ML16340C486
| ML16340C486 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 01/27/1982 |
| From: | Fitzgerald J, Rothschild T NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Bradford P, Gilinsky V, Palladino N NRC COMMISSION (OCM) |
| Shared Package | |
| ML16340C487 | List: |
| References | |
| NUDOCS 8204190129 | |
| Download: ML16340C486 (54) | |
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LIMITED DISTRIBUTION N
EAR REGULATORY COMMISSIO WASHINGTON, D. C. 20555 January 27, 1982 MEMORANDUM FOR:
FROM:
Chairman Palladino Commissioner Gilinsky Commissioner Bradford Commissioner Ahearne Commissioner Roberts James A. Fitzgerald.'V Assistant General Cb4nsel
-Trip Rothschild, Attorney
SUBJECT:
DlABLO CANYON NEN11ARK XNQUlRY
~Summar At the Commission's
- request, we conducted an inquiry into'hether Dr. Nathan Newmark had been employed by PGSE en the Diablo Canyon facility. After staff contract files. and the Diablo Canyon docket were reviewed, 'we interviewed Commissioner Gilinsky, Edward C. Abbott, Jack W. Roe, Robert L. Cloud, Pao C. Chen, William J. Hall, ahd Delbert E.
McCu3.ley.
On the basis of. the interviews and review of pertinent documents, we found no indication that Dr. Mewmark was employed by PG&E on'the Diablo Canyon project'.
The
~ following report. summarizes the highlights of the interviews and of our document review.
Each. of the individuals'nterviewed signed a statement summarizing their interview..
These statements are attached.
We have also appended a
recreation of the chart in Dr. Chen's office.
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~On November 17, 1981 Commissioner Gilinsky and his Technical Assistant, Edward C. Abbott, went to the offices of Robert L. Cloud and Associates in Berkeley, California to.'discuss the Diablo Canyon seismic reverification being performed by Dr. Cloud and his associates.
After meeting with Dr. Cloud for approximately two hours, Dr. Cloud suggested that Commissioner Gilinsky and Mr. >>bott meet his staff.
Among the individuals to whom they were introduced was Dr. Pao Chen.
ln Dr. Chen's off'ce, Commissioner Gilinsky and Mr.
Abbott observed a la'rge chart with numerous name's ori it.
Dr. 'Chen explained to them that the chart was an'ttempt to show the organizations i;nvolved in the seismic design of Diablo Canyon and, how they interfaced with.one another.
One of the names listed on the chart was'"Newmark".
Commissioner Gilinsky was surprised to find "Hewmark" on the 8204iqaiPf 820304 PDR ADOCK 05000275 Q
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Thy Commissioners
- chart, since Dr. Nathan.Newmark had been a consultant to the NRC staff on Diablo Canyon.
Commissioner Gilinsky asked why.
Newmark's name appeared on the. chart.
Someone (probably.Dr.
Chen) responded that they thought Dr. Newmark h'ad contributed to the design of the facility..
Commissioner Gilinsky then asked whether Dr. Newmark had worked for PG&E.
Someone responded to the question (probably Dr. Chen) in a way that did not rule out that possibility.
Commissioner.
Gilinsky returned. to,Washington, informed Chairman Palladino, of his conversation, and suggested that the matter be.
further examined.
The Commission designated James A.
Fitzgerald and Trip Rothschild of the Office of the General Qounsel to interview Dr. Robert L. Cloud and his associates, as well as the associates of the late Dr. Nathan Newmark.
Before conducting those interviews, we interviewed Commissioner Gilinsky and Mr. Abbott, and asked them fo describe their visit to the Cloud offices and the basis for their impression that Dr. Newmark conceivably could have been employed. by PG&E'on Diablo Canyon.. Jack W. Roe, Chai'rman Palladino's Technical Assistant, was also interviewed.
Mr. Roe had visited the offices of Robert L; Cloud and Associates on December 1,
1981.
Mr. Roe stated that he had seen the chart.in Dr. Chen's office.
Mr. Roe had the impression that the individuals listed on the chart had been involved in developing the seismic design of Diablo Canyon.
Mr. Roe did not remember seeing Dr. Newmark's name on the chart, although he stated it might have been there.
Review of NRC Staff Contract Files and Diablo Can on Docket The NRC staff files relating to its contract. with Dr.
Newmark and some documents in the Diablo Canyon docket were also 'examined.
The NRC contract files contained no indication that Dr. Newmark had ever been employed by PG&E on Diablo Canyon.
Dr. Newmark began, providing advice to the AEC in approximately 1964, and'eginning in approximately 1967 he performed the principal review of the Diablo Cany'on seismic.
design at -the construction permit stage of review for the NRC staff.
Xn 1976 stazf desired further advice. from Dr.
Newmark on the Diablo Canyon seismic design and entered into a new contract with him.
Dr. Ne'wmark advised the'staff that he was currently consulting for Bechtel Power Corporation.
Xn that, capacity his tasks included advising Bechtel on generic matters, some oz which applied to PG&E's Humbolt Bay facilities (which included two fossil fueled plants and one
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The Commissioners nuclear unit).
Zn April 23, 1976,.Ben C; Rusche,
- Director, NRR, made the determination that his work for Bechtel did'ot create the potential for an actual conflict.of interest, that the appearance of-a conflict.of interest which existed was acceptable,,and that Dr. Newmark's participation in the Diablo Canyon review for the NRC staff was warranted because Dr. Newmark '
preminence in his zield rendered his work for the NRC in the.public and the'overnment's best interest'.
One of.the 'terms, of his contrac'ts with the NRC was to report to the NRC any employment which could give rise to an actual or apparent conflict. of interest with respect to the work he performed for the NRC.
Throughout the years, Dr. Newmark sent several letters to the staff advising it of his
~proposed consulting activities and seeking staff approval zrom a conflict of interest perspective.
A review of the staff files produced no documentation that Dr. Newmark had ever sought staff approval to work for PG&E on Diablo Canyon.
Ne also examined documents in the Diablo Canyon docket that Dr. Newmark had authored.
All of the documents examined had been produced for the NRC staff.
There wag no indication
. that Dr.
Newmark had been employed by PGGE.
Interview Nith Robert L. Cloud Ne interviewed Robert L.. Cloud in his Berkeley office on January 21.
After we explained the purpose of our visit, Dr.'Cloud took us to Dr.
Pao Chen's office where the
'forementioned chart was located.
On the upper left portion of the chart there appeared a box with the entry "N.
Newmark, design input".
The N. Newmark portion of the entry was crossed out.
Dr. Cloud explained the chart, which was entitled "Seismic Design Chain", noting that the names on the lezt side represented those who had provided input to PGaE on the design. of Diablo Canyon.
The chart indicated'hat the design information PG&E had gathered had been transmitted to URS/Blume, the consulting firm that was responsible for doing the seismic analysis of the buildings in order to determine floor response spectra for qualifying equipment.
The names on the right of the chart represented the contractors who'-had assisted PGGE in the qualification of the equipment.
Dr. Cloud stated.that Newmark's name had been crossed out because he had not participated in the seismic design, but had instead analyzed the ground motion at the site.
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The Commissioners 0
Cloud stressed that the determination of the ground motion was outside the scope of the reverification program that hi.s firm was involved in.
Therefore, his firm was not reviewiag work of Dr. Newmark and the others who had participated in.
determining the ground motion for the Hosgri earthquake.
Dr. Cloud was clearly under the impression, however, that Dr. Newmark had performed ground motion work for PG&E.
He stated that the chart had been prepared by Dr..Chen from lists of PG&E's Diablo Canyon contractors that the utility,.
had provided to Dr. Cloud, and also on the basis of conversations with numerous individuals associated with the project.
Dr. Cloud stated that at the time the chart was.
prepared the primary concern was that all potential contributors to the facility's seismic design be listed.
Dr. Cloud emphasized that the chart was in effect a draft list and,-that it had been subsequently determined that only approximately 25% of the companies on the chart had indeed been involved with the seismic safety-related design of the plant.
Dr. Cloud procured the lists which set forth PG&E's contracts.
We examined those lists and found no mention of Dr. Newmark or of his associate, Dr. William J. Hall.
Dr.
Cloud then met with his.staff to discuss the matter.
After that meeting with his staff, Dr. Cloud speculated tha<
Dr. Newmark's name had been placed on the chart, because his work appeared in a document entitled "Seismic Evaluation for Postulated 7.5M Hosgri Earthquake",
Units 1 and 2, Diablo Canyon Site, PG&E (November 1978).
That document which was prepared by PG&E and submitted to the NRg included response spectra charts prepared by Dr.
B3.ume and Dr. Newmark.
The Newmark charts did not indicate that they had been preparecK for the NRC staff.
Dr. Cloud surmised that his staff, at the time Dr. Newmark's name 'was placed on the chart, had no%
.realized that these charts had been prepared. for the NRC.
Dr. Cloud concluded the interview by stating that he had no reason to believe that Dr. Newmark had been employed by PGGZ on Diablo Canyon and that indeed, based on the absence of his name on the PG&E contract lists, his conversations with.
his.'staff, and his review of the "Seismic Evaluation" described
- above, he does not believe that Dr. Newmark was employed by PG&E on 'the project.
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The Commissioners Interview with Dr; Pao Chen After interviewing Dr. Cloud, we interviewed, Dr. Pao Chen, one of Dr. Clo'ud's associates.
Dr. Chen stated that in October
- 1981, Dr. Cloud's firm was hired to reverify the adequacy of the Diable Canyon seismic design.
At that time, Dr. Chen had not worked on any matter relating to Diablo Canyon and was not familiar with.who had been involved in developing the seismic design.
Part of the reverification project is to develop a seismic design chain which listed the contributors'o the design of the facility.
Dr. Chen was responsible for 'determining who was involved in the design.
In developing the chain, someone mentioned to him that Dr. Newmark might have been employed by PG&E.
Dr. Chen did not recall who so advised him.
On the basis of that conversation, Dr. Chen placed Dr. Newmark's, name on the chart;.
Dr-. Chen recalls his conversation with Commissioner Gilinsky on November 17, 1981 and remembers the Commissioner asking whether Dr. Newmark had worked for PG&E.
Dr. Chen stated that he told Commissioner Gilinsky something to the effect that he was not sure but that Dr. Newmark's name had come up in connection with the Diablo Canyon design, so his name had been placed on the chart.
.After Commissioner Gilinsky's departure, Dr. Chen called PG&E officials who had knowledge of the contracts that the utility had entered into relating to Diablo Canyon to ascertain whether'r.
Newmark had been employed by PG&E.
The PG&E officials stated that Dr.
Newmark had not been employed'y PG&E on the project.
Dr'.
Chen cannot recall the names of the officials with whom he spoke.
After the conversations with the 'PG&E officials, Dr.
Chen examined the lists of contractors used by PG&E on the Diablo Canyon facility and did not find Dr. Newmark's name listed.
.He'then
'crossed Newmark's name off the chart.
Dr.
Chen does not believe that Newmark.was employed by PG&E on the project.
Interview Of William J. Hall On January 23, we interviewed Dr. William J. Hall in his offices in Urbana', Illinois.
Dr. Hall is a professor of Civil Engineering'at the University of Illinois., Dr.
Newmaik was a professor at that same institution for more than 40'years.
Dr. Hall stated that, he had served *as a major consultant to Dr. Newmark from 1957 until Dr.
Newmark's death in early 1981.
Dr..Hall stated that he had
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The Commissioners worked on numerous projects with Dr. Newmark, but tha0 Dr.-
Newmark had undertaken many projects without his assistance.
Dr. Hall stated that to the best of his knowledge Dr.'ewmark had never been employed directly by PGaE on an~
project.
He asserted that Dr. Newmark had worked for Bechtel on PG6E's Humboldt Bay nuclear facility, and teat.
beginning in 1978, Dr.
Newmark worked on a Western Gas.
LNG.
facility.
He believed that PG6E is a part owner of that facility.
At our request he called the Chief Engineex.- of Western LNG Terminal who confirmed that PGaE was a
part-owner.
Dr. Hall stated that he believed that'he NRC staff had been advised of Mr. Newmark's involvement i'm these
'rojects and had determined that these activities did ~ot preclude Dr. Newmark from advising the NRC staff on Dzablo Canyon.*
Dr. Hall stated that Dr. Newmark's work for the NRC staff on Diablo Canyon.could be divided into three phases:
(1)>
1967-1969; (2) 1974-1978; and (3) 1978-1980.
Dr. Hald:
stated that he worked closely with Dr. Newmark on DiaM..o Canyon during the first, phase, fairly closely with Dr Newmark during the second
- phase, and only slightly wi~ Dr.
Newmark during the final phase.
Dr. Hall. unequivocal'>y stated that to the best of his knowledge, Dr. Newmark Wad never'been employed by PGaE to work on Diablo Canyon.
He further emphasized that Dr., Newmark was very concerneci with avoiding actual or potential conflicts of interest.
Dr. Hall made his and Dr. Newmark's files available.far perusal.
Many of the Diablo Canyon documents had been
~ thrown away, but many documents remained; A quick re~riew of these files produced no indication that Dr. Newmark had. ever been employed by PG&E on Diablo Canyon.
We found no indication in the NRC staff files that Dr.
Newmark had sought staff approval for the Western>
Gas consultantship.
Zt is our belief, however, that, prior.
to February 1980, staff decisions on potential organizational conflicts of interest were not always documented.
Like the Bechtel consultantship, hi+
activities on the LNG project could create an appearance of conflict of interest.
We did not pursue this matter further because it was outside the scope of this inquiry.
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The Commissioners Interview of Delbert E. McCulle After interviewing Dr. Hall, we'nterviewed Mr. Delbert E.
McCulley..Mr.'cCulley, who is employed by the Ci~l Engineering Department at the University of Illinois, served as Dr. Newmark's bookkeeper from 1954 until Dr. Newmark's death in 1981.
Mr. McCulley stated that to the bes:
of his
. knowledge, Dr. Newmark had never. entered into a consulting contract with PG&E'uring this period.
He stated that Dr.
Newmark would not have worked'or PG&E without. recmving compensation.
He stated that the work Dx. Newmark performed'elating to Diablo Canyon had been performed under cantract with the AEC-NRC staff.
Conclusions Our review of staff contract files, the docket,,
ance the interviews summarized above revealed no indic'ation &at Dr.
Newmark had been employed by PG&E on the Diablo Canyon project.
Accordingly, we recommend that the inquiry he closed.
Attachments:
1.
Summary of Interviews 2.
Parti;al Recreation of Chart in Dr; Chen's Office
'cc:
Leonard Bickwit, Jr.
Porrest J.
Remick Samuel J. Chilk 4
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ATTACHMENT 3.
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E STATEbiENT OF COHliISSIONER VICTOR GILIHSKY I
On January 19, 1982, I was interviewed in my offic'e by. James A.'itzgerald and Trip Rothschild, of the Office of the General
- Counsel, about rn aspect of my visit to the offices of Robert L.
Cloud and Associates, Inc.
I was asked to prepare a summary of my remarks and advised that this summary might be made public at a later date.
On November 17, 1981, after a meeting with Robert L. Cloud at the offices of Robert L. Cloud and Associates, Inc;, in Berkeley, California,. I and three other NRC personnel (Edward Abbott, Robert H. Engelken and Bobby H. Faulkenberry) were asked if we would meet the Cloud staff in their offices.
In one of 'them, on a white board posted on the office wall, there was a diagram of the Diablo Canyon seismic design process.
In one of the circlesg representing the contribut'ors to the seismic design of Diablo C'anyon, I was surprised to find the name "Newmark" since Mr.
'Newmark had been the NRC staff's consultant.
I asked what his name was doing there.
Someone responded to the effect that it, appeared that Hr. Newmark contributed to the design.
I then s'aid that I thought.Newmark was working on Diablo Canyon for the staff and asked whether Newmark did work for PGEE.
Someone responded
'o this question in a way which did not rule out, the possibility.
After.returning to Rashington 'I told the Chairman about this and suggested that the Commission needed to clear up the point.
Victo
'insky January 21, 1982
'STATEMENT OF EDWARD C.
ABBOTT My name is Edwar'd C. Abbott.
I am Technical Assistant to Commissioner Victor Gilinsky, U.S.N.R.C.
On Janua"y 18,'982, I was interviewed in my office by James A. Fitzgerald a'nd Trip Rotnschild, of the Office of. the General Counsel, with regard to a visit I made to the offices of Robert L. Cloud and Associates, Inc. I was asked to prepare a summary of my remarks and advise that the summary might be made public at a later date.
On November 17, 1981, I accompanied Commissioner G'linsky, Robert M. Engelken (Administrator of NRC Region V), and Bobby H.
Faulkenberiy (Chief, Reactor Construction Projects Branch; NRC Region V) to the Offices of Robert L. Cloud and Associates, Inc.,'n Berkeley, California, to discuss the Diablo Canyon seismic rever'ification being performed. by Cloud and Associates.
We arrived: at approximately 3 p.m.
and met with Mr. Cloud in his
. personal office.
A PG&E engineer, whose name I ao not recall, also par'ticipated in the meeting.
The meeting lasted
.approximately an hour and a half and consisted of an explanation of the reverification program by Mr. Cloud and of a general discussion of its features.
At the end of the meeting, Mr. Cloud suggested tha=
we meet his staff.
Ne met. various members of the Cloud staff 'n their offices.
In one of the offices, two or three offices away from Mr. Cloud's occupied by a senio'r engineer,'whose name I do not recall, I observed a big sheet of white paper posted on the wall.
The engineer explained that the chart was an attempt to show how organizations involved in the seismic design of Diablo Canyon interfaced with one another.
The chart consisted of many names with circles drawn around them, linked by arrows.
I do not remember there being a title on the chart.
The n~~e "Newmark" (without initials) was on the chart as well as others such as Stone and Webster, etc.
I was surprised at the needer of ind'ividuals and organizations involved as illustrated by the
'hart.
I received the impression. that the Cloud and Associates engineer thought that the people named on the chart were hired by PG&E to work on the design of Diablo Canyon.
Someone pointed out-the "Newmark" entry, and someone else said something to the effect that "Newmark worked on it." I believe all the NRC party were in the room at this time.
I -would estimate that we spent no more than five minutes 'n this office.
This was the last stage of our visit and we left the Cloud offices.
~ Edward C. Abbott January 20, 1982
SUMMARY
OF'NTERVIEW WITH JACK W.
ROE On January 18, 1982 Trip Rothschild of the.Office of the General Counsel interviewed Jack N. Roe, Technical Assis'tant to Chairman Palladino, in his office..
Mr. Roe stated that on December 1,
1981 he went to the offices of Robert L.
Cloud and Associates in Berkeley, California and met with Mr. Cloud and his associates for approximately two hours.
Jesse L. Crews of NRC's Region V was also in attendance.
Mr. Roe thought one other NRC employee might have been present.
During the course of his visit, he was shown a
multi-colored chart (which he thought may have been a large piece of.paper) which was approximately four feet by six feet:
On the chart were numerous handwritten names.
Mr.
Roe was told that the. chart had been prepared as a
management tool and listed the people who might have been involved in the seismic design of Diablo Canyon.
Some names were circled.
Mr. Roe had the impression that these were the individuals who had in fact participated in developing
. the design.
Mr. Roe did not. know whether the chart listed individuals who had'r might have, been employed by PG&E or included those employed by other parties to the-Diablo.
Canyon proceeding.
Mr. Roe does not remember seeing Nathan.
Newmark',s name on the chart, although he stated it might
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'have been there.
Mr. Newmark was not = ntioned during the.
discussion of the chart which lasted a=proximately five minutes.
Jack VT.:-.oe
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SUYd~RY OF INTERVIEW >QTH ROBERT L.
CLOUD
, On January'21,
- 1982, James A. Fitzgerald and Trip Rath'schild r
of the Office of'he General Counsel interviewed Robert X.. Cloud in his offices in Beikel'ey, California.
The interview cammenced with an explanation to Dr. Cloud of the purpose of the interview.
Specifically, Dr. Cloud was advised that during Comm ssfeaer Gilinsky's visit of November 17, 1981, to the'loud offices, he observed a chart in the'ffice of one of Dr. 'Clouc's associates which contained the name "Newmark".
On the basis of the chart and a brie~ conversation with the associate, Commissionex Gilinsky gained the impression that Nathan Newmark might have bem employed by PGandE to perform services related to Diablo Canyon.
Zt was this matter that'he Commission wanted to be further exp1k&ed. '
'Dr. Cloud was told that a'ummary of his interview would be prepared and given to him for review and signature, ~t he could keep a copy, and that the summary might be made pvMic in the near future.
He was advised that the interviewers preferred.
I that this interview be kept confidential.
He stated thea because PQandE was his client, he preferred to contact senior PGandE'Officials after the interview.
Dr. Cloud then proceeded to the office of Dr. Pao Chen, where the above mentioned chart was located.
'(Dr.
Chen did
~ not arrive in his office until after the interview was cenclu-ded.)
In the upper left. hand corner of the chart there appeared a box with the entry "N. Newmark, design input".
The N Newmark portion of the entry was crossed'out.
Dr. Cloud explaixned the chart, noting that the left portion which contained many boxes
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I represented those who provided input to PGandE on the design of.
Diablo Canyon.
The chart indi,cated that the-design information PGandE gathered was transmitted to URS/Blume who was responsible for doing the seismic analysis of the build ngs in order to.
determine floor response spectra for use in qualifying equipment.
The numerous boxes on the right of the chart represent the contractors who assisted PGandE in the qualification of the equipment.
Dr. Cloud explained that Newmark's name had been crossed out because he had not participated in the seismic design, but
'nstead had analyzed the ground motion at the site.
Dr. Cloud stressed from the outset that the determination of the ground motion was outside the scope of the reverification program that f
his firm was involved in.
Therefore, his f'rm was not reviewing the work of Dr. Newmark and others who participated in determin-ing the ground motion for the Hosgri earthquake.
Dr. Cloud speculated that it was conceivable that Dr.
Newmark had performed some work for PGandE.
He indicated that he knew the chart had been'prepared by Dr. Chen from lists of contractors to PGandE that had been provided to Dr. Cloud by'he utility and based on conversations'ith numerous individuals associated with the project.
At the time the chart was prepared (October/November) the Cloud organization was concerned that all potential contributors to the seismic design be reflected on the chart because no actual contractor should be omitted from the os.verification review Dr..Cloud emphasized that i( was a draft
chart and it was subsequently determined that only a proximately 25K of the companies on the chart had indeed been xzn-olved'with
'the seismic safety-related design of the 'plant.
'%hose companies are outlined in purple on the chart).
Dr. Cloud. procured the. lists in his posession
~sich set forth PGandE Diablo Canyon contractors.
These lists we+a entitled "Service Related Contracts (12/5/81);
(2) Diablo Caryon AE Contracts (received on 10/6/81);
(3)
Contract 'No
~~ arne of Consultant/Description (received on 11/18/81);
(4) Contract Listings (12/4/81);
and (5) Consultants used by PGazP=- for Saf ety Related Work (received 'll/18/81).
Dr. Cloud and the interviewers examined those 8ocuments and found no mention'f N.
M. Newmark or ot his assooi-rm, Dr.
Dr. Cloud speculated that Dr. Newmark's name ~ on the M because his work appeared in the Hosgri Report.
Ea w"ovided a William Hall.
document entitled "Seismic Evaluation for Postulate 7.5M Hosgri Earthquake" Units 1 and 2, Diablo Canyon Site PGancK, Volume 1
(November 1978).'hat document indicated that boy Z)". Blume and Dr. Newmark had prepared response spectra based on a 7.5 magni-tude Hosgri earthquake.
The Newmark chart had beers prepared for the NRC Staff by Dr. Newmark.
The Blume and Newman charts were included in the book.
The document indicated that PGandE could use either the Blume or. the Newmark spectra in design ng'the'acility subject to certain conditions.
One of the. conditions was that the Blume spectra would be adjusted so-as not co fall b'elow
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'the Hewmark spectra 'at any freouency.
See Pages 3-6 and 3-7.
Because the charts do not indicate for whom hewmark and Bluzne had prepared their curves, Dr. Cloud surmised that his staff, at the t'ime Dr. Newmark's name was placed on the chart, had not rea1ized that. Dr.. Hewmark had prepared his ork for the NRC rather than for PGandE.
Dr. Cloud has no reason for believing that Dr. Newmark was employed by PGandE on Diablo Canyon, and indeed, based on the absence of his name on the PGancZ contractor li;s<s, his conversa-tions witl'. his staff, and his review of the "Seismic Evaluations" described above he does not believe that Dr. Hewmark was empt.'oyed
'by PGandE on this project.
ROBERT L.
CLOUD RLC:hcc
SK'DARY OF IHTEPVIEN WITH DR.
"='0 CHEN On January 21,
- 1982, James A. Fitzgerald and Trip P'othschild of the Office of the General Counsel interv wed Dr. Pao Chen in
" the office of Robert L. Cloud Associates in Berkeley, California,
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h, where he is employed.
The intervie~ commenc d with an explanation to Dr.
Chen of the purpose of the interview.
Specifically, Dr.
Chen was advised that durin'g Commissioner Gilinsky's visit of November 17, 1981 to the Cloud ozfice, he observed a chart in Dr.. Chen.s'office and gained the impression
=rom an examination of the chart, and a conve'rsation
.with Dr. Chen, that Nathan Newmark might have been employed by PGandE to perfom services related to Diablo Canyon.
Dr. Chen was advised that -he summary of his interview would be brought to him for signa=u're and might be made public in the near future.
Dr.
Chen stated that in October, 1981, Dr. Cloud's firm was hired to verify the adequacy of the. Diablo Canyon seismic design.
At that time, Dr. Chen had not worked on an-matter relating to Diablo Canyon.
Part of the verification prcj ect was to develop a seismic design chain which listed the con=ributors to the Diablo Canyon design.
In developing the eh=in, someone mentioned to him that Dr. Newmaxk might have been emp"oyed by PGandE;'
Dr.
Chen does not recall who so advised him.
On the basis of that conversation, Dr. Chen p3.aced Dr. Newmark o" the chart.
Dr. Chen recalls that Commissioner Gil=nsky, upon looking at the chart, the NRC. 'r.
said that he thought Newmark =-as a consultant.to Chen replied something to the effect that they
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2 were not sure but his name had come up in connection with the Diablo Canyon design so he had put the name on the chart.
After the Commissioner's departure, Dr.
Chen felt he should follow up on this question so he.discussed with PGancK Officials wno had knowledge of the contracts the utility had cratered into.
relating to Diablo Cany'on to ascertain whether Dr. H'mmark had been:employed by PGandE.
The PGandE Officials he spoke with indicated to Dr. Chen that Hewmark had not been. employed by PGandE on Diablo Canyon.
Dr.
Chen cannot recall We names of the PGandE Officials with whom he s'poke about this because of the passage of time and the casual nature of the conversations.
Dr. Chen also examined the list of contractors med by PGandE on the Diablo Canyon facility and did not find, Newmark listed.
He then crossed Newmark's name off the list Dr.
Chen doesn not believe that Newmark was employed by PGandE on the project.
P.C.
CHES
Summary of Interview with Dr., Mii.liam J, Hall On January 23,
- 1982, James A, Fitzgerald and Trtp Rothschild of the Office of the General Counsel intervi'ewed Dr. William J, Hall in'is offices in Urbana, Illinois.
Dr. Hall is a professor of Civtl Engineering at the University of Illinois, The interview commenced wttli an explanation to Dr. Hall of the purpose'of the interview. Specifically, Or. Hall was advised that during Ccmissioner Gilinsky's visit of November 17, 1981. to the offices of Robert L, Cloud 5 Associates, he observed a chart in the office of one'f Dr. Cloud "s associates'which contained the name "Newmark",
On the basis of the examination of the chart and a brief conversation with the associate, Comnissioner Gilinsky gained the impression that Dr. Nathan Newiiark mgiht have been employed by PGK E to perform services related.
to Diablo Canyon, It was this matter that the Commtssion wanted to be further explored.
Dr. Hall was told that, a summary of. his interview would "
prepared and given to him for review and signature, that he could keep a copy, and that the summary might be made public in the near.future.
He was advised that the. interviewers preferred that the interview. be kept con'fidential, 4
. Dr. Hall stated that his association with Dr, Newmark commenced in 1949 wen Dr. Hall was a student at the University of Illinois.
Beginning in 1954 Dr.. Hall served as a consultant to Dr.
Newmark, but that a major fori.zl consultantship did not commence until about 1957.
Dr. Hall served as a consultant to Dr. Newmark from 1957 until Or.
Newmark's death in 1981, Dr. Hall also serv d as an independent consultant during this period.
Dr. Hall stated that worked on many projects with Dr. Ne~wark but that Or.
Newmark worked on numerous projects without the assistance cf Dr.. Hall. Dr.
Hall stated that to the best of his knowledge Dr. Newmark h=d never been employed by PG8 E on any project.
He asserted that Dr. Newmark had worked for Bechtel on PG5 E's Humbolt Bay nuclear facility in the 1960"s, and tha-'eginning about 1978
~
~
he worked on a >Jestern Gas LNG facility, PG& E is belteved to be a part owner of that
- facility, Dr, Hall state a
e
'e '
th t h beli'eved that the NRC'taff had been advised of Dr. Newmark's involvement in t ese projec s
1 t 'h projects and had determined. that these activities did not conflict with t e wor a
th k th t Dr Newmark was performing for the NRC staff on Diablo Canyon, Dr. Hall stated that Dr. Newmark's wor k for the NRC staff on Diablo Canyon could be divided into three phases:(1) 1967-69; (2) 1974-78; a
(
)
and (3) 1978-1980.
- Dr. Hall stated that he worked closely with Dr..Newmar k on Diablo !Canyon during the first phase, fairly closely wi'th Dr,. Newmat'k during the second phase and only slightly with Dr, Newmark during the ftnal phase, He s~te tated that to the best of his knowledge, Dr, Newmark had never been employed by pGKE on Diablo Canyon.'e also stated that.to the best of his knowledge, Dr, Newmark had never been employed by URS/Blume, the consult]ng organizatton that was heavily involved in developing the seismic design of Diablo Canyon.
Dr. Hall emphasize a
r.
d th t 0 Newmark was very concerned with avoiding actual or potential con c
s o
in
'li t
f 'erests and that he cannot believe that Dr. Newmark had ever been employed by PG& E to wor k on Diablo Canyon, Dr. Hall made several files available'for perusal, One -ile which was a master Diablo Canyon report i
e consis e
t f'1 isted o'f a group of documents from approximately 1967-1970.
Dr.
Ha in ica e
11
d that these files had been consolidated six or seven years ago.
These files only contained material that Drs,; Hall and Newmark had done for the
- AEC, Other files amounting to about one foot of shelf sp g
ace dealin with Diablo Canyon 'work from 'l974 to 1980 were also. examined, Again they contained no indicat that Dr. Newmark had performed any, work for PG& E, but rather were correspondence
~
reports and other doGements revolving around their work =or NRC.
- Finally, V
f' Newmark and Dr. Hall were reviewed.
Five of approximately 35 file drawers o
r.
ewma these files were for Diablo Canyon.
One of the interviewers looked through these drawers which only revealed NRC work or documents related to the proceeding which had been sent to Dr. Hall or Dr; Newmark, Dr, William J. Hall 1/23/82
'3/f~
l
~
Summary. of Interyj,ew with Delbert E. McCulley
'On January 23, 1982 dames A,, Fitzgerald and Tri'p Rothschild of the Office of the General Counsel inter'vi'ewed Delbert E, McCulley in his offices in Urbana, Illinois.
Mr.
M Culley served is Administrator to N, H. Hewmark 5 Associates from approximately 1954.to his death in 1981.
In that capacity he served as Dr, Hewmark's bookkeeper, Mr. McCulley was advised'f th'e purpose of the interview.'Specifically he was advised
~
that'during Commissioner Giltnsky's visit of November 17, 1981 to the Offices of Rober
~ L,.Cloud and Associ'ates, he observed a chart in the office of one of Dr.
Cloud's associates which contained the name "Newmark",
On the basis of the chart and.
a brief conversation with the associate, Comnissioner Gilinsky gained the impression that Dr. Nathan Newmark might have been employed by PGL E to perform services. related to Diablo Canyon. It was this matter that the Commission wanted to be explored further.
~~@
Mr.. McCulley was to~ that.a summary of his interview would be prepared and given to him for review and signature, that he cou]d keep a'copy, and that the summary might be made public in the near future, ry~
Mr. McCulley stated that~during the peri'od 1954-1981 Dr.
Hewmark never entered into a contract with PGE E and that Dr. Hewmark never billed PGE E during this period.
He. stated that Dr, Hewmark would'ot have worked for PGh E without compensation.
He stated that the work that Or. Newmark'did relati'ng to Diablo Canyon had be'en performed under contract with the AEC-NRC staff.
Delber t E. McCulley
/23/82
0 I
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0
/
UNITED STATES OP ~KlGh.
NUCLEAR R" GVLE~RY COMMISSION In the Natter of PACIPIC GAS AND ELECTRIC COMPANY (Diablo Canyon, Units 1 and 2)
Docket Ho. (s) 50-275OL 50-3230L (s~issvyeg CERTIFICATE OP SERVICE I hereby certify that I have this day served the foregoing document(s) upon each person designated on the official service list compi ed by the Office of the Secretary of ~he Commission. in this proceeding in acco dance vith tne
'reauirements of Section 2.712 of 10
~z Part 2 Rules of Practice, of tne Nuclear Regulatory Commission's Rules and Regulations.
Dated at'ashington, D.C. this Jgg~(i~g+.
Offi of the Secretary of thegommission
\\
0
UNITED STATES OF <~RICA NUCLEAR 3:"GbL'ORY CO'.2".IS SION In tne Matter of PACIFIC GAS AND ELECTRIC COMPARE (Diablo Canyon, Units 1 and 2)
)
)
)
.)
)
)
)
)
Docket No. (s) 50-275 OL 50-323 OL (SEISMIC)
SERVICE LIST
>>>> F. Wolf, Esq.
3409 Shepherd Street Chevy Chase, Maryland 20015 Marjorie Nordlinger, Esq.
Office of the General Counsel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Mr. Glenn O. Bright Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Jerry R. Kline Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Philip A. Crane, Jr.,
Esq.
Pacific Gas
& Electric Company 77 Beale Street, Room 3127 San Francisco, California 94106 Arthur C. Gehr, Esq.
Snell
& Wilmer 3100 Valley Center Phoenix, Arizona 85073 Richard S.
- Salzman, Esq.,
Chairman Atomic Safety and Licensing Appeal Board U.ST Nuclear Regulatory Commission
'tlashington, D.C.
20555 Dr.
W. Reed Johnson Atomic Safety and Licensing Appeal Board U. S. Nuclear Regulatory Commission Washington, D. C.
20555 Mr. James O. Schuyler Nuclear Projects Engineer Pacific Gas
& Electric Company 77 Beale Street San Francisco, California 94106 Bruce Norton, Esq.
3216 North Third Street, Suite 202 Phoenix, Arizona 85012 Dr. John H. Buck Atomic Safety and Licensing Appeal Board U. S. Nuclear Regulatory Commission Washington, D.C.
20555 Janice E. Kerr, Esq.
California Public Utilities Commission 5246 State Building San Francisco, California 94102 Counsel for NRC Staff Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Mrs.
Sandra A. Silver 1760 Alisal Street San.Luis Obispo, California 93401 Mr. Gordon A. Silver 1760 Alisal Street San Luis Obispo, California 93401 Mrs.
Raye Fleming 1920 Mattie Road Shell Beach, California 93440 Mr. Frederick Eissler Scenic Shoreline Preservation Conference, Inc.
4623 More Mesa Drive Santa
- Barbara, California 93105
4 4
)
4
Boarc and arties continued 50-275,
-323 (SEIS>11C)
'cel R. Reynolds, Esq.
Ce ter for Lav in the Public Interest 10951 Vest Pico Boulevard, 3rd Floo Los Angeles, California 90064 David F. Fleischaker, Esq.
P.G.
Box.3.178 Oklahoma City, Oklahoma 73101 Mrs. Elizabeth Apfelberg c/o ~is'.
Nancy Culver 182 Luneta Drive San Luis Obispo, California 93401
~fr. Carl Neiburger Sa".. Luis Obispo Telegram-Tribune P.O.
Box 112 Sa" Luis Obispo, California 93406 Hr.
3ames Hanchett Pu'-lic Affairs Officer, Region V U.S. Nuclear Regulatory Commission 1990 North California Boulevard ha nut Creek, California 94596 Dr. "nrique Luco 16'3 Shields Avenue En"initas, California 92024 Dr. ~H.hail D. Trifunac 1488 Old House Road
- Pasadena, California 91107
4 Ci
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