ML20041C077
| ML20041C077 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 02/22/1982 |
| From: | Gallo J CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE |
| To: | Bloch P, Paris O, Shon F Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OLA, NUDOCS 8202260133 | |
| Download: ML20041C077 (4) | |
Text
ISHAM, UNCOLN & BEALE ComETEr COut4SELORS AT LAW O!y 1120 CONNECTICUT AVENUE. N.W.. SulTE 840 g%
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Peter B. B1 re Dr. Oscar H. Paris Administrative Judge Administrative Judge Atomic Safety and Licensing
' Atomic Safety and Licensing Board Panel Board Panel U.
S. Nuclear Regulatory U.
S. Nuclear Regulatory Commission Commission Washington, D. C.
20555 Washington, D. C.
20555 Mr. Frederick J. Shon Administrative Judge Atomic Safety and Licensing Board Panel U.
S. Nuclear Regulatory Commission Washington, D. C.
20555 RE:
In the. Matter of Consumers Power Company (Big Rock Point Nuclear Power Plant), Docket No.
50-155-OLA (Spent Fuel Pool Modification)
Gentlemen:
Consistent with Consumer Power Company's ("Licen-see") policy of full disclosure, I am enclosing a letter, dated February 8, 1982, from Mr. James R. Murray to Mr. Fred Buckman, Licensee's Executive Director of Nuclear Activities.
Mr. Murray is Chief, Airspace and Procedures Branch of the Federal Aviation Administration ("FAA").
The FAA letter is relevant to the Licensing Board's consideration of the pending motion to expand the scope of and participation in O'Neill' Contention IID.
Specifically, the FAA has rejected Licensee's request to designate the Ohio Air National Guard "no fly" area as a restricted area for commer-cial and private aviation.
The reasons for the FAA's decision are set forth in the attached letter, and they will not be 6
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8202260133 820222
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PDR ADOCK 05000155 G
a-1 Peter B. Bloch, Esquire Dr. Oscar H.' Paris Mr. Frederick J.
Shon-February 22, 1982 Page 2 l
rehearsed here.
However, it is interesting'to note the FAA's belief that the action taken by the Ohio Air National Guard should eliminate any concern of future flights.
I Sincerely, O-2,)
/
I oseph Gallo One of the Attorneys for Consumers Power Company JG/pm f
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y Great Lakes Region 2300 East Devon Avenue
. liiDepartment Des Plaines.lilinois 60018 emp;g Federal Aviation Administrohon FEB 8 1992 Consumers Power Company 1945 West Parnall Road Jackson, Michigan 49201 Attention: Mr. Frederick W. Buckman l
i j'
Dear Mr. Buckman:
l This is in reply to your letter dated January 29, 1982, requesting special use airspace designation in the area of the Big Rock Point Nuclear Plant
' located near Charlevoix, Michigan, as a result of an agreement between Consumers Power Company and the Ohio Air National Guard regarding military.
aeronautical operations in the vicinity of the plant.
Specifically, it was requested that "the 'no fly' area be indicated by an appropriate special I
l use airspace designation such as ' prohibited' or ' restricted' area on applicable VFR and IFR planning charts."
The Federal Aviation Administration designates Restricted Areas when it is determined necessary to confine or segregate activities considered to be hazardous to non-participating aircraft.
Participating aircraft are permitted within the area.
Prohibited Areas are designated only for. se-curity or other reasons associated with the national welfare.
Neither of these designated areas would be applicable to the operation of the' nuclear plant.
Our authority involves airmen and aircraft, and we must first determine if
-the situation poses any danger to air navigation. - In this instance, we would have no reason to take any action to establish flight restrictions or to even recommend procedures, which would cause aircraft to avoid the nuclear site because the plant itself does not create any hazard to the safe operation of aircraft through the navigable airspace.
Further, we believe that highlighting the plant site on charts would attract rather th'an deter operations in the vicinity due to VFR sightseers and would actually magnify your concerns.
We do not believe that any prob 1cm or threat to the plant exists involving civil aviation.
Further, it is our opinion that the concessions made and consideration shown by the military should eliminate the source of your-
e-M et concern and resolve the issue.
Therefore, while we appreciate your concern for safety, in this case we cannot honor your request for the designation of special use airspace. We will, however, send a copy of this' 1etter to the Air Force representative for the Great Lakes Region to alert that office of your concerns for whatever action they deem appropriate.
Please advise if you have any questions or if we can be of any future service.
Sincerely, Mb ames R. Murray Chief, Airspace and Procedures Branch 4
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