|
---|
Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20070E4671991-02-26026 February 1991 Comment Opposing Petition for Rulemaking PRM-73-9 Re Upgrading Design Basis Threat for Radiological Sabotage of Nuclear Reactors.Recommends That NRC Deny Petition to Increase Design Basis Threat for Security ML20207C1331986-12-18018 December 1986 Order Terminating CPPR-81 & CPPR-82,per Util 860711 Motion to Withdraw Applications for OLs ML20215E7301986-12-17017 December 1986 Memorandum & Order Authorizing Withdrawal of OL Application & Dismissing OL Proceeding,Per Applicant 860711 Motion. Served on 861218 ML20215B2071986-12-11011 December 1986 Responds to Questions Posed in ASLBP 861203 Memorandum & Order Re Conversion to gas-fired Facility.Imposition of Conditions on Withdrawal of OL Application Unnecessary. Certificate of Svc & Svc List Encl ML20211L6391986-12-11011 December 1986 Affidavit of Gb Staley Re Preparation of Answers to Board 861203 Questions on Termination of OL Proceeding. Certificate of Svc Encl ML20211L6181986-12-11011 December 1986 Response to Board 861203 Questions Re Util Request to Terminate OL Proceeding ML20214Q4431986-12-0303 December 1986 Memorandum & Order Granting Motion to Expedite Completion of Withdrawal Proceedings & Posing Questions to Parties.Served on 861204 ML20214G7941986-11-24024 November 1986 Motion to Expedite Completion of Withdrawal of Licensee OL Application & Terminate Pending OL & CP Mod Proceedings. Certificate of Svc Encl ML20214T7361986-09-26026 September 1986 Memorandum & Order Dismissing OM Proceeding as Moot & Deferring Action on Applicant Motion for Authorization to Withdraw OL Application Pending NRC Preparation of Environ Assessment.Served on 860929 ML20212M7661986-08-25025 August 1986 Response to Util 860711 Motion for Authorization to Withdraw OL Application & for Dismissal of OL & Order of Mod Proceedings.Board Should Hold Motion in Abeyance Pending NRC Review of Stabilization Plan.Certificate of Svc Encl ML20206M8171986-08-15015 August 1986 Response to ASLB 860716 Order Requesting Responses Re Termination of OM Proceeding.Termination of OL Proceeding & Withdrawal of OL Application Requested.Om Proceeding Should Be Considered Moot.Certificate of Svc Encl ML20212B0311986-08-0101 August 1986 Memorandum & Order Withdrawing Retention of Jurisdiction Over Radon Issue Presented in Facility CP Proceeding & Vacating ASLB Partial Initial Decision on Remedial Soils in Consolidated CP Mod & OL Proceeding.Served on 860801 ML20212B0521986-07-31031 July 1986 Order Extending Time Until 860815 for Util & Other Parties to Respond to Questions Posed by 860716 ASLB Order.Time Extended Until 860825 for NRC Response to ASLB Questions & Util Motion.Served on 860801 ML20203F8791986-07-28028 July 1986 Response Supporting Util 860711 Motion for Termination of Appeal Board Jurisdiction Over Proceeding.Certificate of Svc Encl ML20207H6871986-07-22022 July 1986 Motion for Extension Until 860815 to File Responses to Four Questions Re Util Motion to Dismiss OL & OM Proceedings. Certificate of Svc Encl ML20207E2851986-07-16016 July 1986 Order Presenting Questions in Response to Util 860711 Motion to Dismiss OL Proceeding & to Terminate Order of Mod Proceeding.Served on 860717 ML20202G1621986-07-11011 July 1986 Notice of Change of Address for Washington Ofc of Isham, Lincoln & Beale,Attys for Util.Certificate of Svc Encl ML20202G0121986-07-11011 July 1986 Motion for Authorization to Withdraw OL Application & Dismissal of OL & Order of Mod Proceedings ML20202G1201986-07-11011 July 1986 Motion for Termination of Aslab Jurisdiction to Facilitate Termination of Cps,Withdrawal of OL Application & Dismissal of Consolidated OM-OL Proceeding ML20202G0491986-07-10010 July 1986 Affidavit of JW Cook Re Conversion of Plant Into combined- cycle,gas-fired Power Plant.Plant Never Operable as Nuclear facility.Nuclear-related Equipment Will Be Sold ML20202G0281986-07-0808 July 1986 Affidavit of Ta Mcnish Re True & Correct Extracts of 860408 & 0618 Minutes of Meetings.Resolutions Recited Therein in Full Force & Effect ML20198J3861986-05-27027 May 1986 Notice of ASLB Reconstitution.C Bechoefer,Chairman & J Harbour & Ga Linenberger,Members.Served on 860529 ML20198J4651986-05-27027 May 1986 Notice of ASLB Reconstitution.C Bechhoefer,Chairman & J Harbour & Ga Linenberger,Members.Served on 860529 ML20137E0041985-11-21021 November 1985 Notice of Appearance in Proceeding ML20137D9651985-11-21021 November 1985 Notice of Withdrawal of Appearance in Proceeding.Certificate of Svc Encl ML20133F6421985-10-0909 October 1985 Notice of Withdrawal of Appearance in Proceeding.Certificate of Svc Encl ML20134N3771985-08-30030 August 1985 Notice of Withdrawal of Appearance in Proceeding.Certificate of Svc Encl DD-84-17, Order Affirming 840724 Directors Decision DD-84-17 Denying Bp Garde 10CFR2.206 Petition for Action Against Util Re Plant Const.Const Abandoned on 840910.No Further Enforcement Action Required.Served on 8506241985-06-24024 June 1985 Order Affirming 840724 Directors Decision DD-84-17 Denying Bp Garde 10CFR2.206 Petition for Action Against Util Re Plant Const.Const Abandoned on 840910.No Further Enforcement Action Required.Served on 850624 ML20127N7591985-06-20020 June 1985 Transcript of Commission 850620 Affirmation/Discussion & Vote in Washington,Dc Concerning Denial of 2.206 Petition for Midland plant,SECY-85-60 Concerning Pressurized Thermal Shock Rule & Shoreham Order.Pp 1-4 ML20133D9481985-05-13013 May 1985 Response to Aslab 850423 Order.Aslab Should Cancel OL Application & CPs Because Compliance W/Nrc Basic Requirements Not Met ML20116G5181985-04-29029 April 1985 Response to Memorandum of City & County of Midland,Mi Re ASLB 850405 & 0313 Orders on CP Mod Proceedings.Bechtel Should Not Be Granted Admission to Proceedings ML20115J5551985-04-19019 April 1985 City & County of Midland,State of Mi Response to Aslab 850313 Order to File Memoranda Re Whether Aslab Should Vacate ASLB Decision Re Certain Mods to CP Due to Mootness. Proof of Svc Encl ML20115J4751985-04-19019 April 1985 Memorandum in Response to Aslab 850405 Order Re Dismissal of OL Application.Application Neither Abandoned Nor Delayed in Dilutory Manner.Certificate of Svc Encl ML20115J5501985-04-19019 April 1985 Response Opposing Aslab 850405 Memorandum & Order Re Dismissal of OL Applications.Urges Board to Permit OL Applications to Continue in Suspension Until Applicant Affirmatively Resolves Disposition ML20116G5321985-04-19019 April 1985 Motion to Participate as Amicus Curiae in Resolution of Issue to Involuntary Dismissal of License Application,Per Aslab 850405 Memorandum & Order.Granted for Aslab on 850422. Served on 850429 ML20115J4351985-04-19019 April 1985 Motion for Leave to Participate as Amicus Curiae,Per Aslab 850313 & 0405 Memoranda & Orders Requesting Response to Questions Re Proceeding ML20115J5461985-04-19019 April 1985 Motion to Participate Amici Curiae in Resolution of Issue of Involuntary Dismissal of License Application as Identified in Aslab 850405 Memorandum & Order ML20115J5421985-04-19019 April 1985 City & County of Midland,State of Mi Motion for Leave to Participate as Amicus Curiae in Aslab Request for Responses to Questions Presented in 850313 & 0405 Memoranda Orders. Proof of Svc Encl ML20112J5281985-04-0101 April 1985 Memorandum in Response to Aslab 850313 Order LBP-85-2. Decision Should Not Be Vacated.Ol Should Be Dismissed.Based on Listed Changes,New OL Review Required ML20112J6301985-04-0101 April 1985 Memorandum Requesting Aslab Not Take Any Action to Vacate LBP-85-2 or Dismiss OL Applications,Per 850313 Order,Based on Current Intent to Hold CPs & Attempt to Sell Plant. Certificate of Svc Encl ML20112H0981985-03-27027 March 1985 Response to Aslab 840313 Order Re Whether ASLB Decision to Review Issues in Soils Hearing Appropriate Use of Public Resources.Concurs W/Decision to Remand OL W/Instructions to Dismiss OL Application for Failure to Pursue Soils Issue ML20106F6531985-02-0808 February 1985 Response Opposing Intervenor B Stamiris 841224 Motion for Evidentiary Hearings Re Litigation Between Applicant & Dow Chemical Co.Supporting Documentation & Certificate of Svc Encl ML20106D6631985-02-0808 February 1985 Response Opposing B Stamiris 841224 Pleading Requesting Evidentiary Hearing on Matter Raised in applicant-Dow Chemical Trial & Referral of Certain Matters to Ofc of Investigations.Certificate of Svc Encl ML20101S9111985-02-0101 February 1985 Motion for Extension of Time within Which to File Notice of Appeal of ASLB 850123 Partial Initial Decision.Certificate of Svc Encl ML20101S9421985-02-0101 February 1985 Motion for Extension Until 850306 to File Notice of Appeal of ASLB 850123 Partial Initial Decision.Granted by Aslab on 850201 ML20101F3191984-12-24024 December 1984 Request for Evidentiary Hearings on Matter Raised in CPC-Dow Trial & Referral of Certain Matters to Ofc of Investigations.Certificate of Svc Encl ML20107K8011984-11-0101 November 1984 Affidavit of Jd Selby Re Plans Concerning Facilities.Const Will Be Resumed Only If Proposed by Appropriate Governmental Agencies & Officials & If Funds from Some Other Source Become Available.Related Correspondence ML20106F5241984-10-24024 October 1984 Motion to Request ASLB to Cancel Const License & Application for OL ML20094G4411984-07-18018 July 1984 Testimony of Jg Keppler Re QA Problems at Facility & Corrective Actions Taken ML20094P3501984-07-18018 July 1984 Testimony of Rn Gardner Re Allegations Concerning Qualification of Personnel Employed by Camstock 1991-02-26
[Table view] Category:OTHER LEGAL DOCUMENT
MONTHYEARML20211L6181986-12-11011 December 1986 Response to Board 861203 Questions Re Util Request to Terminate OL Proceeding ML20202G1621986-07-11011 July 1986 Notice of Change of Address for Washington Ofc of Isham, Lincoln & Beale,Attys for Util.Certificate of Svc Encl ML20198J3861986-05-27027 May 1986 Notice of ASLB Reconstitution.C Bechoefer,Chairman & J Harbour & Ga Linenberger,Members.Served on 860529 ML20198J4651986-05-27027 May 1986 Notice of ASLB Reconstitution.C Bechhoefer,Chairman & J Harbour & Ga Linenberger,Members.Served on 860529 ML20137E0041985-11-21021 November 1985 Notice of Appearance in Proceeding ML20137D9651985-11-21021 November 1985 Notice of Withdrawal of Appearance in Proceeding.Certificate of Svc Encl ML20133F6421985-10-0909 October 1985 Notice of Withdrawal of Appearance in Proceeding.Certificate of Svc Encl ML20134N3771985-08-30030 August 1985 Notice of Withdrawal of Appearance in Proceeding.Certificate of Svc Encl ML20115J4751985-04-19019 April 1985 Memorandum in Response to Aslab 850405 Order Re Dismissal of OL Application.Application Neither Abandoned Nor Delayed in Dilutory Manner.Certificate of Svc Encl ML20084K8721984-05-11011 May 1984 Cross-reference to Intervenor B Stamiris Previously Filed Proposed Findings of Fact & Conclusions of Law ML20084A3071984-04-19019 April 1984 Motion to Request Caseload Forecast Panel to Evaluate CPC New Const Completion Date ML20079M5991984-01-24024 January 1984 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20082D8951983-11-21021 November 1983 Designation,As Direct Testimony,Of Encl Portions of Deposition Transcript of Jl Donnell ML20082F7221983-11-17017 November 1983 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20093N8671983-11-15015 November 1983 Responsive Findings to Applicant Proposed Findings of Fact & Conclusions of Law on Remedial Soil Issues ML20081B0471983-10-21021 October 1983 Notice of Appeal from ASLB Orders Granting Discovery Against Govt Accountability Project.Certificate of Svc Encl ML20078M1761983-10-19019 October 1983 Notice of L Clark,L Hallberg,T Devine & Bp Garde 831110,22,1201 & 15,respectively,depositions in Washington, DC & Midland,Mi.Certificate of Svc Encl ML20080P0931983-10-0303 October 1983 Notice of Correction to 830930 Motion for Reconsideration ML20080M1091983-09-29029 September 1983 Notice of Jl Donnell 831015 Deposition in Las Vegas,Nv. Certificate of Svc Encl ML20076J9841983-06-28028 June 1983 Discussion of Us Army Corps of Engineers Dynamite Depot in Vicinity of Detroit,Mi & Record Before ASLB ML20072H5021983-06-27027 June 1983 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20073R6371983-05-0202 May 1983 Notice of Withdrawal of Appearance in Proceeding.Certificate of Svc Encl ML20073R6311983-04-28028 April 1983 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20069J9761983-04-19019 April 1983 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20072Q0171983-03-30030 March 1983 Notices of Appearance in Proceeding.Certificate of Svc Encl ML20071B8131983-02-22022 February 1983 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20070T1171983-02-0303 February 1983 Response Providing Addl Info Per Agreement at Nov & Dec 1982 Hearings.Info Includes List of Category I Structures Not Included in Seismic Margin Review,List of Underground Pipe & Conduit Hit by Drill & Quality Improvement Plan Raw Data ML20070H3721982-12-15015 December 1982 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20027D6561982-11-0202 November 1982 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20063P5131982-10-0606 October 1982 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20063J6591982-08-30030 August 1982 Notice of Deposition to B Stamiris of All Persons Identified in Answer to Interrogatory 1,15 Days After Interrogatories Answered.Certificate of Svc Encl.Related Correspondence ML20063J6831982-08-30030 August 1982 Notice of Deposition to M Sinclair of All Persons Identified in Answer to Interrogatory 7,15 Days After Interrogatories Answered.Certificate of Svc Encl.Related Correspondence ML20062N0021982-08-10010 August 1982 Notice of Appearance in Proceeding ML20054N0131982-07-13013 July 1982 Memorandum of 820712 Telcon W/Nrc,Util,B Stamiris & Wh Marshall Re Scheduling Matters on Reopened Hearings on Qa/Qc & Mgt Attitude Questions ML20054M1961982-07-0808 July 1982 Memorandum Issuing Four Subpoenas Duces Tecum Directed to Individuals Associated W/Govt Accountability Project.Only Util Second Justification,Re Relevance to Qa/Qc Contentions, Valid Basis for Subpoenas ML20054H2851982-06-18018 June 1982 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20054F8041982-06-11011 June 1982 Critique of Ser,Submitted for NRC & ASLB Evaluation & Action.Related Correspondence ML20140G9611982-06-0404 June 1982 Statement Before ACRS Subcommittee on Midland Nuclear Plant Re Alleged QC Problems.Public Confidence in Licensing Process Lost ML20041A0841982-02-12012 February 1982 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20040F4611982-02-0505 February 1982 Memorandum Forwarding Portions of Transcript Containing Harbour & Decker Outline of Matters ASLB Wishes to Be Addressed by Applicant & NRC Re QA Program for Underpinning Structures ML20039G0561982-01-0606 January 1982 Notice of Withdrawal from Proceeding.Certificate of Svc Encl ML20039E6181982-01-0505 January 1982 Notice of ASLB Re Constitution.Cn Kohl,Chairman & WR Johnson & Gj Edles,Members ML20039D7141982-01-0404 January 1982 Notice of EM Brown Withdrawal of Appearance in Proceeding. Certificate of Svc Encl ML20032E3031981-10-21021 October 1981 Notice of Appearance in Proceeding ML20031F3341981-10-16016 October 1981 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20031G4041981-10-0202 October 1981 Notice of Appointment of J Harbour as Technical Interrogator Re Seismic,Geological & Geotechnical Issues ML20031B6701981-10-0202 October 1981 Memorandum Summarizing 810925 Telcon W/B Stamiris Applicant & Nrc,& Re Applicant 810902 Motion for Partial Decision on QA & Mgt Issues.Hearing Will Begin 811116,not 811102 as Previously Scheduled ML20010C5681981-08-18018 August 1981 Memorandum That,If Applicant Relies on site-specific Response Spectra Approach for Selection of SSE & Associated Ground Acceleration,Applicant & NRC Should File Trial Briefs Discussing Approach Compatibility w/10CFR100 ML20009D4081981-07-21021 July 1981 Notice of Aslab Reconstitution.Cn Kohl,Chairman & Jh Buck, Member ML20005A7641981-06-30030 June 1981 Notice of Appearance in Proceeding.Certificate of Svc Encl 1986-07-11
[Table view] |
Text
l (v3
~
b9. Cr:: 7 7...,
c 9
/
n=h UNITED STATES OF AIERICA
[0/ [gh[j i
NUCLEAR REGULATORY COMMISSION
~3
,, s,. 'G' ' {
l to Before the Atomic Safety and Licensing Board f[
N w
In the Matter of
)
)
CONSUMERS - POWER COMPANY -
)
Doeket Nos. 50-329 r
)
50-330 l
(Midland ~ Plant, Units 1 and 2) )
-FORM OF ORDER PROPOSED BY l
INTERVENORS OTHER THAN DOW CHEMICAL COMPANY J
I On the basis of the Board's Findings and Conclusions, and its opportunity ' to observe the witnesses and judge their l
credibility, the Board concludes that Consumers Power Company has not borne 'its burden 'of proving that' construction of the Midland nuclear facility should be permitted to continue and furthar-construction expenditures should be authorized pending i
completion of the full remanded hearings on the merits pursuant to the mandate of the Court of Appeals.
The Board further con-l cludes that neither the Commiss' ion' Staff nor Dow Chemical l
-Company has demonstrated that construction should be continued.
t Although both have submitted proposed Findi'ngs, neither has
- critically and independently assessed the underlying issues--
[
in Dow's case, apparently because of its concern over Consumers '
j.
threats of litigation (see paragraphs.40, 42-51 of our rindings l
and Conclusions), 'and in' the Staff's case, because of an almost complete failure to undertake the task of independent data gathering.and analysis contemplated by'its role in contested
~
18008090. h f
~
A.,
1 Commission proceedings -(see paragraphs 36-37 of our Findings
. and Conclusions). ' Virtually without exception, the Staff has simply _ accepted Consumers' conclusions, on the basis of infor-4' mation obtained from Consumers'itself_and without any attempt to' verify the' facts underlying. Consumers' assertions.
(But for the Saginaw-and Mapleton Intervenors, those assertions and factual allegations would have gone essentially unquestioned; this. Board has neither the time nor the resources to conduct, on.its own, the kind of detailed and searching inquiry mandated
' here both 'by NEPA and-by the important and unresolved safety concerns disclosed by the record.)
Accordingly, and pursuant -
to the Atomic Energy Act of 1954, as amended, and the Commission's.. reguladions,.IT IS ORDERED that Consumers Power Company, its agents and employees shall promptly cease and desist from al1~further construction activities with respect to the Midland plant, Units 1 and 2, pending completion of the - remanded. hearings and until-further order of ~ this Board.
IT IS FURTHER ORDERED, in accordance with 10 C.F.R.
155: 2.760, 2.762, 2.764, 2.785, _ and 2.786, that this Order shall become effective _immediately and~shall_ constitute, with f
- respect to the matters. covered'hereiniand in our Findings and-Conclusions, the 'fina11 action of - the Commission 30 days af ter -
.the-date;of the issuance _ hereof, subject to any review pursuant to the Commission's: Rules of Practice.
Exceptions to this initial decision may be filed by any party within seven -days.
h, li
lo.
- after service hereof,'and a brief in support of such excep-tions may be filed by any party within.15 da'ys: (20; days in l
. the case of the Staff)' thereafter.. Within 15 days of the
- filing and service'of the'brief of the appellant (20 days
' in the case:of the Staff), any other party may file a brief
- in support of, or in opposition to, the exceptions.
IT IS FURTHER ORDERED that the request of Consumers Power: Company for a '. stay. of the effectiveness of this Order.
L L
pending' review ~, pursuant to 10. C.F.R. S 2.764(a), is denied.
(.
- In part, our' denial of-the-stay request rests upon_the fact that 'to grant it would be to authorize, for an indefinite l
period.the length of which we cannot-determine,' the very continuing construction which we have cone'luded'should'not t.
- be allowed-because'of Consumers Power Company's failure to
\\'
~show 'that's'uch relief ~i57hicessary.. Thesame factual, legal,
. and' equitable'. considerations-pertinent to'our ruling (and f;
set forth in ourl Findings and Conclusions) apply with equal
. force to.the' stay request.
Un' der the circumstances, the language of-the. Appeal Board in-denying' Consumers' earlier _
stay request'is precisely applicable.
Co'nsumers Power Comoany (Midland Plant, Units ' 1 & ; 2), ALAB-395, 5 NRC (April 28, 1977),- Slip, Op. at.13-14,: quoted ;at paragraph 22 of our Findings'
~
and Conclusions.
We note that neither the Court of Appeals l
F
- nor thelppeal Board has 'seen fit to grant any of Consumers '
other stay requests. "In addition,-we'cannot conclude that
+
f
.c 3
(
g g
(g g
y yi e
g
,w yr-3
'""e f
b-
~
^
~
^f.
4 s
equitablelfactors warrant a grant of the requested stay.
' Denial of-the stay will not cause irreparable injury to.-
Consumers, any--more-than denial.of its request to continue construetion-pending.the remanded hearings; there is sub-stantial doubt, moreover, whether that test is. even applicable
~
here in. view of' the posture of this ' case: following - the rulings of-the Court of Appeals.
Mere financial injury to Consumers, even the incurring of what the Appeal Board described in ALAB-395 as " substantial and unrecoupable' costs," does not warrant a ' finding of irreparable injury, Renegotiation Board
- v. Bannercraft, 415 U.S. 1, 24~. (1974), any more than it warrants a failure to follow the clear mandate of NEPA and ensure the integrity of the ultimate cost-benefit analysis.
. Se'e Calvert Cliffs i Coord.-Comm., Inc. v. AEC,'449 F.2d 1109,
-1115 (D.C.'Cir. 1971), holding that neither " administrative 4
difficulty" nor " delay" nor " economic cos t" can jus tify a failureLeo' comply fully with NEPA requirements.
Finally, it follows from~ our ruling _on the suspension issue that we cannot-conclude that. Consumers has made the neces'ary showing, see 2
s
$~
Public Service Co. of New Hampshire ;(Seabroolt Station, Units
. 1 and :2), ALAB-349, NRCI-76/9. 235, 260-62-'(1976), - that con-
' tinued construction. will not. impair the integrity of the ultimate cost-benefit analysis or (M., at 258-59) render
'more difficult.the~ unbiased: evaluation of complete or partial
- alternatives. -See also Public Service Co. of New Hamoshire f
k es y
,.y-i
(__
c y
~
3
~
- (Seabrook Station, Units.1. and 2), ALAB-366, 5 t1RC (January
.21,,1977), Slip ~0p. at 65l-68:*
... continuing the commit-l
' ment of resources poses a threat to 'the integrity of the final
. governmental decision' because it may lead to 'public agencies and.. courts-: accepting-less desirable and limited options or,
~
worse, countenancing a fait accompli * * *'."
Precisely the same threat-is posed here,- as both Consumers (Tr. 1066-68, 1138)
'and the Staff (Crocker Testimony, fol. Tr. 4177, p. 3) have conceded.
It is so ORDERED.
Respectfully submitted, i
tO l0 Mytoh/. Cherry
[
0f 1
j.
Peter A. Flypn l
l Attorneys' for Intervenors other than Dow Chemical Company i
t One: IBM Plaza Suite 4501
. Chicago, Illinois 60611-L (312) 565-1177
- ~ Modified on other--grounds and, as modified, affirmed in
- CLI-77-8, 5 NRC 503 (March 31, :1977).
1
.