ML19344A285
| ML19344A285 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 03/09/1978 |
| From: | Mark Miller Atomic Safety and Licensing Board Panel |
| To: | |
| Shared Package | |
| ML19344A283 | List: |
| References | |
| ALAB-458, NUDOCS 8008070664 | |
| Download: ML19344A285 (3) | |
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UNITED STATES OF A? ERICA NUCIEAR REGULKIORY CQO!ISSION In the Matter of
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C0tGLERS POWER CGIPANY
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Docket Nos. 50-329
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50-330 (Midland Plant,
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Units 1 and 2)
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wrICE OF PRDEARING COFERENCE 04 arch 9, 1978)
Pursuant to the remand order of the Court of Appeals fer the District of Coltrnbia Circuit in Aeschliman v. Nuclear Regulatory Cmmis-sion, 547 F.2d 622 (D.C. Cir.1976), and to the directions of the Comnission in CLI-76-11, 4 NRC 65 (1976) and CLI-76-14, 4 NRC 163 (1976),
the record in this proceeding has been reopened for consideration on the merits of the remanded and certain other issues. The Appeal Board, in affirming (AIAB-458, February 14,1978) the Licensing Board's decision not to suspend the ccnstruction permit pending a decision on the merits, has identified the following untters to be considered at future hearings:
1.
Appraisal of the environmental impact of the nuclear I
fuel cycle (AIAB-458, Slip Opinion, pp. 3,13).
2.
Consideration of the possible effects of energy conserration in reducing or eliminating the need for a plant of this size (ALAB-458, p. 3,15).
3.
Consideration of whether changed circumstances have affected the Dow Chemical Company's need for process steam which it is to receive frcrn one of the units under an existing contract (AIAB-458, pp. 3,21).
. 4.
Consideration of_" unresolved safety issues", " design problems", "other problens" and their " resolution",
" additional matters of concern to the ccmnittee", and
" clarification of the ambiguitien" involved in the ACRS letters and reports, as discussed in the'Aeschliman opinion (547 F.2d 622, 630-632) and referred to by the Appeal Board (AIAB-458, Slip Opinion, pp. 4,24-5,43).
5.
A full airing and resolution of charges " relating to an alleged, albeit unsuccessful, attenpt by the applicant to prevent full disclosure of the facts relating to Dow's intentions with regard to its contract." Both this matter and the merits of the ACRS's unresolved.
safety issues are to be explored further by the
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Licensing Board, whether or not the' parties are them-selves otherwise interested in pursuing thesa natters (AIAB-458, Slip Opinion, pp. 30,43).
Pursuant to the provisions of 10 CFR 2.752, a prehearing conference will.be held on April 20-21, 1978 for the purpose of identifying the
. issues, setting a hearing schedule and considering such matters as may aid in the orderly disposition of this reopened procceding on renand.
.The parties are requested to have in the hands of the Board by_
April 14, 1978, the following papers:
.(a) A prehearing statement or brief which shall set forth, in the form of contentions, all issues to be covered'-
in the remanded hearing.
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l 3-(b) Stipulations concerning the existing record, any l
relevant facts, or the contents and authenticity of l
documents.
(c) A list of witnesses and exhibits which each party intends i
to produce at the hearing, with a brief sumary of each.
(d) All motions with supporting docu:nents or briefs.
(e) A proposed hearing schedule.
Please take notice that a prehearing conference will be held at 9:00 a.m., local time, on April 20, 1978 2n the U. S. Court of Appeals' l
27th Floor Auxilbry Courtroom,/Everett Mckinley Dirksen Building, 219 South
Dearborn Street,
Chicago, Illinois 60604.
FOR TIE A1UHC SAElY AND LICEISIIC BOARD
$i& 40 fi bD l
Marshall E. Miller, Chairman Dated'at_Bethesda, Maryland this'9th day of March 1978.
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