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A)NUCLEAR REGULATORY COMMISSION *

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Before the Atomic Safety and Licensing Board Q,

9 12.

)[ In the Matter of. ).

)'

CONSUMERS POWER COMPANY- ) Docket Ros. !) 50-330(Midland Flant, Units 1 and 2) )) !

.

,

.

SUPPLDENTAL RESPONSI 0F CONSUMEES POWER COMPAIC ANDTHE DOW CHEMICAL COMPANY TO INTERROGATORIES OF IDTERVINORS

OTHER THAN DOW

.

Consumers Power Comphuy (" Licensee") and The Dow Che=ical Compa=y ("Dov").

,,

submit the following supplemental answer to that po -tion of Intervenors' other '

than Dow ("Intervenors") Interrogatory No. I related to the status of negotia-

tions between Licensee and Dov. Intervenors' Interrogator vas directed to/

both Licensee and Dov. -

CUESTION

1. ' Testimony in this proceeding thus far has indier.ted a dispute between

Consumers and rav. Chemical Company (Dov) relating to the construction of ths

Midland Nuclear Facility and sale and purchase of steam and electricity from' .

said facility. Al1 or a portion of the Dov-Ccasumers' contracts have been

identified or attached in written testimorr/ of consumers' witnesses in this

proceeding, Messrs. Keeley and Eevell. With respect to any dispute concerning

-such contracts between Consumers and Dow please state the following:.

-800806o SE 2 69

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.

.

(a) Describe in detail the nature of the dispute and the;-

status of any negotiations to resolve said dispute. If it is

'

your position that no dispute exists, please state the basis

therefor in light of the cross-ey=m**mtien testimony of Dov

vitness Temple, including but not limited to the disclosures.

'

made by Mr. Temple of meetings between Consu=ers and Dov and,,

,

their representatives in September, 1976 wherein suggestions

of lawsuits vers =ade, as well as correspondence between

'

You=gdahl and Temple during 1975 and 1976 which has already

been produced by Consu=ers. .

A'.IS'w~dt

In accordance with the schedule provided with the earlier Supple = ental

' '

. Interrogatory Response dated December 22, l977, Licensee and Dow =et at Consumers'-

offices in Jackson, Michigan, 'on January 20, 1978. Attached to this Supple = ental;"

.'nterrogatory Response as M dbit "A" is a su==a_'y report of that =eeting.,

.

,

.

[. -va.M. ~

Stephs E. Howell, Vice PresidentProjects, Engineering and ConstructionConsumers Power Compa=y

b s$ - m

D. Dick'DeLine'

Mam facturing Manager i

Michigan Ditision I

Dow Chemical U.S.A. -|'

!

Stephen H. Howell, being duly svorn, deposes and says that the foregoingi

Supplemental Response- of Consumers Power Co=pany and. The Dov Chr.ical Cocpany|l

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to Interrogatories of Intervenors Other tha=. Dow is true to the best of his

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knowledge and belief. '

Gi bW < "E -C-

\*

Stephew H Ecvell

STATE OF MICEIGAN ) '

) SSCOUNTY OF JACISON ) *

Subscribed and sworn to before ne, a Notary Public, this 20th day of-

January, 1978.

A L A L AlSylvia 3/ 3a'', Notary PublicJackson Cou=ty, MichiganMy Commissics E=pires: April 13, 1980

.

'

D.. Dick DeLine, being duly sworn, deposes and, says that the foregoing

Supplemental Response of Consumers Power Conpaz:7 and The Dov Chemical Company,

to Interrogatories of Intervenors Other than Dow is true to the best of his

knowledge and belief.

bf | $ $m *'

D. Dick DeLine.

STATE OF MICHIGAN )) SS

COUNT! 0F JACISON )

Subscrl. bed and sworn to before =e, a Notary Public, this 20th day ofJanuary, 1978.

RELATED COE32SPO.WM,,

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@' '- 'i . Sylvia 3./3all, Hotary Public

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% Jackson County, Michigan |g:' visac*

: ltt Co-* ssics Expires: April 13, 1980... ., ..

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87 .JAN2 61978 > 3 :..

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! *M COIISUMERS POWER-DOW REOPENED NEGOTIATIONS,

,

- "

"~1L O- c of Meeting: January 20, 1978t

Subject: Minutes of Nuclear Contracts Negotiation Meeting.

<

at Jackson, Michigan-,

Present: The Dov Chemical Campany: DDDeLine, LWPribila, JRBurroughs

Consumers Power Company: SHHovell, LBLindemer, GSKeeley.

.

Present for occasional consultation:

Consumers Power Company: WAKirkby, CAGilsov, PCWebb, KRKrine

.

Consumers Power propoaed the attached agenda which was agreed upon.

Agenda Items

1. Housekeeping Items

se parties agreed to schedule additional negotiating meetings for February 2.<

in Jackson aud February 9 in Midland, if such meetings are necessary.

2. Review of Draft Contract

Consumers presented a draft dated January 19, 1978 of the entire General

Agreement except for those itemr on which agreement has not been reached.

'

This draft indicated changes from Dov's draft dated January 6, 1978 which_. . -

vere discussed. The draft presented by Consumers vill be further considered

by Dov. It was agreed that updated drafts 'vilf be prepared for each sub- '

sequent negotiating meeting utilizing the conventions of marking changes

from the previous draft.

3 Recoverable Costs - Discussion of Consumers Pover's Proposal

The parties discussed Consu=ers' proposal on recoverable costs which had

been furnished to Dov at the last meeting. - Consumers answered some of

Dov's questions. It was agreed that the Technical Committee vould meet-

..

later to' discuss the proposal in more detail.

* -_ _ .

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2.

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4. - Standards for Measuring Absence of Radioactivity *

Dov presented Consumers with information relative to the development of

appropriate standards for measuring the absence of radioactivity. Consumers-.

vill' study the information and propose language for inclusion in the para .

graph entitled, " Radioactivity."

5 Subcommittee Actions - Discussion.

The parties discussed the present status of subco=mittee activities which,

in no instance, had been reduced to written reports..

6. Steam From Unit No 2'

Consumers presented Dov vith estimates of cost to provide steam to Dov from|

Unit 2 prior to commercial operation of Unit 1. Dov has the responsibility 1'

of evaluating this information and advising Consumers if they are interested

in proceeding further on this matter.-<

- e

T. Steam Rate Presentation

Sample Rate Calculation and Assumptions Useda. "

Consumers reviewed with Dow a sample rate calculation and explained2

the. assumptions used in arriving at these rates. Additional technical 1

discussions vill take place between subcomittees of the parties.b. Consumers presented Dov vith a preliminary draft of contract language

covering the calculation of the steam rate. The parties reviewed ~and

discussed the draft and it was referred to the Technical Comittee..

I'

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SHH/wl'1/20/78.

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PROPOSED AGENDA~

cCONSUIERS POWER-DOW I C ING

'

January 20,.1978-,

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I 1. Housekeeping Items}<

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i

-;- 2. Review of Draft Contract *

.

.

3. Recoverable. Costa - Discussion of Consumers Power's Proposal.

'

I4. -Standards for Measuring Abse.2" of Radioactivity, ,

5. Subecmmitt'ee - Actions - Discuc. arti

,

6. Steam From Unit No 2 U

- 7 Steam Rate Presentation

Sample Rate Calculation and Assumptions Useda.

b. Technical Draft Contract Language_

9

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SHH/sjb'' January 20, 1978.

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UNITED STATES OF AMERICA iT ' .! " . s. u'$ gjG '

S.

NUCLEAR REGULATORY COMMISSION kh ' ""'

c*h;mr#

Before the Atomic Safety and Licensing Board

!

In the Matter of

CONSUMERS POWER COMPANY Docket Nos. 50-329. 50-330! (Midland Plant, Units 1 and 2)

.

CERTIFICATE OF SERVICE

I hereby certify that copies of the attached " Supplemental

Response of Consumers Power Company and The Dow Chemica? Company to

Interrogatories of Intervenors Other than Dow" dated January 20, <

1978, were served upon the individuals whose names appear on the

attached Service List by deposit in the United States mail, postage

prepaid and properly addressed, on the 23rd day of January,1978._

'

wE W /M'

.

Cbmtie K. Mille'r /The Dow Chemical CompanyLegal DepartmentP.O. Box 271Midland, MI 48C40

January 23, 1978

Attachment: Service List

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SERVICE LIST

S

Marshall E. Miller, Esq., Chairman Richard K. Hoefling,- Esq.Atomic Safety and Licensing Board Counsel to flRC Staff

.U.S. Nuclear Regulatory Comission iluclear Regulatory CommissionWashington, D.C. . 20555 Washington, D.C. 20555

Dr. J.. Venn Leeds, Jr. Caryl ' . Bartelman, . Esq.A~

Atomic Safety and Licensing Board Michael I. Miller, Esq.10807 Atwell- Isham, Lincoln & BealeHouston, Texas 77096 One First National Plaza -'

Chicago, IL 60603Dr. Emeth A. 'LuebkeAtomic Safety and Licensing: Board Atomic Safety and Licensing BoardU.S. Nuclear Regulatory Comission PanelWashington, D.C. 20555 U.S. Nuclear Regulatory Commission

Washington, D.C. 20555Myron M. Cherry, Esq. .

.

-

One IBM Plaza Atomic Safety and Licensing AppealChicago, IL 60611 Panel'

U.S. Nuclear Regulatory ComissionJudd L. Bacon, Esq. Washington, D.C. 20555Consumers Power Company212 West Michigan Avenue Docketing and Service Section ~

,

Jackson, MI 49201 Office of the Secretary.U.S. Nuclear Regulatory Commission .Ms. Mary Sinclair Washington, D.C. 20$55

^

5711 Sumerset StreetMidland, MI- 48640

.

Harold F. Reis,'Esq.Robert Lowenstein, Esq.Lowenstein, Newman, Reis &

;

Axelrad - -

!1025 Connecticut Avenue- '

Washington, D.C. 20036 }-

!

Mr. ' Steve Gadler,

.|i,

2120 Carter.. AvenueSt. Paul, Minnesota 55108

-)lNorton Hatlie, Esq.:

.

Attorney at LawP.O. Box 103 !

~

flavarre, Minnesota - 55392 ,j,

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