ML19344A272

Util Motion for Order Establishing Definite Procedures for Further Conduct of Proceedings.Suspension Hearing Should Be Treated as Hearings Re Motion for Preliminary Injunction. Motion Supporting Order Encl

ML19344A272
Person / Time
Site:	Midland
Issue date:	12/13/1976
From:	Bartelman C, Renfrow R, Rosso D CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE
To:
Shared Package
ML19344A273	List: ML19344A272 ML19344A281
References
NUDOCS 8008070653
Download: ML19344A272 (3)

Text

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D:cc2nbar 13,1976

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• UNITED STATES OF AMERICA I NUCLEAR REGULATORY COMMISSION *$No' $

E C 0 .Ogt2B ygs T 3 Before the Atomic Safety and Licensing Board y

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In the Matter of .) -

CONSUMERS POWER COMPANY socket Nos 39

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

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MOTION OF CONSUMERS POWER COMPANY FOR AN ORDER ESTABLISHING DEFINITE PROCEDURES FOR THE FUTURE CONDUCT OF THESE PROCEEDINGS Consumers Power Company (" Licensee") moves the Board'for.the entry of an order clearly setting forth specific procedures and realistic schedules for the future conduct of these proceedings on one of two alter-native bases:

. 1. Treat the suspension hearings as in the nature of hearings on a motion for a preliminary Snjunction and proce,ed with such hearings on that basis, reserving full consideration of-the ultimate factual issues for a later hearing. A decision'to proceed on this basis would neces-arily. entail':

(a) . prescribing a short-term schedule for limited Acoso106f3 g 4

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discovery prior:to the suspension hearings; (b) convening the suspension hearings for a date.in the middle of January, 1977; (c) . prescribing a long-term schedule for the conduct I.

of the hearings on the remanded issues which would '

include full discovery rights on those issues i

after the suspension hearings but prior to the 4

hearings on the remanded issues; and 1

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,. (d) convening the hearings on the remanded issues at the earliest possible datc.

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2.-

Conclude.that since (1) the issues for consider-  ;

ation at the suspension hearing include all . issues to be considered at the hearing on the remanded issues, (2) the- i parties should be entitled to full discovery on those issues i

prior to proceeding to any: hearing, (3) full discovery cannot i

be completed until early March, and (4) the Final Supplemental Environmental Statement will be filed in mid-April, the

. public interest would'be best served by combining the hearings '

on:the remanded issues with the suspension hearings in order to I-expedite resolution of this entire proceeding. A decision to proceed onfthis basis would necessarily entail:

(a)- consolidating the suspension hearings with the hearings on.the. remanded issues; E

(b)- prescribing a schedule for. pre-hearing matters in-cluding-full discovery on the remanded issues prior

. -toothefhearings on.those issues; and (c)' ' convening?the. combined suspension and' substantive

. hearings at theDearl..est possible date.

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Pcga 3 Licensee is prepared to proceed on either of these bases and files the attached Memorandum in support of its motion.

Respectfully submitted, David J. RWo Y dffe l

R. Ret Rb' ow, III bkL 0 ba3k Cary A. Bartelman Isham, Lincoln & Be' ale One First-National Plaza Chicago, Illinois 60603 Counsel for Consumers Power Company 1

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