ML19344A111

First Set of Interrogatories Directed to Applicant.Discusses Compliance W/Qa Regulations & Requests Info Re Procedures & Responsible Personnel.Certification Encl

ML19344A111
Person / Time
Site:	Midland
Issue date:	04/22/1974
From:	Cherry M CHERRY, M.M./CHERRY, FLYNN & KANTER, Saginaw Intervenor
To:	CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), Atomic Safety and Licensing Board Panel
Shared Package
ML19344A096	List: ML19344A095 ML19344A100 ML19344A104 ML19344A108 ML19344A111
References
NUDOCS 8007310615
Download: ML19344A111 (14)

Text

. . .

-g

L) uuuUtm..sual}r PROD. S U1% EAC.14_ A

.glg$ y, ~

~Q DCCKETED 1 April 22, 1974 t:in 6' APR O S 1974:* 4 UNITED STATES OF AMERICA .,,

c5 ATOMIC ENEROY-COMMISSION ti :.

0,

/~

BEFORE TIIE ATOMIC SAFETY AND LICENSIt!G BOARDi 4  % A@

\

In t$1e Matter of )

)

CONSUMERS POWER COMPANY ) Construction Permits Nos. 81

) 82 (Midland. Plant, Units 1 and 2) )

FIRST SET OF INTERROGATORIES DIRECTED TO CONSUMERS POWER COMPT.NY Pursuant to Section 2.740b, Consumers Power Company is requested to answer the followincj inte'rrogatorics timely, separ-

- i ately, in writing and under oath. .

i D'EFINITIONS

1. As used in thes'c. interrogatories the word document, documentary information, or word of similar import is to be inter-proted in the broadest possible mann ar and is . to' include, with-

~

.o, '

t limitation, documents, writings, reports,_ studies, analysos,

- memora rida , communientions,' letters, summaries e reports _of telc-1 phonc conversations -or meetings and as to cach o C theno ca tegorien, j

e 4 6 9 80l0_7310MTI g c-

4 0 :.  :, _

' ~

. t

~ .

whether draft or, final, D formal' or . informal, ' accepted or rejeceed, typc'd or mimcographed or xeroxed, handwritten, and is also to in- ,

. clude copics', however reproduced, of all such~ categories.

+

2. In connection with your answer to cach category, and un.less the facts are stated in your' answer, include within your

' answer the facts upon which you rely for -your answer. This direc-

.tive is meant to preclude asswering any interrogatories with "yes" or "no" and requests.that you set forth the facts upon w'ich

~

h you base any 'such answer. I'nless otherwisc stated, each answer calling for infonnation concerning Consumcrs Power Company is intended to call for information concerning cach of its acti vities which arc or may be subject 1to' regulation by the Atomic Energy Commission.

In tNe event that you object to providing information for other-

,than

the Midland power. facility, please supply the informationL for'thc Midland-facility and state your reasons you believe infor-

'mation as to ' uig Roch, Palisade:$, Fermi ~-l 'and : Quanicassec are not

= rolevant .or. appropriate to -the issues which are subjects to this proceeding. In connection with lthe answerf to- cach of these inter- f lj

~ '

' mi p- -

i L

J i

(-

4 . . ..

l- .

i

/.

rogatories, . identify the, names and' addresses of persons having .

~

kr.swledge -of tlic facts . set forth (if different) . . the namos and a .

L addresses of persons who participated in the preparatioYts of or- <

L v

prepared each of said answers.- -

L -

L .

INTERROGATORIES'-

l. -

[ .l. . Identify each' document whether' internal to your Com -

l- or suspected violation pany.;or- not' which relates to or discusses any violation /of any Commission regulations for each of your. facilities. This interro-l

~

g tory ~is intended to solicit identificat' ion of. documents which relatCto or, discusses .an acknowledged violation, an incident which i

I L youfnow (but carlier did not) believe was a' violation and an inci- -

l l dent which you may have. conclude'd was not a violation but as to l

~

Lwhich consideration on.that-issue was had.

r .

?2.: l Identify the' procedure 1by.whi.ch Mr. Youngdahl-or any- .

Eof his ; subordinates reviews quality assurance ~ matters, including but'not.; limited to-meetings andLreceipt'or-review of intercompany-

~

1

correspondence.: . IfLthe procedure now in existence is different Y

i from the:procedurelin~~cxistenceiany.. time during the year 1973',.

describeJthe! differences.:. -

1 L , . ~l

.]

<+ _~

9

_.c --

1. . , - .

.. 4

, ,_ ., ', . J. ,, . . _ - , , ,.;., ._  % ; . ., ._ , , , , ; 4'.;

Y .

4 f

i l

t i.

_3, Define the words " compliance with quality assurance l

l regulations" as those words arci employed _ and _as you understand them-in the Commission's-Show cause order in this proceeding. In-

- clude with your answer each- fact which you _ claim must exist in order to conclude that compliance with quality assurance regula- i I ,tions exists. .

' 4 ., nave you concluded that consumers Powcr company is in compliance with quality assuranco regulations concerning each of its facilitic's. If 'you have, please set forth the regulations l

with which you assert-that consumers Power Company is in compliance i

, and . state cacht fact upon which you base your- judgment.

I i .

l 5. - Have you. ever concluded that Consumers Power Company -

[- is not in compliance with1 Quality Assurance regulations in con-i.

l nection' with any of its facilities. If so, please set 'forth each' r

fact -upo'nf which you. base yo'ur judgment together withL each relevant-

~

L ,

regulation,.

L 6.- Have youl concluded that there is reasonable assuranco i'

l i that ? consumers: Powcr Company will bo. able - to comply with quality assurance ~regulatidns through the construction ' process in Midland.

F e

l

_M M

' If you have, please state each fact upon which.you base your con-clusion. Include within your answer whether you have considered the activitics of Con'sumers Power Company at any of its other facil-

' inics and if not, state why not.

7. Itavc you cver concluded that there is no reasonable

~

assurance that Consumers Power Company will comply with quality assurance regulations during the construction of -the Midland facil-ity. If so, please set forth each fact upon which you base your answer. In connection with your answer, state-whether you have l

ever considered in connection'* with your conclusion any activities 1

of Consumcrs Powcr Company at any other facility and if not, state.

why not.

'8. In your judgment, which of the following is respon-sible for assuring reasonable assurance with Q.A.-Q.C. regulations ,

~

at the Midland plant facility:

(a) Consumers Power Company; 4

(b) Certain named individuals at Consumers y

Power Compar;r; . 1 (c)' Bechtel Corporation; [

1 (d)1Cortain named individuals at' Bcchtcl Corporation; f (e)- Atomid Encrgy Commission or any _ part  !

-thereof; and

. ~

)

+

^

J F (f) Cortain named individuals 'at the Atomic Energy Commission or any part thereof.

Please explain .your answer in detail.

9. Identify in connection .with ' each of Consumcrs Power Company facilities as set forth 'in the definitional section each -

document ever received or reviewed, each meeting you have had (in-

. l clude dates and names of attendees) and each physical structure i i

you have reviewed. in connection with your analysis of first com-pliance with quality assuranco regulations and second reasonable ,

assurance of continuation with compliance with quality assurance l

regulations.

10. Do you .believe that evidence of willful failure by

' Consumers Po<wer Company to report any violation of any Atomic Energy Commission regulation is relevant evidence as to whether l

there is reasonable . assurance that Consumers Pcwer Company will comply or continuo to . comply with quality assurance regulations I concerning the f4idland facility. If not, state why not.  ;

11. Defineithe words " reasonable as'surance" as those words . arc ' u s ed, and' as you understand then in the Show cause .

Include with your answer each fact

~

order L in this -proceed'ing.

3 which youfclaim1must exist.in order to conclude that reasonable

~

assurance-exists.

~

t b _

Oi 9(

~ 12. List each decision uhich you have taken or failed to take in' connection with quality-assurance and quality-control at the Midland facility which action, or failure .to act, was based:in any part upon the exponditure of funds. This Interroga-tory is intended to solicit your answer as to what role the cost of providing quality-assurance and quality-control play in the quality-assurance and quality-control activities you re-commend or implement.

13. With.rospect to the Palisades facility, explain in detail and characterice the type of quality-assurance and quality-control activities which occurred. Include within your a '

answor the following:

l (a) Who' is responsible for the type of quality-assurance and quality-contro' incidents which occurred at that facility;

03) Are any of the existing. structural pro- i blems at the Palisades facility traceable to-quality-assurance, quality-control ac-tivity? If so, list them; (c) 'Do you consider'your activity at Palisades

, quality-assurance, quality-control activity to'be in compliance with regulations now existing? nleaso explain your answer. 1 (d) What changes have you made or do you suggest

=in eithor your rolo cr the role ~of Consumers Power Company at the Midland-facility in light' of the Palisados experience?

I

14. . With respect to the Midland' facility quality-assur-

'ance, state:

(a) Do you agree with the allegations set forth in the Show Caus2 ' order and the

, referenced documents? If not,. state each allegation with which you'do not agree and explain why; (b) As a result of the -Show Cause order, have you recommended or taken any action to change your role or Consumers role at the Midland facility? If not, state why not, and if yes, explain such changes in knplementations and recommendations in ,

detail.

15. Describe in detail each classification or category of document -(as define'd herein) which you maintain in connection with quality-assurance or quality-control at cach of your facili-ties. This Interrogatory is intended to solicit information for a motion.to produce and is intended to have you describe documents whether of a - formal or informal nature, and whether they are ' docu-

-ments internal to your company or not, and also whether or not

~

they are documents.which.are or are not disclosed to someone other than persons in your' Company.

16. Please-list the name and address of each witness.

' whose -testimony you : intend to offer - at the proceeding.- Include with_your: answer a~ summary of the scope of each witness's tes-

-timony. In the- cvent. that .you~ do . not- presently. know who your

9 witness,os will be, please list the area.s of ~ cvidence or testi-mony which you prosently believo.you will introduce. If you cannot answer this Interrogatory, please explain in detail why:

Iou cannot. ~

17. . Please list all of the documentary evidence which you presently plan to introduce at the proceeding. If you are not in a position to-presently state what documentary evidenco you will introduce, please state what categories of documentary ovidence you will' introduce.

If you are not in a L position to answer this Interrogatory, please explain why not.

l

18. Do you believe that Quality - Assurance and . Quality

~

l Control at the Midland . facility should be controlled or reviewed

'l

, by.an organiza~ tion independent'from Consumers Power Company, Bechtel r

l l or the Atomic Energy Commission. If not, state why not in light of -the -historical problems which - Consumers Power Company and l

t Bechtel have had at Midland and Palisades and the fact that the

' Atomic Energy Commission can only inspect 1-2% of. construction I

. activityfat any given nuclear facility.. '

19.- Do-you-believe that the compliance division of the *

- RegulatoryJ Sta'ff ' adequately performs its function in reviewing Lquality assurance.and quality control at the. Midland" site. Please

- state'theffacts upon which:you base your ans;wer.: LWhat changes e

c b

. l

'I ;)

t would you recommend ~for the compliance division to adopt in order to botter assure inspection methods which would help the ultimato .

_ goal of quality assurance and quality control in the construction of the Midland facility. -

e

20. 'Do you believe the construction activities at Con -

sumers Power Company Palisades plant is relevant to the issucsuto

• I be considered at this Show Cause hearing. If not, state why not.

. 21. Identify and describe each violation of any regula-tion which has been committed by- Consumers-Power Company with re-

~

spect to each of its fac.ilities.

22. . Identify each incident by Consumers Power Company, Bechtel or. Babcock & Wilcox at each' of its ' facilities which was

' investigated as a possible violation but as te which.you concluded 1

no violation existed. _

/ 23. Identify.each violation of regulations in each of l i

-Consumers Power facilityf for which you have be'en cited but as to p which. no reporting was- made at the time. of its occurrence.

.- '24. To the" extent >not-covered in your answer to-Inter-rogatory No. 1, identify. each document whether internal to your l 4 .

company ort not. which relates to or: discosses. any violation or -

- suspected violation 1of any applicable . quality ' assurance or quality.

control? procedure orf regulation for each of yourf facilities.

.. 1

. j

. - - , , . - . - , ,n . . .

i-I, ;. -f

• m

~

. . l b;;

h-

it .=-

25. .Beginning with January, 1970, describe your quality .

=

ccourance and . quality control procedures- in existence for each i

..:iiL of yourifacilities (whether for construction or for operation) 5

.and then describe each change-you have made, to the present, in ccch of said procedures specifying'.the circumstances for the change,

~

ths: reasons for the change 'and what follow-up or review you have

. m 1

done regarding each said change. ,

!.  ::q:

26. . With' respect to each inspection ~ report of the Atomic p _

e. e Energy Commission regarding the Midland facility, state what, if ..  ;

enything, you did in your quality assurance .and quality control f= .:

. procedures for Midland as a direct' result of each such. inspection t:

' report.

- g " n =1m

27. Internally within your company, do'you apply exper- 4g m--

ionce learned in one facility in -quality assurance , quality control I ].)  : :2 (or any other) matters to your analysis of situations or problems in another of your facilities. . If you do not, explain why not.

c 1

^ '

If you do, cdescribe ..what1 cxperience and learning from your facil-

.itics other ithan Midland --in the field of ' qual.ity assurance -and ~  :

qunlity; contr51 you h' ave used or ap' plied in' connection with quality g s f casurance ~ and; q'uality ' control at' .t.ne: Midland facility. #[N

, i

• "*b' .

e m M g [ *[ ,

4 M i 94

, , ;c ,

-. _ _ _ ,{- ,

.e - .

• 6.- ..

't . . - .

.=

j' ~ .

28, Identify'the names and~ addresses of iiidividuals -

within your company who have had experience with analyzing or

~

'cordmenting or dealing with ~ quality, assurance matters in each of y

.:..=

~-

y'ou'r fa cilitics . Identify which persons have-had such. experience i~

- with more than .one of. your- facilities. .e -

29 1- Do you believe that any of the action taken against j

your company in quality assurance and quality control matters .

And if not, state ...

-by the Atomic Inergy Commission was warranted. . i.

why not. Have you learned anything which you have app lic'd to the

. Midland facility as a result of the quality assurance and quality [

If not, f' .

control investigations by the Atomic Energy Commission.

i I l

. state why not. If so, state what you' have learned. ,

r-e

=-

('

l l

e

'~

.$?' .

• s s,r 5- s 4 }

Sr .__f .

-1:. , .

- - * - .s , .,w- .

"t"

• j . 3 9 4 .,,_g,

.. . 4 ic .y

30. What steps'do'you now believe must be taken by you, i. 2 i

Bechtel or. anyone else reasonably .to-' assure that your company L(snd.;your contractors and. subcontractors) will reasonably assure =. -

=_ ,

compliange with qualh y assurance'and quality control regulations. .-. ;

m- 4E El l

& .7.T'..

By -O .. / ' 7 MyYo'n N[ Cherry j j'

, Attorney for Saginaw Group i.

==

i:

Myron M. Cherry [.

Ono I'B'M Plaza Chicago, Illinois 60611 (312) 222-9350-

?: ~. .

.i.:..

i t

n O e

b e .  ;.1: .....~

...=.

a eg.

h k

, . , , ew .' .p.i< ~

N .

4 y e , - ,-,

r r y~

' ~

E= )

c _

JMI .,uwW -

~

ERDO.,&IJJA fE O k d l, fd / \y '

~

4*N E g _.

April 22, 1974 g tP.GiU r . ,m .

W.2:  ;

. UNITED STATES OF: AMERICA -

6 -'>

Na2319747

. g ; e *: W

]

ATOMIC ENERGY COMMISSION .A- 9 C t.". T. .u-. ;,s k  %

'BEFORE'THE' ATOMIC SAFETY AND LICENSING BOARD

. I\ 62

.)'

In the: Matter of- _ . .

~'

).

. CONSUMERS ' POh'ER . COMPANY ) Construction Permits Nos. 81 f

. .) 82-

=(Midland Plant, Units 1 and 2) )

~

CERTIFICATION

.I certify that copies of the following documents werc _

- 1 served postage prepaid and properly addressed, by mail, ' on E

, =

April 22, 1974 to the Secretary of the Atomic Energy. Commission,

. ~

~the Atomic Safety and Licensing Board, and the'. counsel for

* [-

Consumers Power. Company, the Regulatory Staffj Dow Chemical

! Company, and.Bechtel Corporation:. _.

! A. . Interrogatories. directed to-Consumers Power Company; 7'

=L B.. Interrogatories directed to the Regulatory Staff; C.- Interrogatories directed to Dow Chemical Company; D., Interrogatories directed to-Bechtel-Corporation;-

E. .This Certification; and F.: ' Motion'.fori-Extension of Time and accompanying draft Order

.with respect to, Motion v or Prpduction of Documents.

t )

.Odht 1 h

-My p M.1 Cherry'

>)

0CCounsel[forl Consumers PowerfCompany was served perscaally'U th

~

z

'tkner - Anc omant e - + ho mn,ninn nf-an,il ? '4 . .

10.'7 A w r cyy a n t- in".tn rentient.

"- ,d , , ,