ML20009C454

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Response That NRC Has No Objection to Withdrawal W/O Prejudice of Intervenor Requests to Aslab for Certified Rulings & for Appellant Review of Rights to Raise Some Issues at Later Time.Certificate of Svc Encl
ML20009C454
Person / Time
Site: Midland
Issue date: 07/17/1981
From: Thessin J
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:
NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
ISSUANCES-OL, ISSUANCES-OM, NUDOCS 8107210080
Download: ML20009C454 (4)


Text

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d 7/17/ 1 UNITED STATES OF AMERICA S'

'9' NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD

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$b In the Matter of CONSUMERS POWER COMPANY

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Docket Nos. 50-329-0M & OL /Q l'

50-330-0M & OL (Midland Plant, Units 1 and 2)

NRC STAFF STATEMENT IN RESPONSE TO INTERVEN0R REQUESTS TO THE APPEAL BOARD FOR

' CERT'FIED RULINGS AND FOR APPELLANT REVIEW i

Barbara Stamiris, an intervenar in this proceeding, filed requests to the Appeal Board "For' Appellate Review Certified on Direction of the Commission", dated June 29, 1981 and "For Ruling on Appropriate Time for Appeals on Discovery Rulings & Conference Call Rulings Which Deny Equal Right to One Party in the Proceeding", dated June 30, 1981.

On July 13, 1981, Ms. Stamiris indicated to NRC Staff that she was withdrawing these two requests and authorized the Staff to communicate her position to the Appeal Board. Transcript July 13, 1981, pp. 1958-1959. Since July 7, Ms. Stamiris has been an active participant in ongoing hearings before the Licensing Board on issues relative to an Order Modifying Construction Permits of the Acting Director of Nuclear Reactor Regulation and the Director of Inspection and Enforcement, dated December 6, 1979.

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2-Staff has no objection to the withdrawal of these requests, without prejudice to Ms. Stamiris' right later to raise the same issues at an appropriate time. Staff does not intend at this time to file a brief on their merits. Staff has been informed that Constmers Power Company also has no objection to withdrawal of these requests without prejudice.

R6spectfully submitted.

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s H. Thessin Counsel for NRC Staff Dated at Bethesda, Maryland this 17th day of July,1981.

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UNITED STATES OF AMERICA e

NUCLFAR REGULATORY C0!t41SSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of

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CONSUMERS POWER COMPANY Docket Nos. 50-329-0M & OL

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50-330-0M & OL (Midland Plant, Units 1 and 2)

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CERTIFICATE OF SERVICE' I hereby certify that copies of NRC STAFF STATEMENT IN RESPONSE TO INTERVEN0R REQUESTS TO THE APPEA.L BOARD FOR CERTIFIED RULINGS AND FOR APPELLANT REVIEW in the above-captioned proceeding have been served on the following by depo;it in the United States mail, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this day of July, 1981.

  • Richard S. Salzman, Chairman Frank J. Kelley Atomic Safety and Licensing Attorney General of the State Appeal Board Panel of Michigan U. S. Nuclear Regulatory Comission Steward H. Freeman Washington, D. C.

20555 Assistant Attorney General.

Environmental Protection Division

  • Dr. John H. Buck 720 Law Building Atomic Safety and Licensing Lansing, Michigan 48913 Appeal Board Panel U. S. Nuclear Regulatory Commission Washington, D. C.

20555 Myron M. Cherry, Esq.

  • Ms. Christine N. Kohl 1 IBM Plaza Atomic Safety and Licensing Chicago, Illinois 60611 Appeal Board Panel U. S. Nuclear Regulatory Commission Ms. Mary Sinclair Washington, D. C.

20555 5711 Summerset Street Midland, Mici igan 48640

  • Charles Bechhoefer, Esq.

Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Michael I. Miller, Esq.

Washington, D.C.

20555 Ronald G. Zamarin, Esq.

Administrative Judge Ralph S. Decker

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le Route #4, Box 190D One First National Plaza Cambridge, MD 21613 42nd Floor Chicago, Illinois 60603 Dr. Frederick P. Cowan 6152 N. Verde Trail Apt. B-125 Boca Raton, Florida 33433

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  • Atomic Safeity and Licensing James E. Brunner, Esq.

' Board Panel Consw.crs Power Company U. S. Nuclear Regulatory Commission 212 Rest Michigan Avenue Washington, D. C.

20555 Jackson, Michigan 49201

  • Atomic Safety and Licensing Appeal Ms. Parbara Stamiris Board Panel 5795 N. River U. S. Nuclear Regulatory Commission freeland, Michigan 48623 Washington, D. C.

20555 Mr. Steve Gadler

  • Docketing and Service Section 2120 Cart'er Avcoue Office of the Secretary St. Paul, Minnesota 55108 U. S. Nuclear Regulatory Commission Washington, D. C.

20555 Mcndell H. Marshall, Vice President l'id.est Environmental Protection Associates RfD 10 lGdicod, Michigan 48640 James R. Kates 203 S. Washington Avenue Saginaw, Michigan 48605 ggg g to g Jeann Linsley

-- Y mes H. Thessin Bay City Times Ja 311 Fifth Street Counsel for NRC Staff Bay City, Michigan 48706 e%F a

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