ML19331B187

Memorandum Requesting Consideration Whether Addl Status Conferences Re Settlement Negotiation Should Be Scheduled Prior to 790214.Prospects for Settlement Appear Excellent. Certificate of Svc Encl

ML19331B187
Person / Time
Site:	Midland
Issue date:	12/06/1978
From:	Jablon R, Ross W, Watson K CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), MICHIGAN MUNICIPAL ELECTRIC ASSOCIATION, WALD, HARKRADER & ROSS
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-A, NUDOCS 8007280750
Download: ML19331B187 (4)

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UdIT2D STATES OF AMERICA NUCLEAR REGULATORY COMMISSION- $

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/ Gl g In tne Matter of Docket Nos. Su-329A and 50-330A CONSUMERS POWER COMPANY (Midland Units 1 & 2)

MEMORANDUM TO THE BOARD FROM CONSUMERS POWER AND INTERVENORS REGARDING SETTLEMENT NEGOTIATIONS As the Board is aware, representatives of Consumers .

Power Company (" Consumers Power") have been seeking to resolve, tnrough settlement negotiations, the issues contested by them in the aoove-captioned proceeding. The settlement envisioned by the parties would not only relate to antitrust conditions appropriate for the Midland licenses but would resolve all ,

antitrust issues between the parties and thus obviate the need .

for any appellate proceedings in this case.

The Intervenors and Consumers Power are pleased to

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I report that substantial progress has been made since the last l status conference and tnat the prospects for settlement now I

l appear excellent. This progress has been the result of many settlement meetings involving, in various combinations, coun-l sel, engineering consultants and the principals themselves.

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i Tnese meetings transpired on the following dates: September 19 (Detroit, Mich); Septemoer 28-29 (Jackson, Mich);

fl007eao7{O d THIS DOCUMENT CONTAINS POOR QUAUTY PAGES

M e' Uctooer 6 (Jackson, Mich); Octouer 9 (Washington, D.C.);

Uctober 19-20 (Jackson, Mich); October 23-24-(Grand Rapids, g Mich); November 6 (Jackson, Mich); November 13-14 (Jackson, Micn); Novemuer 21 (Grand Rapids, Mich); and November 29 (Lansing, Micn).

Specifically, an understanding has been reached oy tne negotiating representatives of tne parties with respect.to all but two areas which have been the subject of these discus-1/

sions. As for the two subject areas, substantial agreement has oeen reached and the parties are now reducing the agreed principles to contractual forms of some complexity. The subject areas of tnese contracts are participation arrangements by the intervenors in the Micland and Campoell units and related trans-mission investment arrangments. Once thse contract forms have l been negotiated, they will be incorporated into a settlement agreement which is subject to approval oy each of the parties represented in the negotiations.

In order to -assure an expeditious and successful con-clusion to thses settlement discussions, negotiators for Con-sumers Power and the Intervenors have agreed to use their best 1/ The negotiator representing one municipal system has given his concurrence to this understanding upon expecta-tion that additional bulk power suppy issues applicable to that system can be resolved.

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errorts to secure-approval of the settlement by their respec-c tive guverning'cedies no later than Feoruary 14, 1979. In s auuition, the parties nave agreed upon.a negotiation schedule so tuat February 1-4 date can be met. A copy of this. schedule is attached.

In these circumstances, we respectfully request the board-to consider whetner auditional status conferences snould be scueduleu prior.to Feuruary 14. In our view. they are not necessary. Ot course, at any time prior to February 14, if the prospects for settlement diminish or if the negotiation schedule --

is signiticantly delayed, the uncersigned would promptly so auvise the Boaru.

Respectfully submitted,

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hm. rtield Ross _-

heith S. ilatson Wald,-Harkrader & Ross -

1320 Nineteeth Street. N.W.

Wasnington. D.C. 20036 at torneys for Consu:aers Power Company l

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Rouert A .4 J Spiegel & McDiarmid

.fbuu Virginia Avenue Wdshington r U.C. 2U O.I 7 Attorney for the Cities of Coldwater , Grand !!aven. Holland ,

Traverse City, and Zeeland, the Northern Michigan Electric Cooperative, Inc., Jolverine electric Cooperative, and the Micnigan Municipal Electric Association oated: Lecemuer 6, 1:s70

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uu1TEU STATLS:0F At4 ERICA

- NOCLEAR REGULaTURY COM 4ISSIUti b

In the Mutter of - )

) vocket Nos. 50-329A Cut.SUciERb Puntsa CUE PANY ) Su-330A (Miulano Plant , Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of the Memorandum-to tne Guaru f rom Consuiaers Power and Intervenors Regarding Settlement begotiations, dated Decemoer 6, 1978,-in the captioned-matter, nave ueen served upon the rollowing by deposit in the United States mail, first class, this tith day of Deceauer, 1978.

nian S. Rosentnal, Chairuan Seth R.'Burwell, Esq. ~

acutaie darety and' Licensing Burwell & Shrank aggeal ovara 1020 ^ Washington Square Bldg.

u.S. Nuclear Regulatory Commission Lansing,. Michigan- 48933 wasnington. D.C. 20553 Joseph Rutberg, Esq.

dienael C. Farrar. Antitrust Counsel for Nuclear Atotaic datety and. Licensing Reg ulatory Commission Staf f

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nypeal Board Nuclear Regulatory Commission U.s. Nuclear Regulatory Coumission Washington,~D.C. 20545 wasnington, D.C. 2006d #

The Honorable Frank Kelly '

Richara d. Faizman attorney General atomic Safety and Licensing State of Michigan ,

appeal boara Lansing , t4ichigan 48913 d.s. uuclear Regulatory Cormaission Wa stn ing t on', D.C. 205b5 Chase R. Stephens, Chief _

Docketing & Service Branch tiugn K. Clark, Esq. Office of the Secretary .

atumic burety and Licensing Board Nuclear Regulatory Commission!

P.O. uox Iz7A Wasnington, D.C. 20555.

Kennedysville, Maryland 21045 Dr. J. V. Leeus , . J r.

P.O. Box tr41-Houston, Texas 77001 t

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Keith S. Watson u.