ML19347A594

Informs That NRC Disturbed by Apparent Breakdown in Sys Which Should Insure That Copies of Exhibits Tendered to Court Reporters at Hearing Are Appropriately Entered in Docket File Inventory.Forwards Three Exhibits.W/O Encls

ML19347A594
Person / Time
Site:	Midland
Issue date:	09/02/1977
From:	Hoefling R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Stevens C NRC OFFICE OF THE SECRETARY (SECY)
References
NUDOCS 8007291024
Download: ML19347A594 (3)

Text

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September 2,1977

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Do'ket Nos.

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l Mr.c Chase Stevens', Chief -

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m Docketing and Service Branch -

"O Office of the Secretary of the Comission

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i U. S. Nuclear Regulatory Commission Washington,- D. C.

20555 In'the Matter of Consumers Power Company

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i-(Midland plant, Units 1 and 2) i~

Dear Mr. Stevens:

- By a' Memorandtsn dated August 30,1977, tfie Atomic Safety and Licensing Board in the Midland proceeding transmitted to the parties a copy of.

ithe Commission's official Docket File Inventory (Inventory) for this

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l proceeding noting that this ' Inventory did not. include all exhibits

-which have been identified by the parties. The Board advised the-4 parties to-insure that the Docketing and Services Branch is fumished with the number of exhibit copies required by the Comission's Rules r of. Practice.

In those instances where-an exhibit has been. bound into i

the transcript, the Board indicated that' it would be sufficient to e

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. advise the Branch of the ~ correct citation to the transcript where thef p.

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The Board's Mesorandum is disconcerting. - The NRC Staff tendemdJnine-y %y

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-exhibits.in this proceeding. din each instance, copies of the exhibits' were provided.to' all the parties. -'In ~all cases.but one, three. copies-T

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of the exhibits. tendered were provided to the court reporters.

In the one instance where the requiredinumber of-copies was not tendered

, to the court reporters,- the exhibit was: read into the record verbatim. -

In all cases' Staff Counsel-complied with the Rules of Practice.

i e pecifically 10 CFR's 2 743(f)[ It is apparent 1that there has been a

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g breakdown of the system at some point in_ that 6xhibits tendered to the-i court mporters have not been 1.nventoried in the official. Docket File.

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. [In ordeY to Mmedy.thisfdeficienc,y'as expeditiously as' possible, the.

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, Staff is hereby transmitting three; copies of all exhibits offered in C~

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,.the proceeding, withithe' exception of Staff. Exhibit' No. '4.1 Staff -

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Exhibit No.-4 was read into the record on February 2,1.977 at Tr..

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' 12563-2564. The remaining Staff exhibits which accompany this. letter

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.am the' following:',

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Foun AEC.3ts (Rev. 9 53) AECM 0240 '

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Mr. Chase Stevens Chief Septe er 2,1977 I

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Staff Exhibit No.1 - Letter of November 18, 1976 from Dade

- W.. Moeller to Marcus A. ' Rowden with its attachments.

~ Staff Exhibit No. 2 - Letter of December 1,1976 fmm f

R.: F.Jraley to D. M. Head with its attachments.

I Staff Exhibit No. 3 - Letter of November 23,1976 from R.. F. - Fraley to Marcus A. Rowden with its attachme:ds.

i Staff Exhibit No. 5 U. S.- Environmental Pmtection Agency

" Notice of Violation" dated November 18,~1976 in the matter i

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.of Dow Chemical Company.

i Staff Group Exhibit No. 6 - Eight data tables identified as Staff Exhibits Nos.- 6a through 6h.

Staff Exhibit No. 7 - A table entitled "U.S.A. and Michigan Igact If Pennanently Tenninated By NRC".

. Staff Gmup Exhibit No. 8

.Nine tables identified as

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Staff Exhibits-Nos. 8a thmugh 8g..

i Staff l Exhibit No. 9 A document entitled " Enrichment l

Policies" presented by William R.':Voigt. Jr. -and dated l

April :25.1977.

An examina io[sf;the D' cket File Inventoiy provokes the follo, ting l

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' additional connents.: At Volume 71 of the Inventory, under date of.

5/20/77, the Inventory lists as Staff's Exhibit No. 3-1 a Safety Evaluation. Report. dated ~4/76 Jand Supplement No. I dated.10/76..The l

Staff h'as no compmhension 'of what these entries mean. No: Safety Evaluation Reports have been made a~ part of the record in the suspension 1

. proceeding.- Furthermom, Staff Exhibit No. 3 was identified on January 19 11977, at Tr.1372, some four months. prior to this particular entry in the Docket File ~ Inventory.

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, ;There appears to be some further confusion in the Docket File Inventory i

e _on the second page of Volume:73. :The last entry, under date of'8/15/77, identifies -an."Intervenors : Exhibit No. 9 re: Enrichment Policies".

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My records reflect that Intervenors' Exhibit No. 91s'an eight page document entitled " Outline For. 9/24/76 Meeting At Dow".

However, by letter of. June 2,1977,1a copy of which is attached, the Staff trans-

?mitted to Ace Federal Reporters Inc. three copies of an exhibit that

.the Staff wished to have identified as: Staff Exhibit No. 9.

The Staff

.had reserved the right to submit this exhibit at the hearing while

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f Form A1C.313 (Rev. 9-53) AECM 0240

. # u. se sovsRNMsNT PRINTING OPPICat 8974 528-tee-a

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'.Mr. Chase Stevens, Chief September 2,1977 r

cross examining Dr.--Tim (Tr. 5978-5984). The title of this exhibit Lis " Enrichment Policies".

It is possible that this-particular exhibit

- has been erroneously identified in the Docket File Inventory..If that nis the case, it 1sepuzzling why entry of-thi.s exhibit in'the' Inventory

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took scue.two and one-half months after.its transmittal to Ace.

l In?sunmary, the; Staff is. disturbed by the apparent breakdown in the system-which should insure that copies.of exhibits tendemd to the i

court reporters at the hearing are appropriately entered in'the Docket File. Inventory. Furthermore, there appear. to be several erroneous entries on the Docket File Inventory; and the possibility exists that-l an-inortlinate; period of time passes from the. tendering of. exhibits to Ace Federal until those exhibits am entered in the Docket File-Inventory..

i These ' deficiencies'may warrant your constde{ation, s._

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Sincerely,

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l Richard K. Hoefling

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i tCounsel for NRC Staff

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- Enclosures as stated

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i cc (w/o encl.):

Frederic J. Coufal, Esq., Chaiman

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Dr.1 J.'- VennL Leeds, Jr.

DISTRIB11 TION

.Dr. Enneth A. Luebkei LBrenner:

Myron M. Cherry, ;Esq.:

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' 'Judd L.' Bacon.-Esq a

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Ms. Mary SinclairL ^

W01mstead Harold F. Reis'. Esq.,H.-

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TEngelhardt i

L.' F.1 Nute. - Esq. '

f' MGrossman 1

l Mr. Steve Gadler FF R.: Rex'Renfrow,'III iEsq.

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_. Reg. Cent.

Atomic Safety;and Licensing

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- S. Echols.

f cMorton Hatlie. Esh. e -9 w, R. Powell i

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j Atomic Safety and Licens1_ng-

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