ML20063N196

Objections to Certain B Stamiris 820830 Interrogatories & Document Requests.Certificate of Svc Encl.Related Correspondence

ML20063N196
Person / Time
Site:	Midland
Issue date:	08/14/1982
From:	Brunner J CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.)
To:	Stamiris B STAMIRIS, B.
References
ISSUANCES-OL, ISSUANCES-OM, NUDOCS 8209200083
Download: ML20063N196 (4)

Text

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DOCKETED USHRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 2 SEP 16 PI:28 BEFORE ATOMIC SAFETY AND LICENSING BOARD

- OFFICE OF SECRE 00CKETING & SERVICE Before Administrative Judges: BRANCH Charles Bechhoefer, Chairman

~

Dr. Frederick P. Cowan Dr. Jerry Harbour r

-) Docket Nos. 50-329.0M In the Matter of ) 50-330 OM CONSUMERS POWER COMPANY ) 50-329 OL (Midland Plant, Units 1 and 2) ) 50-330 OL

) August 14, 1982 CONSUMERS POWER COMPANY'S (CP CO) OBJECTIONS TO CERTAIN INTERROGATORIES AND DOCUMENT REQUESTS OF INTERVENOR BARBARA STAMIRIS CP Co objects to Questions 6 through 11 and part of 18 under " Cost / Benefit:

Contention Ib and Ic" in "Stamiris' Interrogatories and Document Requests to Consumers Power Company,. August 30, 1982."

1. CP Co objects to Question 6 because it is outside the scope of the conten-tion. The question inquires into the method of financing and collecting decommissioning costs. The contention, however, deals with the accuracy of

, the staff's $235 million decomissioning cost estimate, not with the method.of financing those costs. CP Co also objects to this! question because financing and collection are not environmental issues within the scope of the NRC's e

review. CP Co further objects to this question because is is a rate matter,

. within the jurisdiction of the Michigan Public Service Comission (MPSC) and not this Hearing Board.

2. CP Co objects to Question 7 on the same grounds as Question 6.

8209200083 820814 PDR ADOCK 05000329 G PDR oc0982-2636b112 O

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3. CP Co objects to Question 8, because.the documents requested cover the same improper matter as Question 7.

4. CP Co objects to Question 9 because the amount that CP Co expects to collect in decommissioning costs by the year 2000 is again a matter of.

financing and collection methods; which are not within the contention, which are a rate matter for the MPSC, and which are not environmental issues.

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. 5. Question 10 is again directed at collection of decommissioning costs, and ,

is objectionable on the same grounds as the previous questions.

6. CP Co objects to all parts of Question 11 because CP Co's federal tax obligations for'early collection are irrelevant to the adequacy of the staff's analysis in arriving at the $235 million figure and because they are not environmental costs within the scope of the Environmental Statement. In addition, the part about collection of tax expenditures from the rate payers is objectionable because it is a rate matter to be determined solely by the l MPSC and not this Hearing Board. Furthermore, the inquiries into the rate.and manner of taxation on early collections are questions of law and therefore improper for discovery.

l 7. CP Co objects to that part of Question 18 dealing with " contingency l

l economic plans . . . in terms of . . . related costs to ratepayers." Costs to ratepayers ire not within the cost-benefit analysis of the Environmental

. Statement and are a matter for the MPSC and not this Hearing Board.

CP Co reserves the right to object to any or all other interrogatories and to any or all other document requests of Mrs Stamiris.

N es E Brunner oc0982-26,36b112 ttorney for Consumers Power Company

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I ff4P UNITED STATES OF AMERICA g NUCLEAR REGULATORY COMMISSION B ANC BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of: )

) Docket Nos 50-329.-0M CONSUMERS POWER COMPANY ) 50-330-0M

) 50-329-OL L (Midland Plant Units 1 and 2) )

50-330-OL CERTIFICATE OF SERVICE

( I, James E Brunner, one of the attorneys for Consumers Power Company, l

! hereby certify that a copy of " Consumers Power Company's Objections to Certain j Interrogatories and Document Requests of Interviewer Barbara Stamaris" was i served upon all persons shown in the attached service list by deposit in the United States mail', first class, this 30th. day of August, 1982.

l James E. Brunner 1

1 e

oc0982-2636a$12

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• SERVICE LIST Frank J Kelley, Esq Atomic Safety & Licensing Attc.ney General of the Appeal Panel State of Michigan U S Nuclear Regulatory Com Carole Steinberg, Esq Washington, D C 20555 Assistant Attorney General Environmental Protection Div dir C1R1Stephens7. )

720 Law Building YNief, Docketinig & Services Lansing, MI h8913 U S Nuclear Regulatory Com Office of the Secretary Myron M Cherry, Esq Washington, D C 20555 One IBM Plaza Suite 4501 Ms Mary Sinclair Chicago, IL 606 n 57H Summerset. Street

__- Midland, MI_h86h0- - - -

Mr Wendell H Marshall.

RFD 10 William D Paton, Esq ,

Midland, MI.h86h0 Counsel for the NRC Staff U S Nuclear Regulatory Com Charles Bechhoefer, Esq Washington, D C 20555 Atomic Safety & Licensing Board Panel Atomic Safety & Licensing U S Nuclear Regulatory Ccxum Board Panel '

Washington, D C 20555 U S' Nuclear Regulatory Comm Washington, D C 20555.

Dr Frederick P Cowan -

6152 N Verde Trail Barbara Stamiris Atp B-125 5795 North River Road Boca Raton, FL 33h33 Rt 3 Freeland, MI h8623 Admin Judge Ralph S Decker Route No k, Box 190D Jerry Harbour Cambridge, MA.21613 Atomic Safety & Licensing Board Panel Carroll E Mahaney U S Nuclear Regulatory Com Babcock & Wilcox Washington, D C 20555 PO Box 1260 Lynchburg, Virginia 2h505 Lee L Bishop Harmon'& Weiss James E Brunner, Esq 1725 "I" Street, NW #506 Consumers Power Company Washington, DC 20006 212 West Michigan Avenue Jackson, MI h9201 M I Miller, Esq Isham, Lincoln & Beale Mr D F Judd One First National Plaza Babcock & Wilcox Suite h200 PO Box 1260 Chicago, IL 60603 Iynchburg, VA 2h505 John Demeester, Esq Steve Gadler, Esq Dov Chemical Bldg 2120 Carter Avenue Michigan Division St Pcul, MN 55108 Midland, MI h86h0

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