ML19350E278

Response Opposing B Stamiris 810529 Intervenor Notice of Violation.Filing Should Be Denied & Stricken from Record as Factual Statements Incorrect.Telcon on 810527 Was Not Ex Parte & Regulations Inapplicable.Certificate of Svc Encl

ML19350E278
Person / Time
Site:	Midland
Issue date:	06/09/1981
From:	Zaurarin R CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.)
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, ISSUANCES-OM, NUDOCS 8106170233
Download: ML19350E278 (5)

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UNITED STATES OF AMERICA - 81 A NUCLEAR REGULATORY COMMISSION d w 9 k:

Before the Atomic Safety and Licensing Board

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In the Matter of )  % # 6

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CONSUMERS POWER COMPANY ) Docket Nos. S'0 D j29

) 50-3 (Midland Plant, Units 1 and 2) ) 50-329-OL

) 50-330-OL

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RESPONSE OF CONSUMERS POWER TO "INTERVENOR NOTICE OF VIOLATION"  !

DATED MAY 29, 1981 By filing dated May 29, 1981, Intervenor Barbara Stamiris makes allegations of an "ex parte communication" in violation of 10 C.F.R. Section 2.780. A number of factual statements in her filing are incorrect, as is her stated conclusion.

During the May 27, 1981 conference call, it was p3 3

related that, based upon the May 22, 1981 Region III exit interview, it appeared almost certain that Mr. Keppler !I l ADD:ts;s 77son would have " reasonable assurance" and that there was there-DeMa: M F:/es fore confidence that the quality assurance stipulation j would be finalized, thus obviating the need for the Board

! to invest substantial time and effort in considering and l

ruling upon the Motion for Summary Disposition with regard l

l to quality assurance.

Mrs. Stamiris, by her filing, apparently complains that the conference call constituted an improper "ex, parte" .

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communication. / Such a position is nonsense. First, the most rudimentary lexicon would provide a definition of "ex parte". sufficient to satisfy the simplest mind that a conference call, joined in by all available interested parties, is anything but ex parte. Second, Section 2.780 clearly states that it does not apply to communications requested concerning the status of proceedings. As even Mrs. Stamiris must know, the purpose and substance of the conference call was to advise the Licensing Board of the status with regard to the need to study and decide the Motion for Summary Disposition.

While certain latitude is given to pro se inter-venors il nuclear regulatory proceedings, and that is as it should be, there is a concomitant obligation upon the intervenor to exercise at least some medicus of judgment and responsibility before acting. Unfortunately, this latest filing by Mrs. Stamiris indicates somewhat less than complete recognition of that obligation.

The conference call was not ex parte. The

• / Due to lack of clarity, Mrs. Stamiris' filing may complain of an ex parte communication with Mr. Keppler. If this is so, it is similarly absolutely groundless. There was no such communication. Moreover, even if there had been such communication it would not constitute the type of ex parte communication referred to 10 C.F.R. S2.780.

The only ex parte communication Consumers Power attorneys are aware of was that between Mrs. Stamiris and Mr. Keppler when they met on the evening of May 21, 1981 to discuss matters pertaining to the proceeding.

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"Intervenor Notice of Violation" being in substance nonsense, should be denied and stricken from the record.

Respectfully submitted, B hh d One of the rneys for Consumers Power Company ISHAM, LINCOLN & BEALE One First National Plaza Suite 4200 Chicago, Illinois 60603 (312) 558-7500 DATED: June 9, 1981

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SERVICE LIST Frank J. Kelley, Esq. Steve Galdler, Esq.

Attorney General of the 2120 Carter Avenue State of Michigan St. Paul, Minnesota 55108 Stcwart H. Freeman, Esq.

Ascistant Attorney General Atomic Safety & Licensing Appeal Enl.

Gr: gory T. Taylor, Esq. U.S. Nuclear Regulatory Commission >

Ascistant Attorney General Washington, D.C. 20555 Environmental Protection Div.

720 Law Building Mr. C. R. Stephens Lansing, Michigan 48913 Chief, Docketing & Service Section Office of the Secretary Myron M. Cherry, Esq. U.S. Nuclear Regulatory Commission Ono IBM Plaza Washington, D.C. 20555 Suite 4501 Chicago, Illinois 60611 Ms. Mary Sinclair 5711 Summerset Street _

Mr. Wendell H. Marshall Midland, Michigan 48640 RFD 10 Midland, Michigan 48640 William D. Paton, Esq.

Counsel for the NRC Staff Chcrles Bechhoefer, Esq. U.S. Nuclear Regulatory Commission Atomic Safety & Licensing Bd. Pnl. Washington, D.C. 20555 U.S. Nuclear Regulatory Com.

Washington, D.C. 20555 Atomic Safety & Licensing Bd. Panel U.S. Nuclear Regulatory Commission Dr. Frederick P. Cowan Washington, D.C. 20555 6152 N. Verde Trail Apt. B-125 Barbara Stamiris Doca Raton, Florida 33433 5795 North River Road Route 3 Admin. Judge Ralph S. Decker Freeland, Michigan 48623 Route No. 4, box 190D Cambridge, Maryland 21613 Carroll E. Mahaney B bcock & Wilcox P. O. Box 1260 Lynchburg, Virginia 24505 James E. Brunner, Esq.

Consumers Power Company 212 West Michigan Avenue Jcckson, Michigan 49201 e

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