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)

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

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NUCLEAR REGULATORY COMMISSION - -

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Before the' Atomic' Safety and Licensing Board-

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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

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the following Exhibits in evidence:

la Midland Intervenors' Group Exhibit 60A (Exhibit '

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

Concerning Hearing Preparation, containing Exhibits A-2) .

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

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

i- Exhibit ~60. All parties have copies of the volume, and we

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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,

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11977: Memorandum concerning antitrust matters, of which all

.partie's have copies. -Again, we offer it to ensure that it

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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

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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

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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

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Consumers -has not yet fully evaluated the liner plate daniage or its safety implications. See Rules 801(d)(2) and 803(6)

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of the Federal Rules of Evidence. Copies of this Exhibit are

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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

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. available to all parties. . It is offered in order to ensure

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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

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to 2 5-month deferral of further steam tube ~ inspection.

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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.

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

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

Suite 4501 Chicago,-Illinois 60611 l

.(312) .565-1177 .l

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