ML19347A665

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Advises That Encl 780601 Motion to Forward Rept of Further Settlement Discussions to NRC Reflects Status of Settlement Effort.Motion Proposes Saginaw Alternatives for Settling Special Proceeding
ML19347A665
Person / Time
Site: Midland
Issue date: 06/07/1978
From: Deale V
Atomic Safety and Licensing Board Panel
To: Hendrie J
NRC COMMISSION (OCM)
Shared Package
ML19347A664 List:
References
ISSUANCES-SP, NUDOCS 8007310572
Download: ML19347A665 (2)


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UNITED STATES e

g NUCLEAR REGULATORY COMMISSION j

j-WASHINGTON. D. C. 20555 5

' June 7, 1978 d I19f S

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Hon. Joseph M. Hendrie Y

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U.S. Nuclear Regulatory Commission g

Washington, D.C. 20555 t

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Subject:

Matter of Consumers Power Company (Midland Plant, Units 1 and 2)

Special Proceeding Docket Nos.50-329SP,50-330SP-

Dear Mr. Hendrie:

This follows up our letter of March 21, 1978 and your reply of April 28, 1978.

There -is no reasonable hope at the present time of settling the special proceeding on the basis simply of the proposal transmitted to

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U you by obr letter of March'21, 1978 with paragraph 9 thereto being i

excised.

2 The present status of the settlement effort, which included con-

' sideration of your letter of April 28, 1978, is reflected in the 4

" Motion of the Parties to Forward Report _of Further '.;ettlement Dis-cussions to the Commission," dated June 1, 1978, with Attachment A

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thereto.

A copy of this' Motion with its Attachment A is enclosed.

Attachment A sets forth alternative proposals of Mr. Cherry and the Saginaw Intervenors for settling the special proceeding.

If the con-ditions stated in either of the proposals would ccme into being, a settlement agreement by all of-the parties would result.

Should the Commission notify the special board that one or the other proposal in Attachment A is acceptable, the special board anticipates maintaining the special proceeding in a state of suspense while awaiting the sought-after Comptroller General's opinion. Other-wise, if' the Commission notifies the special board that neither of the two proposals in Attachment A is acceptable, the special board will prepare promptly its report to the Commission,'as requested by your letter of' January 30, 1978, "after the possibility of settlement has been explored." -

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2-Under the 'special. board's order of May 23, 1978, at paragraph 4, 3

the foregoing report will occasion the reinstatement of filing dates for answers to certain outstanding motions in the special proceeding,

-so that these motions, along with one other motion which has already been answered, will be ready for decision in a timely manner.

' For the information and convenience of the Cenmiesion, a copy of

-the special_ board's. order of.May 23,.1978 is also forwarded herewith.

Sinc y yours,

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Valentine B. Deale Chairman Atomic Safety and Licensing Board for Special Proceeding Enclosures as stated k

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