ML20064H295

Corrects Factual Error in 781128 Consumers Pwr Co Brief. Steam Rate May or May Not Be Subj to Jurisdiction of Mi Pub Svc Comm

ML20064H295
Person / Time
Site:	Midland
Issue date:	11/29/1978
From:	Gibbs M ISHAM, LINCOLN & BEALE
To:	Cowan F, Kornblith L, Smith I AFFILIATION NOT ASSIGNED, Atomic Safety and Licensing Board Panel
References
NUDOCS 7812180383
Download: ML20064H295 (1)

Text

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\ WA SMINGTON,0. C. 2C Q36 h, November 29, 1978 aca..w.no Ivan W. Smith, Esq Mr. Lester Kornblith, Jr.

Atomic Safety and Licensing Board Atomic Safety and Licensing ~ Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory' Commission .

Washington, D.C. 20555 Washington, D.C. 20555

Dr. Frederick P. Cowan '

6152 N. Verde Trail  :.

Apt. B-125 Boca Raton, Florida 33433 (f

Re: Consumers Power Company (Midland Plant, Units 1 and 2)

Docket Nos. 50-329, 50-330 Gentlemen:

Pursuant to this Atomic Safety and Licensing Board's Order of November 13, 1978, Consumers Power Company filed a brief on November 28, 1978, which addressed matters related to the supplemental contentions of Ms.

Mary P. Sinclair and Mr. Wendell H. Marshall, and one other question posed by the Licensing Board's Order. Soon after the brief was mailed, it was discovered that it inadvertently contains a factual error which relates to the steam and electric rates under the contracts between Consumers Power and The Dow Chemical Company. The error appears in the r response to contention 9 at page 16, the response to contention 11 at k pages 18-19, and the response to contention 15 at page 21. This letter is intended to correct the statements relating to steam and electric rates which appear at those pages.

With respect to the electric rate, Dow will be charged for electricity at a generally available rate approved by the Michigan Public Service Commission. However, contrary to what is stated in the brief, the steam rate itself may or may not be subject to the jurisdiction of the Michigan Public Service Commission. Nevertheless, the steam rate will be subject to MPSC scrutiny to ensure that that rate does not favor Dow at the expense of Consumers Power's electric customers. That being the case, the conclusions stated in the brief regarding the question of rates remain valid.

Very truly yours, 1 MEG bc M

Martha E. Gibbs b

One of the Attorneys for

\ cc: Service List Consumers Power Company 7812130383