ML19331A617

Discusses Effect of Midland Proceeding Delays on Dow Chemical Co Steam Supply.Dow Chemical Co Has No Views on CPC 770304 Motion to Continue Proceedings & Will Abide by ASLB Decision.Svc List Encl

ML19331A617
Person / Time
Site:	Midland
Issue date:	03/09/1977
From:	Pribila L DOW CHEMICAL CO.
To:	Coufal F, Leeds J, Luebke E Atomic Safety and Licensing Board Panel
References
NUDOCS 8007180684
Download: ML19331A617 (3)

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l Q DOW CHEMICAL U.S.A.

i March 9 1977 8

MIDLAND. MICHIGAN 48640 Frederic J. Coufal, Esquire, Chairman Atomic Safety and Licensing Board Panel .N el-T%

U.S. fluclear Regulatory Comission Washing ~ ton, D.C. 20555 j [ f.f g ~ *i ,

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Dr. Emmeth A. Luebke, Member  ?- ,,'

' .7:l Atomic Safety and Licensing Board Panel U.S. fluclear Regulatory Comission I'y,' d' ,. q/

Washington, D.C. 20555 Y,3 A/

Dr. J. Venn Leeds, Jr. , Member KQ~.b D \

Atomic Safety and Licensing Board Panel U.S. fluclear Regulatory Comission 10807 Atwell Houston, Texas 77096 Ifl THE MATTER F_C0tlSUMERS PMIER COMPN 1Y (MIDLAtID PLAtlT, UllITS 1 AND 2)

DOCKET NOS -329 and 50-330 Gentlemen:

In a telephone conversation v:ith Mr. Coufal on March 7,1977, he requested Dow's views on Consumers Power Company's Motion to Continue Proceedings dated March 4,1977.

Dow is deeply concerned about the recent Order of the Supreme Court of the United States which granted a petition for certiorari filed by Consumers Power Company in the case of Consumers Power Comoany v Aeschliman. This prospect of review by the Court has adced an additional element of uncertainty into the situation involving the Midland nuclear plant. (

As Dow has made clear in its testimony before the Board, Dow's corporate position has always been, and still is, one of support of the nuclear project. However, Dow has also made it clear in its testimony that it requires a dependable supply of steam and power to operate its Midland manufacturing complex, and that its present sources of steam and power are antiquated and cannot last beyond the end of 1984. While Consumers Power Company's schedules presently call for the completion of the plant by 1981-82, these schedules do not make any allowance for further delays resulting N

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from actions taken by courts or regulatory agencies. Thus, any further delays could have the effect of delaying the completion of the Midland Plant beyond the end of 1984. This is a matter of deep concern to Dow. ,

Dow hopes Consumers Power Company will seek the most expeditious hearing possible in the Supreme Court in the hope that the matter can be decided by the end of the current Court term in June or July. We are concerned that any inordinate delay in the completion of these hearings, should the Court affirm Judge Bazelon's decision

requiring them to be held, could not be in anyone's interest. At the same time, since these proceedi the Court's ultimate disposition, wngs may become e appreciate moot in Consumers light of Power Company's desire to avoid wasted efforts. Dow accordingly has no i position on the Motion to Continue Proceedings; we see merit on both sides of the issue, and will abide by whatever result the Board may reach.

Very truly yours, -

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L. W. Pribila Attorney cc: ServiceList(attached) -

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SERVICE LIST -

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- Mr. C. R. Stephens . -

Chief, Docketing and Service Section

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Office of the Secretary of the Cc:: mission U.S. Nuclear Regulatory Cc: mission e- > -

Washington, D.C. 20555 - -" '.

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Richard K. Hoefling, Esquire "

Counsel for flRC Staff

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U.S. Iluclear Regulatory Comission

Hashington, D.C. 20555 Myron M. Cherry, Esquire -

Suite 4501 One IBM Plaza . .

Chicago, Illinois 60611 David J. Rosso, Esquire .

Isham, Lincoln & Beale ~

One First flational Plaza '

Suite 4200 '

Chicago, Illinois 60503 '

Hs. Mary Sinclair .

5711 Sumnerset Street Midland, Michigan 48540 ' '

Mr. Steve Gadler, P.E.

2120 Carter Avenue St. Paul, Minnesota 55108 Dr. Richard Tica

-1038 Cascade Dr., N.W. '

Salem, Oregon 97304

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