ML20081F871

Motion to Reopen & Suppl Record on Sinclair Contention 14,to Submit DA Sommers,Jp Bradley & CR Nefe Affidavits.Affidavits Provide Results of Postulated Evergreen Fog Sweep or Planted Barrier Analysis

ML20081F871
Person / Time
Site:	Midland
Issue date:	10/28/1983
From:	Gilomen B CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20081F873	List: ML20081F871 ML20081F884 ML20081F900 ML20081F924
References
ISSUANCES-OL, ISSUANCES-OM, NUDOCS 8311040017
Download: ML20081F871 (6)

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October 28, 1983

/ UNITED iSTATES OF AMERICA NUCLEAR REGULATORY COMMISSION DOCKETED USNRC

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BEFORE TH'E ATOMIC SAFETY AND LICENSING @ g g g Jn' tihe Matter of: ) Docket Nos. 0,fft329 fetOET,% v I

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CONSUMERS POWER COMPANY .) . Docket Nos.50-32T'M (Midland Plant, Units 1 &-2 ) ~50-330 OL APPLICANT'S MOTION TO REOPEN AND SUPPLEMENT '

THE RECORD ON SINCLAIR CONTENTION 14

'During the: hearings held with' respect to Sinclair Contention 14 cus March 9 :and 10,1983, the Atomic Safety and Licensing Board inquired of witnesses for both the Applicant and the NRC. Staff whether it would be useful and cost effective-for Applicant to plant a stand of trees in the near future along Gordonville. Road to mitigate the-effects ofcfog.from the Midland plant cooling pond on the road.' Tr.-12620, 12792.- By this motion, Applicant seeks -

leave to reopen the'~ record on Sinclair Contention ~14 so as

-to' submit the attached. affidavits of David A. Sommers, JohnfP. Bradley_and Clemens'R.-Nefe in response to the~,

Licensing Board's inquiries.

In . Consumers Power Company - (Midland Plant, Units 1 and 2),-Memorandum and Order (Denying Motion to Reopen

-Record on Containment. Cracks)', LBP-83-50 (August 17, 1983),

the Licensing Board observed that the record is not'yet.

closed in these proceedings. Instead, only the hearing of certain~ issues has been completed. As a result, the Licensing

, LBoard' ruled thatitwo criteria governed the motion to reopen 8311040017 831028 "

PDR ADOCK 05000329 0 PDR

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y aij before it: ..0 whether the motion was file'd in a timely fashion,

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'% and whethEr the motion falsed21ssues of signific5hce. Con-sumers Power, LBP-83-50, supra, at 10. The Licensing Board 9 s also took account of th,e fact that the burden for reopening

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the r(cord of a proceeding not yet closed might be somewhat .

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less than if.the record of.the proceeding had been closed.

ss Id. at 10, citing Vermont Yankee Nuclear Power Corp., (Vermont' YadkheNuclearPowerStation),'ALAB-138,6A.E.C. 520,.523,

n. 12'(1973). '

.g With respect to'the first of the two governing '

criteria, Applicant submitts that the instant motion and thet attached affidavits are filed in a timely fashion. As accepted by the~ Licensing Board, Sinclair' Contention 14 addresses the appr>oriateness of basing the NRC Staff DEIS s

thermal performance and ice and fog generation analyses "on, a study based on cooling pond performance in a subs tantially different climatic region." ConsumersPowerCompahy(Midland Plant, Units 1 and 2), Memorandum and Order (Rewritten Con-tentions'of M.'Sinclair), LBP-82-ll8 (December 30, 1982),

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at 37-38. The issue of'what actions could be taken to mitigate the impact tif fog lon: Gor'donville Road was not raised until the Licensing Board addr$ssed it during the hearings held on March 9 and 10, 1983 (see Tr. 12620, 12792).. Thereafter, on August 2, 1983, the Licensing Board indicated that it wished the parties to file proposed findings of fact and conclusions of law on Sinclair Contention 14 at the same time they filed

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proposed findings and conclusions on QA/ management attitude p .*

issues.- See Tr. 20188-20191.- Applicant has endeavored to s'

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prepare the_ attached affidavits in a timely fashion since being s

notified by the Licensing Board that findings and conclusions

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.on Sinclair contention 14 were expected within this time frame. In any event, the Licensing Board has previously s-held 1that the timeliness inquiry is clearly subsid'iary to the significance of the material to be considered, and that a motion to reopen should be granted notwithstanding that it might have been presented earlier.- Consumers Power, LBP-83-50, supra, at 10, citing Vermont Yankee, ALAB-138, supra, 6 A.E.C. at 523.

With respect to the second of the two governing

.. criteria, Applicant submits that the matters sought to be

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raised are significant. The affidavits attached hereto provide the results of an analysis of the effectiveness of a postulated evergreen fog' sweep or barrier planted between'the Midland _ plant cooling pond dike and Gordonville Road. This analysis indicates that such a postulated planting could cost millions of dollars and would provide little -- if any - , increase in visibility along Gordonville Road. These affidavits are directly responsive to an arti-culated Licensing. Board concern.

1 WHEREFORE, for the reasons stated above, Appli-cant respectfully requests that this Licensing Board grant N_.m _ _

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. Applicant'sfMotion'to R'eopen and~ Supplement.the Record on

.g 'Sinclair: Contention.:14.

Respectfully submitted,

. , .a . .

f Brian R. Gilomen y .One of thel Attorneys for Consumers Power-Company

~Isham, Lincoln.& Beale Three First National Plaza Chicago,~IL 60602

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-(312) -558-7500

-Dated: October.- 28,'1983.

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UNITED-STATES OF AMERICA NUCLEAR REGULATORY COMMISSION t

.-BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

. In[the : Matter :of': ), Docket Nos. 50-329 (Mi

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50-330 OM '

CONSUMERS' POWER COMPANY  :) Docket Nos. 50-329 OL

'(Midland Plant,-Units.-l'& 2 ) 50-330 OL CERTIFICATE OF SERVICE I, Brian R. Gilomen, one of the attorneys for Consumers Power Company, hereby certify:that a copy of

" Applicant's Motion-to Reopen and Supplement the Record on Sinclair Contention.14," with the attached affidavits of. David A..Sommers,. John P. Bradley and Clemens R. Nefe was served upon all persons shown in the attached service list by deposit in thel United States mail, first class,

this 28th day of October, 1983.

Brian R. Gilomen S

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SERVICE LIST

, Frank.'J. Kelley, Esq._ Mr. Scott W. .Stucky o Attorney General of the Chief, Docketing & Services l State'of Michigan U.S. Nuclear Regulatory Comm..

4 Carole Steinberg, Esq. -Office of the Secretary 5-Assistant: Attorney General, Washington, D.C. 20555 Environmental Protection Div.

720-Law Building Ms. Mary Sinclair Lansing, Michigan- _48913 5711 Summerset Street Midland, Michigan 48640 Myron.M. Cherry,-Esq.

Cherry & Flynn William D. Paton, Esq.

Suite 3700. Counsel'for the NRC Staff

.Three'First National Plaza- U.S.-Nuclear Regulatory

. Chicago, Illinois 60602 ,

' Commission

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Washington, D.C. 20555 Mr. Wendell H. Marshall 4625 S.-Saginaw Rd. Atomic Safety & Licensing Midland, Michigan 48640 Board Panel U.S. Nuclear Regulatory

. Charles Bechhoefer, Esq. Commission Atomic Safety.&' Licensing Washington, D.C. 20555 Board Panel U.S. Nuclear Regulatory Comm. Barbara Stamiris Washington, D.C. 20555 5795 North River Road Route 3 Dr. Frederick P. Cowan Freeland, Michigan 48623 6152'N. Verde Trail Apt. B-125' Dr. Jerry Harbour Boca Raton, Florida' 33433 Atomic Safety & Licensing Board Panel Mr '. D. F..Judd U.S. Nuclear Regulatory Commission Babcock & Wilcox Washington, D.C. 20555 P.O. Box 1260

'Lynchburg, Virginia 24505 'Lynne Bernabei Thomas Devine James E. Brunner, Esq. Louis Clark Consumers' Power. Company Government Accountability Project

~212 West Michigan Avenue of The Institute For Jackson, Michigan 49201 Policy Studies 1901 Q Street N.W. .

Steve Gadler. Washington, D.C. 20009-2120 Carter Avenue St._ Paul', Minnesota 55108 Samuel A. Haubold, Esq.

Kirkland & Ellis

~ Atomic Safety & Licensing 200 East Randolph Drive Appeal' Panel Chicago, Illinois 60601 U.S. Nuclear. Regulatory Comm.

Washington, D.C.- 20555

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