ML20005A978
| ML20005A978 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 05/05/1981 |
| From: | Farnell A ISHAM, LINCOLN & BEALE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, ISSUANCES-OM, NUDOCS 8107060158 | |
| Download: ML20005A978 (4) | |
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UNITED STATES OF A?1 ERICA f
NUCLEAR REGULATORY COMMISSION e
,Before the Atomic Safety and Licensing Board
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)
In the Matter of
)
)
CONSUMERS POWER COMPANY
)
Docket Nos. 50-329-OM
)
50-330-OM (Midland Plant, Units 1 and 2)
)
50-329-OL
)
50-330-OL
)
CONSUMERS POWER COMPANY RESPONSE IN OPPOSITION TO INTERVENOR MOTION FOR
SUMMARY
DISPOSITION ON APPLICANT STATEMENTS OF INTENT AS A BASIS FOR REASONABLE ASSURANCE JUDGMENTS ON OUALITY ASSURANCE Pursuant to 10 C.F.R. S2.749(a) Consumers Power Company (" Consumers Power") submits its response in opposition to Intervenor Motion for Summary Disposition on Applicant Statements of Intent as a Basis for Reasonable Assurance Judgments on Quality Assurance ("Stamiris Motion").
I.
Stamiris Motion The essence of Ms. Stamiris' motion is found in III, Summary Statement of Issues for Summary Disposition.
which reads, "I submit that applicant's promises, commitnents, intentions, and plans for the future regarding Quality Assurance, do not constitute genuine issues to be heard in this soil settlement proceeding."
The basis for this statement is her belief that "only past performance can afford a boj i
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reasonable basis for assurance of future performance, and that promises, good 1....itions and plans of the future, do not for the aforementionsi reasons, constitute genuine issues to be hear?
II.
Ms. Stamiris' Motion is Not a Motion for Summary Disposition.._
Ms. Stamiris does not seek summary disposition of any material fact concerning Consumers Power's Quality Assurance program as of December 6, 1979 or its program as constituted today.
What Ms. Stamiris does, is request the Board not to consider certain evidence when it reviews those t
issues.
In essence, she has filed a motion to exclude evidence because in her opinion it is not relevant to the issues, viz, only past performance is relevant to the issue of reasonable assurance of future quality assurance performance, and hence promises, good intentions and plans for the future should not be considered.
This is not a summary disposition motion, is inappropriate to consider as such, and is improper.
III. Conclusion For the aforementioned reasons Ms. Stamiris' motion should be denied.
(
Respectfully submitted, M -htut(.(
Alan S.
Farnell ISHAM, LINCOLN & BEALE One First National Plaza Suite 4200 Chicago, Illinois 60603 i
312/558-7500 -
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board
)
In the Matter of
)
)
CONSUMERS POWER COMPANY
)
Docket Nos. 50-329-OM
)
50-330-OM (Midland Plant, Units 1 and 2)
)
50-329-OL
)
50-330-OL
)
CERTIFICATE OF SERVICE I, Alan S. Farnell, hereby certify that a copy of Consumers Power Company Response in Opposition to Intervenor Motion for Summary Disp 0rition on Applicant Statements of Intent as a Basis for Reas7nable Assurance Judgments on Quality Assurance was served upon all persons shown in the attached service list by deposit in the United States mail, first class, this 5th day of May, 1981.
I
^%.
A.w - wQ Alan S. Farnell
SERVICE LIST Frank J.
Kelley, Esq.
Steve Galdler, Esq.
Attorney General of the 2120 Carter Avenue St. Paul, Minnesota 55108 State of Michigan Stewart H. Freeman, Esq.
Assistant Attorney General Atomic Safety & Licensing Appeal Pnl.
Gregory T. Taylor, Esq.
U.S. Nuclear Regulatory Commission Assistant 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 One 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 Charles 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 Boca 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 Babcock & Wilcox P.
O. Box 1260 Lynchburg, Virginia 24505 James F.
Brunner, Esq.
Consumers Power Company 212 West Michigan Avenue Jackson, Michigan 49201
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