ML19344A181

Motion to Introduce Addl Exhibits Re Dow Chemical Co Memorandum on Hearing Preparation & Notes from Dow-CPC 760224 Meeting

ML19344A181
Person / Time
Site:	Midland
Issue date:	06/30/1977
From:	Cherry M, Flynn P CHERRY, M.M./CHERRY, FLYNN & KANTER
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19344A177	List: ML19344A176 ML19344A178 ML19344A180 ML19344A181
References
NUDOCS 8008060515
Download: ML19344A181 (3)

Text

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UNITED STATES '0F AMERICA Ot Ug 121977 > q-NUCLEAR REGULATORY COMMISSION - -

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Before the' Atomic' Safety and Licensing Board-q, Na i

i In the Matter of )

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j' CONSUMERS POWER COMPANY -) Docket Nos. 50-329

) 50-330 l (Midland Plant, Units 1 and 2) -)-  :

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1 MOTION TO INTRODUCE ,

j , . ADDITIONAL EXHIBITS .

. Intervenors other than Dow Chemical Company offer the following Exhibits in evidence:

la Midland Intervenors' Group Exhibit 60A (Exhibit '

i' volume prepared by Dow as an attachment to Dow's Memorandum '

Concerning Hearing Preparation, containing Exhibits A-2) .

l This is the companion volume to Midland Intervenors' Exhibit  :

60; through oversight,.it was not included in our offer of', '

i- Exhibit ~60. All parties have copies of the volume, and we offer it simply to' ensure'that it will be a formal part of

the record .

i' 2.' Midland Intervenors' Exhibit 78'(Pages 6, 7, i and 18 -of- Dow's notes' of. a February 24, 1976 Dow-Consumers

meeting) '. This document is attached-tc the Board's June.15, 11977

Memorandum concerning antitrust matters, of which all

.partie's have copies. -Again, we offer it to ensure that it will; be . a formal 3 part -of theirecord. .

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~3. Midland Intervenors' Exhibit 79 (an artic"2 l concerning QA-QC matters which appeared in tae May 27, 1977

!!idland Daily News) . This Exhibit, which postdates the hear-

) ings. and thus could not be offered through a Consumers witness, i

is offered to show Consumers' public admission that the cost of repairing the Unit 2 liner plate bulge may exceed $800,000.

See Tr. 3273 and. Rules 801(d)(2) and 902(6) of the Federal Rule's of Evidence. Copies of this Exhibit are attached to this Motion. .

4. Midland Intervenors ' Exhibit 80 (Consumers '

June 15, 1977 Interim Report concerning the Unit No. 2 liner i

plate bulge) This - Exhibit, which postdates the hearings, is a report filed with the Commission by Consumers; it shows that Consumers -has not yet fully evaluated the liner plate daniage or its safety implications. See Rules 801(d)(2) and 803(6) of the Federal Rules of Evidence. Copies of this Exhibit are attached to this Motion. ~

5. Midland Intervenors' Exhibit 81-(Consumers'

. Document No.. 110-012, . a compilation by Consumers of the rela- ,

d tionship.between residential electricity bills and personal income) . This Exhibit was produced by Consumers and made

. available to all parties. . It is offered in order to ensure that.it.'is formally part of the record, and relates to demand

forecasting. See Timm Testimony, p. 47.

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6. Midland Intervenors' Exhibit 82 (the June 17, 1977 Staff Safety Evaluation concerning Palisades) . This Exhibit, which postdates the hearings, is a "public record" within the-meanit:g of Rule 803(8).of the Federal Rules of -

Evidence.. It is offered to show that the Staff regards any Palisades steam generator.. tube corrosion as " effectively minimized" by recent actions., and that the Staff has agreed to 2 5-month deferral of further steam tube ~ inspection.

As indicated, these Exhibits either postdate the hearings, or consist of documents available to the parties but for one reason or another not formally offered.

One of the Attorneys for Intervenors other than Dow Chemical Company,

'Myron M_. Cherry-Peter A. Flynn One IBM Plaza '

Suite 4501 Chicago,-Illinois 60611 l

.(312) .565-1177 .l l

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