ML19338B961

Notifies All Parties in Midland Proceeding That Agreement Re Temple 770118 or 19 Testimony Has Not Been Obtained. Withdraws Request for Postponement of Significant Matters of Concern

ML19338B961
Person / Time
Site:	Midland
Issue date:	01/06/1977
From:	Nute L DOW CHEMICAL CO.
To:	NRC COMMISSION (OCM)
References
NUDOCS 8007291088
Download: ML19338B961 (2)

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DOW CHEMICAL U.S.A.

MICHIGAN DMSION January 6, 1977 WOLANO, MCHIGAN 464 f s Of

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MEMORANDUM TO ALL PARTIES

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Consumers Power Proceeding - fiidland Plant, Units 1 and 2  : , fy"# f

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Following our conversation with each of you yesterday, pursuant to e paragraph (2) of the Board's December 23 Order,-this is to advise you that it has not been possible to obtain agreement' that Mr. Temple will not be called to testify January 18 or 19. Accordingly, Mr.

Wessel will be present in Chicago on those days, and for the balance of the week.

We also withdraw pur request that other significant matters of concern

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to Dow be postponed until January 20 and January 21. These include the following:

1. Correction of anscript of the 2 ember 14 hearing in Chicago in accoroo..,e with the requests e Dow and the Staff '"

(see Dow and Staff letters dated December 20 and 28,. ~respec-tively).

2. Dow's request regarding further joint preparation of Dow witnesses with Consumers, or alternatively, for leave to with-draw as a party (see Dow December 22, 1976 Memorandum, pages 17-18).

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3. Other Intervenors' motion with respect to joint Dow-Consumers I

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preparation of the Temple testimony.

Each of the parties in our conversations yesterday emphasized the I importance of moving forward to conclusion, promptly and expeditiously.

In addition to the underlying substantive reasons behind that desire, continued delay inavitably poses further scheduling problems. We have already stated that Mr. Oreffice will be available January 26, but not thereafter again until February 22 and 23, which are themselves most ,

inconvenient dates.  !

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Memorandum to All Parties January 6, 1977 1 Page Two

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To the extent that any other Dow witnesses may be called, it should be added that the week of February 7 is " Board Week" at Dow, with Directors coming from all over the world to participate. In addition, during that week Mr. Wessel has long-standing prior commitments to be.

in Raleigh, North Carolina, February 8 and 9 and Boca Raton February 10-11 to attend Executive Committee and Boards of Directors' meetings of two non-profit associations to which he is General Counsel. In addition, Mr. Wessel's teaching commitments begin again on January 24, and he will not be available Mondays (except February 21 and March 21) .

until May 9.

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Sincerely, l

hhfY L. F. Nute '

Senior Attorney

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cc: Hearing Board

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