiation Meeting at Jackson, Michigan-Present: The Dov Chemical Campany: DDDeLine, LWPribila, JRBurroughs Consumers Power Company: SHHovell, LBLindemer, GSKeeley Present for occasional consultation:

Consumers Power Company: WAKirkby, CAGilsov, PCWebb, KRKrine Consumers Power propoaed the attached agenda which was agreed upon.

Agenda Items

1. Housekeeping Items se parties agreed to schedule additional negotiating meetings for February 2. <

in Jackson aud February 9 in Midland, if such meetings are necessary.

2. Review of Draft Contract Consumers presented a draft dated January 19, 1978 of the entire General Agreement except for those itemr on which agreement has not been reached.

This draft indicated changes from Dov's draft dated January 6, 1978 which vere discussed. The draft presented by Consumers vill be further considered by Dov. It was agreed that updated drafts 'vilf be prepared for each sub- '

sequent negotiating meeting utilizing the conventions of marking changes from the previous draft.

3 Recoverable Costs - Discussion of Consumers Pover's Proposal The parties discussed Consu=ers' proposal on recoverable costs which had been furnished to Dov at the last meeting. - Consumers answered some of Dov's questions. It was agreed that the Technical Committee vould meet-later to' discuss the proposal in more detail.

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4. - Standards for Measuring Absence of Radioactivity

• Dov presented Consumers with information relative to the development of appropriate standards for measuring the absence of radioactivity. Consumers-vill' study the information and propose language for inclusion in the para .

graph entitled, " Radioactivity."

5 Subcommittee Actions - Discussion The parties discussed the present status of subco=mittee activities which, in no instance, had been reduced to written reports.

6. Steam From Unit No 2 Consumers presented Dov vith estimates of cost to provide steam to Dov from l

Unit 2 prior to commercial operation of Unit 1. Dov has the responsibility 1

of evaluating this information and advising Consumers if they are interested in proceeding further on this matter.- <

e T. Steam Rate Presentation

a. Sample Rate Calculation and Assumptions Used "

Consumers reviewed with Dow a sample rate calculation and explained 2

the. assumptions used in arriving at these rates. Additional technical 1 discussions vill take place between subcomittees of the parties.

b. Consumers presented Dov vith a preliminary draft of contract language covering the calculation of the steam rate. The parties reviewed ~and discussed the draft and it was referred to the Technical Comittee.

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t PROPOSED AGENDA ~

c CONSUIERS POWER-DOW I C ING January 20,.1978-

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Housekeeping Items

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2. Review of Draft Contract *

3. Recoverable. Costa - Discussion of Consumers Power's Proposal.

I4. -Standards for Measuring Abse.2" of Radioactivity i

5. Subecmmitt'ee - Actions - Discuc. art

6. Steam From Unit No 2 U

-7 Steam Rate Presentation

a. Sample Rate Calculation and Assumptions Used

b. Technical Draft Contract Language 9

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January 20, 1978 1-

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" . s. u'$ G UNITED STATES OF AMERICA ' .! .

gj S NUCLEAR REGULATORY COMMISSION kh ' "" c Before the Atomic Safety and Licensing Board

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In the Matter of CONSUMERS POWER COMPANY Docket Nos. 50-329 50-330 (Midland Plant, Units 1 and 2)

CERTIFICATE OF SERVICE I hereby certify that copies of the attached " Supplemental Response of Consumers Power Company and The Dow Chemica? Company to Interrogatories of Intervenors Other than Dow" dated January 20, <

1978, were served upon the individuals whose names appear on the attached Service List by deposit in the United States mail, postage prepaid and properly addressed, on the 23rd day of January,1978. _

. wE Cbmtie K. Mille'r W /M

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The Dow Chemical Company Legal Department P.O. Box 271 Midland, MI 48C40 January 23, 1978

Attachment:

Service List

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SERVICE LIST S

Marshall E. Miller, Esq., Chairman Richard K. Hoefling,- Esq.

Atomic Safety and Licensing Board Counsel to flRC Staff U.S. Nuclear Regulatory Comission iluclear Regulatory Commission Washington, D.C. . 20555 Washington, D.C. 20555 Dr. J.. Venn Leeds, Jr. Caryl 'A. Bartelman, . Esq.

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Atomic Safety and Licensing Board Michael I. Miller, Esq.

10807 Atwell- Isham, Lincoln & Beale Houston, Texas 77096 One First National Plaza -

Chicago, IL 60603 Dr. Emeth A. 'Luebke Atomic Safety and Licensing: Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission Panel Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Myron M. Cherry, Esq. . .

One IBM Plaza Atomic Safety and Licensing Appeal Chicago, IL 60611 Panel '

U.S. Nuclear Regulatory Comission Judd L. Bacon, Esq. Washington, D.C. 20555 Consumers Power Company 212 West Michigan Avenue Docketing and Service Section

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Jackson, MI 49201 Office of the Secretary

.U.S. Nuclear Regulatory Commission .

Ms. Mary Sinclair Washington, D.C. 20$55 ^

5711 Sumerset Street Midland, MI- 48640 Harold F. Reis,'Esq.

Robert Lowenstein, Esq.

Lowenstein, Newman, Reis &  ;

Axelrad - -

1025 Connecticut Avenue- '

Washington, D.C. 20036 -

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, Mr. ' Steve Gadler ,

i 2120 Carter.. Avenue St. Paul, Minnesota 55108 .l

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l Norton Hatlie, Esq.: .

Attorney at Law ~

P.O. Box 103  !

flavarre, Minnesota - 55392

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