ML19331A572

From kanterella
Jump to navigation Jump to search
Discusses Lm Scoville 750114 Ltr Re Facility Cutback in Engineering & Const Activities.Requests That ASLB Reopen Record in Light of Qa/Qc Questions Raised in Lm Scoville Ltr
ML19331A572
Person / Time
Site: Midland
Issue date: 01/25/1975
From: Cherry M
CHERRY, M.M./CHERRY, FLYNN & KANTER
To: Glaser M
Atomic Safety and Licensing Board Panel
Shared Package
ML19331A563 List:
References
NUDOCS 8007180657
Download: ML19331A572 (3)


Text

.,h .

( )

v

+

LAW OFFiC ES MYRON M. CHERRY ONCl3M PLAZA CHICAGO. ILI.INots 6o611 8312) S 6 5 1177 January 25, 1975 Mr. Michael Glaser Chairman Atomic Safety & Licensing Board 1150 - 17 th S treet , N.W.

Washington, D.C. 20036 Re: Midland Plant, Units 1 and 2, Construction Permit Mos. 81 and 82 (Show Cause)

Dear Mr. Glaser:

.I have recently received a copy of a letter dated January 14, 1975 from Mr. Scoville to you forwarding certain papers in the Palisades litigation. In Mr. Scoville's letter is a statement acoearing at the bottom of pace one and at the top of page two that the Midland plant has suffered "a cub-stantial cutback in engineering and construction activicies" because of a lack of available funds. Mr. Scoville's lettcr suggests that while this could have some impact on QA-QC, he has been " advised that these reductions and changes will have no adverse impact on the quality assurance efforts set forth in Bechtel's testimony." And as if to make the circle complete, Mr. Scoville then admits that he does not have sufficient informa-tion on the cutbacks to make an informed judgment.

Several things are clear:

1. The chief QA-QC participant (Bechtcl) has indicated that there is, as a result of lack of funds, a reduction of per-sonnel and a transfer of certain functions;

~

2. Bechtel's lawyers themselves raise the question of the relationship between those cutbacks and reduction of the adequate QA-QC performance at Midland, as well as the continued viability of Bechtel's testimony in the Show Cause proceeding; and
3. No information is made available to determine whether Mr. Scoville's " advice" is accurate or indeed whether because of the chang 2s and reduction, Sechtcl's testimony at thc Midland pro-ceeding has .ou ceen overtaken by events.

8007180 57

~ ~

Page Two Mr. Michael Glaser January 25, 1975 .

The question of monetary limitations which adversely affects the building of a nuclear power plant is, of course, precisely the kind of issue which is inherent in the pending proceedings. We do not see how the Board can fail to reopen the record now in light of the admission of Mr. Scoville. Certainly before any decision adverse to the reopening of the record can be made, all parties must be advised of what is lurking behind Mr. Scoville's statements. Since Mr. Scoville's statements raise the distinct possibility that work is proceeding at Midland with-out adequate funds or personnel relative to QA-QC, we do not see how the Board can continue to delay its decision on reopening while permitting construction to proceed.

We believe Mr. Scoville's letter has tendered an admission which requires the Board to issue an order to have Bechtel demonstrate whether its prior testimony has validity at this time. We do not believe the Board can ignore this informa-tion and we trust that it will not.

Under date of January 17, 1975, the Regulatory Staff filed supplemental papers. These papers suggest that the Board should not reopen tia record, because the charges made in Nucleonier Meek have now been resolved. We have the following comments to maue:

1. Ucr motion to reopen the record was not based upon the Nucleonics Meek charges, but rather the Palisades lawsuit;
2. Contrary to the statement made by the Staff that "the investigation is now complete", the Keppler letter attached to the Staff's supplemental response indicates that the AEC could not complete the investigation because the employees wnich made the allegations were afraid of losing their jobs. The l Staff's statement that the allegations have not proven to be of substance is a misstatement of what actually transpired.

We have choJe to communicate with you and the other members of the Board by letter in view of the fact that Bechtel's counsel.did so and in view of the further fact that the Regula-tory Staff's filings were not accompanied by motions for leave to file. Accordingly, we believe our correspondence is appro-priate since the other parties are doing so as well.

's Sincerely, .

/

I (l lf.l [7

/ /L MMC:KK MyronjM.~ Cherry' c.c. Mr. Lcster Kornblith, Jr.

Mr. Emmeth A. Luebke Mr. Michael I. Miller Mr. James P. Murray, Jr.

Mr. Angelo Giambusso Mr. James Keppler

v

, . NRC DISTRidUTION FOR PART 50 DOCKET MA _ RIAL (TEMPORARY FORM) 1150

- CONTROL NO:

FILE:

FROM::!yron it. Cherry DATE OF DOC DATE REC'D LTR TWX RPT OTHER Chicar.o. Ill. 60611 1-25-75 1-29-75 X TO: ORIG CC OTHER SENT AEC PDR XXX A. Gianbusso 1 signed '7#

SENT LOCAL PDR CLASS UNCLASS PROPINFO INPUT NO CYS REC'D DOCKET NO:

XXX 1 50-155/255 330 DESCRIPTION: ENCLOSURES:

Ler concerninr: the financial neatus of the Consuners Po.cr Conpany........

l'OTE: This document tras also controlled by

!J. Cro f f. . . .tr/ Action to t'.iar busso .

DIST PER Lor:/d PLANT NAME: Palisaden, Big Rock Point &

ttidiand FOR ACTION /INFORMATION 2-?;-73 r, BUTLER (L) /SCHWENCER (L)dlEMANN (L) REG AN (E)

W/ Ccpbs W// Cophs W// Copies W/ Copies CLAR K (L) STO LZ (L) DICKER (E) LE AR (L)

.'$_COPl*S Y/I_Copres , ,

W/ Cenies ,,, _W[ Copies c n.... m, . c.c.;,, w . t. ; .u..u.....ic, o.m:.,

W/ Copias W/ Cootcs W/ Cocies W/ Copics KNIEL (L) # PURPLE (L) YCUNG3LOCD (E)

W/ Copies W/lCopies W/ Copies W/ Copies INTERNAL DISTRIBUTION TECH REVIEW DENTON LIC ASST AiT IND N' NRC POR.Z "' dSCHROEDER

' GRIMES R. DIGGS (L) BRAliMAN

/OGC, ROOM P 506A MACCARY GAMMILL H. GE ARIN (L) SALTZMAN GOSSICK/ STAFF KNIGHT KASTNE R E. GOULBOURNE (L) / MELTZ r CASE PAWLICKl BALLARD P. KREUTZER (E)

GIAMBUSSO SHAO SPANG LER J. LEE (L) PLANS SOYD STELLO M. MAiGRET (L) MCDONALD MOORE (L) HOUSTON ENVI RO_ S. REED (E) CHAPMAN DEYOUNG (L) NOVAK MULLER M. SERVICE (L) DUBE (Ltr)

/ SKOVHOLT (L) ROSS DICKER S. SHEPPARD (L) E. COUPE GOLLER (L) (Ltr) IPPOLITO KNIGHTON M. SLATER (E) PETERSON P. CO LLINS TEDESCO YOUNG BLOOD H. SMITH (L) HARTF! ELD (2)

DENISE LONG REGAN S. TEETS (L) KLECKER R._E G O P R_ LAIN AS PROJECT LDR G. WILLI AMS (E) EISENHUT l FILE & REGION (2) BENAROYA V. WILSON (L) WIGGINTON l T.R. WILSON VOLLMER HAR LESS R. INGRAM (L)

STEELE EXTERN AL DISTRIBUTION // . ')

V31 --TIC LOCAL PDR (1)(2)(10)

(ABERNATHY) N #I***M A'd> ULABS

- NATIONAL * *

  • AY N'*U " S 'I"d*1 - PD R-SAN /LA 1 - NSIC (BUCHAN AN) 1 - W. PENNINGTCN. Rm FOO1 GT 1 - BROOKHAVEN NAT LAB 1 - ASLB 1 - CONSU LTA"TS 1 - G. ULP!KEON. C RN L i 1 - Newton Anderson NEWM ARK /BLUME/AGBAEI AN 1 - AGMED (RUTH GUSSM AN)-

- ACRS HOLDING /SENT Rm B-127 GT 1 - J. D. RUNKLES, Rm E 201 GT l l

, . . _ .