ML20052B868
| ML20052B868 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 05/03/1982 |
| From: | Wilcove M NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8205040086 | |
| Download: ML20052B868 (6) | |
Text
.
,/Q~g'/
,- s.
l.-
~ '
T*
UNITED STATES OF AMERICA
\\c1 f/
NUCLEAR REGULATORY COMMISSION vf.
)/
w ~.
BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
)
)
CONSUMERS POWER COMPANY
)
Docket Nos. 50-329
)
50-330 (Midland Plant, Units 1 and 2)
)
(Remand Proceeding)
NRC STAFF RESPONSE TO SAGINAW VALLEY'S MOTION TO TERMINATE ORAL ARGUMENT Michael N. Wilcove Counsel for NRC Staff Dated: May 3, 1982
~2
_u n._
s20so a oo*
0%
l]bC;}
?/!
I UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of CONSUMERS POWER COMPANY Docket Nos. 50-329 50-330 (Midland Plant, Units 1 and 2)
(RemandProceeding)
NRC STAFF RESPONSE TO SAGINAW VALLEY'S MOTION TO TERMINATE ORAL ARGUMENT Michael N. Wilcove Counsel for NRC Staff Dated: May 3, 1982 9
h 4
05/03/82 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of CONSUMERS POWER COMPANY Docket Nos. 50-329 50-330 (Midland Plant, Units 1 and 2)
)
(Remand Proceeding)
NRC STAFF RESPONSE TO SAGINAW VALLEY'S MOTION TO TERMINATE ORAL ARGUMENT I.
INTRODUCTION On April 22, 1982, Intervenor Saginaw Valley Nuclear Study Group (Saginaw Valley) moved to terminate the oral argument scheduled in this proceeding by the Appeal Board in its Order dated April 16, 1982.
Saginaw Valley essentially asserts that in light of the ample record already before the Appeal Board, any remaining questions can be more efficiently disposed of in writing.
The NRC Staff's response to Saginaw Valley's motion follows.
II. BACKGROUND On December 22, 1981, the presiding Atomic Safety and Licensing Board issued its Partial Initial Decision in this proceeding. Saginaw Valley filed its exceptions to the Partial Initial Decision on January 17, 1982 and its supporting brief on February 22, 1982. Briefs in opposition to Saginaw Valley's appeal were subsequently filed by Consumers Power Company, Dow Chemical Company, the Staff and by The Lawyers Connittee Steering Group of the Atomic Industrial Forum, Inc. as amicus. Thereafter, on April 16, 1982, the Atomic Safety and Licensing Appeal Board scheduled oral argument to be held on May 13, 1982.
?
J.
III. DISCUSSION Pursuant to 10 C.F.R. 62.763, a presiding tribunal in its discretion may allow oral argument either upon the request of a party or on its own initiative. Oral presentation provides an opportunity to both develop arguments and provide answers to questions with respect to those issues which the Appeal Board believes will be helpful to it in resolving the matter before it. Because of the extensive record in this case, as well as the very complete briefs which have been filed by the parties and an amicus curiae, oral argument may well not assume the importance in the present case as it might in others, and thus the Staff does not l
interpose an objection to the motion of Saginaw Valley to tenninate the oral argument. However, should the Appeal Board feel that the interchange between the Board and counsel provided by the oral argument
~'
would be helpful to its understanding and resolution of the issues presented, the Staff is, of course, prepared to proceed with oral argument on the date presently scheduled.
IV. CONCLUSION The Staff interposes no objection to cancellation of oral argument in the present case if such would not be of assistance to the Appeal Board in its deliberations.
Respectfully submitted, vM Michael N. Wilcove Counsel for NRC Staff Dated at Bethesda, Maryland this, 3rd day of May, 1982 i
l
I I
UNITED STATES OF AMERICA NUCLEAR REGULATORY C0tti!SSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of CONSUMERS POWER COMPANY Docket Nos. 50-329 50-330 (MidlandPlant, Units 1and2)
(RemandProceeding)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO SAGINAW VALLEY'S NOTION TO TERMINATE ORAL ARGUMENT" in the above-captioned proceeding have been served on the following by deposit 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 3rd day of May,1982:
- Christine N. Kohl, Chairman Dr. J. Venn Leeds, Jr.
Atomic Safety and Licensing Appeal Administrative Judge Board Panel Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission 10807 Atwell Washington, D.C.
20555 Houston, Texas 77096
- Dr. W. Reed Johnson
- Dr. Emmeth A. Luebke Atomic Safety and Licensing Appeal Administrative Judge Board Panel Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washington, D.C.
20555 Washington, D.C.
20555
- Gary J. Edles James E. Brunner, Esq.
Atomic Safety and Licensing Appeal Legal Department Board Panel Consumers Power Company U.S. Nuclear Regulatory Comission 212 West Michigan Avenue Washington, D.C.
20555 Jackson, Michigan 49201 l
- Marshall E. Miller, Esq.
Harold F. Reis, Esq.
Administrative Judge Robert Lowenstein, Esq.
Atomic Safety and Licensing Board Lowenstein, Newman, Reis and U.S. Nuclear Regulatory Comission Axelrad Washington, D.C.
20555 1025 Connecticut Avenue Washington, D.C.
20036 i
)
i,
Ms. Mary Sinclair Gerald Charnoff Esq.
5711 Sumerset Street Shaw, Pittman, Potts & Trowbridge Midland, Michigan 48640 1800 M Street, N.W.
Washington, D.C.
20036 Michael I. Miller,. Esq.
Ronald G. Zamarin, Esq'.
William C. Potter, Jr.
Martha E. Gibbs, Esq.
Fischer, Franklin, Ford, Simon Caryl A. Bartelman, Esq.
and Hogg Isham, Lincoln & Beale 1700 Guardian Building One First National Plaza Detroit, Michigan 48226 42nd Floor Chicago, Illinois 60603
- Atomic Safety & Licensing Board U.S. Nuclear Regulatory Comission Myron M. Cherry, p.c.
Washington, D.C.
20555 Peter Flynn, p.c.
Cherry & Flynn
- Atomic Safety & Licensing Appeal Three First National Plaza Board Suite 3700 U.S. Nuclear Regulatory Comission Chicago, Illinois 60602 Washington, D.C.
20555 T. J. Cresswell, Esq.
Michigan Division
- Docketing & Service Section Legal Department Office of the Secretary Dow Chemical Company U.S. Nuclear Regulatory Comission Midland, Michigan 48640 Washington, D.C.
20555 Barton Z. Cowan, Esq.
Chairman AIF Lawyers Comittee 42nd Floor, 600 Grant Street Pittsburgh, Pennsylvania 15219
%d Mq Michael N. Wilcove Counsel for NRC Staff 1
4 4