ML19344A297

Draft Response to Mm Cherry 730703 Request for Info & Documents Re 730628 Insp.Ra Rohrbacher & CM Erb Prof Qualifications Encl

ML19344A297
Person / Time
Site:	Midland
Issue date:	08/08/1973
From:	Kartalia D US ATOMIC ENERGY COMMISSION (AEC)
To:	Cherry M CHERRY, M.M./CHERRY, FLYNN & KANTER
Shared Package
ML19344A292	List: ML19344A289 ML19344A297
References
NUDOCS 8008070671
Download: ML19344A297 (5)

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ATOMIC ENERGY-COMMISSION

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August 8,1973 i

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_ Myron M. Cherry, Esq.

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Jenner and Block -

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, Chicago, Illinoisi 60603' is

[In the Matter of Consumers Power, Company (Midland Plant, Units l'and 2)'

Docket Nos. 50-329: and 50-330 Deas Mr. Cherry:

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This is'in further reference to your letter of July' 3,1973, in which you l

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requested information relating. to the inspection of the Midland site we j-completed on June 28;,11973. (categories (1)(a) through-(d)) and certain F

' documents pertaining to that inspection (categories (2)(a) through (e)).

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Category (1)(a) of your letter requests "ine date of the inspection 'and

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whether full or part days were spent."- As noted on the face of the in--

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spection report that we.sent to the Appeal Board and all parties on July 7

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'20.,1973,' the inspection was conducted on June 26-28, 1973. Each of the inspectors spent a full work day at' the site on June 27 and partial work l days o'n' June.26'(from about 12: 30 pm to ab~out 5 pm) and June 28 (from.

o about 8: 30 am to 'about 2 pm).

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In cate' gory (1)(b) you request "the names,' titles, experience and organi -

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-lzational affiliation of.each person participating in the inspection,1whether Han AEC employee'or; not". - As indicate'd on the' face of our inspection report.

Ithe AEC personnel participa. ting in the June 26-28 inspection were R.A.

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Rohrbacher and C.M.' Erb, each of whom is a Reactor Inspector as' signed.

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-to RegiorilII, Directorate of Regulatory. Operations.;The professional qualifi-

.~ cations, iruluding practical experience',foi each of these men are set forth'-

[:1 in~ Attachments ~ l and' 2 of this letter. The names, titles and' affiliations of

'l 1 non-AEC'pers~onnel participating in the inspection' are given on pages; 5, T!

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6.and-8 of our inspection report,fand the experience of each of these individuals-

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,is summarized in the' applicant's firstl quarterly report pursuant to ALAB-106,

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I Myron~ M. Cherry, Esq. '

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g a copy of which was sent to you by counsel for the applicant on July 5, 1973..

I Category (1)(c) requests "a statement of the scope and content of the

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-inspection procedures used-(i.e. check papers, talked to applicant's' l

people, physical inspection etc.) to determine.to what extent the in-spection was 1.ndependent of or dependant (sic] upon applicants' people

,(including:Bechtel etc.) and'whether the QA-QC of vendors ~and contractors -

(including their sites) was inspected." In our view,' the scope and content of the June 26-28 inspection;is made clear in our inspection report, and in the inspection plan and field notes forwarded to you with our letter of August 2, 1973.

j Category (1)(d) reqdests "a s'tatement whether the inspection procedures l

used were routine procedures in effect as of the time of inspection or speci-t fically tailored to this situation in view of (1) ALAB-106,-- (2) the fact that

' the site has been dormant for a'long time and equipme'nt'etc. has been stored (sonie within rknge of chemicals) and (3) the fact that some fabri-cation of equipment was'no doubt halted for 'a time,and then started again."

As we understand the distinction you seek to draw in this request, the

' June 26-28 inspection ~was _"specifically tailored to the situation". As ir}di-cated ab' ve, the scope and content of the inspection is covered in our o

. inspection report, inspection plan and field notes, all of which have been L.

forwarded to you.

In category 2(a) you request "the reports or notes of'each inspector, whether L

or not the: substance is reflected in the final report. This' request was met -

b by our transmittal of August 2,1973.

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'In. category (2)(b) you; request." copies of the man.uals or wr2tten procedures

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followed by tlie inspecto'rs"i As. note'd abov'e, we have already sent you a copy of the plan for the June 26-28 inspecti6n. We have no other manuals or j

written procedures specifically applicable ta that ibpection. To the extent r

categ6ry-(2)(b) calls for manuals and procedures of general applicabilitv.

your reque'st is.still under consideration by the staff.

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" Category;(2)(c)' asks for " copies of memos or. notes recommending action as.

L a result _of the inspection". The only such memo or note is W.E. Vetter's t

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memorandum to H'.D. Thornburg, dated July 9,1973, a copy of which is.

appanded hereto as Attachment 3.

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l Myron M. Cherry,' Esq.

~ 4 In category (2)(d) you,ask for " copies of manuals or written procedures in -

- effect now to the extent they differ from tho' e requested in (2)(b) above, s

and, if different, memos concerning or a statement of reasons for the -

.. difference"._ This request, as we understand,itr-is based on an assumption 'i g

.that the. staff may have made some changes.in tlie:"rnanuals or.procedur.cs

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4 followed by the inspectors". In fact, no such' changes have been made. -

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- Finally, category,(2)(e) requests "any reportsprecords/ documents referred l

, to in or relied upon.by the report to.be submittod-to-the Appeal Board d' We-are aware of no documents'within'the scope of this request other than' n

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materials which heretofore.have been. furnished to you-by the~ applicant-ore

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the staff, including the documents transmitted with our letter-of August 2,-

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1973.

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A's indicated above,.we intend to provide a further response to category (2)(b) of your letter of July 3,1973.

Sincerely, j

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David E. Kartalia

- Counsel for AEC Rei;ulatory Staff l-

Enclosures:

- Professionals Qualifications of

. Rohrbacher and Erb l

' Memo fm Vetter to Thornburg l

dtd 7/9/73.

cc w/ enclosures:

l Alan S. Rosenthal, Esq.

Ms. Mary Sinclair

- Dr. John H. Buck Honorable William H. Ward l

. William C. Parler, Esq.

- William J. Ginster, Esq.

Howard J..Vegel, Esq.

James A. Kendall,.Esq.

JArthur W. Murphy, Erq.

David Comey,' Esq.

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Dr. David B. Hall Honorable Vern Miller 1-Dr. Clark Goodman

. Richard G. Smith, Esq.

-Ha'rold Reis, Esq.L

'Irving Like, Esq.

- Atomic Safety'and Licensing

' Board Panel Harold P. Graves, Esq.

Atomic Safety _ and Licensing Milton R. Wessel, Esq.

- Appeal Board Mr. James N. O' Conner LMr. Frank W. Karas :

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'R'. A'. ROHRBACHER PROFESSIONAL ~ QUALIFICATIONS REACTOR INSPECTOR REGULATORY OPERATIONS, REGION III UNITED STATES ATOMIC' ENERGY. COMMISSION

'I.am presently a Reactor Inspector in the Reactor Construction Branch, Region III, Regulatory Operations, of the USAEC.

I an responsible for

.the construction inspection program for facilities assigned to me.

I have been with the AEC since August 1971.

'Ftom July 1967 to July 1971 I whs employed by Douglas United Nuclear, Inc.,

Richland,' Washington, as,a Senior Engineer in the Reliability. Engineering Unit of the~ Technical Division.

During this time I completed a number of' reliability,: system effectiveness and nuclear safety studies for the N Reactor at Hanford.

'From 1947-to July 1967 I-was employed by the General Electric Company,

.Richland, Washington, and held the followiag positions:

Chemical Engineer, l

Instrument Engineer and Senior Engineer.

l I graduated from Macalester College (St. Paul, Minnesota) in 1942 with a Bachelor of Arts degree (chemistry and physics).

I.also have completed graduate ~ courses-in mathematics, process instrumentation, probability and statistics,"and system safety analysis (University of Washington) and l

. company. sponsored courses in process control, computer programming and

. quality control.

I am a Fellow in The Instrument Society.of America-and a member in The p

American Nuclear. Society and the American Chemical Society.

I was born-in St. Paul, Minnesota, in 1920 and presently reside at 21'W 675 Monticello Rd., Glen Ellyn, Illinois.

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CARL M.: ERB s*'

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- QUALIFICATIONS - REACTOR INSPECTOR -

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~I' am presently a Reactor Inspector in the' Reactor.-Construction. Branch, l

- Region III, Regulatory Operations, of~the USAEC.

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'I am responsiblerfor the construction-l inspection

• program for. facilities,.:

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-assigned to me.. 'I have~. been in this position'since.< September ^1971v From 1955. to' 1971, I was employed by 'the General El'ectric Comp,any-in. e -

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variousicapacities.7 Fourteen-years.have.been spent in.the naval' nuclear.>*

program,at the Knolls Atomic Power: Laboratory and>.in' the1 Nuclear.*

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- Energy Division in San Jose-California.

The positicins-held were:

project engineer, caterials1 engineer, welding: engineer,..and supervisor >

- of a combined group of' engineers. My experience also included 3~ years l

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.as a superv sor of a, laboratory for A.

0.' Smith, who were engaged in~

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the manufacture of aircraft bomber components. My earliest experience

- was as a chemist.and metallurgist for 7 years with the Sharon Steel Corporation.in Sharon, Pennsylvania.

j' I, graduate from~ Grove. City College with a B.S. in chemistry in 1936.

Extension courses in nuclear physics and nuclear engineering were taken inL1955 and 1956. -in 1958.,;I earned an.M.S. in. Management from Rensselaer 'Polytehhnic Institute in Troy, N.Y.

In 1968, a course on

. BWR technology was completed at NED in San Jose.

I was born in 1912 in Los Angeles, California.

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July 9, 1973

.H. D. Thornburg, Chief, In'opection T. Enforecuent Procedurco Branch Directorato of Regulator / Operations, !!cadquarters MIDL!diD triITS NO.1 L'D NO. 2 CD::STRUCTI0li RESTART STATUS In conjunction with the attacihed incpection toport, no requested on Panc 19 of ::ccorandtet and Order (ALAD-132) dated June 28, 1973, ue have revicued tho applicant's report, dated IIay 25, 1973, on quality

.naourance action being undertchen to accure natinfactory conditica of work already perfor.:cd and natcriala nou onsito purauant to Condition 1 of !JJd:-106, dated ;; arch 26, 1973.

Appropriate cuality ccourance action 10 being taken by Consunera Poucr Thet 13, Conpany m:d the architect engineer (Mcchtel Corporation).

the procedurco for inspection, exnninntion, and tecting included in the appliennt'c report appear to be adequato.

Although cvaluation techniqueo and corrective action to be taken vill depend on the results of the licennoc's efforto, we have no reason.to

orcover, bc11cvo ~ tha't futbra recedini nction vill be inadequate.

based on the current inspection, vc belicyc tho corh is being donc by qualified personnel and uill be conpleted in a tinely canner.

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W. li Vetter, Chief e

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Ranctor Construction Branch Attache.ont:

RO Inopection Reports No. 050-329/73-05 and 16 050-330/73-05 l

C M Rohrhncher

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F or info'epation.

To tuam. aaa unn) imTuts nEMAus Please respond to OCC questions W. E. Vetter o*TE Region III on URGENT basis.

TO (Name and ends imTIALS REMAAnS CATE TO (Name and untt)

WTIALS 8EMAAKS DATE FROM (fdame and on.t)

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H.D.Thornburg Chief FS&EB R0 PhCMEto.

DATE 7353 8/8/73 USE OTHER SIDE FOR ADDITIONAL REMARKS CPO 1971 0 443 464

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