ML19344A206

Suppl Response of Util & Dow Chemical Co to 780120 Interrogatories of Intervenors Other than Dow.Certificate of Svc & Exhibits Encl.Related Correspondence Encl

ML19344A206
Person / Time
Site:	Midland
Issue date:	01/20/1978
From:	Deline D, Howell S CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), DOW CHEMICAL CO.
To:
References
NUDOCS 8008060552
Download: ML19344A206 (8)

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Ol ~ o NUCLEAR REGULATORY COMMISSION

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Before the Atomic Safety and Licensing Board v

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[ In the Matter of. )

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CONSUMERS POWER COMPANY- ) Docket Ros.  !

) 50-330 (Midland Flant, Units 1 and 2) )

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SUPPLDENTAL RESPONSI 0F CONSUMEES POWER COMPAIC AND THE DOW CHEMICAL COMPANY TO INTERROGATORIES OF IDTERVINORS OTHER THAN DOW

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Consumers Power Comphuy (" Licensee") and The Dow Che=ical Compa=y ("Dov") ,,

submit the following supplemental answer to that po -tion of Intervenors' other '

than Dow ("Intervenors") Interrogatory No. I related to the status of negotia-tions between Licensee and Dov. Intervenors' Interrogator / vas directed to both Licensee and Dov. -

CUESTION

1. ' Testimony in this proceeding thus far has indier.ted a dispute between Consumers and rav. Chemical Company (Dov) relating to the construction of ths Midland Nuclear Facility and sale and purchase of steam and electricity from

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said facility. Al1 or a portion of the Dov-Ccasumers' contracts have been identified or attached in written testimorr/ of consumers' witnesses in this proceeding, Messrs. Keeley and Eevell. With respect to any dispute concerning

-such contracts between Consumers and Dow please state the following:

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(a) Describe in detail the nature of the dispute and the

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status of any negotiations to resolve said dispute. If it is

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your position that no dispute exists, please state the basis therefor in light of the cross-ey=m**mtien testimony of Dov

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vitness Temple, including but not limited to the disclosures

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, made by Mr. Temple of meetings between Consu=ers and Dov and

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their representatives in September, 1976 wherein suggestions of lawsuits vers =ade, as well as correspondence between

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You=gdahl and Temple during 1975 and 1976 which has already been produced by Consu=ers. .

A'.IS'w~dt In accordance with the schedule provided with the earlier Supple = ental

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. Interrogatory Response dated December 22, l977, Licensee and Dow =et at Consumers'-

offices in Jackson, Michigan, 'on January 20, 1978. Attached to this Supple = ental;

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.'nterrogatory Response as M dbit "A" is a su==a_'y report of that =eeting.

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Stephs E. Howell, Vice President Projects, Engineering and Construction Consumers Power Compa=y b s$ -

D. Dick'DeLine m

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Mam facturing Manager i Michigan Ditision I Dow Chemical U.S.A. -l

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Stephen H. Howell, being duly svorn, deposes and says that the foregoing i

Supplemental Response- of Consumers Power Co=pany and. The Dov Chr.ical Cocpany l

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to Interrogatories of Intervenors Other tha=. Dow is true to the best of his C

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knowledge and belief.

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• Stephew H Ecvell STATE OF MICEIGAN ) '

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• COUNTY OF JACISON )

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Subscribed and sworn to before ne, a Notary Public, this 20th day of January, 1978.

A L A L Al Sylvia 3/ 3a, Notary Public Jackson Cou=ty, Michigan My Commissics E=pires: April 13, 1980

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D.. Dick DeLine, being duly sworn, deposes and, says that the foregoing Supplemental Response of Consumers Power Conpaz:7 and The Dov Chemical Company ,

to Interrogatories of Intervenors Other than Dow is true to the best of his knowledge and belief.

bf l $ $m D. Dick DeLine

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STATE OF MICHIGAN )

) SS COUNT! 0F JACISON )

Subscrl. bed and sworn to before =e, a Notary Public, this 20th day of January, 1978. ,,

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@ Sylvia 3./3all, Hotary Public ll b d l O .V) ' e,

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g  % Jackson County, Michigan l

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visac ltt Co-* ssics Expires: April 13, 1980

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- Exhibit "A"

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,  ! , *M COIISUMERS POWER-DOW REOPENED NEGOTIATIONS

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"~1L O t - c of Meeting: January 20, 1978

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Subject:

Minutes of Nuclear Contracts Negotiation Meeting

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at Jackson, Michigan-

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Present: The Dov Chemical Campany: DDDeLine, LWPribila, JRBurroughs Consumers Power Company: SHHovell, LBLindemer, GSKeeley

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Present for occasional consultation:

Consumers Power Company: WAKirkby, CAGilsov, PCWebb, KRKrine

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Consumers Power propoaed the attached agenda which was agreed upon.

Agenda Items

1. Housekeeping Items se parties agreed to schedule additional negotiating meetings for February 2. <

in Jackson aud February 9 in Midland, if such meetings are necessary.

2. Review of Draft Contract Consumers presented a draft dated January 19, 1978 of the entire General Agreement except for those itemr on which agreement has not been reached.

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This draft indicated changes from Dov's draft dated January 6, 1978 which

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vere discussed. The draft presented by Consumers vill be further considered by Dov. It was agreed that updated drafts 'vilf be prepared for each sub- '

sequent negotiating meeting utilizing the conventions of marking changes from the previous draft.

3 Recoverable Costs - Discussion of Consumers Pover's Proposal The parties discussed Consu=ers' proposal on recoverable costs which had been furnished to Dov at the last meeting. - Consumers answered some of Dov's questions. It was agreed that the Technical Committee vould meet-

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later to' discuss the proposal in more detail.

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4. - Standards for Measuring Absence of Radioactivity

• Dov presented Consumers with information relative to the development of appropriate standards for measuring the absence of radioactivity. Consumers-

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vill' study the information and propose language for inclusion in the para .

graph entitled, " Radioactivity."

5 Subcommittee Actions - Discussion

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The parties discussed the present status of subco=mittee activities which, in no instance, had been reduced to written reports.

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6. Steam From Unit No 2 Consumers presented Dov vith estimates of cost to provide steam to Dov from l

Unit 2 prior to commercial operation of Unit 1. Dov has the responsibility 1

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of evaluating this information and advising Consumers if they are interested in proceeding further on this matter.- <

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e T. Steam Rate Presentation

a. Sample Rate Calculation and Assumptions Used "

Consumers reviewed with Dow a sample rate calculation and explained 2

the. assumptions used in arriving at these rates. Additional technical 1 discussions vill take place between subcomittees of the parties.

b. Consumers presented Dov vith a preliminary draft of contract language covering the calculation of the steam rate. The parties reviewed ~and discussed the draft and it was referred to the Technical Comittee.

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• PROPOSED AGENDA ~

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c CONSUIERS POWER-DOW I C ING January 20,.1978-

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Housekeeping Items

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2. Review of Draft Contract *

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3. Recoverable. Costa - Discussion of Consumers Power's Proposal.

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I4. -Standards for Measuring Abse.2" of Radioactivity

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5. Subecmmitt'ee - Actions - Discuc. art

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6. Steam From Unit No 2 U

-7 Steam Rate Presentation

a. Sample Rate Calculation and Assumptions Used

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b. Technical Draft Contract Language 9

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January 20, 1978

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UNITED STATES OF AMERICA ' .! .

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NUCLEAR REGULATORY COMMISSION kh ' "" c Before the Atomic Safety and Licensing Board

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In the Matter of CONSUMERS POWER COMPANY Docket Nos. 50-329

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50-330

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(Midland Plant, Units 1 and 2)

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CERTIFICATE OF SERVICE I hereby certify that copies of the attached " Supplemental Response of Consumers Power Company and The Dow Chemica? Company to Interrogatories of Intervenors Other than Dow" dated January 20, <

1978, were served upon the individuals whose names appear on the attached Service List by deposit in the United States mail, postage

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prepaid and properly addressed, on the 23rd day of January,1978. _

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. wE Cbmtie K. Mille'r W /M

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The Dow Chemical Company Legal Department P.O. Box 271 Midland, MI 48C40 January 23, 1978

Attachment:

Service List

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SERVICE LIST S

Marshall E. Miller, Esq., Chairman Richard K. Hoefling,- Esq.

Atomic Safety and Licensing Board Counsel to flRC Staff U.S. Nuclear Regulatory Comission

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iluclear Regulatory Commission Washington, D.C. . 20555 Washington, D.C. 20555 Dr. J.. Venn Leeds, Jr. Caryl 'A. Bartelman, . Esq.

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Atomic Safety and Licensing Board Michael I. Miller, Esq.

10807 Atwell- Isham, Lincoln & Beale Houston, Texas 77096 One First National Plaza -

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Chicago, IL 60603 Dr. Emeth A. 'Luebke Atomic Safety and Licensing: Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission Panel Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Myron M. Cherry, Esq. . .

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One IBM Plaza Atomic Safety and Licensing Appeal Chicago, IL 60611 Panel '

U.S. Nuclear Regulatory Comission Judd L. Bacon, Esq. Washington, D.C. 20555 Consumers Power Company 212 West Michigan Avenue Docketing and Service Section

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Jackson, MI 49201 Office of the Secretary

.U.S. Nuclear Regulatory Commission .

Ms. Mary Sinclair Washington, D.C. 20$55 ^

5711 Sumerset Street Midland, MI- 48640

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Harold F. Reis,'Esq.

Robert Lowenstein, Esq.

Lowenstein, Newman, Reis &  ;

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1025 Connecticut Avenue- '

Washington, D.C. 20036 -

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, Mr. ' Steve Gadler ,

i 2120 Carter.. Avenue St. Paul, Minnesota 55108 .l

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l Norton Hatlie, Esq.: .

Attorney at Law ~

P.O. Box 103  !

flavarre, Minnesota - 55392

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