ML19344D813
| ML19344D813 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee, Midland File:NorthStar Vermont Yankee icon.png |
| Issue date: | 09/07/1978 |
| From: | Mark Miller ISHAM, LINCOLN & BEALE |
| To: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| References | |
| NUDOCS 8007250816 | |
| Download: ML19344D813 (3) | |
Text
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ISHAM, LINCOLN & BEALE OOM M UW wASMtNGTch OFFICE
- CowARO S. sSMAM. IsFa-i902 10 50 17ty STRC CT, N.W.
ROsCRT T. uMCOLN. ISF2*f 0SS WAS H I NGTO N, O. C. 2 OO 36 weLuAM G. SEALE. tass-4923 ONC FIRST NAftONAL RLAZA 202-833*9730 FORTY *SCCONO VLOOR ASSOCuTES CHICAGO, ILUNotS 60,603 LAWRENCE S. AoELSON RosERT w. mLEINMAN CM ARLES A. 5A*8E MICHAEL L McLLER DEAN A.CSLING OONALD J. McLACMLAN GEOrrpCY A. ANDERSON ROBERT M.LOEFrLER*
312*786-750 0 TCLEM 2-5288 CARTL ANN SARTELMAN JCMN E.LOPATEA wsLuAM w. CARRow DAvtO J. ROSSO FREDERfCM R. CARSON DONALD E.vAC:M MARGARET C., saaTER EOwARO w. MALSTROM RfCMAND G. FERGUSON JCMM L.MgCAUSLAND EUGENE M. BERNSTEIN MuGM R. McCOMES.JR.
RecMARO swOGaLvit LAURENCE O. LASET JOM N G. CAM E RON. J R.
WILUAM S. McKAT. J R.
ROSENT E.CROMeN ROBERT A.TOLLES O. KARST COLSON.Z2 TERRY F. MORIT2 EILEEN STRANG C. RICHARD JOMNSON MARLAN M.DELLST PAUL M. MuRPMr ROSCRT WOOO TULUS PETER C. JOHN CLARK CVANS OCwNS GLENN E. NELSON ReCMARO O. CUCAMT*
GERALD DL MINDELL EDSELL M. EADT, JR.
JAM ES N. MOWACKI AtCMARO E.PowtLL GERRY D CS?ERLAND ROBERT L.ESTEP THOMAS GRADY RYAN w*[
DAvlO J. FISCH ER STEPHEN N.SAwviER A.DANICL FELOMAN JOMM W. ROWE PMlWP F. PURCELL PAUL F. MAN 2WR 7#
MARY L. PITCH PAUL W. SCHROEDER SMAROM L. ming CONALD s.MstumER
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DAvtO M. STAML RosERTE. GANJA PM3MP P. STESTOE. :I ALE =I'"o'RkE7EvER September 7, 1978
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P00R QUAUTY PAGES Mr. Samuel J. Chilk h
Secretary d'
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$ @g\\hg U.S. Nuclear Regulatory Commission S 9 Washington, D. C.
20555 Re:
Consumers Power Company (Midland Plants, 6
Docket Nos. M 50-330
- 7ek 6
Units 1 & 2)
Dear Mr. Chilk:
D c3 We are counsel.to Consumers Power Company in matters relating to the' construction permit and operating license proceedings before the Nuclear Regulatory Commission involving the above-referenced Midland Plant.
We ask that you bring this letter to the attention of the Commissioners in connection with their consideration, pursuant to the Commission's Order of April 10, 1978, of the status of the construction permit proceedings in this docket.
To briefly summarize the history of these proceed" ings, in 1972 permits were issued authorizing construction of the Midland Plant.
Following administrative appeals, petitions for review of the orders granting the construction permits were filed in the Court of Appeals for the District of Columbia Circuit by two groups which had previously intervened before the Commission.
The Court of Appeals' review resulted in a determination to remand the orders granting the construction permits to the NRC "for further proceedings in conformity with.
[the] opinion." Aeschli-man v. Nuclear Regulatory Commission, 547 F.2d 622, 632 (D.C. Cir. 1976).
Following that decision by the Court of Appeals, an Atomic Safety and Licensing Board conducted an eviden-tiary hearing to determine whether to continue, modify or suspend the construction permits pending a decision on the remanded issues.
Its decision not to modify or suspend the 8007250 kf h
y Mr. Samuel J. Chilk September 7, 1978 Page Two
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construction permits was affirmed by the Atomic Safety and
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-- Licensing Appeal Board.
Consumers Power Co. (Midland Elant,...-_
Units 1 and 2), LBP-77-57, 6 NRC 482 (1977); ALAB-458, 7 NRC 155 (1978).
Cn April 3, 1978, before the hearing on the remandqd issues was scheduled to begin, the Court of Appeals' Aeschliman decision was reversed by the United States Supreme Court's unanimous (7-0) opinion in Vermont Yankee Nuclear Power Corp. v. Natural. Resources Defense Council.
Subse-quently, by Order dated April 10, 1978, the Commission requested that the parties to the construction permit proceeding state their views as to what issues, if any, remain for further NRC consideration in light of the Supreme Court's Vermont Yankee decision.
All parties except The Dow Chemical Company submitted statements in response to that Order.
That matter is now pending before the Commission.
A new chapter in the Midland Plant proceedings bs'an on May 4, 1978, when the NRC caused to be published in g
the Federal Register a Notice of Opportunity for Hearing in connection with the application for operating licenses for the Midland Plant (43 Fed. Reg. 19304).
Two entities peti-tioned for leave to intervene in the operating license proceedings and an Atomic Safety and Licensing Board was established to rule on those petitions.
That Licensing Board has issued a provisional order with respect to the,
petitions to intervene.
Consumers Power Campany is concerned by the fact that the Commission has not yet issued a decision delineat-ing what issues, if any, in the construction permit proceed-ing remain for NRC consideration in light of the Supreme Court's opinion in Vermont Yankee.
The lack of instruction from the Commission concerning the status of the Midland Plant construction permit proceeding is especially troubling
.l in view of the fact that Consumers Power Company's applica-tion for operating licenses for the Midlana Plant has been docketed and petitions to intervene have been filed.
This
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places Consumers Power Company in the anomalous position of beginning the operating license hearing process while the tag-end of the construction permit hearing process remains open.
We suggest that possible duplication of efforts by Consumers Power Company, the NRC Staff and any intervenors which results from this state of affairs will be mitigated by a prompt Commission decision setting forth the exact
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s 3
Mr. Samuel J. Chilk September 7, 1978 Page Three v
status of the construction permit proceedings.
Such a decision would enable-Consumers Power Company and the other H
parties involved to prepare in a timely and efficient manner for any operating license or other hearings concerning the Midland Plant which may be necessary.
Therefore, on behalf of Consumers Power Company, we respectfully request that the Commission set for decision the matter concerning the Midland Plant, as outlined in the Commission's Order of April 10, 1978, at the earliest possible time.
Very truly yours, Z/y Jf Michael I. Miller r-MIM:sf cc:
(See Service List)
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