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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20070E4671991-02-26026 February 1991 Comment Opposing Petition for Rulemaking PRM-73-9 Re Upgrading Design Basis Threat for Radiological Sabotage of Nuclear Reactors.Recommends That NRC Deny Petition to Increase Design Basis Threat for Security ML20207C1331986-12-18018 December 1986 Order Terminating CPPR-81 & CPPR-82,per Util 860711 Motion to Withdraw Applications for OLs ML20215E7301986-12-17017 December 1986 Memorandum & Order Authorizing Withdrawal of OL Application & Dismissing OL Proceeding,Per Applicant 860711 Motion. Served on 861218 ML20215B2071986-12-11011 December 1986 Responds to Questions Posed in ASLBP 861203 Memorandum & Order Re Conversion to gas-fired Facility.Imposition of Conditions on Withdrawal of OL Application Unnecessary. Certificate of Svc & Svc List Encl ML20211L6391986-12-11011 December 1986 Affidavit of Gb Staley Re Preparation of Answers to Board 861203 Questions on Termination of OL Proceeding. Certificate of Svc Encl ML20211L6181986-12-11011 December 1986 Response to Board 861203 Questions Re Util Request to Terminate OL Proceeding ML20214Q4431986-12-0303 December 1986 Memorandum & Order Granting Motion to Expedite Completion of Withdrawal Proceedings & Posing Questions to Parties.Served on 861204 ML20214G7941986-11-24024 November 1986 Motion to Expedite Completion of Withdrawal of Licensee OL Application & Terminate Pending OL & CP Mod Proceedings. Certificate of Svc Encl ML20214T7361986-09-26026 September 1986 Memorandum & Order Dismissing OM Proceeding as Moot & Deferring Action on Applicant Motion for Authorization to Withdraw OL Application Pending NRC Preparation of Environ Assessment.Served on 860929 ML20212M7661986-08-25025 August 1986 Response to Util 860711 Motion for Authorization to Withdraw OL Application & for Dismissal of OL & Order of Mod Proceedings.Board Should Hold Motion in Abeyance Pending NRC Review of Stabilization Plan.Certificate of Svc Encl ML20206M8171986-08-15015 August 1986 Response to ASLB 860716 Order Requesting Responses Re Termination of OM Proceeding.Termination of OL Proceeding & Withdrawal of OL Application Requested.Om Proceeding Should Be Considered Moot.Certificate of Svc Encl ML20212B0311986-08-0101 August 1986 Memorandum & Order Withdrawing Retention of Jurisdiction Over Radon Issue Presented in Facility CP Proceeding & Vacating ASLB Partial Initial Decision on Remedial Soils in Consolidated CP Mod & OL Proceeding.Served on 860801 ML20212B0521986-07-31031 July 1986 Order Extending Time Until 860815 for Util & Other Parties to Respond to Questions Posed by 860716 ASLB Order.Time Extended Until 860825 for NRC Response to ASLB Questions & Util Motion.Served on 860801 ML20203F8791986-07-28028 July 1986 Response Supporting Util 860711 Motion for Termination of Appeal Board Jurisdiction Over Proceeding.Certificate of Svc Encl ML20207H6871986-07-22022 July 1986 Motion for Extension Until 860815 to File Responses to Four Questions Re Util Motion to Dismiss OL & OM Proceedings. Certificate of Svc Encl ML20207E2851986-07-16016 July 1986 Order Presenting Questions in Response to Util 860711 Motion to Dismiss OL Proceeding & to Terminate Order of Mod Proceeding.Served on 860717 ML20202G1621986-07-11011 July 1986 Notice of Change of Address for Washington Ofc of Isham, Lincoln & Beale,Attys for Util.Certificate of Svc Encl ML20202G0121986-07-11011 July 1986 Motion for Authorization to Withdraw OL Application & Dismissal of OL & Order of Mod Proceedings ML20202G1201986-07-11011 July 1986 Motion for Termination of Aslab Jurisdiction to Facilitate Termination of Cps,Withdrawal of OL Application & Dismissal of Consolidated OM-OL Proceeding ML20202G0491986-07-10010 July 1986 Affidavit of JW Cook Re Conversion of Plant Into combined- cycle,gas-fired Power Plant.Plant Never Operable as Nuclear facility.Nuclear-related Equipment Will Be Sold ML20202G0281986-07-0808 July 1986 Affidavit of Ta Mcnish Re True & Correct Extracts of 860408 & 0618 Minutes of Meetings.Resolutions Recited Therein in Full Force & Effect ML20198J3861986-05-27027 May 1986 Notice of ASLB Reconstitution.C Bechoefer,Chairman & J Harbour & Ga Linenberger,Members.Served on 860529 ML20198J4651986-05-27027 May 1986 Notice of ASLB Reconstitution.C Bechhoefer,Chairman & J Harbour & Ga Linenberger,Members.Served on 860529 ML20137E0041985-11-21021 November 1985 Notice of Appearance in Proceeding ML20137D9651985-11-21021 November 1985 Notice of Withdrawal of Appearance in Proceeding.Certificate of Svc Encl ML20133F6421985-10-0909 October 1985 Notice of Withdrawal of Appearance in Proceeding.Certificate of Svc Encl ML20134N3771985-08-30030 August 1985 Notice of Withdrawal of Appearance in Proceeding.Certificate of Svc Encl DD-84-17, Order Affirming 840724 Director'S Decision DD-84-17 Denying Bp Garde 10CFR2.206 Petition for Action Against Util Re Plant Const.Const Abandoned on 840910.No Further Enforcement Action Required.Served on 8506241985-06-24024 June 1985 Order Affirming 840724 Director'S Decision DD-84-17 Denying Bp Garde 10CFR2.206 Petition for Action Against Util Re Plant Const.Const Abandoned on 840910.No Further Enforcement Action Required.Served on 850624 ML20127N7591985-06-20020 June 1985 Transcript of Commission 850620 Affirmation/Discussion & Vote in Washington,Dc Concerning Denial of 2.206 Petition for Midland plant,SECY-85-60 Concerning Pressurized Thermal Shock Rule & Shoreham Order.Pp 1-4 ML20133D9481985-05-13013 May 1985 Response to Aslab 850423 Order.Aslab Should Cancel OL Application & CPs Because Compliance W/Nrc Basic Requirements Not Met ML20116G5181985-04-29029 April 1985 Response to Memorandum of City & County of Midland,Mi Re ASLB 850405 & 0313 Orders on CP Mod Proceedings.Bechtel Should Not Be Granted Admission to Proceedings ML20115J5551985-04-19019 April 1985 City & County of Midland,State of Mi Response to Aslab 850313 Order to File Memoranda Re Whether Aslab Should Vacate ASLB Decision Re Certain Mods to CP Due to Mootness. Proof of Svc Encl ML20115J4751985-04-19019 April 1985 Memorandum in Response to Aslab 850405 Order Re Dismissal of OL Application.Application Neither Abandoned Nor Delayed in Dilutory Manner.Certificate of Svc Encl ML20115J5501985-04-19019 April 1985 Response Opposing Aslab 850405 Memorandum & Order Re Dismissal of OL Applications.Urges Board to Permit OL Applications to Continue in Suspension Until Applicant Affirmatively Resolves Disposition ML20116G5321985-04-19019 April 1985 Motion to Participate as Amicus Curiae in Resolution of Issue to Involuntary Dismissal of License Application,Per Aslab 850405 Memorandum & Order.Granted for Aslab on 850422. Served on 850429 ML20115J4351985-04-19019 April 1985 Motion for Leave to Participate as Amicus Curiae,Per Aslab 850313 & 0405 Memoranda & Orders Requesting Response to Questions Re Proceeding ML20115J5461985-04-19019 April 1985 Motion to Participate Amici Curiae in Resolution of Issue of Involuntary Dismissal of License Application as Identified in Aslab 850405 Memorandum & Order ML20115J5421985-04-19019 April 1985 City & County of Midland,State of Mi Motion for Leave to Participate as Amicus Curiae in Aslab Request for Responses to Questions Presented in 850313 & 0405 Memoranda Orders. Proof of Svc Encl ML20112J5281985-04-0101 April 1985 Memorandum in Response to Aslab 850313 Order LBP-85-2. Decision Should Not Be Vacated.Ol Should Be Dismissed.Based on Listed Changes,New OL Review Required ML20112J6301985-04-0101 April 1985 Memorandum Requesting Aslab Not Take Any Action to Vacate LBP-85-2 or Dismiss OL Applications,Per 850313 Order,Based on Current Intent to Hold CPs & Attempt to Sell Plant. Certificate of Svc Encl ML20112H0981985-03-27027 March 1985 Response to Aslab 840313 Order Re Whether ASLB Decision to Review Issues in Soils Hearing Appropriate Use of Public Resources.Concurs W/Decision to Remand OL W/Instructions to Dismiss OL Application for Failure to Pursue Soils Issue ML20106F6531985-02-0808 February 1985 Response Opposing Intervenor B Stamiris 841224 Motion for Evidentiary Hearings Re Litigation Between Applicant & Dow Chemical Co.Supporting Documentation & Certificate of Svc Encl ML20106D6631985-02-0808 February 1985 Response Opposing B Stamiris 841224 Pleading Requesting Evidentiary Hearing on Matter Raised in applicant-Dow Chemical Trial & Referral of Certain Matters to Ofc of Investigations.Certificate of Svc Encl ML20101S9111985-02-0101 February 1985 Motion for Extension of Time within Which to File Notice of Appeal of ASLB 850123 Partial Initial Decision.Certificate of Svc Encl ML20101S9421985-02-0101 February 1985 Motion for Extension Until 850306 to File Notice of Appeal of ASLB 850123 Partial Initial Decision.Granted by Aslab on 850201 ML20101F3191984-12-24024 December 1984 Request for Evidentiary Hearings on Matter Raised in CPC-Dow Trial & Referral of Certain Matters to Ofc of Investigations.Certificate of Svc Encl ML20107K8011984-11-0101 November 1984 Affidavit of Jd Selby Re Plans Concerning Facilities.Const Will Be Resumed Only If Proposed by Appropriate Governmental Agencies & Officials & If Funds from Some Other Source Become Available.Related Correspondence ML20106F5241984-10-24024 October 1984 Motion to Request ASLB to Cancel Const License & Application for OL ML20092J0241984-06-22022 June 1984 Reply to B Stamiris Second Supplemental Proposed Findings of Fact & Conclusions of Law on QA & Mgt Attitude Issues. Certificate of Svc Encl ML20092J0361984-06-22022 June 1984 Reply to NRC Further Supplemental Findings of Fact & Conclusions of Law Re QA 1991-02-26
[Table view] Category:PLEADINGS
MONTHYEARML20215B2071986-12-11011 December 1986 Responds to Questions Posed in ASLBP 861203 Memorandum & Order Re Conversion to gas-fired Facility.Imposition of Conditions on Withdrawal of OL Application Unnecessary. Certificate of Svc & Svc List Encl ML20214G7941986-11-24024 November 1986 Motion to Expedite Completion of Withdrawal of Licensee OL Application & Terminate Pending OL & CP Mod Proceedings. Certificate of Svc Encl ML20212M7661986-08-25025 August 1986 Response to Util 860711 Motion for Authorization to Withdraw OL Application & for Dismissal of OL & Order of Mod Proceedings.Board Should Hold Motion in Abeyance Pending NRC Review of Stabilization Plan.Certificate of Svc Encl ML20206M8171986-08-15015 August 1986 Response to ASLB 860716 Order Requesting Responses Re Termination of OM Proceeding.Termination of OL Proceeding & Withdrawal of OL Application Requested.Om Proceeding Should Be Considered Moot.Certificate of Svc Encl ML20203F8791986-07-28028 July 1986 Response Supporting Util 860711 Motion for Termination of Appeal Board Jurisdiction Over Proceeding.Certificate of Svc Encl ML20207H6871986-07-22022 July 1986 Motion for Extension Until 860815 to File Responses to Four Questions Re Util Motion to Dismiss OL & OM Proceedings. Certificate of Svc Encl ML20202G0121986-07-11011 July 1986 Motion for Authorization to Withdraw OL Application & Dismissal of OL & Order of Mod Proceedings ML20202G1201986-07-11011 July 1986 Motion for Termination of Aslab Jurisdiction to Facilitate Termination of Cps,Withdrawal of OL Application & Dismissal of Consolidated OM-OL Proceeding ML20133D9481985-05-13013 May 1985 Response to Aslab 850423 Order.Aslab Should Cancel OL Application & CPs Because Compliance W/Nrc Basic Requirements Not Met ML20116G5181985-04-29029 April 1985 Response to Memorandum of City & County of Midland,Mi Re ASLB 850405 & 0313 Orders on CP Mod Proceedings.Bechtel Should Not Be Granted Admission to Proceedings ML20115J5421985-04-19019 April 1985 City & County of Midland,State of Mi Motion for Leave to Participate as Amicus Curiae in Aslab Request for Responses to Questions Presented in 850313 & 0405 Memoranda Orders. Proof of Svc Encl ML20115J5501985-04-19019 April 1985 Response Opposing Aslab 850405 Memorandum & Order Re Dismissal of OL Applications.Urges Board to Permit OL Applications to Continue in Suspension Until Applicant Affirmatively Resolves Disposition ML20115J5551985-04-19019 April 1985 City & County of Midland,State of Mi Response to Aslab 850313 Order to File Memoranda Re Whether Aslab Should Vacate ASLB Decision Re Certain Mods to CP Due to Mootness. Proof of Svc Encl ML20115J4351985-04-19019 April 1985 Motion for Leave to Participate as Amicus Curiae,Per Aslab 850313 & 0405 Memoranda & Orders Requesting Response to Questions Re Proceeding ML20116G5321985-04-19019 April 1985 Motion to Participate as Amicus Curiae in Resolution of Issue to Involuntary Dismissal of License Application,Per Aslab 850405 Memorandum & Order.Granted for Aslab on 850422. Served on 850429 ML20115J5461985-04-19019 April 1985 Motion to Participate Amici Curiae in Resolution of Issue of Involuntary Dismissal of License Application as Identified in Aslab 850405 Memorandum & Order ML20112J5281985-04-0101 April 1985 Memorandum in Response to Aslab 850313 Order LBP-85-2. Decision Should Not Be Vacated.Ol Should Be Dismissed.Based on Listed Changes,New OL Review Required ML20112J6301985-04-0101 April 1985 Memorandum Requesting Aslab Not Take Any Action to Vacate LBP-85-2 or Dismiss OL Applications,Per 850313 Order,Based on Current Intent to Hold CPs & Attempt to Sell Plant. Certificate of Svc Encl ML20112H0981985-03-27027 March 1985 Response to Aslab 840313 Order Re Whether ASLB Decision to Review Issues in Soils Hearing Appropriate Use of Public Resources.Concurs W/Decision to Remand OL W/Instructions to Dismiss OL Application for Failure to Pursue Soils Issue ML20106D6631985-02-0808 February 1985 Response Opposing B Stamiris 841224 Pleading Requesting Evidentiary Hearing on Matter Raised in applicant-Dow Chemical Trial & Referral of Certain Matters to Ofc of Investigations.Certificate of Svc Encl ML20106F6531985-02-0808 February 1985 Response Opposing Intervenor B Stamiris 841224 Motion for Evidentiary Hearings Re Litigation Between Applicant & Dow Chemical Co.Supporting Documentation & Certificate of Svc Encl ML20101S9421985-02-0101 February 1985 Motion for Extension Until 850306 to File Notice of Appeal of ASLB 850123 Partial Initial Decision.Granted by Aslab on 850201 ML20101S9111985-02-0101 February 1985 Motion for Extension of Time within Which to File Notice of Appeal of ASLB 850123 Partial Initial Decision.Certificate of Svc Encl ML20101F3191984-12-24024 December 1984 Request for Evidentiary Hearings on Matter Raised in CPC-Dow Trial & Referral of Certain Matters to Ofc of Investigations.Certificate of Svc Encl ML20106F5241984-10-24024 October 1984 Motion to Request ASLB to Cancel Const License & Application for OL ML20084J6111984-05-0404 May 1984 Responds Opposing Sinclair 840419 Motion to Request Caseload Forecast Panel Evaluate New Const Completion Schedule.Aslb Should Deny Request for Relief Contained in Motion. Certificate of Svc Encl ML20084H2581984-05-0202 May 1984 Memorandum in Opposition to Govt Accountability Project (Gap) 840417 Petition for Review.Gap Policy on Disclosures to Press Rules Out Genuine Claim That Affidavits Were to Be Maintained in Total Confidence.Certificate of Svc Encl ML20083N6481984-04-17017 April 1984 Petition for Review of Aslab 840330 Decision & Order ALAB-764 Re Subpoenas Directed to Govt Accountability Project.Aslab Erroneous Re Important Questions of Law & Policy.Certificate of Svc Encl ML20087M9821984-03-30030 March 1984 Response to B Stamiris 840304 New Contention Re Transamerica Delaval,Inc Diesel Generators.Bases in Support of Contention Clarified.Certificate of Svc Encl ML20079M6481984-01-23023 January 1984 Request for Leave to File Encl Corrected Copies of Applicant 831209 Memorandum in Opposition to Appeal of Govt Accountability Project.Table of Contents & Table of Authorities Inadvertently Omitted.Certificate of Svc Encl ML20082U0311983-12-0909 December 1983 Memorandum Opposing Govt Accountability Project (Gap) 831021 Appeal of ASLB Order Granting Util Motion to Depose Gap Witnesses.First Amend Argument Inapplicable Since Affiant Identity Will Not Be Disclosed.Certificate of Svc Encl ML20082E1341983-11-22022 November 1983 Request for Extension Until 831209 to File Brief Opposing Appeal of Govt Accountability Project Deponents.Certificate of Svc Encl ML20086A8801983-11-0404 November 1983 Response to Util Motion to Compel & Application for Enforcement of Subpoenas.Submission to Discovery Would Cause Immediate Grave & Irreparable Injury to Organizational Viability.Certificate of Svc Encl.Related Correspondence ML20081F8991983-11-0202 November 1983 Motion to Compel & Application for Enforcement of Subpoenas Against Govt Accountability Project Deponents,L Clark, T Devine,Bp Garde & L Hallberg.Response from Deponents Must Be Filed Before 831110.Certificate of Svc Encl ML20081E8931983-10-31031 October 1983 Reply to Applicant 831014 Response to Second Supplemental Memorandum in Support of B Stamiris 831005 Motion to Litigate Two Dow Issues.Issues Timely Raised & Present New Evidence.Certificate of Svc Encl ML20090H4271983-10-26026 October 1983 Motion to Continue Beginning Date of Hearings Scheduled for 831031 to 3 Days After Date.Extended Hearing Necessary to Allow Time to Receive Responses to 831011 Discovery Requests.W/Certificate of Svc ML20081B1751983-10-25025 October 1983 Motion to Compel CPC Responses to 831011 Interrogatories & Request for Production Re Investigation of Alleged Violation.Certificate of Svc Encl ML20090H3401983-10-25025 October 1983 Motion for Admission Into Evidence of Transcript of Jl Donnell 831015 Deposition.Certificate of Svc Encl ML20081E9481983-10-25025 October 1983 Memorandum in Support of 831021 Appeal of ASLB Orders Granting Issuance of Subpoenas.Subpoenas Violate First Amend Rights.Certificate of Svc Encl ML20081B0681983-10-21021 October 1983 Memorandum in Support of Appeal from ASLB Orders Granting Discovery Against Govt Accountability Project.Subpoenas Violate Common Law of Privilege.Util Showed No Compelling Need for Discovery ML20078K3141983-10-14014 October 1983 Response to B Stamiris 831005 Second Supplemental Memorandum Supporting Dow Issues.Stamiris Fails to Show New & Significant Info Justifying Reopening Record.Certificate of Svc Encl ML20078F5561983-10-0505 October 1983 Second Supplemental Memorandum in Support of Intervenor Stamiris Motion to Litigate Dow Chemical Co Issues Against Applicant.Dow Documents & Complaints Support Litigation of Issues Raised in Original Motion.Certificate of Svc Encl ML20080P1161983-10-0303 October 1983 Errata to 830930 Motion for Reconsideration.Certificate of Svc Encl ML20080P9131983-10-0303 October 1983 Motion to Stay Depositions of L Clark,T Devine,Bp Garde & L Hallberg as Directed in ASLB 830831 Order.Depositions Should Be Stayed Pending Review of 830930 Motion for Reconsideration.Certificate of Svc Encl ML20078A3471983-09-21021 September 1983 Supplemental Memorandum in Support of 830808 Motion to Litigate Dow Issues.Documents Reveal That Util Knew Fuel Load Dates Presented to NRC Jul 1980 - Apr 1983 False. Certificate of Svc Encl ML20077S7161983-09-19019 September 1983 Motion by L Clark,T Devine,Bp Garde & L Hallberg for Extension Until 830930 to File Motion for Reconsideration of ASLB 830831 Order Denying Motion to Quash Subpoenas. Certificate of Svc Encl ML20024E8261983-09-0202 September 1983 Response Opposing M Sinclair Motion to Reconsider Privilege Ruling.Presence of Bechtel Officials at 821124 Meeting Does Not Destroy Privilege.Bechtel & CPC Share Common Legal Interest.Certificate of Svc Encl ML20024E8771983-09-0202 September 1983 Motion to Reconsider Schedule for Submitting Proposed Findings of Fact on Remedial Soils Issues.Intervenors Should Be Required to File Proposed Findings on Remedial Soils Issues by 831115.Certificate of Svc Encl ML20076F3261983-08-23023 August 1983 Motion for Extension Until 830902 to Respond to Intervenor Motion to Reconsider Order Upholding atty-client Privilege Protection for 821124 Util/Bechtel Meeting.Motion Received 5 Days After Mailing.W/Certificate of Svc ML20076C6711983-08-17017 August 1983 Response to M Sinclair & B Stamiris 830728 Motions Re Dow Vs Util Lawsuit.Aslb Should Defer Motions for 30 Days.Motions Could Be Refiled After Documents Reviewed.Two Oversize Drawings Encl.Aperture Cards in Pdr.Certificate of Svc Encl 1986-08-25
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1'd; UNITED STATES OF AMERICA '3 NUCLEAR REGULATORY COMMISSION d, {ti{i s 5b
- /
ll BEFORE THE ATOMIC SAFETY AND LICENSING BOARD x ... : .. -
In the Matter of )
)
CONSUMERS FOWER COMPANY ) Docket Nos. 50-329CP
) 50-330CP (Midland Plant, ) (Remand Proceeding)
Units 1 and 2) )
CONSUMERS POWER COMPANY'S STATEMENT OF MATERIAL FACTS AS TO WHICH THERE IS NO GENUINE ISSUE TO BE HEARD
- . 1. On July 26, 1976, the United States Court of Appeals issued its decision in Aeschliman v. NRC, 547 F.2d 622 (D.C.
C ir . 19 76 ) , remanding certain issues in connection with construction permits awarded to Consumers Power Company
(" Consumers") for Midland Plant Units 1 and 2 ("the project" or "the plant") to the Nuclear Regulatory Commission
( "Comm iss ion" ) . Pursuant to Commission direction, an evidentiary hearing ("the suspension hearing") was scheduled before an Atomic Safety and Licensing Board (" Licensing Board")
to consider whether to suspend the Midland construction permits pending determination of the issues remanded by the Court of Appeals. Among the matters to be considered at the suspension hearing were the need for process steam by Cow Chemical 7904170 4lo
4 4
- Company's industrial facilities at Midland and the status of Dow's contract to buy steam and electricity from Consumers Power Company. Consumers Power Company (Midland Plant Units 1 and 2), LBP-77-57, 6 NRC 482 (September 23, 1977), at 482-83, 487, 11 1, 3, 15, 16.
- 2. As a result of the Court of Appeals decision in Aeschliman and new projected capital costs for the project of S1,670,000,000, the Michigan Division of Dow Chemical Company, in August, 1976, initiated a review of the project and the contracts between Dow and Consumers. Tr. 220, p. 2 (Temple Direct Testimony, following Tr. 220).
- 3. On September 8, 1976, Mr. Joseph G. Temple, head of Dow's Michigan Division, wrote to Mr. Paul F. Oreffice, Pres ident of Dow U.S . A. , expressing the opinion "that the nuclear-project will be most likely to be disadvantageous to Dow * *'*" and recommending that Mr. Oreffice " call for a corporate review of the entire question" of Dow's relationship to Consumers. Board Exhibit No. 1, p. 3; " Memorandum of Licensee Consumers Power Company and its Counsel Regarding the Preparation of Testimony and the Presentation of Evidence,"
dated December 30, 1976 (hereafter referred to as " Consumers Mem. 12/30/76"), Attachment A, pp. 9-10; see also Temple's Notes of September 13 meeting (at p. 3), included as Attachment G to Attachment A of Consumers Mem. 12/30/76 (hereafter
referred to as " Temple's Notes, Attach. G to "A"); Bacon Affidavit dated December 30, 1976 (hereafter " Bacon Affidavit I"), 12.
- 4. Mr. Temple had on prior occasions made public statements expressing his dissatisf action with the Midland project and was known, both within Dow and by Consumers, to be personally opposed to Dow's participation in the project.
Renfrow Affidavit dated March 28, 1979 (hereafter "Renfrow
- Affidavit II"), 11 4, 6; see also Consumers Mem. 12/30/76, Attachment A, p. 10; Consumers Mem. 12/30/76, Attachment D to "A".
- 5. On September 13, 1976, Mr. Temple formally recommended to Mr. Oreffice that a corporate review be conducted of Dow's current position on the Midland project. Board Exhibit No. 2; Temple's Notes, Attach. G to "A", p.2. This information was communicated orally to Consumers in a meeting between Consum<ars and Dow that same date. Consumers Mem. 12/30/76, Attachment A, pp. 9-10; Temple's Notes, Attach. G to "A", p. 2; Bacon Affidavit I, 1 2. In the course of that meeting, it was recognized that Dow's position would be presented to the Commission and could in no way be untrue, misleading, or incomplete. Consumers Mem. 12/30/76, Attachment A, p. 9; Temple's Notes, Attach. G to "A", p. 1.
- 6. Mr. Oreffice subsequently created a corporate review team, headed by Mr. Alden J. Klomparens and comprised of Dow i
. . _ , _ _ _ _ .J_- _ _
personnel who did not report to Mr. Temple. Tr. 2694; Consumers Mem. 12/30/76, Attachment F, Item IV.A. The review team was given seven task force assignments. Board Exhibit No.
1 2; Youngdahl Memorandum dated September 16, 1976, R/D Attachment L.
- 7. Task Force No. 2 was assigned to review the legal aspects of the decision -- past, present, and future.
Consumers was to be invited to make comments and provide input for the Task Force's consideration. Youngdahl Memorandum dated September 16, 1976, R/D Attachment L. To this end, a meeting between Dow and Consumers was scheduled for September 21, 1976.
Consumers Mem. 12/30/76, Attachment A, p. 10; Temple's Notes, Attach. G to "A", p. 3; Renfrow Affidavit dated December 30, 1976 (hereafter "Renfrow Affidavit I"), 1 2; Renfrow Affidavit II, 1 3; Bacon Affidavit I, 1 2; Falahee Affidavit dated March 28, 1979 (hereafter "Falahee Affidavit"), 12.
- 8. The September 21, 1976 meeting was attended by Messrs.
Renfrow, Bacon and Falahee, representing Consumers, and Messrs.
Nute, Hanes and Klomparens, representing Dow. Prior to the meeting, Messrs. Bacon and Renf row considered whether Mr.
Temple would be the best witness to use to testify about Cow's ultimate corporate position. In particular, they discussed Mr.
l Oreffice and Mr. Klomparens of Dow U.S.A. as potential I
alternative witnesses knowledgeable about the Michigan Division
interim position and the Dow corporate review; both men were less hostile in their personal attitudes about the project.
Renfrow Affidavit II, 16; Bacon Affidavit dated March 28, 1979 (hereafter " Bacon Affidavit II"), 16.
- 9. Both Mr. Oreffice, President of Dow U.S.A., and Mr.
Klomparens, head of the Dow U.S.A. corporate review team, were familiar with the interim position and recommendations of the Michigan Division and participated significantly in formulating the Dow corporate position with respect to the Midland project.
Renfrow Affidavit II, 16.
- 10. During the September 21 meeting, reference was made to the need for a Dow witness to testify at the suspension proceeding. Concern was expressed about using Mr. Temple as the Dow witness, and in that connection Mr. Renfrow suggested that consideration might be given to a witness from Dow U.S.A.
It was fully recognized that whoever might testify for Dow i
would be required to state Dow's current corporate position in order to satisfy the Court of Appeals directive in Aeschliman.
Renfrow Affidavit II, 1 6, Bacon Affidavit II, 1 5, Falahee Affidavit 14.
- 11. At no time did Mr . Miller , Mr . Rosso, or Mr. Renfrow, attorneys for Consumers, discuss the possibility of tendering at the suspension hearings any Dow witness other than Mr.
Temple, Mr. Oreffice, or Mr. Klomparens. Miller Affidavit r-
' - , - . -yep--.e.- wi,4, q w p- - - %, -- g --
dated March 26, 1979 (hereafter " Miller Affidavit"), Rosso Affidavit dated March 28, 1979 (hereafter "Rosso Affidavit II"), 14; Renfrow Affidavit II, 16.
- 12. At no time did Mr. Miller or Mr. Rosso ever suggest to, or direct, Mr. Renfrow to urge Dow that a witness who had no knowledge of the interim position of Dow's Michigan Division be tendered as the Dow witness in the suspension hearing.
Miller Affidavit 13; Rosso Affidavit II, 15.
- 13. It was the consensus of Messrs. Miller, Rosso and Renfrow that Mr. Temple was the logical witness to tender, but they would not object to tendering Mr. Oreffice or Mr.
Klomparens as the Dow witness. Miller Affidavit 13; Rosso Affidavit II, 16.
- 14. At the September 21 meeting, Mr. Falahee made it clear that Dow could anticipate litigation from Consumers if Dow decided to abandon the project and withdraw its support from the Midland plant at the upcoming suspension hearings.
Falahee Affidavit 15; Bacon Affidavit I, 11 3, 8; Bacon Affidavit II, 1 6, Renfrow Affidavit II, 15.
- 15. On September 24, 1976, at a suLsequent meeting l between Dow and Consumers, it was again pointed out that if Dow -
breached its contractual agreements with Consumers, Consumers would pursue its legal remedies. Bacon Affidavit I, 15.
l l
- 16. On September 27, 1976, the Dow corporate review culminated in a determination by the Dow U.S.A. Operating Board that circumstances had not then changed sufficiently to call for a modification of Dow's commitment to nuclear produced steam to be supplied by Consumers. The Operating Board emphasized that this decision would be subject to constant review and reevaluation and could change in the future if the project experienced additional delays or other difficulties.
Tr. 220, pp. 2-3. This corporate position was communicated to Consumers on September 27. Bacon Affidavit I, 16; Bacon Affidavit II, 17; Consumers Power Exhibit No. 24. '
- 17. The Dow U.S.A. decision of September 27'was contrary to the interim position of the Michigan Division and constituted the authoritative determination of Dow corporate policy. Duran Notes on Dow/ Consumers meeting of 10/12/76, at
- p. 11, R/D Attachment H.
- 18. Following Dow's decision to proceed with the Midland project and support Consumers in the suspension hearing, Mr.
Temple was designated as the Dow witness to testify at the hearing. Consumers Mem. 12/30/76, Attachment F, p. 1; Bacon I
Affidavit II, 1 7; Renfrow Affidavit I, 15. By September 29, 1976, the first proposed draft of Temple's testimony was prepared and discussed at a meeting between Dow and Consumers.
i
I l
l i
Consumers Mem. 12/30/76, Attachment C; Renfrow Affidavit I, 15; Bacon Affidavit I, 17.
- 19. No representative of Consumers disputed the designation of Temple as the Dow witness. Renfrow Affidavit I, 15; Bacon Affidavit I, 116 and 7; Bacon Affidavit II, V7.
- 20. Disclosure was made in Mr. Temple's direct testimony of the 1976 review conducted by Dow which culminated in the l September 27 corporate decision to support the prof. t while s keeping the matter under continuous review with all options open. Tr. 220, pp. 2-3.
- 21. Mr. Temple's direct testimony did not include reference to the interim position and recommendation of the Michigan Division. Tr. 220.
- 22. The decision not to include the Michigan Division interim position and recocaendation in Temple's direct i testimony was based on the considered judgment of both Dow's and Consumer's attorneys that, in light of Dow's ultimate i
! corporate decision, the reservation expressed by the Michigan l
l Division was no longer material to the suspension proceeding.
Renfrow Affidavit I, 11 5, 6; Rosso Affidavit dated December 30, 1976, 1 4; Consumers Mem. 12/30/76, pp. 11-14. See also Duran Notes on Dow/ Consumers meeting of 9/29/76, at p. 16, R/D Attachment G; Duran Notes on Dow/ Consumers meeting of 10/12/76, at pp. 6-7, 10, 11, R/D Attachment H; Dur; n Notes on l
l 1
i Dow/ Consumers meeting of 11/1/76, at pp. 7-8, R/D Attachment I; Nute Notes on Dow/ Consumers meeting of 9/29/76, at p. 3, 1
- IV.B.3., R/D Attachment C; Nute Notes on Dow/ Consumers meeting 1
of 10/12/76, p. 2, 1 II.B.3., R/D Attachment D.
- 23. At no time during preparation of Mr. Temple's direct testimony did Mr. Temple or any other Dow representative indicate to Consumers or its counsel that he desired the Michigan Division interim position to be included in the direct testimony. Renfrow Affidavit I, 19.
- 24. The NRC Staff counsel concurred in the judgment of Consumers and its counsel that "What required disclosure in Mr.
Temple's direct testimony was the corporate decision of Dow and why that particular decision was made * ** . Mr. Temple disclosed all relevant information in his direct testimony."
. NRC Staff Memorandum In Response To The Atomic Safety and l Licensing Board's Order Regarding Preparation Of Testimony of Dow Witness Temple, dated December 30, 1976, at p. 6.
- 25. Consumers made available to all parties in advance of i
the suspension hearings all the materials in its possession which formed the basis for its prepared testimony, Tr. 268, j including the Temple memorandum to Mr. Oreffice of September 8, 1976, setting forth the Michigan Division's interim position in opposition to the Midland project, and the Temple request of September 13, 1976, for a full corporate review of the i
j :
i 1
.e 9 .
question. These documents were made part of the evidentiary record. See Board Exhibit Nos. 1 and-2; Staff Mem. 12/30/76, pp. 6-7; Consumers Mem. 12/30/76, pp. 17-19, and Attachment L thereto; Renfrow Affidavit I, 1 9; Tr. 175-76.
- 26. Both Mr. Temple and Mr. Oreffice appeared and testified fully at the suspension hearing. The Licensing Board found both men to be " highly knowledgeable." Consumers Power Company (Midland Plant Units 1 and 2). LBP-77-57 (September 23, 1977), as amended November 4, 1977, 6 N.R.C. 482, 485 1 10.
- 27. The stated intention of Dow in 1976 to adhere to its commitment to the Midland plant remains intact. In 1978, Consumers and Dow entered into new, modified steam and electric contracts containing an explicit Dow commitment to the project in contemplation of commercial operation for steam generation by December 31, 1984. Bacon Letter to Licensing Board dated June 26, 1978.
Respectfully submitted, SHAW, PITTMAN, POTTS & TRWOBRIDGE By: 1 M Wm. Bradford 'qynoldsg Gerald Charnoff Alan J. Welsbard ~
1800 M Street, N.W.
Wash ing ton , D.C. 20036 Telephone: (202)331-4100 Counsel for Consumers Power Company
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