ML19344A216

Suppl Response of Util & Dow Chemical Co to 771221 & 22 Interrogatories of Intervenors Other than Dow.Certificate of Svc & Exhibits Encl.Related Correspondence

ML19344A216
Person / Time
Site:	Midland
Issue date:	12/22/1977
From:	Deline D, Howell S CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), DOW CHEMICAL CO.
To:
References
NUDOCS 8008060566
Download: ML19344A216 (9)

Text

- -

. __j r:::~ . .

• 4 0 l o $

LP sp 3 7 ,,

UNITED STATES OF AMERICA - 4 h#-Nd NUCLEAR REGULATORY COMMISSIGN

" [,.g. j

~

f Before the~ Atomic Safety and' Licensing Board #

c.n ,

-- l

!i - //e

) ,

In the Matter of '

CONSUMERS POWER COMPANY ) Docket Nos. 0-32 ,

(Midland Plant, Units 1 and 2).

.) 5- 0 1 SUPPLEMENTAL RESPONSE CF CONSUMERS POWER COMPANY AND THE DOW CHEMICAL . COMPANY TO INTERROGATORIES OF INTERVENORS OTHER THAN DOW Consumers Power Company (" Licensee") and The Dow Chemical Company.

("Dow") submit the following supplemental answer to that portion of

• s Intervenors' Other than Dow ("Intervenors") Interrogatory No. I related to the status of negotiations between Licensee and Dow. Intervenors' Interrogatory was directed to both Licensee and Dow.

QUESTION

l. Testimony in this proceeding thus far has indicated a dispute between Consumers and Dow Chemical Company (Dow) relating to the con-struction of the Midland Nuclear Facility and sale and purchase of steam and electricity from said facility. All or a portion of the Dow-consumers contracts have been identified or attached in written testimony of Consumers' witnesses'in this proceeding, Messrs. Keeley and Howell.

• * ** 0 so $g G .

.,m,g....... .~

.~,

q

~

w With respect to any dispute concerning such contracts between Consumers and Dow please state the following:.

(a) Describe in detail the nature of the dispute and the

~

status of any negotiations to resolve said dispute. If it is your I position that no dispute exists, please state the basis therefor in light of the cross-examination testimony of Dow witness Temple,.

including but not limited to the. disclosures made by Mr. Temple of meetings between Consumers and Dow and their representatives in September,1976 wherein suggestions of lawsuits were made, as well as correspondence between Youngdahl and Temple during 1975 and 1976 which has already been produced by Consumers.

$ ANSWER In accordance with the agreement mide during the December 8,1977 meeting, Licensee and Dow met at Dcw's offices in Midland, Michigan; on December 21 and 22, 1977. Attached to this Supplemental Interrogatory 1 Response as Exhibit "A" is a summary report of the meetings.

1 i

NJ-. -- _

Stephen H. Howell, Vice President Projects, Engineering and Construction  :

Consumers Power Company l

b. / /,/ b ' W~

D. DicrDeLine ~ ~

Manufacturing Manager Michigan Division ~

Dow Chemical U.S.A.

Stephen H. Howell, being duly sworn, deposes and says-that'the

-foregoing Supplemental Response of Consumers Power Company and The l

A .= wv4

u., u: - n u. .

~

.x -

Dow Chemical Company to Interrogatories of Intervenors Other than Dow

is true to the best of his knowledge and belief.

~

e

%CN. Yher-Stephee H. Howell STATE OF MICHIGAN )

ss.

COUNTY OF MIDLAND )

Subscribed and sworn to.before me, a Notary Public, this 22nd day of December, 1977. ,,f' A L Connie K. Miller 4 ' ,

1 Midland County, Michigan .

My Comission Expires: Au' gust 16, 1,981 f/ 1 D. Dick DeLine, being duly sworn, deposes and says that the fore-going Supplemental Response of Consumers Power Company and The Dow Chemical Company to Interrogatories of Intervenors Other than Dow is 2

true to the best of his knowledge and belief. ~

e i

b. bad lh $

D. Dick DeLine

~'

. STATE OF MICHIGAN )

ss.

COUNTY OF MIDLAND )

a-Subscribed and sworn to before me, a Notary Public, this 22nd -

day of December,1977. ,s,." -

! ~

Connie K. Miller '

Midland County, Michigant s .

.My Commission Expires: August 16, 1981

?, .

}

l

. i

~

~. __ .- .

.. . ~. . . . ._

hibit "A" M I'4 6 g-g na coracr0 N # e .g[ g'7 CONSUMERS POWER-DOW REOPENED NEGOTIATIONS C)

[

Date of Meeting: December 21 and 22, 1977 ci

/s a b{.

d6 V

Subject:

Minutes of Nuclear Contractc N.egotiation Mee ?. I#

at Midland, Michigan Present: The Dow Chemical Company: DDDeLine, LWPribila, JRBurroughs Consumers Power Company: SHHowell, LBlindemer, GSKeeley In addition, a . drafting comittee of WAGroening, Jr. and PDConner for Dow and WAKirkby for Consumers attended various portions of the meeting.

Dow proposed the attached Agenda which was agreed upon.

Agenda Items

1. Housekeepina' Items The parties cancelled the meeti_ng scheduled for December 28, 1977, .

and agreed upon a schedule of meetings, if needed, for January,1978, a copy of which is attached hereto.

2. Review Electric Agreement (from Drafting Comittee)

The parties reviewed various drafts of the Electric Agreement and '

gave tentative approval to this document.

3. Discussion of Consumers' Outline for Procosed General Agreement Dow approved Consumers' Outline for a Proposed General Agreement. -

4. 'CP's Response to Dow's Proposal on " Interim Steam" Consumers agreed.in principle with Dow's proposal for interim ~

steam. The. parties referred th.is proposal to the Drafting Com-mittee and agreed. that the Committee should make it clear that:

(a) there l's no obligation on the part of Consumers .to sell .or Dow to buy such commodity; (b) the proposal covers steam from the Units No. 1 and 2 Nuclear Steam Supply Systems only; and (c) the charge for such commodity is yet to be agreed upon.

5. . CP Response to Dow's Proposal on " Commercial Steam'0perationI '

This item was not discussed.

T 9

L.a .. ~ .: . ~'

o

. 7:

6. Dow Proposal for Tittabawassee River Management and Alternate Cooling Water Source Dow presented a proposal for an alternativo source 'of cooling -  ;

water to the Tittabawassee River water in order that it might be relieved of its obligations'under the existing Water Contract.

Consumers agreed to review Dow's proposal an'd will ' seek to clarify the' following ~ points: (a) ownership.and control of the alternative source; (b) assurances as to the source of supply, and (c) permits and approvals required to construct and operate the. alternative -

source. The parties differed on the quantities of makeup cooling water required and Dow will reexamine its calculations.-

~

7. Response to Summary Minutes'of' November'30; 1977 Dow reviewed Consumers' proposals for items 3 a. to 3 e. as set Lforth in the November 30, 1977 meeting Minutes and gave its tentative approval to all proposals except items 3 b.(2),

3 c.(1)b. and the duration of the Contract under 3 c.(C).

8. CP's Draft of' Fuel Costs

-Consumers presented Dow with a draft of a proposed method for calculating fuel costs. Dcw agreed in principle with the proposal and the parties referred this proposal to the Drafting Committee.

9. ~ Review of Steam Contract The parties discus ed the existing Steam Contract dated January 30, 1974, and all of.the paragraphs therein. From time to time sug-gested changes were proposed for certain sections and assignments made as.between the parties for further work to be done. To the extent that agreement in principle is reached with respect to sections ~and paragraphs, those were referred to the Drafting ,

Committee.

J 4

e

<~,

P g-

. se g- ge +vw yw- g we*tr ,wy- yw-w-y 9 v-*M- -

ym 4 __ w q 4.-wwr &mm T+=m

~

] O *

~

^^

n3 cr.:;:2. --- .._;.

Proposed Agenda- ,' -7 )

',.g.,&g ,

,'~ --

u DOWJCONSUMERS POWER MEETING

\ /. IM -

l . . <? Cl *

' December 21 and 22, 1977

.C' q' .'$

Q,.;j, e 4

u,- j

1. Housekeeping Items -

2I Review Electric Agreement (from Drafting Comittee) .

3. Discussion of Consumers' Outline for Proposed General Agreement

4. .CP's' Response to Dow's , Proposal:on " Interim Steam"

5. CP Response to Dow's Proposal on "Comercial Steam Operation"

6. Dow Proposal for Tittabawassee River' Management and Alternate Cooling Water Source

7. Response to Sumary Minutes of November 30, 1977 a) Dow 3(a) - 3 e) b) CP 3(f) - 3( )

8. CP's Draft of Fuel Costs

9. Review of Steam Contract l

DDD 12/20/77 l

.~ . . , . . 1. .

O *me

., 1

' MEETING SCHEDULE FOR JANUARY, 1978 S

Thursday, January 5th - Jackson Thursday, January 12th - Midland Friday, January 20th - Jackson Thursday, January 26th - Midland-4 -

I 3~

j-1 1

l 4

t a

-*v

..' ~

2.a

" ~

E '%

. , Q- . ..

y fu<.,e t i

,, I UNITED STATES OF AMERICA Y ,g.- .d1

~

, 'l 7 R-/

NUCLEAR REGULATORY COMMISSION

%,\d, c3 '

s I

Before the Atomic Safety and' Licensing Board 3

In the Matter of CONSUMERS POWER COMPANY Docket Nos. 50-329 50-330

.(Midland Plant, Units 1 and 2) l

)

CERTIFICATE OF SERVICE I hereby certify that copies of the attached " Supplemental Response of Consumers Power Company and The Dow Chemical Company to 4

Interrogatories of Intervenors Other than Dow" dated December 22, 1977, were served upon the individuals whose names appear on the '

i l

attached Service List by deposit in the United States mail, postage prepaid and properly addressed, on the 23rd day of December,1977.

umw M % /W L Connie K. Miller /

The Dow Chemical Company Legal Department 4

P.O. Box 271 Midland, MI 48640

. December:23, 1977

Attachment:

Service List

i.  ;

j- 1 f

t j ~-

SERVICE LIST .

1 g

i Frederic J. Coufal, Esq., Chairman Richard K. Hoefling, Esq. -

Atomic Safety and Licensing Board Counsel to NRC St'aff 4

U.S. Nuclear Regulatory Commission Nuclear R,egulatory Commission l Washington, D.C. '20555 Washi,ngton, D.C. 20555 -

1 Dr. J. Venn Leeds, Jr.

i Caryl A. Bartelman, Esq.-

~ Atomic Safety and Licensing Board Michael I. Miller, Esq. " -

- 10807 Atwell- '

Isham, L' coln & Beale '

Houston, Texas 77096 .

One Fi' . National Plaza-Chic,ago, IL 60603 s I

Dr. Emmeth A. Luebke .

Atomic Safety and Licensing Board Atomic Safety and Licensing Board

) U.S. Nuclear Regulatory Commission . Panel * '

l Washington, D.C. ~20555 'l U.S. Nuclear Regulatory Commission Washington, D.C. 20555-Myron M.' cherty, Esq. -

F One IBM Plaza -

Chicago,.IL 60611 Atobic Safety and Licens'ing Appeal i

Panel - l

~

Judd L. Bacon, Esq.

U.S. Nuclear Regulatory Cosmission-Washington, D.C. 20555 -

Consumers Power Company

! i

. 212 West Michigan Avenue Docketing and Service Section

} Jackson, MI- 49201 4 Office 'of the Secretary '

Ms. Mary Sinclair U.S.-Nuclear Regulatory Comhission - '

Washi.ngton, D.C. 20555 5711 Summerset Street - ' ,

j Midland, MI 48640 -

' 1

!' Harold F. Reis, Esq.

. \

- Robert Lowenstein, Esq. ~

Lowenstein, Newman, Reis & -

Axelrad ~

-1025 Connecticut Avenue

. Washington, D.C. 20036 .-

~

j- Mr. Steve Gadler 2120 Carter Avenue St. Paul, Minnesota 155108 .

Norton Hatlie, Esq. -

4

- Attorney at Law ,

1 . P.O. Box 103 Navarre, Minnesota 55392 -

a

- %. ,. , p. ,- , ..e.,,

. . - .- , , . , - , .$p,% . , , -- ,w , m-w.e4 s