ML19331B011
| ML19331B011 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 02/20/1974 |
| From: | Jenny Murray US ATOMIC ENERGY COMMISSION (AEC) |
| To: | |
| References | |
| NUDOCS 8007250696 | |
| Download: ML19331B011 (3) | |
Text
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YC1 LOW UNITED STATES OF AMERICA g-gg
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ATOMIC ENERGY C0tetISSION D
BEFORE THE AT0ftIC SAFETY AND LICENSIflG BOARD In the Matter of ct n ermit CONSUMERS POWER COMPANY h[t (Midland Plant, Units 1 and 2)
)
ANSWER TO BECHTEL INTERVENTION PETITION Bechtel Power Corporation and its affiliate Bechtel Associates Professional Corporation (hereinafter referred to collectively as "Bechtel") filed a petition under 10 CFR 2.714 to intervene in this proceeding on February 11, 1974. The Bechtel petition responds to an invitation set forth in the Commission's Notice of Hearing on Order to Show Cause of January 21, 1974 (39 F.R. 2619).
In support of its intervention petition Bechtel states, inter _ alia, that under its centract with Consumers' Power Company (hereinafter the " licensee") it bears " direct responsibility for the design and construction of the Midland Plant, Units 1 and 2, including the implementation of a substantial portion of the Quality Assurance performed on the project pursuant to its Quality Assurance Program."
(Petition, p. 2.)
In its capacity as a major contractor of the licensee for a number of activities under these construction permits, Bechtel appears to have a significant interest in the resolution of the quality assurance issues which are the subject of this show cause proceeding. However, in the Staff's view Bechtel's intervention should not be unconditional for the reasons which follow.
.I
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. Under 10 CFR, Part 50, Appendix 3 - Quality Assurance Criteria for Nuclear Power Plants and Fuel Reprocessing Plants, it is clear that although a licensee "may delegate to other organizations the work of' establishing and executing the quality assurance program, or any part thereof," nevertheless, in the final analysis, the licensee must still " retain resp,nsibility" for Q/A programs.
(Paragraph I.) Thus, it is the licensee, and not Bechtel who bears the ultimate responsibility for quality control. This, of course, does not operate completely to subsume Bechtel's separate interests in the issues before the Board. However, it does, we submit, present a situation for invoking those portions of 10 CFR 2.714(e), which allow orders granting intervention to be appropriately conditioned "in the interests of:
(1) Restricting... dupl':itive, or repetitive evidence and argument,..." The substantial identity of interests of Bechtel and the licensee warrant the imposition of a general condition on any intervention permitted Sechtel to the effect that Bechtel shall not duplicate evidence or argument of the licensee.
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Subject to such a condition, the Staff interposes no objection to the Bechtel petition.
Respectfully submitted, James P. Murray, Jr.
Counsel for AEC Regulatory Staff Dated at Bethesda, Maryland this b day of February,1974.
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It is noted that under 10 CFR 2.757(c) the Board has appropriate authority to control " repetitious, or cumulative cross-examination,"
a matter which is also of concern in the situation here presented.
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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION
~ BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of Con t ction Permit CONSUMERS POWER COMPANY (Midland Plant, Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of " Answer to Bechtel Intervention Petition" dated February 20, 1974 in the captioned matter have been served on the following by hand delivery or by deposit in the United States mail, first class or air mail, this 20th day of February,1974:
Michael Glaser, Esq., Chaiman Milton R. Wessel, Esq.
Atomic Safety and Licensing Board Kay, Scholer, Fierman, Hays and 1150 - 17th St., N.W.
Handler Washington, D.C.
20036 425 Park Avenue New York, New York 10022 Mr. Lester Kornblith, Jr.
Atomic Safety and Licensing Board James N. O' Conner Panel The Dow Chemical Company U.S. Atomic Energy Comission 2030 Dow Center Washington, D.C.
20545 Midland, Michigan 48640 Dr. Emmeth A. Luebke Myron M. Cherry, Esq.
Atomic Safety and Licensing Board Jenner and Block Panel One IBM Plaza U.S. Atomic Energy Commission Chicago, Il'inois 60603 Washington, D.C.
20545 Atomic Safety and Licensing _ Appeal Secretary Board U.S. Atomic Energy Comission U.S. Atomic Energy Comission ATTN: Mr. Frank W. Karas Washington, D.C.
20545 Chief, Public Proceedings Staff Washington, D.C.
20545 Laurence M. Scoville, Jr.
Clark, Klein, Winter, Parsons &
Harold Reis, Esq.
Prewitt Newman, Reis and Axelrad 1600 First Federal Building 1025 Connecticut Avenue, N.W.
1001 Woodward Avenue Suite 1214 Detroit, Michigan 48226 Washington, D.C.
20036
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/ James P. Murray, Jr. Counsel for AEC tory Staff O9