ML19347A692

Notice of 801007-09 Depositions of D Hood,L Heller & J Kane of NRC & 801013,15 & 16 Depositions of JW Simpson,W Lawhead & R Erickson of Corps of Engineers,Re Stamiris & Warren Contentions.Certificate of Svc Encl

ML19347A692
Person / Time
Site:	Midland
Issue date:	09/22/1980
From:	Farnell A CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE
To:
References
ISSUANCES-OM, NUDOCS 8009300023
Download: ML19347A692 (9)

Text

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Before the Atomic Safety and Licensing Board

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In the Matter of )

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CONSUMERS POWER COMPANY ) Docket Nos. 50-329-OM

) 50-330-OM (Midland Plant, Units 1 and 2) )

)

NOTICE OF DEPCSITION TO: Each person named in the attached Certificate of Service.

PLEASE TAKE NOTICE THAT Consumers Power Company shall take the deposition on oral examination of the following named persons at the times, dates and locations indicated.

9:00 a.m. Oct. 7, 1980 Isham, Lincoln & Darl Hood, Beale, Room 325 NRC Staff 1120 Connecticut Wash., D.C. 20036 1:00 p.m. , Oct. 8, 1980 Isham, Lincoln & Lyman Heller, Beale, Room 1120 NRC Staff 1120 Connecticut Wash., D.C. 20036 1:00 p.m. Oct. 9, 1980 Isham, Lincoln & Joseph Kane, Beale, Room 325 NRC Staff 1120 Connecticut Wash., D.C. 20036 10:00 a.m. Oct. 13, 1980 Isham, Lincoln & James W. Simpson, Beale, Room 4200 Corps of Engineers One 1st Natl. Pl.

Chgo., Ill. 60603 DSo9 8009300

10:00 a.m. Oct. 15, 1980 Dykema, Gossett, William Lawhead, Spencer, Goodnow & Corps of Engineers Trigg, 35th Floor 400 Renaissance Ctr.

Detroit, Mich.

10:00 a.m. Oct. 16, 1980 Dykema, Cossett, Ron Erickson, Spencer, Goodnow & Corps of Engineers Trigg, 35th Floor 400 Renaissance Ctr.

Detroit, Mich.

Each deponent is requested to make available, five business days prier to his deposition, the documents described it. the attached Appendix A.

The subject matter of the depositions shall be all matters relating to the issues set forth in the Licensing Board's Order of December 6, 1979, Order Modifying Construction Permits and the agreed to contentions of inu . ' 'inors Stamiris and Warren.

Sincerely, Ob: O . hJ - 1 Alan S. Farnell Counsel for Consumers Power Company ISHAM, LINCOLN & BEALE One First National Plaza Suite 4200 Chicago, Illinois 60603 312/558-7500 l

1 APPENDIX A Definitions ,

The following definitions apply to the Request to Produce: l

1. As used herein, " documents" includes, but is i

not limited to, papers, photographs, criteria, standards of review, recordings, memoranda, books, records, writings, letters, telegrams, mailgrams, correspondence, notes and l minutes of meetings or of conversations or of phone calls, l t

interoffice, intra-agency or interagency memoranda or written ,

l' communications of any nature, recordings of conversations either in writing or upon any mechanical or electronic or l l

electrical recording devices, notes, exhibits, appraisals, '

I work papers, reports, studies, opinions, surveys, evaluations, projections, hypotheses, formulas, designs, drawings, manuals, notebooks, worksheets, contracts, agreements, letter agreements, diaries, desk calendars, charts, schedules, appointment books, punchcards and computer printout sheets, computer data, telecopier transmissions, directives, proposals, and all drafts, revisioas, and differing versions (whether formal or informal) of any of the foregoing, and also all copies of any of the foregoing which differ in any way l (including handwritten notations or other written or printed matter of any nature) from the original.

2. " Documents" refers to each document within the possession or control of the individual deponent as well as the possession or control of the organization by which said

deponent is employGd or engaged (e_.g., NRC Staff or Army Corps of Engineers) .

3. The terms " relate to" or relating to" shall mean: consist of, refer to, reflect or be in any way logically or factually connected'with the matter discussed.

I 4. The words "and," and "or" shall be read herein in the conjunctive or disjunctive or both, as the case may be, all to the end that the interpretation be applied which results in the more expansive production.

5. The term " soils matters at the Midland site" shall mean the issues set forth in the December 6, 1979 Order and all further related issuus raised to date by the Staff and its consultants.

Request To Produce  !

l Please make available to Consumers Power Company 1

(" Consumers" ) for inspection and copying the following: )

1. All documents referring or relating to the investigation conducted by Region III, Office of Inspection and Enforcement, referred to in the third paragraph of page 1 f of the December 6, 1979 order.

2. All documents referring or relating to the assertion in the first full paragraph of the December 6, 1979 order that "This statement is material in that this portion of the FSAR would have been found unacceptable without i further Staff analysis and questions if the Staff had known i

! that Category I structures had been placed in fact on random l

fill rather than controlled compacted cohesive fill as stated in the FSAR. "

3. All documents referring or relating to the evaluation or consideration of the information submitted by Consumers in response to the (a) 10 C.F.R. 550.54(f) requests of the Staff, (b) soil settlement questions propounded by the Staff, (c) requests for additional information regarding plant fill, and (d) any other requests for information concerning the soils matters at the Midland site made by the Staff or its consultants and not encompassed by sections (a)-(c) .

4. All documents referring or relating to each decision to seek initial information or supplemental informa-tion from Consumers pursuant to (a) 10 C.F.R. SSO.54(f) requests, (b) soil settlement questions propounded by the Staff, (c) requests for additional information regarding plant fill, and (d) any other requests for information concerning the soils matters at the Midland site made by the Staff or its consultants and not encompassed by sections (a)-(c) .

5. All documents referring or relating to the evaluation or consideration of the information with regard to the soils at the Midland site submitted by Consumers under 10 C.F.R. S50.55 (e) .

6. All documents referring or relating to the

" review of the information provided by Licensee in response to the Staff questions," as that phrase is set forth in the first full paragraph of page 3 of the December 6,1979 order.

7. All documents referring or relating to the Staff's position currently and at any time previously that the information provided by Consumers Company fails to provide " acceptance criteria" as that term is used in the December 6, 1979 order, page 3.

8. All documents referring or relating to the Staff's position currently and at any time previously that it cannot conclude that the safety issues associated with the remedial action taken or planned to be taken by Consumers to correct the soil deficiencies will be resolved.

9. All documents referring or relating to the Staff's position currently and at any time previously that it does not have reasonable assurance that the affected ,

safety-related portions of the Midland facility will be constructed and operated without undue risk to the health and safety of the public.

10. All documents referring or relating to the Staff's decision to retain consultants in regard to the soils matters at the Midland site.

11. All documents referring or relating to any meetings or consultations, telephone communications or other communications between or among the identified deponent or to which he was a party or observer and anyone else, including without limitation, representatives of licensee, NRC Staff or others, with regard to or re.lating to the soils matters at the Midland site.

12. All documents obtained by, provided to, or created by the deponent with regard to the soils matters at the Midland site.

13. All documents referring or relating to the decision to seek and the request for additional borings from Consumers, including any consideration or evaluation of Consumers' response thereto.

1

UNITED STATES OF AMERICA -

NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board l

)

In the Matter of )

)

CONSUMERS POWER COMPANY ) Docket Nos. 50-329-OM

) 50-330-OM (Midland Plant, Units 1 and 2) )

)

)

CERTIFICATE OF SERVICE I, Alan S. Farnell, hereby certify that a copy of Consumers Power Company's Notice of Deposition was served upon all persons shown in the attached service list by deposit in the United States mail, first clasa, this 22nd day of September, 1980.

h.

Alan S. Farnell t

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