ML20037A875

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Responds to Encl Expressing Concern Re Delay in CP Issuance.Notes Delays Re ECCS Effectiveness & NEPA Matters & Forwards Press Releases & Licensing of Power Reactors. W/O Encls.Refs 710621-0723 Evidentiary Hearing
ML20037A875
Person / Time
Site: Midland
Issue date: 10/12/1971
From: Morris P
US ATOMIC ENERGY COMMISSION (AEC)
To: Bennett R
MIDLAND COUNTY, MI
Shared Package
ML20037A876 List:
References
NUDOCS 8007170762
Download: ML20037A875 (3)


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OCT 13 B71 Docket Mos. 50-329

'and 50-330 4

Mr. R. J. Bennett, Chairms" Midland County Board of Commissioners THIS DOCUMENT CONTAINS E00R QUAUTY PAGES $j Midland, Michigan 48640

Dear Mr. Bennett:

a This is in response to your letters to the Frosident and the Chairman of the Atomic Energy Commission. You expressed concera because Consumers Power Company has act yet received a construction permit for the proposed Midland Nuclear Power Plant.

The enclosed booklet, " Licensing of Power Reactors," describca the steps that annet be taken to license a anclear power staties for cesstruction and operation. You will mote that page 8

' describes the hearing process for issummee of the construction permit.

Asyoumaybeaware[theevidentiaryhearinginthisproceedingbegan im Mid1==d on June 11, 1971, after several months of prer-hearing pro,

cedurea.

The hearing was in session en seventeen days between June 21 and July 23 and, during' this period, extensive oral and documentary evidence was received on several safety-related issues in the proceeding.

On July 23, when the hearing was recessed,'eartain matters were left for future consideration.

A The principal pending matters in the Midland proceeding appear to be the question of emergency eere cooling effectiveness and questions arising under the National Environmental Policy Aat of 1969 (NEPA).

For the ressens stated balew,lit is not possible at this time to proceed to completion with respect to these matters.

First, with respect to the issue of assergency core cooling system effectivenees. the r== mission om June 29 1971, published intarim aseeptmace critaria for emergency eore ec,oling systems.

As a result of the, implementation of these criteria, Comeumers Power Company (the applicant 11a the Midland proceeding), and several other appli-

casts for powerireseter'oemstrwetion permits, have been asked by the ABC-regulatory staff to submit additional information for staff re-view.

Byes eampletion of its revier, the staff will, if eyyropriate,

ef fer additiemal testimony in the Midland proceeding en the subject Lopy syt pp g

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.of the effectiv emeos'of the emergency core cooling system proposed te, be stilised 12 the' Midland plant.

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Mr. R. J. Bennett, Chairman 2-I i

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Second, with respect tc matters arising under NEPA, on September 9, 1971, the Commission published revised regulations implementing NEPA, which take into account a resent decision of the United States Court of Appeals for the District of Columbia Circuit in the ease of Calvert Cliff's Ceerdinating Committee et al. v. AEC et al., Nos. 24,839 and 24,871 (July 23, 1971).

These regulations apply to the proposed Midland plant.

In this preseeding as in others of the same type, the

' regulations require the submission of additional information by the applicant, a further NEPA review by tha AEC regulatory staff, and an independent review by the presiding Atomie Safety and Licensing Board.

It should be noted that the Co==f asion's NEPA regulations direct the presiding Board in a ease such as Midland ta proceed as expeditiously I

as possible with non-MIPA matters pending completion of the staff's

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NIFA environmental review.

We are emelesing, for your 'information, eopies of the Commission's statements announcing the adoption of the interim acceptance criteria for amargency eere neoling systems and the NEPA regulations disemased above.

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'Simeerely,

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Peter A. Morris, Director Division of Reactor Licensing Enclosures :

1.

" Licensing of Power Reactors" 2.

Press Releases 0-99, 0-134, and 0-156

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OFFICE OF THE CHAIRMAN l

(Date_).

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i REPLY FOR CHAIK4AN 'S SIGNATURE 4

l REPLY FOR SIGNATURE BY GM DR (Please send two copies of replies to significant communications to the Office of the Chairman)

DM FOR APPROPRIATE HANDLING FOR INFORMATION:

GM DR Commissioners REMARKS: (

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Julius H.

Rubin For the Chairman

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