ML20050A432
| ML20050A432 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 03/30/1982 |
| From: | Gallo J CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE |
| To: | |
| References | |
| ISSUANCES-OLA, NUDOCS 8204010286 | |
| Download: ML20050A432 (8) | |
Text
3/30/82 o
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UNITED STATES OF AMERICA T2 hR 30 P2:50 NUCLEAR REGULATORY COMMISSION ATOMIC. SAFETY AND LICENSING BOARD; In the Matter of
)
)
Docket No. 50-155-OLA CONSUMERS POWER COMPANY
)
(Spent Fuel Pool
)
Modificati co (Big Rock Point Nuclear Plant)
)
g sk CONSUMERS POWER COMPANY'S 2
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APPLICATION FOR HEARING SUBPOENA ' -
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Pursuant to 10 C.F.R.
S 2.720(a), Consum nfL, r Company
(" Licensee") hereby applies to the Licensing Board to issue the attached hearing subpoena to Captain William P.
Hickey, Jr., of the 180th Tactical Fighter Group, Ohio Air National Guard, commanding him to appear to give his testimony at the time and place indicated on the attached subpoena.
In support of this Application, Licensee states:
1.
The general relevance for obtaining hearing testimony and evidence from Captain Hickey and the Ohio Air National Guard was established by the Memorandum and Order on Summary Disposition issued by the Licensing Board on February 19, 1982.
In its Order, the Board expanded O'Neill Contention IID (which had originally raised the issue of a U.S. Air Force 950s s
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I 8204010286 820330 PDR ADOCK 05000155 C
. B-52 Bomber crashing at the Big Rock Point Plant) to include flyovers of the Plant by Ohio Air National Guard planes.
(Memorandum and Order at pp. 43-44).
Contention IID as expanded by the Board now includes genuine issues of fact concerning the safety of Big Rock Point and its expanded fuel pool from alleged hazards due to flyovers by U.S. military planes using the Bayshore Range, by planes of the Ohio Air National Guard, and by small unscheduled airplanes.
(Memo-randum and Order at p. 44).
2.
The incident which gave rise to expanded contention IID occurred on July 22, 1981, when three flyovers of the Plant occurred.
It was later determined by Licensee and confirmed by the U.S. Air Force Bayshore Tracking Site,-
that the aircraft involved were not Air Force planes.
The planes were later identified as belonging to the 180t'h Tacti-cal Fighter Group of the Ohio Air National Guard.
They were led by Captain Hickey of thb 180th Tactical Fighter Group which is headquartered at Toledo, Ohio, Express Airport.
3.
Since the occurrence of the three Ohio Air National Guard flyovers of Big Rock Point, Licensee has sought to establish means to avoid a reoccurrence of similar inci-i dents.
To this end, Licensee has conducted discussions with j
. the Ohio Air National Guard and Captain Hickey, in particular, aimed at resolving the flyover problem.
These discussions resulted in a December 29, 1981, memorandum from Captain Hickey to Mr. Kaz Campe of the NRC Staff stating the correc-tive action taken by the Ohio Air National Guard to redefine the Guard's military airspace boundaries around the Big Rock Point Plant.
The memorandum established a "No-Fly" area of two nautical miles in radius around the Big Rock Point Plant with a ceiling of 1,500 feet above ground level.
4.
Licensee has dealt with the Ohio Air National Guard on the flyover issue primarily through Captain Hickey.
Licensee therefore believes that Captain Hickey possesses the information and knowledge necessary for a full exploration of the flyover issue at the hearing scheduled to commence in this case on June 7, 1982.
The proposed subpoena would require Captain Hickey to appear at the hearings to discuss and clarify the circumstances of the July 22 flyover, the meaning of the Ohio Air National Guard no-fly limitation, and the measures that have been and will be taken to implement and enforce the self-imposed flight limit..
Captain Hickey's testimony is essential to ens tre adequate resolution of the safety issues raised by the expanded O'Neill Contention IID.
. 5.
Counsel for the Licensee has been advised that Ohio Air National Guard only provides witnesses in the present circumstances upon the issuance of subpoenas.
However, a legal representative of the Ohio Air National Guard has indicated that it will cooperate in this matter upon the issuance of a subpoena.
This Board is authorized to issue a hearing subpoena directed to third parties.
Cf: Pacific Gas and Electric Co. (Stanislaus Nuclear Project, Unit 1), ALAB-550, 9 NRC 683 (1979).
This would include members of the Ohio Air National Guard.
6.
To date, the Licensing Board has not designated the exact location of the spent fuel pool modification hearing which Licensee believes is likely to be held in Petosky, Michigan.
Licensee's counsel will notify the Ohio Air Na-tional Guard and Captain Hickey of the hearing location in a timely fashion, once the Board issues its order designating the hearing site.
Appropriate witness fees will be paid, in accordance with 10 C.F.R.
S 2.720, at the time of service.
Mileage fees and travel expenses will be provided upon issu-ance of the Board order designating the exact location of the hearing.
Isham, Lincoln and Beale will serve the requested subpoena, once issued.
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't
~ WHEREFORE, Licensee respectfully requests that its
" Application for Hearing Subpoena" be granted and that the Board issue the attached hearing subpoena to Captain William P. Hickey, Jr., of the Ohio Air National Guard.
Respectfully submitted, 2
Jogh gam.o,' Esquire One of the Attorneys for i
Consumers Power Company ISHAM, LINCOLN & BEALE Suite 840 1120 Connecticut Avenue,-N.W.
Washington, D.C.
20036 (202) 833-9730 Dated: March 30, 1982 i
1 Uni 2eh Eates d Amerita 1
1 NUCLEAR REGULATORY C0515f1SSION l
t i
In the rnatter of:
CONSUMERS POWER COMPANY (Big Rock Point Plant)
>. DOCKET NO. 50-155-OLA (Spent Fuel Pool Modification)
TO Captain William P.
Hickey, Jr.
Air Space Manager 180th Tactical Fighter Group Ohio Air National Guard Toledo Express Airport Swanton, Ohio 43558 YOU ARE HEREBY COhi31ANDED to appear. A.t..A... place...to..he...de,Signated k.Y...a..sup s,egu,en,t,,,9,r,de,r,,,g f,,,th,e,,,A,t,g,mi,c,,,S,a,f e,ty,,,a,nd.,L,ic e,n s ing,, B,g,a,rd.
in th e ci ty o f.P.9.t.9 M.k,y,,,,, M,i c,h,i,g,a,n,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
o n the... 9..th........ day o f....J.MU e...................19. 8,,2......a t.... 9.;.0.0........ 0'clo ek A. 31.
to tes tify o n behalf o f.....C.QD#.MW.e.E S...P,gw,e,E,,9,qng,a,0y,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,;,,,,,,_,
In the above entitled action and bring with you the document (s) or object (s) described in the attached schedule.
BY ORDER OF THE ATOMIC SAFETY AND LICENSING BOARD BY Consumers ATTORNEY FOR
,39,,,,,,,,,,,,,
Power Comnanv
.Tnnonh Gallo. Escuire T<.knm ri nc.ni n x nnnin TEL.EPHONE ( 2 02 ) 833-9730 10 C.F.R. 2.720 (f}
pres 1 dint articar or. if he is unvaiiante. the On motion made promptly, and in any ownt Commisaan may (1) quash or modify the sub-et or before the time specified 'n the ashpoena poena if it is unreasonable or requires evidence for compliance by the person to whom the sub-not relevant to any matter in issue, or (:) con-90 ens is directed, and on notice to the party at dinon denial of the motion on just and reasonable
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
) Docket No. 50-155-OLA CONSUMERS POWER COMPANY
) (Spent Fuel Pool
)
Modification)
'(Big Rock Point Nuclear Power Plant)
)
CERTIFICATE OF SERVICE I hereby certify that copies of CONSUMERS POWER COMPANY'S APPLICATION FOR HEARING SUBPOENA were hand-delivered to Judge Bloch, Judge Paris, Judge Shon, Herbert Semmel, and Janice Moore, and were served on the other persons listed below by deposit in the United States mail, first-class postage prepaid, this 30th day of March, 1982.
Peter B.
Bloch, Esquire Atomic Safety and Licensing Administrative Judge Board Panel Atomic Safety and Licensing U.
S. Nuclear Regulatory Board Panel Commission U.
S. Nuclear Regulatory Washington, D.
C.
20555 Commission Washington, D. C.
20555 Atomic Safety and Licensing Appeal Board Panel Dr. Oscar H.
Paris U.
S. Nuclear Regulatory Administrative Judge Commission Atomic Safety and Licensing Washington, D.
C.
20555 Board Panel U.
S. Nuclear Regulatory Docketing and Service Section Commission Office of the Secretary Washington, D. C.
20555 U.
S. Nuclear Regulatory Commission Mr. Frederick J.
Shon Washington, D.C.
20555 Administrative Judge Atomic Safety and Licensing Board Panel U.
S.
Nuclear Regulatory Commission Washington, D.
C.
20555 1
s
. i Janice E.
Moore, Esquire Judd Bacon, Esquire Counsel for NRC Staff Consumers Power Company U.
S.
Nuclear Regulatory 212 West Michigan Avenue Commission Jackson, Michigan 49201 Washington, D.
C.
20555 Ms. Christa-Maria Herbert Semmel, Esquire Route 2, Box 108C Urban Law Institute Charlevoix, Michigan 49720 Antioch School of Law 2633 16th Street, N.W.
Ms. JoAnne Bier Washington, D.
C.
20555 204 Clinton Charlevoix, Michigan 49720 Mr. John O'Neill, II Route 2, Box 44 Mr. James Mills Maple City, Michigan 49664 Route 2, Box 108 Charlevoix, Michigan 49720 t
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