ML19343A609
| ML19343A609 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 11/12/1980 |
| From: | Farnell A CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE |
| To: | NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| References | |
| ISSUANCES-OL, ISSUANCES-OM, NUDOCS 8011190126 | |
| Download: ML19343A609 (9) | |
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1 UNITED STATES OF AMERICA Ctrq g g NUCLEAR REGULATORY COMMISSION q
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Before the Atomic Safety and Licensing Board g
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In the Matter of
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Docket Nos. 50-329-OL
)
50-330-OL CONSUMERS POWER COMPANY
)
50-329-OM
)
50-330-OM (Midland Plant, Units 1 and 2)
)
)
CONSUMERS POWER COMPANY'S FIRST SET OF INTERROGATORIES TO THE NUCLEAR REGULATORY COMMISSION STAFF Consumers Power Company
(" Consumers" ) hereby requests the Nuclear Regulatory Commission ("NRC"), or the appropriate NRC persoinel, to answer separately and fully in writing, under oath or affirmation, each of the following interrogatories.
INSTRUCTIONS AND DEFINITIONS 1.
Information sought in these Interrogatories shall include informatien within the knowledge, possession, control or access of any NRC personnel, as defined herein.
2.
Whenever appropriate, the singular form of a word shall be interpreted as plural and the masculine gender shall be deemed to include the feminine.
3.
As used in these Interrogatories, the term "and," as well as "or,"
shall be construed either disjunctively or conjunctively as necessary to bring within the scope of SQ 1In 95 g9190 \\
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these Interrogatories any information which might otherwise be construed to be outside their scope.
4.
As used in these Interrogatories the term
" Staff" includes all the NRC personnel and all consultants and other personnel assisting the NRC and its consultants in reviewing Consumers' requested amendments to its application for construction permits and operating licenses regarding soils matters and in preparing for the OM proceeding.
5.
As used in these Interrogatories the term
" request" includes an original request and any subsequent modifications.
6.
As used in these Interrogatories the term
" communication" includes an original communication and any subsequent modifications.
7.
As used in these Interrogatories the term
" order" means the December 6, 1979 order modifying construction permits.
8.
As used in these Interrogatories the term
" identity of the communication" means:
(a) with respect to an oral communication to identify the persons making and receiving the communication, the date, place of communication and to set forth in detail the substance thereof; (b) with respect to a written communication to state the date, author, recipient and to set forth in detail the substance thereof.
l 9.
As used in these Interrogatories the term
" identity of the request" means:
(a) with respect to an oral request to identify the persons making and receiving the request, the date, place of request and to set forth in detail the substance thereof; (b) with respect to a written request to state the date, author, recipient and to set forth in detail the substance thereof.
INTERROGATORIES 1.
Define " acceptance criteria," as that term is used at page 3 of the Order.
2.
Stat.e which "of the Staff's requests were directed (as of or before December 6, 1979] to the determination and justification of acceptance criteria to be applied to various remedial measures taken" (Order at page 3) and which portion of each request was so directed.
3.
State and explain the reasons why "such (acceptance criteria], coupled with the details of the remedial action, are necessary for the Staff to evaluate the technical adequacy and proper implementation of the proposed action."
(Order at page 3.)
4.
State and explain the beais for the statement, at page 3 of the Order, that "the information provided by the licensee fails to provide such criteria."
(Acceptance criteria. ) ' (Order at page 3. )
5.
State with particularity each item of information the Staff requested up and until December 6, 1979 with regard to acceptance criteria.
6.
With regard to each item of information identified in response to interrogatory 5, state: (a) the identity of the request; (b) whether Consumers responded to that request; (c) the identity of the communication that the Staff considered Consumers response to the request; (d) whether the Staff considered the response adequate; (e) the identity of the communication by which the Staff communicated its position as to the adequacy or inadequacy of the response; (f) the basis for the Staff's position regarding adequacy or inadequacy of Consumers response; and (g) the Staff personnel responsible for determining whether Consumers' response was adequate or inadequate.
7.
State with particularity each item of informa-tion the Staff requested after December 6, 1979 with regard to acceptance criteria.
8.
With regard to each item of information identified in response to interrogatory 7, state: (a) the identity of the request; (b) whether Consumers responded to that request; (c) the identity of the communication that the Staff considered Consumers response to the request; (d) whether the Staff considered the response adequate; (e) the identity of the communication by which the Staff communicated its position as to the adequacy or inadequacy of the response;
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(f) the basis for the Staff's position regarding adequacy or inadequacy of Consumers response; and (g) the Staff personnel responsible for determining whether Consumers' response was adequate or inadequate.
9.
Excluding the information provided in response to interrogatory 5, state with particularity each item of information the Staff felt was necessary, as of December 6, 1979, for Consumers to provide in order for the Staff to have concluded that "the safety issues associated with remedial action taken or planned to be taken by the licensee to correct the soil deficiencies will be resolved."
(Order at page 3.)
10.
For each item of information set forth in response to interrogatory 9, state (a) whether the Staff had requested consumers to provide such information; (b) the identity of each request by the Staff to Consumers; (c) the identity of the communication that the Staff considered Consumers' response to the request; (d) whether Consumers' response was deemed adequate by the Staff; (e) the identity of the communication by which the Staff's evaluation of Consumers' response was communicated to Consumers; (f) the basis for the Staff's position regarding adequacy or inadequacy of Consumers' response; and (g) the Staff personnel responsible for determining whether Consumers' response was adequate or inadequate.
11.
Excluding the information provided in response _, _
to interrogatory 7, state with particularity each item of information the Staff feels, as of the date of answering this interrogatory, is necessary for Consumers to provide in order for the Staff to conclude that "the safety issues associated with remedial action taken or planned to be taken by the licensee to correct-the soil deficiencies will be resolved."
(Order at page 3.)
12.
For each item of information set forth in response to interrogatory 11 state: (a) whether the Staff had requested Consumers to provide such information; (b) the identity of each request by the Staff to consumers; (c) the identity of the communication that the Staff considered Consumers' response; (d) whether Consumers' response was deemed adequate by the Staff; (e) the identity of the communication by which the Staff's evaluation of Consumers' response was communicated to Consumers; (f) the basis for the Staff's position regarding adequacy or inadequacy of Consumers' response; and (g) the Staff personnel responsible for determining whether Consumers' response was adequate or inadequate.
13.
State with particularity each acceptance criteria which Consumers Power Company had up until December 6, 1979 provided to the Staff.
14.
As of December 6, 1979 with regard to each criteria identified in your answer to interrogatory 13 state whether Consumers had submitted sufficient infot.aation to..
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justify each acceptance criteria.
If Consumers had not submitted sufficient information, state with particularity which information Consumers had failed to supply.
15.
Excluding the acceptance criteria identified in response to interrogatory 13, state with particularity each acceptance criteria which Consumers has to date provided to the Staf f.
16.
With regard to each criteria identified in your answer to interrogatory 15 state whether consumers has submitted sufficient information to justify each acceptance criteria.
If Consumers has not submitted sufficient informa-tion, state with particularity which information Consumers has failed to supply.
17.
Explain and provide the basis for the statement at page 2 of the Order that "This statement is material in that this portion of the FSAR would have been found unacceptable without further Staff analysis and questions if the Staff had known that Category I structures had been placed in fact on random fill rather than controlled compacted cohesive fill as stated in the FSAR."
Respectfully submitted, b.
Alan S.
Farnell Counsel for Consumers Power Company ISHAM, LINCOLN & BEALE One First National Plaza Suite 4200 Chicago, Illinois 60603 312/558-7500 f
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board
)
In the Matter of
)
)
CONSUMERS POWER COMPANY
)
Docket Nos. 50-329-OM
)
50-330-OM (Midland Plant, Units 1 and 2)
)
50-329-OM
)
50-330-OM
)
CERTIFICATE OF SERVICE I, Alan S. Farnell, hereby certify that a copy of Consumers Power Company's First Set of Interrogatories to the Nuclear Regulatory Commission Staff was served upon all persons shown in the attached service list by deposit in the United States mail, first clasu, this 12th day of November, 1980.
M-Alan S. Farnell l
I I
SERVICE LIST I
Frank J. Kelley, Esq.
Steve Galdler, Esq.
Attorney General of the 2120 Carter Avenue State of Michigan St. Paul, Minnesota 55108 Stewart H. Freeman, Esq.
Assistant Attorney General Atomic Safety & Licensing Appeal Panel Gregory T. Taylor, Esq.
U.S. Nuclear Regulatory Commission Assistant Attorney General Washington, D.C. 20555 Environmental Protection Div.
720 Law Building Mr. C. R. Stephens Lansing, Michigan 48913 Chief, Docketing & Service Section office of the Secretary Myron M. Cherry, Esq.
U.S. Nuclear Regulatory Commission One IBM Plaza Washington, D.C.
20555 Suite 4501 Chicago, Illinois 60611 Ms. Mary Sinclair 5711 Summerset Street Mr. Wendell H. Marshall Midland, Michigan 48640 RFD 10 Midland, Michigan 48640 William D.
Paton, Esq.
Counsel for the NRC Staff Charles Bechhoefer, Esq.
U.S. Nuclear Regulatory Commission Atomic Safety & Licensing Bd. Pnl.
Washington, D.C.
20555 U.S. Nuclear Regulatory Com.
Washington, D.C.
20555 Atomic Safety & Licensing Board Panel U.S. Nuclear Regulatory Commission Dr. Frederick P. Cowan Washington, D.C.
20555 6152 N. Verde Trail Apt. B-125 Barbara Stamiris Boca Raton, Florida 33433 5795 North River Road Route 3 Mr. Gustave A.
Linnenberger Freeland, Michigan 48623 Atomic Safety & Licensing Bd.
U.S. Nuclear Regulatory Com.
Sharon K. Warren Washington, D.C.
20555 636 Hillcrest Midland, Michigan 48640 Carroll E. Mahaney Babcock & Wilcox P. O. Box 1260 Lynchburg, Virginia 24505 James E.
Brunner, Esq.
Consumers Power Company 212 West Michigan Avenue Jackson, Michigan 49201 I
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