ML20027C586
| ML20027C586 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 10/12/1982 |
| From: | Brunner J CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, ISSUANCES-OM, NUDOCS 8210180212 | |
| Download: ML20027C586 (3) | |
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Octob3r 12, 1982
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UNITED STATES OF AMERICA NUCLEAR REGULATORY C0te!ISSION OCT 14 gj gg BEFORE THE ATOMIC SAFETY AND LICENSING BOARD CFFl~
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BRANCf
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Docket Nos.
50-329-0M CONSUMERS POWER COMPANY )
50-330-0M
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50-329-OL (Midland Plant, Units 1 )
50-330-OL and 2)
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RESPONSE TO " MOTION TO COMPEL ANSWERS FROM CP Co TO REVISED,
STAMIRIS INTERROGATIES" On August 30, 1982 Ms Stamiris filed on Consumers Power Company (CPCo) 51 interrogatories and document requests, relating to her contentions and those of Mrs Sinclair. The Company objected to certain questions on i
grounds.that they inquired i'nto or requested documents on financing,
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collection, tax, or other purely rate-related subjects. The Company filed responses'to the balance of the interrogatories on September 20, 1982. An arrangement regarding document requests was made on October 4, 1982.
On September 30, 1982 Mrs Stamiris filed a document styled as a i
" Motion to Compel" responses. This document, in addition to making a number of factual allegations, apparently withdrew the questions objected to and submitted a number of additional ones.*
c While the process by which Mrs.Stamiris has " amended" her questions
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is technically in violation of the Rules of Procedure,* in the interest of expediting the proceedings, Applicant has no objection to voluntarily responding to these interrogatories as amended.
By agreeing to provide responses, however, we express no opinion as to the truth of the factual
- Ms Stamiris correctly notes that Mr Brunner gave her an additional day to file this " Motion."
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m allegations made by Mrs Stamiris in her " Motion".
Also, we disagree that the admitted contention on decommissioning costs requires a detailed comparison between Big Rock, Palisades and Midland. Thus, we reserve the right to object c
to inquiring into these topics, to the level of detail suggested by Mrs
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Stamiris, during the evidentiary presentations on this issue.
(We also note that our agreement to respond here does not extend to any further questions or i
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improper follow-up questions Mrs Stamiris may wish to file in the future.)
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The Applicant will provide responses within 15 days of the date of service of this document.
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One.of the Attorneys
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Jackson, MI 49201 t
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'82 g7 g CERTIFICATE OF SERVICE I hereby certify that copies of the attached Response To " Motion To th
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<l Answers From CP Co To Revised Stamiris Interrogatories" were sent by U S Mail, first class, postage prepaid, to the attached service list this 12th day of Octoser,' 1982.
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Jam o E Brunner a
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UNITED STATES OF A1 ERICA NUCLEAR REGULATORY C07.!:ISSION BEFORE ATCMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Charles Bechhoefer, Chairman Dr. Frederick P. Cowan Dr. Jerry Harbour
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Docket Nos.
50-329 OM In the Matter of
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50-330 GM CONSU:fERS P0k'ER COMPANY
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50-329 OL (Midland Plant, Units 1 and 2)
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50-330 OL
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August 14i 1982 CONSUMERS PO'RR COXPATl'S (CP CO) OBJRCTIO:iS TO CERTAIII UlTERP.OGATORIP.S A1ZD DOCUlmHT lb'100ESTS_0F INTET/EEOR USRBARA STAUIRIS CP Co objects to Questionc 6 through 11 and part of 18 under " Cost / Benefit:
Contention Ib and Ic" in "Stamiris' Interrogatories and Document Requests to Concu=ers Power Co.~pany,. August'30, 1982."
1.
CP Co objects to Question 6 because it is outside the scope of the conten-tion. The question inquires into the method of financing and collecting decocniscioning costs.
The contention, however, deals with the accuracy of the ctaff's $235 million decommissioning cost estimate, not with the method of I
financing those costs.
CP Co also objects to this question because financing cud collection are not environnental issues within the scope of the NRC's review. CP Co further objects to this question because is is a rate matter, l
within the jurisdiction of the Michigan Public Service Cocaission (HPSC) and not this IIcaring Board.
2.
CP Co objects to Question 7 on the same groundo as Qacction 6.
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3 CP Do objects to Question 8, because.the documents requested cover the same improper matter as Question 7.
4.
CP Co objects to Question 9 because the amount that CP Co expects to collect in decomissioning costs by the year 2000 is again a matter of.
financing and collection methods; which are not within the contention, which are a rate matter for the MPSC, and which are not environmental issues.
5.
Question 10 is again directed at collection of deco: missioning costs, and is objectionable on the saae grounds as the previous questions.
6.
CP Co objects to all parts of Question 11 because CP Co's federal tax cbligations for early collection are irrelevant to the adequacy of the staff's analysis in arriving at the $235 million figure and because they are not h
environmental costs within the scope of the Environmental Statement.
In cddition, the part about collection of tax expenditures from the rate-payers is objectionable because it is a rate catter to be determined solely by the HPSC and not this Hearing Board. Furthercore, the inquiries into the rate and,-
l tanner of taxation on early collections are questions of law and therefore 3
I improper for discovery.
7.
CP Co objects to that part of Question 18 dealing with " contingency cconomic plans... in terms of... related costs to ratepayers." Costs to ratepayers are not within the cost-benefit analysis of the Environ:nentini l
Statecent and are a matter for the MPSC and not this Hearing Board.
1 CP Co reserves the right to object to any or all other, interrogatories and to cny or all other document requests of Mrs Stamiris, f(EleuronnerbmT &
d' cc0982-2636b112 attorney for.Constancro Pover Co:::pany
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1 UNITED STATES OF AMERICA l
NUCLEAR REGULATORY C0rJfISSION BEFORE THE ATOHIC SAFETY AND LICENSING BOARD
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In the Hatter of:
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Docket Nos 50-329-OM CONSUMERS POWER COMPANY
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50-330-OH
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50-329-OL (Midland Plant ' Units I and 2)
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50-330-OL CERTIFICATE OF SERVICE
- 1. Janes E Brt5ner, one of the attorneys for Consumers Power Company, I
hereby certify that a copy of " Consumers Power Co:::pany's Objections to Certain Interrogatories and Document Requests of Interviewer Barbara Stamaris" was served upon all persons shown in the attached service list by deposit in the
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United States asil, first class, this 30th day of August,1982.
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James E. Brunner l
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SERVICE LIST l
Frank J.Kellsy, Esq Atomic Safety & Licensing Attorney General of the Appeal Panel Statecot Michigan IT S Nuclear Regulatory Cona Carole Steinberg, Esq Washington., D C 20555 Assistant Attorney General Environmental Protection Div Mr C R Stephens j
720 Law Building Chief, Docketing & Services.
Lansing, MI h8913 IT S Nuclear Regulatory Conn i
Office of the Secretary Myron M Cherry, Esq
' Washington, D C 20555 One IBM' Plaza-Ms Mary Sinclair Suite h501 1
j Chicago, IL 60611 5711 Summerset. Street Midland, MI h8640 Mr Wendell.E Marshall RFD.10 William D Paton., Esq Midland, Mr.h86h0
-Counsel for the NRC" Staff U S Nuclear Regulatory Ccz=n.
Charles Bechhoefer, Esq Washington, D C 20555 Atomic Safety & Licensing
. Board Panel
' Atomic ' Safety & Licensing U S Nuclear Regulator 7 Cczma Board Panel Washington,.D C 20555
'IT S Nuclear Regulatory Co=m Washington, D C'20551 Dr Frederick.P Ccvan-6152 Ir Verde Trail Barbara Stamiris Atp B-125 5795 North River-Road.
j Boca-Raton,. FL 33h33 Rt 3 Freeland, MI h8623 Jerry Earbour Atomic Safety & Licensing Bo'ard Panel Carroll 'E Mahaney U S Nuclear Regulatory Co=s Babcock & Wilcox Washington, D C 20555 PO Box 1260 i
i Lynchburg, Virginia 2h505 Lee L Bishop Harmon & Weiss James E Brunner, Esq 1725 "I" Street, NW #506
. Consumers Power Co=pany Washington, DC 20006
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l 212 West Michigan Avenue Jackson, MI h9201 M I Miller, Esq t
Isham,. Lincoln & Beale Mr D F Judd Three. National Plaza Babcock & Wilcox.
52nd Floor PO Box 1260 Chicago, IL 60603 Ignchburg, VA 2h505 John Demeester, Esq Steve Gadler, Esq Dov Chemical Bldg 2120 Carter Avenue Michigan Division St Paul, MN 55108 Midland, MI hS6h0
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