ML20062D847

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Memorandum & Order Postponing Special Prehearing Conference, Previously Scheduled for 781115,until 781214 at Same Hr & Location
ML20062D847
Person / Time
Site: Midland
Issue date: 11/13/1978
From: Smith I
Atomic Safety and Licensing Board Panel
To:
References
ISSUANCES-OL, NUDOCS 7811300369
Download: ML20062D847 (3)


Text

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.3 UNITED STATES OF AMERICA 9 NOV151978 >

NUCLEAR REGULATORY C05D1ISSION e cagy, y Q N

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CONSUMERS POWER COMPANY

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Docket Nos. 50-329-O L

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50-330-O L (Midland Plant, Units 1 and 2)

MEMORANDUM AND ORDER

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The special prehearii; conference in this proceeding previously scheduled for November 15, 1978 in Midland, Michigan is postponed until December 14, 1978, at the same hour and place.

The postponement is upon the telephoned oral motion by Applicant's counsel who advised the Board on November 8, 1978 that lead counsel for Applicant has a conflicting commitment to appear in the U.S. District Court. Counsel also sdvised the Board today that none of the other parties oppose the postponement.

In granting the motion the Board also considered the fact that, on October 31, 1978, Intervenor Mary P. Sinclair filed 38 pages of supplemental contentions consisting of 56 contentions. Many of Mrs. Sinclair's contentions would raise very complex issues if accepted for adjudication.

The Board believes that the special prehearing conference

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. will be more productive if the parties have an opportunity to file in advance written answers to Mrs. Sinclair's con-tentions and answers co the additional contentions dated October 31 filed by Petitioner Wendell H. Marshall.

Therefore each party may set forth its position with respect to the respective supplemental contentions of Mrs. Sinclair and Mr. Marshall by answer served on or be-fore November 28, 1978. Please discu s the possible effect upon this proceeding of the Commission's Memorandum and Order of November 6, 1978 in the Midland construc tion permit proceeding.

The Board's memorandum and order of August 14, 1978 required the State of Michigan, represented by its Attorney General, to specify the subject matters on which he desires to participate on or before 15 days prior to the special pre-hearing conference. The Board has not received any communication from the Michigan Attorney General in response to its order. The Board and the parties are entitled to know whether the State of Michigan intends to participate in this proceeding and, if so, the subjec t ma tters of its proposed participation. Therefore, pursuant to the pro-visions of 10 CFR 92.715(c), the Board directs the State

-3, of Michigan to advise it on or before November 28, 1978 if it intends to participate and to specify the subject matters on which it desires to participate.

BY ORDER OF THE BOARD.

IDR THE NIOMIC SAFETY AND LICENSING BOARD

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'Ivan W. Smith, Chairman Dated at Bethesda, Maryland this 13th day of November, 1978.

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