ML20052H460

Appeals 820505 Memorandum & Order ALAB-674.Future OL Proceedings Should Include Discussion of Electromagnetic Problem

ML20052H460
Person / Time
Site:	Midland
Issue date:	05/15/1982
From:	Marshall W AFFILIATION NOT ASSIGNED
To:	Buck J, Kohl C, Moore T NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
ALAB-674, ISSUANCES-OL, ISSUANCES-OM, NUDOCS 8205210083
Download: ML20052H460 (1)

Text

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> =. a Wendell H. Marshal RFD 10 Midland, MI 416r24og 19 NO:49 ,

fhb ! G, May 15, 1982 M DO$ MET NUI.iDER - " --~%

Atomic Safety & Licensing Appeal Board U.S. Nuclear Regulatory Commission PROD. & UTIL FAC. , . .kkdA 30 330 04(g/f Washington, D.C. 20555 ATTN: Administrative Judges,

, Christine N. Kohl, Chairman Dr. John H. Buck Thomas S. Moore RE: The matter of Consumers Power Company Midland Plant Units 1 & 2 Dockets #50-329 OM, OL Dockets #50-330 OM, OL This is appeal from a Memorandum and Order dated May 5, 1982 (ALAB-674)

We believe that the remedy we have requested the board has authorized because the NRC staff has, as always, the statutory responsibility to protect the public health and safety and certainly to protect the public interest, this, in spite of 10-C.F.n. 50-13. '

When the public hecith and safety is involved then it becomes inherent for the Nuclear Regulatory Commission to take the action necessary to carry out its congressional mandated duties.

We, therefore, file this petition that the future 0.L. proceedings be increased to include the Electro Magnetic Problem. On December 6, 1979, the office of URR and INS and ENF issued an order modify-ing the Midland construction permits. Based on this we contend

& modification to a construction contract that is within the control of ASLB (10 C.F.R. 2.760A) - in fact, ASLB could admit the Electro Magnetic issue is a contention of this Intervener and we therefore petition.

Yours truly, '

/ I I e ell H. Marshall L

u RDF 10 Midland, MI 48640 ngg$

y 8205210083 820515 I M WHM/lk PDR ADOCK 05000329 l G PDR cc: William D. Patton, Esq.

Michael Wilcove, Esq.