ML19337A479
| ML19337A479 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 09/24/1980 |
| From: | Paton W NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Bechhoefer C, Cowan F, Linenberger G Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OM, NUDOCS 8009290039 | |
| Download: ML19337A479 (3) | |
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g NUCLEAR REGULATORY COMMISSION 1 E WASHINGTON, D. C. 20555 o
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September 24, 1980 Charles Bechhoefer, Esq.
Gustave A. Linenberger Atomic Safety and Licensing Atomic Safety and Licensing Board Board U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 Dr. Frederick P. Cowan 6152 N. Verde Trail Apt. B-125 Boca Raton, Florida 33433 In the Matter of CONSUMERS POWER COMPANY (Midland Plc.m. Units 1 and 2)
Docket Nos.50-32c OM and 50-330 OM Gentlemen:
During the prehearing conference on September 10, 1980 at Midland, Michigan, Mr. Linenberger asked the Staff a question relating to the conclusion stated by the Staff at page 3 of the September 6,1979 Order Modifying Construction Permits that "the Staff does not have reasonable assurance that the affected safety-related portions of the Midland facility will be constructed and operated without undue risk to the health and safety of the public" (Tr. 272). Mr. Linenberger stated that he was trying to probe the basis for that conclusion - was it based on the fairly precise issue of soil settlement or was soil settlement an example of a general syndrome that the Staff saw and did not like which caused it to reach that conclusion?
(Tr. 272).
Part til of the December 6,1979 Order states the three bases on which the Staff issued the Order. They are: (1) quality assurance deficiencies involving the settlement of the diesel generator building and soil activities at the Midland site, (2) the false statement in the FSAR 1/and (3) the unresolved safety issue concerning the adequacy of the remedial action to corrected deficiencies in the soil construction under and around safety-related structures and systems.
1/ The word " material" was inadvertently omitted from this portion of the order.
As Part II of the Order indicates, the clause should read, "the material false statement in the FS.'.R".
i 8009200039 g
. s The sentence to which Mr. Linenberger's inquiry is directed is in Part
]
II of the Order. Part II is the portion of the Order which sets forth the facts which support the three bases set forth in Part III. The facts relating to the material false statement are set forth in Appendix B to the Order (which is referenced in the third paragraph of Part II). The remaining portions of Part 11 and Appendix A set forth the facts describing the quality assurance deficiencies involving the settlement of the diesel generator building and soil activities at the Midland site and the unresolved safety issue concerning the adequacy of the remedial action to corr et the deficiencies in the soil construction under and around safety related structures and systems.
The specific sentence referred to by Mr. Linenberger ] refers to "these 2
issues". "These issues" are the " safety issues" discussed in the immediately preceding sentence which addresses "the safety issues associated with remedial action taken or planned to be taken by the Licensee to correct the soil deficiencies".
i It should be noted that, as the Staff pointed out at the prehearing conference, the quality assurance issues in the instant proceeding are those relating to soils construction activities. (Tr. 269). With respect to determining the remedy for soil deficiencies, however, the issue of quality assurance imple-mentation with respect to the remedy arises, Consumers Power Company, (Midland Plant, Units 1 and 2), ALAB-106, 6 AEC 182 (1973). Evidence of past quality assurance performance is relevant to the question of whether there is reasonable assurance that an effective quality assurance program will be implemented with respect to soil-related corrective action. The re-quired finding on this remedialissue is whether there is *a reasonable assurance that the Applicant and its architect engineer will carry out the
[ quality assurance] program in accordance with its terms." ALAB-106, supra, 6 AEC at 184.
Sincerely,
tie j
l William D. Paton Counsel for NRC Staff cc: See page 3 2] 'Without the resolution of these issues the Staff does not have reasonably assurance that the affected safety-related portions of the Midland facility will be constructed and operated without undue risk to the health and safety of the public." December 6,1979 Order, p. 3.
, c cc: Frank J. Kelley, Esq.
Myron M. Cherry, Esq.
Ms. Mary Sinclair Michael 1. Miller, Esq.
Judd L. Bacon, Esq.
Ms. Barbara Stamiris Mr. Steve Gadler Mr. Wendell II. Marshall Mr. Michael A. Race Ms. Sandra D. Reist Ms. Sharon K. Warren Mr. Patrick A. Race Mr. George C. Wilson, Sr.
Ms. Carol Gilbert Mr. William A. Thibodeau Mr. Terry R. Miller Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Appeal Board Panel Docketing and Service Section i