ML19338C107
| ML19338C107 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 02/08/1974 |
| From: | Scoville L BECHTEL GROUP, INC., CLARK, KLEIN, WINTER, PARSONS & PREWITT |
| To: | |
| Shared Package | |
| ML19338C102 | List: |
| References | |
| NUDOCS 8007310683 | |
| Download: ML19338C107 (8) | |
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. UNITED STATES OF AMERICA FEB131974> C--
ATOMIC ENERGY CO:CIISSION S-ern,,,, n, %
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In the Matter of-CONSUMERS POWER COMPANY Construction Permit Nos. 81 and 82 MIDLAND PLANT UNITS 1 and'2
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PETITION TO INTERVENE Petitioners BECHTEL POWER CORPORATION and its affiliate BECHTEL ASSOCIATES PROFESSIONAL CORPORATION (hereinafter collectively referred to as "BECHTEL"), by their attorneys, CLARK, KLEIN, WINTER, PARSONS & PREWITT, hereby petition for leave to intervene and to participate as a party in thic proceeding pursuant to Section 2.714 of the Atomic Energy Commission's Rules of Practice, and the provisions of the Public Notice published in the Federal Register on January 23, 1974 at page 2619, and in support of the Petition, state as follows:
I.
IDENTIFICATION OF PETITIONER AND ITS INTEREST TO BE AFFECTED.
1.
BECHTEL is one of the world's largest engineer-constructors of-nuclear power plants, industrial ~ and other facilities and in the develop-1 ment.of. natural resources.
It has been actively engaged in the study, design, and construction of nuclear installations and has broad experience in pro-~
viding-engineering, construction, quality assurance and quality control services. for numerous nuclear and fossil power generating units.
BECHTEL 80.07310[ab6
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- has,- by its: contract with CONSUMERS POWER COMhANY (" CONSUMERS"), direct 4-
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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.
2.
Without question BECHTEL has a vital-interest in this pro-
.ceeding in view.of its position as engineer-corstructor for Units 1 and 2,
. l and has a direct pecuniary interest in the prompt. resolution of issues.
raised during'these proceedings. 'Also of great significance to EECHTEL is the correct representation and interpretation of its construction techniques,
- Quality Assurance Program, and the maintenance of its established reputation in the nuclear industry. Thus, BECHTEL,may be adversely affected by any delay in the proceedings, by revocation. of the construction permits, by any conditions imposed against the construction permits, and by any allegations adverse to BECHTEL's quality Assurance Program or its reputation.
It is these interests which BECHTEL believes must be protected through interven-iica as a party in these proceedings.
II. - STATEMENT OF COliTENTIONS.
3 BECHTEL desires to participate as a party to assist in develop-ing.a sound record with respect to any issues adverse to the continuation of Construction Permits Nos. 81 and 82, to the extent that such issues relate to thel performance and reputa*., ion:of BECHTEL and its technical qualification to continue'to provide and implement its. quality assurance for the proposed
- facilitie's in-compliance with Commission regulations.
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(l,' 3., Theitrectoriof Regulatory Operatior. /(DRO), on December 3, 2
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1973, ihsued an " Order to Show Cause" d.ir'ecting COUSUMERS to show cause
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- why all. activities under~.the~ construction permits should not be suspended
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-pending a showing by'CONEUMERS that it was implementing its Quality.-
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( Assurance. Program,in compliance with the._ Commission's regulations, and that-there:vas reasonable assurance that such compliance will' continue throughout the construction process. The Order to Show Cause presents
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-several allegedicontentions and makes reference to further allegations.
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! contained'in ai etter written by the-Atomic Safety and Licensing Appeal
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.Boardito the'DRO on November 26, 1973 These allegations, if allowed as
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contentions, relate. directly to BEChTEL inasmuch as BECICEL is providing -
. a substantial portion of the Quality Assurance and Quality Control for-the facilities, including quality assurance and quality control items referred to in the Order to Show Cause, letter, and DRO Inspection Reports.-
It is BECHTEL's contention that the allegations contained
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.in'the-Order to Show Cause and the DRO. letter do not support the conclusion Lthat the,re-were s'ignificant deficiencies in t,he implementation of its Quality.
4 Assurance Progiam or that of CONSUMERS; that they_ do not ' support the conclu-I
-sion that'either BECHTEL or CONSUMERS are not implementing their Quality
-Assurance Programs"in compliance with evolving AEC regulations, codes,'and.
interpretations;.and that they do not provide any indication that either-
.BECHTEL orl CONSUMERS..will fail to continue proper implementation-of their (Quality Ass'urance[ Programs throughbut the construction process.
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- It is.the further contention of BECHTEL that its Quality H
- - Assurance. and qual' ty Control Programs have been _ implemented in accordance
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- ,with evolving AEC c'oden, regulations;and interpretations, and, thatLthere o
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_is reasonable : assurance that such implemeiltation will continue throughout.
the construction process.
- 5. : At this time, it'is: impossible for'BECHTEL to itemice any further specific contentions which it may desire to make in these pro-ceedings other than to state that it desires.the opportunity to negate any. proper contentions adverse to the continuation of Construction Permits Nos. 81 and 82 which are made by other parties to the proceeding and which relate to the work product and reputation of. BECHTEL and its technical
. qualification to provide and continue to previde proper implementhtion of its Quality Assurance Program for the proposed facilities.
III.
CONCLUSION AND REQUEST FOR RELIEF.
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- 6. ' Based upon the foregoing, BECHTEL respectfully requests that
.it be' permitted to intervene asiparty in this proceeding and that the i
construction permits.be continued-in their present form.
Respectfully submitted, CLARK, KLEIN, WINTER, PARSOUS & PREWITT Laurence M. Scovill'e, Jr.-
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A Individually, and for the Firm 1600 First Federal-Building Detroit,. Michigan 48226' i.
Tel: '(313) 962-64 2 9
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Attorneys for 'Bechtel' Power Corporation -
r and Bechtel Associates Professional Corporation.
I' Dated:
February 8, 1974 l
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. STATE OF MICHIGAN.
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COUNTY OF WASH 7ENAW' ).
- I, PHILIP A. MARTINEZ, a Project Engineer for Midla'd Plant n
l Units 1 and 2'for Petitioner, Bechtel' Associates Professional Corporation.
I have knokledge 'of the factual matters contained in the foregoing Petition for Intervention and believe all statements made therein to be true to -the best of my knowledge and belief.
I am authorized to sign
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. this affidavit and make it on' behalf of Bechtel Associates Profe,ssional Corporation.
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I Philip A. F.artinez Subscribed and sworn to before me, a Notary Public, in and for said County day of..,
- and State, this 1,
A.D., 1974
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Notary Public, Washtenaw County, Mich.
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My Co= mission expires:
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- COUNTY OF WASHTDTAW )
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M.~ KROUT, am Project Manager-for the Petitioner, Bechtel Power Corporation.
I have knowledge of the factual catters contained in the foregoing Petition for Intervention and believe all statements made-therein to be true to the best of my knowledge and belief.
I am authorized to sign this affidavit and make it on behalf of the Bechtel Power Corporation.
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M. M. Krou { ) " ~'
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Subscribed.and sworn to before me,.a-Notary Public, in'and for said County.
and State, this ' !/
day of_ Jz/ m A.D., 1974.
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Notary Public, Washtenaw County, Mich.
My Commission expires:,rt.,j p jp v4/
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UNITED STATES OF AMERICA
~ ATOMIC ENERGY COICIISSION In the Matter oi" CONSUMERS POWER COMPANY, Construction Permits MIDLAND PLWT Nos. 81 and 82 d
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UNITS 1 and 2 DOCIETED
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9 GEC gs FEB 13 1974 >,--
APPEARANCE cy:s er tr.: emm Jg h:"o 7.:nfi:::
s..:a TO TbE ATOMIC E'TERGY COIC:ISSION:
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Co l I ro Our Appearance as attorneys for Bechtel Power Corporation, 50 Beale Street, San' Francisco, Ca.lifornia, and 3echtel Associates Professional Corporation, 3861 Research Park Drive, Ann Arbor, Michigan, is hereby filed.
We are attorneys-at-law in good standing, each admitted to practice before the Suprene Court of Michigan, the highest court of the State of Michigan.
CLARK, KLEIN, WINTER, PARSOUS & PREWITT
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.s By: -Laurence M. Scoville, Jr.
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Richard C. Marsh 0
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' P.' Robert lirown, Jr.
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l Individually and for the Firm 1600 First Federal Building 1001 Woodward Avenue Detroit, Michigan 48226 (313) 962-6492,
. Dated:' February'll, 197*
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' UNITED ' STATES OF AMERICA ATOMIC ENERGY COMMISSION In:the Matter of
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CONSUMERS POWER COMPANY
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Construction Permit
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Nos. 81 and 82 (Midland Plant, Units 1 and 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of the attached " Petition to Intervene", dated February 8, 1974, in the above-captioned matter, have -
.been served on the following in person or by deposit in the United States c: ail, first-class, or airmail, this lith day of February,1974.
Secretary U. S. Atomic Energy Co:maission Attn:
Chief,.Public Proceedings Branch Washington, DC 20545 Chief Hearing Counsel Office of the General Counsel, Regulation
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U. S. Atonic Energy Corrd.ssion Washington, DC 20545 Harold-F. Reis, Esq.
Newman,.~Reis & Axelrad 1025 Connecticut A. venue, NW Washington, DC 20036
. Myron M. Cherry, Esq.
One IBM Plaza 1
. Chicago, IL 60511 4
.e Milton R. Wessel
'Kaye,Scholer, Fierman, Hayes & Handler
'425 Park' Avenue New York,- NY 10022 l
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Laurence M. Scoville, Jr.
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