ML20214T743

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Forwards Form 8-K Filed W/Securities & Exchange Commission. Util Believes Info Presented Bears No Issues Currently Before Aslb.Related Correspondence
ML20214T743
Person / Time
Site: Midland
Issue date: 09/24/1986
From: Williams F
CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE
To: Bechhoefer C, Harbour J, Linenberger G
Atomic Safety and Licensing Board Panel
References
CON-#386-891 OL, OM, NUDOCS 8609300392
Download: ML20214T743 (7)


Text

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Dr. Jerry Harbour Administrative Judge Administrative Judge Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.

20555 Washington, D.C.

20555 Gustave A. Linenberger, Jr.

Administrative Judge Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Re:

In the Matter of CONSUMERS POWER COMPANY (Midland Plant, Units 1 and 2)

Docket Nos. 50-329 OM & OL and 50-330 OM & OL

Dear Administrative Judges:

The attached Form 8-K which Consumers Power Company has recently filed with the Securities and Exchange Commission is being furnished herewith for the information of the parties and the Board.

Consumers believes that some of the information set forth therein and/or in the attachments bears on issues currently before the Board.

Yours truly, Frederick C. Williams One of the Attorneys for Consumers Power Company FCW:kls cc:

Service List Michael I. Miller, Esq.

Judd Bacon, Esq.

8609300392 860924 PDR ADOCK 05000329 G

PDR

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6 FORM 8-K SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report:

September 17, 1986 CONSUMERS POWER COMPAN1t (Exact name of registrant as specifien in charteri Michigan 1-5611 38-0442310 State of Incorporation Commission File No.

IRS Employer Identification No.

212 West Michigan Avenue l

Jackson, MI 49201 (Address of principal executive offices) l Registrant's telephone number, including area code:

(517) 788-1030 I

RP1183-0001K-TE01 1

4 Item 5.

Other Events.

On September 17, 1986, the Dow Chemical Company and Consumers Power Company (the " Company") announced that they had reached an agreement in principle to work together to convert the Company's Midland plant into a natural gas-fueled combined-cycle cogeneration plant, and issued the fol-lowing press release.

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I DOW CHEMICAL, CONSUMERS POWER TO JOIN IN EFFORT TO CONVERT MIDLAND PLANT IANSING, Mich., Seph 17,1986

'the Dow Q=4r =1 Capany armi Ccmsmers Power Capany today announced that they have reached an agreement in principle to work Wil-to omtvert the idled Midland nuclear plant into a natural gas ombined-cycle %- i.icn plant.

Under terms of the agremerit, Dow would barme an equity par +4c4Mnt in the project and would receive the steam and electrical needs of its Michigan Division Midland Plant fztm the new facility. Dow and Consm ers Power have also agreed to seek a recess of their current legal m-MLngs wwrdng the Midland relaar plant while the two ocupanies amplete a final agreenent.

Such an agrement would resolve all differences Mtw the two empanies.

'Ihe natural gas cabined-cycle project is expected to qualify under the federal Public Utilities Regulatory Policy Act (PURPA) as a cogeneration facility. PURPA was enacted by Congress to encourage developnent of electrical generating plants that could produce steam as well as electricity.

The Dow plant uses large amounts of steam, thus making the proposed generating plant nere efficient and leading to conservation of natural gas.

l

a Dow will join Cor==ars Power in asking the Michigan Public Service I

remnimaicn to expedite removal of current restrictions on speniing funds to convert the idled plant and to confirm the proposed PURPA rate under which electricity would be purchased by Consumars Power frcm the cogeneration project for delivery to its custrners.

F. R. (Pete) Imhnan, Dow Q= ice _1 U.S.A. vice president and general manager of the Mic2 tigan Division, and W1114=n T. Mec mick, Jr., cbaiman and o

chief executive off'irwr of Constaners Power, announced the proposed agreement.

In a joint statanant, they said, "We believe that this cooperative agreement will greatly benefit both ocupanies and is in the best interests of the State of Michigan. We call upon goverrnent, business and labor to join us in vigorously supporting this important Michigan project. Working M K, we can and the ocntroversy and put the ps --zi Midland cogeneration plant to work for Michigan."

'Ihe 1,300-magawatt (m) facility would be constructed in two phases. The essd. plan envisions that the first 875 m will be available in 1989, with the renaining 425 m schadnlad for ocupletion a few years later. 'Ihe project will be owned by a pasLeady ocaprised of Dow, Consunars Power and other potential participants to be identified at a later date.

Dow and Consumers Power have agreed not to disclose the detailed terms of i

their agreement in principle until final agreements are ccmpleted and approved by the boards of directors of both ocmpanies later this year.

'Ihe Dow CN=nica1 Ccmpany employs more than 8,000 people at its world i

hW=rters and plant operations in the State of Michigan.

Consunars Power Ccmpany is Michigan's largest utility, serving almost six million of the State's nine million residents in 67 of the 68 Iower Peninsula ecunties.

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SIGNATURE Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

CONSUMERS POWER COMPANY a

Dated:

September 19, 1986 By:

J. F. Paquette, Jr.

J. F. Paquette, Jr.

Executive Vice President and Principal Financial Officer l

RP1183-0001K-TE01

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ra e U E-DNFE SERVICE LIST Frank J Kelley, Esq Steve Gadler..gq SEP 29 P2 ::28 Attorney General of the 2120 Carter AvHue State of Michigan St Paul, Minnesota 55108 Carole Steinberg, Esq OFFIL-Assistant Attorney General Atomic Safety @ @fd ksj g #

Environmental Protection Div Appeal Panel 720 Law Building US Nuclear Regulatory Commission Lansing, MI 48913 Washington, DC 20555 Myron M Cherry, Esq Chief, Docketing & Services Cherry & Flynn US Nuclear Regulatory Commission Suite 3700 Office of the Secretary Three First National Plaza Washington, DC 20555 Chicago, IL 60602 Ms Mary Sinclair Lynne Bernabei, Esq 5711 Summerset Street Thomas Devine, Esq Midland, MI 48640 Louis Clark, Esq Government Accountability Project Joseph Rutberg, Esq.

of the Institute for Policy Studies Deputy Assistant General Counsel 1901 Q Street, NW U.S. Nuclear Regulatory Commission Washington, DC 20009 Washington, D.C.

20555 Mr D W Montgomery Babcock & Wilcox PO Box 1260 Atomic Safety & Licensing Lynchburg, VA 24505 Board Panel US Nuclear Regulatory Commission James E Brunner, Esq Washington, DC 20555 Consumers Power Company 212 W Michigan Avenue Ms Barbara Stamiris Jackson, MI 49201 5795 North River Road, Route 3 Freeland, MI 48623 Samuel A Haubold, Esq Kirkland a Ellis Alan S Rosenthal, Chairman 200 East Randolph Drive Atomic Safety & Licensing Chicago, IL 60601 Appeal Panel E/W 532 Thomas S Moore US Nuclear Regulatory Commission Atomic Safety & Licanaing Washington, DC 20555 Appeal Panel E/W 532 Mr Gustave A Linenberger, Jr US Nuclear Regulatory Commission Atomic Safety & Licensing Washington, DC 20555 Board Panel US Nuclear Regulatory Commission Washington, DC 20555 Charles Bechhoefer, Esq Dr Jerry Harbour Atomic Safety & Licensing Atomic Safety & Licensing US Nuclear Regulatory Commission Board Panel Washington, DC 20555 US Nuclear Regulatory Commission Washington, DC 20555

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