ML20062F413

Intervenors & Applicant CPC Rept That Prospect for Settlement of Issues Contested in Proceedings Re Subj Facils Is Excellent.An Understanding Has Been Reached in All But 2 Areas.Cert of Svc Encl

ML20062F413
Person / Time
Site:	Midland
Issue date:	12/06/1978
From:	Jablon R, Ross W, Watson K SPIEGEL & MCDIARMID, WALD, HARKRADER & ROSS
To:
References
NUDOCS 7812180246
Download: ML20062F413 (4)

Text

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• .6 co 2a tne Matter of Docket Nos. 50-329A and 50,,330A CONSUMERS POWER CuhPANY (Mialand Units 1 & 2)

MEMORANDUM TO THE BOARD FROM CONSUMERS POWER AND INTERVENORS REGARDING SETTLEMENT NEGOTIATIONS

/ As the Board is aware, representatives of Consumers f Power Company (" Consumers Power") have been seeking to resolve, tnrough settlement negotiations, the issues contested by them in the above-captioned proceeding. The settlement envisioned oy the parties would not only relate to antitrust conditions appropriate for the Midland licenses but would resolve all antitrust issues between the parties and thus obviate the need for any appellate proceedings in this case.

Tne Intervenors and Consumers Power are pleased to report that substantial progress has been made since the last status conference and that the prospects for settlement now appear excellent. This progress has been the result of many settlement meetings involving, in various combinations, coun-sel, engineering consultants and the principals themselves.

Tnese meetings transpired on the following dates: Septemoer 19 (Detroit, Mich); Septemoer 20-29 (Jackson, Mich);

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4 Uctooer b (Jackson, Mich); Octooer 9 (Washington, D.C.);

October 19-20 (Jackson, Mich); October 23-24 (Grand Rapids, Mich); November 6 (Jackson, Mich); November 13-14 (Jackson, Mich); November 21 (Grand Rapids, Mich); and November 29 e

(Lansing, Micn).

Specifically, an understanding has been reached by the negotiating representatives of tne parties.with respect to all but two areas which have been the subject of these discus _

Al sions. As for the two subject areas, substantial agreement s'[ has oeen reached and the parties are now reducing the agreed f principles to contractual forms of some complexity. The subject areas of tnese contracts are participation arrangements by the

, intervenors in the Mialand and Campbell units and related trans-mission investment arrangments. Once thse contract forms have been negotiated, they will be incorporated into a settlement agreement which is subject to approval oy each of the parties

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represented in the negotiations.

In order to assure an expeditious .and successful con-

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(~ clusion to thses settlement discussions, negotiators for Con-sumers Power and the Intervenors have agreed to use their best 1/ The negotiator representing one municipal system has given his concurrence to this understanding upon expecta-tion that additional bulk power suppy issues applicable

• to that system can be resolved.

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ettorts to secure approval of the settleinent by their respec-tive governing bodies no later than Feuruary 14, 1979. In 4

. auu i t iori , tiie parties nave agreed upon a negotiation schedule so tnat February 14 da te can be tact . A copy of this schedule 18 attached.

In these circumstance' we respectfully request the board to consider whettier auditional status conferences should ue seneduled prior to Feuruary 14. In our view, they are not necessary. Or course, at any tisce prier to February 14, i f the 6;( , teruspects tor settlement diminish or if the negotiation schedule

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is signiticantly delayed, the undersigned would prosuptly.so advise the Board.

Respect tully sublaitted ,

.. . .ia tield Ross j wm.

Keith S. Watson Wald, Harkrader & Ross 1320 Nineteeth Street, N.W.

Wasnington, D.C. 20036 l,

At torneys for Consuiners Power Company l

h Rouert A.4 J ablon -

Spiegel & Meuiarruid 2600 Virginia Avenue 3

Washington, D.C. 20037 J

nttorney for the Cities of I

Coldwater, Grand llaven , Holland ,

j Traverse City, and Zeeland, the Northerai Michigan Electric i

Cooperative, Inc., niolverine electric Cooperative, and the Micnigan Municipal Electric Association oated: becember 6,  ;

l'70

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ui41Ybu STnYCS OF AHURICA t40CLEng REGULaTURY CotD1ISSIOd In the- Nat ter of )

) Docket 140s. SU-329A CutSUrCRb POW t.H CUMPAin ) SU-330A teiiuland Plant, Units 1 and 2) )

.C E RT.I F I C. AT..E. .O..F..S..E..RVI C. E. .

i nereby certify that copies of the Memorandum to tne ,

Board t ro;is Colisuiners Power and Intervenors Regarding Set tleuent -

aeyotiations, dated Deceiacer 6, 1978, in the captioned spatter, inave ueen served upon the tollowing by deposit in_the_ United States mail, first class, this oth day of Decesaber, 1978.

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h nian b. Rosentnal, Chairuan Seth R. Durwell, Esq.

J ntontic datety and Licensing. Burwell & Snrank appeal doard 1020 Washington Square Biog.

o.S. Nuclear Regulatory Commission Lansing, Michigan 48933 washington, D.C. 20S$5 Joseph Rutberg,-Esq.

clienael C. Farrar natitrust Counsel for Nuclear Atoiaic datety and Licensing- Regulatory Coramission Staf f appeal board nuclear Regulatory Commission U.s. Nuclear Regulatory Commission Washington, D.C. 20545 Wasnington, D.C. 20S5b The lionorable- Frank Kelly .

Richara d. Falzman attorney General atouie Satety ana Licensing State-of Michigan nppeal boaru Lansing, Michigan 48913-( U.d. uuelear Regulatory Comuission Washington, D.C. 20$55

,%. Chase R. Stephens,. Chief

(. Docke ting & -_ Service ! Branch tiugh K. Clark, Usq. _Otfice 'of the Secretary -

ntouic batuty and Licensing boatu Nuclear Regulatory Commission '

P.O. oox Iz7A Washingtori, D.C. - 205S5 Kennedysville, Maryland .!1945 '

br. J. V. Leeds , J r.

P.O. Box 941 tlouston, Texas 77001 hey,.U4&

• Keith S. Watson i

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