ML19294A609
| ML19294A609 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 11/20/1978 |
| From: | Cherry M CHERRY, M.M./CHERRY, FLYNN & KANTER |
| To: | James Keppler NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| Shared Package | |
| ML19294A607 | List: |
| References | |
| NUDOCS 7812280340 | |
| Download: ML19294A609 (3) | |
Text
6
.e law OFFICES MYRON M. CHERRY O N C l e ma PLAZA CHIC AGo. ILLIN o t s 6 o61i 13:21 56 5-1877 November 20, 1978 Mr. J. G. Keppler, Regional Director Office of Inspection and Enforcement U.
S.
Nuclear Regulatory Commission Region III 799 Roosevelt Road Glen Ellyn, Illinois 60137 Re:
CONSUMERS POWER CCPANY (Midland Plant, Units 1 and 2)
Docket Nos. 50-329 and 50-330 (Operating Licenses Proceeding)
Dear Mr. Keppler:
I have received from Mr. Olmstead of the Nuclear Regulatory Commission a copy of a letter and report from Consumers-Bechtel to you, which were attached as enclosures to my copy of his November 16th letter to the Licensing Board.
The report from Bechtel-Consumers is dated September 22, 1978 and accompanied your cover memorandum to Mr. Thornberg dated November, 1978.
At page 2 of your November 1, 1978 letter to Mr. Thornberg you state:
"In our view, this deficiency [that is, the
~
deficiency in connection with the diesel
. generator building settlement] has the potential for affecting the design adequacy of several safety related structures at the Midland site."
In view of the seriousness of this statement and the enormous sums of money which Consumers continues to spend, I should like a more full explanation, including a submission or a listing of all memorandums, communi ca tions, letters and reviews, whether formal or informal, which form the basis for the Region III's conclusions made by you.
Please also tell me how you justify continued construction, in view of this serious breach of quality control, unless, of course, 7 812 2 8 0.3'/d'
Mr. J. G. Keppler November 20, 1973 page two r
to ensure safety.
I am you are content to permit " magic" most concerned over what appears to be a cavalier attitude Can it be that your organization towards construction.
(whether intentionally or otherwise and whether conscious or unconscious) is affected by the amounts of money Consumers If so, has spent so that you blind your eyes to reality.
you do a disservice not only to the people of the United States but also to the utilities who unfortunately take advantage of Do we need a serious accident before such lax enforcement.
equals the importance of enforcement, in your mind at least, monetary investment?
Also attached with your letter to Mr. Thornberg of to you from Consumers November 1 were communications sent in particular a letter from Howell dated Power Company, September 29, 1978 and a September 22, 1978 Interim Report No. 1, apparently issued by Mr. Martinez of Bechtel to Mr. Keeley of Consumers Power Company.
In connection with the last mentioned report, page 3 has a significant deletion whereby Consumers Power or Bechtel apparently deleted information submitted regarding what youthe diesel building i.e.
labeled as a serious safety problem, settlement.
The report states:
"This portion of the Bechtel Report is deleted because it contains a premature discussion of possible corrective action options."
In view of the lackluster performance at Consumers' the history of the defects and bad workmanship Midland site, at the Palisades site, and the overall shenanigans of (including the allegations of dishonesty),
I am surprised and astounded that Region III compliance would Consumers permit Consumers or Bechtel to delete information on a serious safety issue without even a w" imper being heard from the Nuclear Regulatory Commission.
Please let me know whether you plan to follow up with Consumers and oQtain the information which they have It simply is incredible that this issue has to be withheld.
raised by me (or anyone outside of the NRC) and was not followed up on by anyone at the NRC.
Mr.
J.
G. Keppler November 20, 1978 page three I also wish to inform you that my lines of communication have reported to me that the resident inspector currently on the Midland site may not be doing his job and may, in fact, have been co-opted by Midland personnel.
Before I take any action, I would like you to make your own investi-gation to determine whether this person should be replaced and whether the resident inspector operation is working.
I am requesting all of the information in this letter on an immediate timeframe.
If it is necessary for me to make a Freedom of Information Act request or take other the in formation, please let me know immediate'ly.
steps to secure In view of all of these situations I should also like to request advance notice of any inspection which Region III intends to make at the Midland plant, so that either I or a representative on my behalf can make arrangements to be in attendance.
If any inspection is to be surprise in nature, I will pledge my confidence to maintain the confi-dentiality of any such mannounced on-site vistitation and inspection.
I would appreciate. sufficient advance notice to permit me to arrange my schedule so as to conform with any upcoming inspection (or to permit making arrangements for the attendance on my behalf, of a representative).
Please let me know at your earliest convenience whether such arrangements will be made.
I realize this is a harsh and direct letter.
But these problems at Midland have been repetitive so long that I can no longer believe that anyone takes them seriously.
If you and others at the NRC worry about what shutting down Midland will do to the development of nuclear power more than what eventually will occur throughout the U.S. nuclear industry, if Consumers becomes the example to follow, then such persons should resign and join the industry, letting others more
, concerned with good government replace them.
I don't mind my principles losing in an honest adjudication.
I have no respect, however, when I or my clients' interest cagnot get a fair deal.
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