ML19352A831
| ML19352A831 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 05/29/1981 |
| From: | Bechhoefer C Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| ISSUANCES-OL, ISSUANCES-OM, NUDOCS 8106020192 | |
| Download: ML19352A831 (4) | |
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 4
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Docket Nos. 50-329 OM In the Matter of
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50-330 OM CONSUMERS POWER COMPANY Docket Nos. 50-329 OL
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50-330 OL (Midland Plant, Units 1 and 2) )
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May 29, 1981 NOTICE OF EVIDENTIARY PEARING Please take notice that, in acccrdance with the Licensing Board's Pre-hearing Conference Order, dated May 5, 1981, as modified during a telephone confereece call on May 27, 1981, an evidentiary hearing in this consolidated proceeding will commence at 9:30 a.m. on Tuesday, July 7,1981, in the Midland County Courthouse Auditorium, 301 W. Main Street, Midland, Michigan 48640.
Further sessions of the hearing will be h' eld (to the extent
?s-sary) at the same location on July 8-11, 13-17, August 4-8,10-14, and 24-28, beginning at 9:00 a.m.
(The sessions on Saturdays will conclude by 1:00 p.m.)
Pursuant to the Atomic Energy Act of 1954, as mended (the Act), and the regulations in Title 10, Code of Federal Regulations, Part 50, " Domestic Licensing of Production and Utilization Facilities," Part 51, " Licensing and l
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Regulatory Policy and Procedures for Environmental Protection," and Part 2,
" Rules of Practice for Domestic Licensing Proceedings," notice is hereby given that the said evidentiary hearing will be hcid to cons: der the appl 1-cation filed under the Act by Consumers Power Co. ( Applicant), to possess, W
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e use and operate the Midland Project, Units 1 and 2, two pressurized nuclear reactors located on the Applicant's site in Midland County, Michigan.
The hearing sessions listed above will consider soils settlement issues, including those arising from the Comission's Order Mcdifying Construction Permits No. CPPR-81 and No. CPPR-82.
The hearing will be conducted by an Atomic Safety and Licensing Board designated by the Chairman of the Atomic Safety and Licensing Board Panel. The Board's membership consists of the following Administrative Judges:
Dr. Frederick P. Cowan, Mr. Ralph S.
Decker, and Mr. Charles Bechhoefer, Chairman.
In 1977 and 1978, the Applicant submitted information supporting its applications for facility operating licenses.
A Notice of Opportunity for Hearing was published on May 4, 1978 (43 Fed. Reg. 19304).
Petitions for leave to intervene filed by Mrs. Mary P. Sinclair, and by *. Wndell H.
Marshall on behalf of Mapleton Intervenors, ano a petition by Frank J.
~ ~Kelley," Attorney-General of -the State of Michigan, to participate as an
" interested State" pursuant to 10 CFR 2.715(c) were subsequently granted and a Notice of Hearing in this "0L Proceeding" was published on October 18, 1978 (43 Fed. Reg. 48089).
Subsequently, on December 6,1979, the Acting Director of NRC's Office of Nuclear Reactor Regulation, and the Director of NRC's Office of Inspection and Enforcement, jointly issued an Order Modifying Construction Permits No. CPPR-81 and No. CPPR-82.
On December 26, 1979, the Applicant filed a Request for Hearing pursuant to Part V of the Order.
See 10 CFR i
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%2.204.
A Notice of Hearing for this "0M Proceeding" was published on March 20, 1980 (45 Fed. Reg. 13214).
An Amended f;otite of Hearing in the OM Proceeding, inviting participation by persons whose interests may be affected, was published on May 23, 1980 (45 Fed. Reg. 35949).
By its Prehearing Conference Order Ruling on Contentions and on Consolidation of Proceedings, dated October 24, 1980, the Licensing Board granted petitions to intervene in the OM Proceading filed by Ms. Barbara Stamiris and Ms. Sharon K. Warren.
(Ms. Warren has since withdrawn from the proceeding.)
The Board also granted a motion by the Applicant to consolidate the OM proceeding with those issues relating to soil conditions and plant fill materials raised in the O' Proceeding.
The issues in the OM Proceeding will consist of those specified in the Modification Order, together with matters out into controversy try the parties to the proceedisg~ kid" awe ~pted in the,icer. sing Board's Octcber 24,
-1980-Prehearing. Conference Order.
In accordance with the provisions of 10 CFR 2.760a, the OL hearing wil be limited to the consideration of matters put into controversy by the parties to the proceeding and whict have been determined by the Board to be issues in the proceeding, together with other issues, if any, where the Board has determined that a serious safety, environmental, or comon defense and security matter exists.
Depending on the resolution of 1ssues in the OM Proceeding, the Director of Nuclear
'Reactor Regulation will put into effect, modify, or deny the remedies proposed in the Modification Order.
Depencing upon resolutica of issues in P00R ORIGINAL
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the 0L Proceeding, the Director of Nuclear Reactor Regulation, af ter making the requisite findings, will issue, deny, or appropriately condition the sought operating licenses.
Any person who has not been admitted as a pa-ty to this proceeding may request permission to make a limited appearance pursuant to the provisions of 10 CFR 2.715( a). A person making a limited appearance may mrke an oral or hitten statement on the record.
- He or she does not become a party but may state a position and raise questions which he or she would like to have answered, to the extent that the questions are within the purview of matters which may be considered ir, an operating license proceeding, as specified by 10 CFR 2.104(c), er in an enforcement proceeding under 10 CFR 52.204.
Limited acoear ances will be oermitted at this evidentiary hearing, within i
such limits ar.d oc such conditions as may be fixed by the Board.
It is presently contemolated that oral limited accearance statements will be taken-at the commencempnt o'f Eh'e heiring on July 7,1951.
Tc the extent
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-necessar-y, the Board may establish other dates for such statements.
Persons desiring to make a limited appearance are requested to inform the Secretary of the Connission, U.S. Nuclear Regulatory Connission, Washington, D.C.
20555, ATTN:
Docketing and Service Branch.
FOR THE ATOMIC SAFETY AND LICENSING BOARD l
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l Charles beennoefe", Chairman i
ADMINISTRATIVE JUDGE l
Dated at Bethesda, Maryland, tnis 2gtn day of May,1981.
P00RORBINAl.
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