ML19344A233

Util Petition for Reconsideration of Part IV of 730918 Order Alab-147 Re Deficiency in Bechtel QA Organization & Plant Site Repts Per App B 10CFR50.Requests Order Compeling Bechtel to Comply w/10CFR50.Certificate of Svc Encl

ML19344A233
Person / Time
Site:	Midland
Issue date:	09/28/1973
From:	Bacon J CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
ALAB-147, NUDOCS 8008070372
Download: ML19344A233 (5)

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UNITED STATES OF AMERICA

-ATOMIC ENERGY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of )

CONSUMERS PO'4R COMPANY Docket Nos 50-329 and 50-330 (Midland Plant, Units 1 and 2)

)

PETITION FOR RECONSIDERATION OF ALAB-147 Consumers Power Company ("the Applicant") hereby petitions the Atomic Safety and Licensing Appeal Board foFf~ec5nYderation of Part IV of ALAB-147 i

In support of this Petition, the Applicant states:

1. On September 18, 1973, the Appeal Board issued ALAB-147, in which it concluded, at p. 17:

"[T]he Saginav Intervenors' ' motion to enforce Conmission regulations' is denied. The staff.

is directed, however, to take all necessary mee sures .to obtain a prapt revision of.the

'Bec.-sl QA organir.ation in accordance with the.

-vies:4 expressed in Part IV of this opinion, sum s. - This direction shall be autmatically ste:J -1 if, within 10 days of the entry of this order, either the applicant or the staff files

, ~ a petition for reconsideration of Part IV. In l such circumstance, the autmatic stay will re--

l main in effect pending further order of'this L

-Board."

2. The. Appeal Board noted in Part IV of its decision a "seeming deficiency" because "in one specific respect, Bechtel's QA organization ~does not comply'with Appendix B." The "seeming deficien- .

a

-cy" related to the fact that Bechtel's Quality Control Engineers 4'

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at the Plant site report to th'e Project Field quality Control Engineer, h o in turn reports'for some purposes to the Project Superintendent--an individual having cost and scheduling responsibilities. The Board stat'ed that this arrangement does not satisfy Appendix B to 10 CFR

. Part 50, because Criterion I'of Appendix B requires tha.t, in' general, ,

individuals o/ groups with QC responsibilities be independent of the individuals or groups directly responsible for the specific activi-I ties subject to QC verification. Since the Applicant and the Staff had not " spoken directly to the matter," the Appeal Beard stated that "they should be given a reasonable opportunity to show cause, if any j there be, why [ revision of tne Bechtel QA Organization) is not neces-sary to assure compliance with the regulation." (AIAB-147, p.17).

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3 The Applicant believes that the Board's apprehension, in Part IV of AIAB-147, that Bechtel's QA Organization does not comply l with Appendix'B, is in error for the following reasons

l' L . a .~ The Project Superintendent is not "directly responsible" for the work inspected by the QC Engineers, and the Project Field Quality Control l'

l

_ Engineer and the Quality Control Engineers are independent of the individuals and groups " direct-

.'ly responsible" for the work inspected by the QC-i i Engineers, so that Criterion I of Appendix B is satisfied,

b. 1The Quality Control Engineers are other than

.those whose work-they inspect,'or-the latter

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3 persons' imediate supervisors, and Bechtel's QA Organization therefore e mplies with Criterion X of Appendix B,. as interpreted by AEC Regulatory . ,

Guide 1.28.- -

4. ~In support of this Petition, the Applicant relies'upon

- its verified Memorandum in Support of Petition for Reconsidera' tion of AIAB-147, a copy of which is attached hereto, and the records and files in this cause.

WHEREFORE, the Applict.nt petitions the Appeal Board for reconsideration of Part IV of ALAB-147 and the entry of an Order that the Bechtel Quality Assurance _ Organization complies in all re-I- .

spects with the requirements of Appendix B of 10 CFR Part.50, Respectfully submitted,

/s/JuddL. Bacon-Judd L. Bacon Senior Attorney Consumers Power Company 212 W. Michigan Avenue Jackson,-Michigan h9201 Harold F. Reis ,

j lJ p.

Newman, Reis &' Axelrad 1025 Connecticut Avenue, NW v Washington, DC 20036 Attorneys for Applicant Dated: September 28, 1973

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UNI'IED STATES OF AMERICA ATOMIC ENERGY CCMMISSION BEFORE THE ATCMIC SAFETY AND LICENSING APPEAL BOARD i

In the Matter of CONSUMERS. POWER COMPANY Docket Nos. 50-329Y (Midland Plant, Units 1 and 2)

CERTIFICATE OF SERVICE hereby certify that copies of the Applicant's attached "Pe-tition f . Reconsideration' cf ALAB-147" and verified " Memorandum in Support of Petition for Reconsideration of ALAB-147," both dated Septem-

~ ber P.8,1973, have been served on the following by deposit in the United States mail, first class, this 28th day of September,1973:

Alan S. Rosenthal, Esq., Chairman David E. Kartalia, Esq.

Atomic Safety and Licensing U. S. Atomic Energy Comission Appeal Board Washingtcn, D.C. 20545 U. S. Atcznic Energy Consnission Washington, D. C. 20545 James A. Kendall, Esq.

135 N. Saginav Road Dr. John H. Buck, Member Midland, Michigan 48640 Atomic Safety and Licensing Appeal Board Harold F. Reis, Esq.

U. S. Atanic Energy Comissic,n Newman, Reis & Axelrad Washington, D. C. 20545 1025 Connecticut Avenue, NW Washington, D. C. 20036 William C. Parler, Esq., Member Atomic Safety and Licensing Richard G. Smith, Esq.

Appeal Board 2mith & Brooker, P.C.

U. S. Atomic' Energy Comission 730 Washington Avenue Washington, D. C . 20545 Bny City, Michigan 48706 William J. Gin.,ter, Esq. Milton R. Wessel, Esq.

-Suite 4,'Merrill Building Kaye, Scholer, Fierman, Hays

'Saginaw, Michigan k8602 and Handler h25 Park Avenue Mr. Frank W. Karas_(20) New York, New York 10022 Chief, Public Proceedings Branch Office 'of the Secretary of the Myron M. Cherry, Esq. (2)

' Comission . .Jenner & Block

. U. S. Atomic Energy Ccamission One IBM Plaza ,

Washington, D. C. 20545 Chicago, Illinois 60611 l l

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, 2 James N. O 'Connor, Esq. Irving Like, Esq.

The Dow Chemical Company Reilly, Like and Schneider-2030 Dov Center . 200 West Main Midinnd, Michigan .486h0 Babylon, New York 11702 Hon. William H. Ward- Howard J. Vogel, Esq.

Assistant Attorney General Knittle & Vogel State of Kansas 814 Flour Exchange Buildin6 Topeka, Kansas 66612 Minneapuis, Minnesota 55415

/s/JuddL. Bacon Judd L. Bacon' Attorney for Applicsut 4

-Consumers Power Company 212 West Michigan Avenue Jackson, Michigan k9201 (517) 788-1366 e

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