ML18046A256

Response to NRC 801107 Requests for Admissions.Admits That Two Manual Containment Isolation Valves in Containment Bldg Penetration 4a Were Found Locked Open on 790911.Certificate of Svc Encl

ML18046A256
Person / Time
Site:	Palisades
Issue date:	12/01/1980
From:	Bielawski A CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.)
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-CIV, NUDOCS 8012290333
Download: ML18046A256 (8)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ADMINISTRATIVE LAW JUDGE

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In the Matter Of ) *-:J

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) Docket No. 50-255 ..o .**

~rm CONSUMERS POWER COMPANY ) (Civil Penalty) '. r::>

(Palisades Nuclear Power )

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Facility) )

CONSUMERS RESPONSE TO NRC STAFF'S Q

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REQUESTS FOR ADMISSIONS *SJ:)

DATED NOVEMBER 7, 1980 Consumers Power Company ("Consumers") submits the following responses to the NRC Staff's Request For Admissions By Consumers, dated November 7, 1980:

QUESTION

1. Does CPC admit that the two manual containment isolation valves in Containment Building Penetration 4a were found locked open on September 11, 1979?

RESPONSE

Yes.

QUESTION

2. Does CPC admit that Ted B. Jones found the valves locked open on September 11, 1979?

RESPONSE

Yes.

QUESTION

3. Does CPC admit that, when the valves were dis-covered locked open on September 11, 1979, the valves were locked open by virtue of a steel chain threaded through the spokes of the valve operating wheels, through the valve yoke, and joined by a padlock?

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RESPONSE

Yes.

QUESTION

4. Does CPC admit that, prior to September 11, 1980, the last local leak test of penetration 4.a occurred on March 20, 1978?

RESPONSE

No.

QUESTION

5. Does CPC admit that Document "A" is a true copy of a letter sent by R.B. DeWitt, CPC, to Victor Stello, Jr., NRC, on November 29, 1979, which letter concerns CPC's "Response to Notice of Violation"?

RESPONSE

The document appended as "Document 'A'" to the copy of "NRC Staff's Request For Admissions By Consumers Power Company", dated November 7, 1980, served upon Alan P. Bielawski is a true copy of the letter sent by R.B. DeWitt, CPCo, to Victor Stello, Jr., NRC, on November 29, 1979, concerning CPCo's "Response to Notice of Violation".

QUESTION

6. Does CPC admit that Document "B"- is a true copy of a letter sent by R.C. Youngdahl, CPC, to Victor Stello, Jr., NRC, on November 29, 1979, including revisions to page 7 of the letter, which letter concerns CPC's response to "Notice of Proposed Imposition of Civil Penalties"?

RESPONSE

Th_e document appended as "Document 'B'" to the copy of "NRC Staff's Request for Admissions By Consumers Power Company", dated November 7, 1980, served upon Alan P. Bielawski is a true copy of the letter sent by R.C. Youngdahl, CPCo, to

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Victor Stello, Jr., NRC, on November 29, 1979, concerning CPCo's response to "Notice of Proposed Imposition of Civil Penalties" .. ~

QUESTION

7. Document "B" (letter to V. Stello from R.C.

Youngdahl, dated November 29, 1979) includes as "Exhibit 1 11 a table of days on which the Palisades facility was operated in other than a cold shutdown condition. Does CPC admit that the Palisades faci-lity was operated in other than a cold shutdown con-dition on all days during 1978 and 1979 which are marked by an "X" or "*" in the exhibit?

RESPONSE

Yes.

QUESTION

8. Does CPC admit tha,t Document "C" is a true copy of a letter sent by David P. Hoffman, CPC, to James G.

Keppler, NRC, on September 28, 1979, and its enclosure Licensee Event Report No.79-037?

RESPONSE

The document appended as "Document 'C'" to the copy of "NRC Staff's Request For Admissions By Consumers Power Company", dated November 7, 1980, served upon Alan P. Bielawski is a true copy of a letter sent by David P. Hoffman, CPCo, to James G. Keppler, NRC, on September 28, 1979, and its enclosure, Licensee Event Report No.79-037.

QUESTION

9. Does CPC admit that Document "D" is a true copy of a letter sent by David P. Hoffman, CPC, to James G.

Keppler, NRC, on October 31, 1979 and its enclosure, Revision 1 to Licensee Event Report No.79-037?

RESPONSE

The document appended as "Document 'D'" to the copy of "NRC Staff's Request For Admissions By Consumers Power Company", dated November 7, 1980, served upon Alan P. Bielawski is a true copy of a letter sent by David P. Hoffman, CPCo, to James G. Keppler, NRC, on October 31, 1979 and its enclosure Revision 1 to Licensee Event Report No.79-037.

QUESTION

10. Does CPC admit that Document "E" is a true copy of CPC internal memorandum RAE 75-79, dated October 18, 1979, with its attachments?

RESPONSE

No, certain of the attachments to RAE 75-79 are not included in the copy of "Document 'E'" appended to "NRC Staff's Request For Admissions By Consumers Power Company", dated November 7, 1980 served upon Alan P. Bielawski.

QUESTION

11. Does CPC admit that the two manual isolation valves in Penetration 4.a were not listed on the containment integrity checklist (C.L.3.3) used between March 30, 1978, and September 11, 1979?

RESPONSE

Yes.

QUESTION

12. Does CPC admit that neither the* shift supervisor nor the plant health physicist signed off on Procedure H.P. 6.27 after HEPA filter replacement and testing were completed in Penetration 4.a on or about April 6, 1978?

RESPONSE

Yes, if by HP 6.27 the NRC Staff means to exclude any attached procedures or procedures incorporated by reference.

QUESTION

13. Does CPC admit that neither the shift supervisor nor the plant health physicist were notified upon completion of HEPA filter replacement and testing in Penetration 4.a on or about April 6, 1978?

RESPONSE

No.

QUESTION

14. Does CPC admit .that Thomas P. Neal, an employee of CPC, did not observe the replacement and testing of the HEPA filter in Penetration 4.a between April 4 and 7, 1978?

RESPONSE

No.

QUESTION

15. Does CPC admit that the containment integrity checklist (C.L.3.3) was completed for Penetration 4.a on April 1 or 2, 1978?

RESPONSE

Consumers neither admits nor denies question 15 on the grounds that this question, in its present form, is suscep-tible of a number of different interpretations.

QUESTION

16. Does CPC admit that the two manual containment isolation valves in penetration 4.a are located in a vital area as defined in 10 CFR 73.2(h)?

RESPONSE

Yes.

QUESTION

17. Does CPC admit that it controls access to the vital area within which the two manual containment isolation valves are located?

RESPONSE

Yes.

Respectfully submitted, Alan P. wski One of the Attorneys for Consumers Power Company DATED: December 1, 1980.

Michael I. Miller Paul M. Murphy ISHAM, LINCOLN & BEALE One First National Plaza Suite 4200 Chicago, Illinois 60603 (312) 558-7500 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ADMINISTRATIVE LAW JUDGE In the Matter Of )

) Docket No. 50-255 CONSUMERS POWER COMPANY ) (Civil Penalty)

(Palisades Nuclear Power )

Facility) )

CERTIFICATE OF SERVICE I, Alan P. Bielawski, one of the attorneys for Consumers Power Company, certify that copies of "Consumers Response to NRC Staff's Requests For Admissions Dated November 7, 1980" have been served in the above-captioned matter on the following by depositing same in United States mail, postage prepaid, this 1st day of December, 1980:

Honorable Ivan W. Smith Administrative Law Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 James P. Murray, Esq.

Director and Chief Counsel Rulemaking and Enforcement Division Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 James Lieberman, Esq.

U.S. Nuclear Regulatory Commission Office of the Executive Legal Director Washington, D.C. 20555 Stephen G. Burns, Esq.

U.S. Nuclear Regulatory Commission Office of Executive Legal Director Washington, D.C. 20555

Docketing and Service Section Off ice of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board.Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Judd L. Bacon, Esq.

Consumers Power Company 212 West Michigan Avenue Jackson, Michigan 49201 DATED: December 1, 1980.