ML19344A082

Motion Requesting Adoption of Encl Proposed Schedule & Mod of 790223 Special Prehearing Conference Order Accordingly.Certificate of Svc Encl

ML19344A082
Person / Time
Site:	Midland
Issue date:	06/20/1979
From:	Gibbs M, Mark Miller CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8007290960
Download: ML19344A082 (7)

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?A? /~Y UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 3

Before the Atomic-Safety And Licensing Board

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In the Matter of )

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CONSUMERS POWER COMPANY ) Docket Nos.~50-329

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

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' MOTION OF CONSUMERS' POWER CL.dANY TO ESTABLISH SCHEDULE

1. On February 23, 1979, this Atomic Safety and Licensing Board (" Licensing Board") issued a Special Prehear-ing Conference Order in the:above-captioned proceeding which, among other things, established a schedule for the conduct of

-the operating license proceeding for the Midland Plant based on_certain~ assumed dates for issuance of Nuclear Regulatory ,

Commission (the "NRC" or the " Commission") Staff documents.

At that time, the scheduled issuance dates for the NRC Staff

-documents were as follows:

DES -February 9, 1979 SER_- May-1, 1979 FES - June 27, 1979 SER Supp - August 1, 1979 The Order provided that "A determination by the Board as to

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whether or not. environmental and health and safety matters

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will be heard at separate hearings will' abide further prog-ress in issuance of the Staff. documents."

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2. .As a result of the Th'ree Mile Island accident,- g the NRC Staff has reallocated its resources so as to defer

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-most' licensing review-of the Midland Plant application, which in~ turn will defer issuance of the foregoing documents to dates-that have'not yet been established. Deferral of the review process was also based on an NRC Staff estimate that construction of Unit 2 of the Midland Plant (i.e., the first-unit-to come on line) would-not be completed until November, 1981. The NRC Staff advised the Licensing Board of this es-

'timate by letter dated May 21, 1979. Thai astimate was made without consultation with Consumers Power Company (" Consumers Power" or " Applicant") and was not based on any new informa-

' tion or data supplied by Applicant. Applicant does not agree with~the NRC Staff estimate. However, as Consumers Power is ,

s advising the Licensing Board and the partic: by letter of today's date, Applicant has revised its project schedule so as to delay its Unit 2 target fuel load date from/ November

'1980, to June 1981. The Unit 1 target fuel load date re- ~

-mains November, 1981.

3. The NRC Staff has advised Consumers Power that, notwithstanding the announced licensing review deferral of the Midland Plant, the DES -is expected to be . issued in

' September or October, 1979. Also, NRC Staff work on the diesel generator building settlement issue is proceeding and the NRC: Staff 'should be able to make a safety analysis of

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1 that issue in'the same~ approximate time frame now'contem- o o

plated for issuance of.the DES.

4. Accordingly,-Applicant believes that separate-

. hearings should be held on environsental and radiological health and' safety matters, a possibility which the Licensing

. Board' recognized in its Order. A proposed. schedule for en-vironmental issues and the diesel generator building settle--

ment issuecis attached. The schedule also proposes >that a prehearing conference be held on October 23,-1979, to estab-lish a schedule for the remaining issues to be tried.

S '. It.is clearly within a Licensing-Board's power to regulate the course.of'a hearing and to consider a partic-

-ular issue or-issues separately from, and prior to, other issues. _stomac Electric Power-Company (Douglas Point Nuclear Generating Station, Units 1.and 2), ALAB-277, 1-NRC-539 (1975);-10 C.F.R. S2. 718 (e) ; 10 C.F.R. Part 2, Appendix

'A, par. I(c) . As the Atomic Safety-and Licensing Appeal Board stated in' Douglas Point, the principal factors to be ~

considered by~the Licensing-Board in deciding whether hear-

=ings on specific issues ~are appropriate are:- .

(1) the degree of likelihood that any early findings on the^ issue (s) would-retain'their vslidity; (2) the advantage, if any, to the public interest:and'to the litigants in having an early, if not. necessarily~ conclusive, resolution of the issues (s) ; .and (3) the~ extent to which the. hearing of the issue'(s) at an t-,-.

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.ea'rly. stage would,-particularly'.if the issue (s) were-later

.reopenednbecause of supervening developments, occasion prej-udice'to one.or.more of the litigants. 1 NRC at 547.

6. Early resolution of environmental issdes and.

the diesel-generator building settlement issue wotid enhance the possibility that licensing review and hearings will be-completed;by the time: Unit 2 is ready for-fuel loading. If.

those portions'of the licensing process are not completed and fuel loading-is delayed, a significant increase in inter-est charges and other costs to Consumers Power and its rate--

payers would result. .In-addition, the delay would adversely

-affect'The Dow Chemical. Company which has an urgent need for the process steam to be supplied from the Midland Plant co-generation facility. Finally, resolution of these issues at an early. stage would better enable. Applicant,to make any modifications to the nuclear plant required as a resultiof 5

-the Li~ censing Board's findings. -

7, .For the reasons set forth above, Applicant re-quests that the Licensing Board adopt the attached-schedule for further proceedings in this matter, and modify the February 23, 1979 Special Prehearine Conference Order accord-ingly.-

Respectfully. submitted, O cN IW bk~

Michael I. Miller i lh f ; h'}

h 61 b -( G I p5'A Martha E. Gibbs' g

ISHAM, LINCOLN & BEALE One First National: Plaza 4200- .

Chicago, Illinois:

.60603

312/558-7500:

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4 l APPLICANT'S: PROPOSED' SCHEDULE

-3 2/23/79 - Special Prehearing Conference Order. Dis-covery begins.

9/03/79

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-Issuance of' partial SER on diesel generator building settlement.

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-9/03/79 . Issuance of DES.

10/23/79 Prehearing conference.

12/03/79 - Discovery related to Environmental and diesel generator building settlement issues ends.

12/14/79 Restatement of contentions due.

12/24/79 Responses to restatement of contentions, if i

necessary, due.

2/01/80 Issuance of FES.

2/18/80 Supplemental environmental discovery request due.

3/07/80 Supplemental' environmental discovery, if re-quested, ends. . <

3/17/80 Restatement of contentions due.

3/27/80' Responses to restatement of contentions, if necessary, due..

4/07/80 Deadline for filing motions for summary '

disposition.

5/02/80 Answers to motions for summary disposition due.

-5/09/80 Prehearing: conference.

5/30/80 Deadline for filing written testimony.

6/17/80 . Hearings.begin.

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UNITED STATES OF AMERICA-

-NUCLEAR ~ REGULATORY COMMISSION-g Before the Atomic Safety T And Licensing Board

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'In the Matter of ~ ).

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. CONSUMERS' POWER COMPANY ) Docket Nos. 50-329

) 50-330

-(Midland Plant, Units 1 and 2) )

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CERTIFICATE OF SERVICE I hereby certify.that copies of the attached-

" MOTION OF CONSUMERS POWER COMPANY TO ESTABLISH. SCHEDULE" in the above-captioned proceeding have been served upon the l' ~following parties by? United States Mail, first-class postage

~ prepaid,'this 20th day-of June, 1979

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-Ivan W.- Smith, E Jg. Ms. Mary Sinclair Atomic Safety-.and Licensing Board 5711LSummerset Street U.S.. Nuclear Regulatory Comn.

Midland, Michigan 48640 'l

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- Washington, D.C. 20555 Colleen P. Woodhead, Esq. 'j

~ Counsel *for the NRC Scaff Mr._Lester Kornblith, Jr. '

~ Atomic. Safety and Licensing-Board U.S. Nuclear Regulatory Comn. . )

U.S.. Nuclear Regulatory Comn; Washington, D.C. .20555 Washington, D.C. 20555 i

Atomic Safety and Licensing: ~

.l Dr. Frederick-P. Cow n ~ Board Panel.

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Apt.?B-125 . .

U.S. Nuclear Regulatory Comn.

6152 North Verde Trail' Washington, D.C. 20555 Boca Raton,-Florida--33433.

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Atomic Safety and Licensing Frank J. Kelly, Esq.

-Appeal Panel' Attorney. General of the U.S. Nuclear Regulatory Comn. State of Michigan

-Washington, D.C. 20555 Stewart H. Freeman, Esq.

. Assistant Attorney General-Gregory T. Taylor, Esq.- ~

+ Myron M. Cherry, Esq. Assistant Attorney General i

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1 IBM Plaza - 4501 Environmental Protection Div.

Chicago, Illinois 60611 720 Law Building Lansing, Michigan -48913 Mr. C. R. Stephens Chief, Docketing and Service Mr. Wendell H. Marshall

Section 4645 South Saginaw Road Office of the Secretary -

Midland, Michigan 48640 j

U.S. Nuclear Regulatory Comn. l Washington, D.C. 20555  !

Grant J. Merritt, Esq. .

Thompson, Nielsen,  !

! Klaverkamp & James 4444 IDS Center Minneapolis, Minnesota 55402 l

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L @h L- .. ( n) , % t i Martha E. Gibbs One of the Attorneys for l CONSUMERS POWER COMPANY j ISHAM, LINCOLN &'BEALE One-First National Plaza - 4200 Chicago,. Illinois '60603 u 312/786-7500 l June 20, 1979

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