ML20002E074
| ML20002E074 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 01/21/1981 |
| From: | CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.) |
| To: | Stamiris B AFFILIATION NOT ASSIGNED |
| References | |
| ISSUANCES-OL, ISSUANCES-OM, NUDOCS 8101260273 | |
| Download: ML20002E074 (12) | |
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gJ 3-REI.CIED CO?.3.2SPCETdC3 UNITED STATES OF AMERICA
/,7 T-JAN 2119tjl > -I NUCLEAR RECULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD h Office of the Secretary Oct.kdr.! & Service Er:n:'
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In the Matter of
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Docket Nos. 50-329-0M 50-330-0M l
CONSUMERS POWER COMPANY
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50-330-OL (Midland Plant, Units 1 and 2)
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RESPONSE TO INTERVENOR (BARBARA STAMIRIS)
REQUESTS OF CONSUMERS POWER COMPANY Pursuant to 10 CFR 2.741(d) and 2.740(b), Consumers Power Company (hereaf ter ref erred to as " Consumers") responds to the " document requests" and interrogatories contained in a document entitled "Intervenor Requests of Consumers Power Company 12/4/80" as follows:
DOCUMENT REQUESTS The manner of making inspection of the documents requested was agreed upon by the parties in a phone call between Consumers Counsel Alan Farnell and Ms. Barbara Stamiris. The agreement,which was commemorated in the attached letter from Farnell to Stamiris, specifies that requested documents will be produced at the Consumers Power Company Midland Service Center. The agreement also provides that.n.he t
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documents may be checked out by Ms. Stamiris for study at home. Consumer s"has "-
e responded to the individual requests, in accordance with the following:
Request Number 1 MCAR 24 Interim Report 1 of 50-55e (Sept. 22 197 which was deleted at the time because it contained prema 4on ssible corrective action options.
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2-Request Number 2 Any cost or schedule impact data or projections made since those submitted in reponse to 50-54f questions 21 and 22 regarding soil settlement matters.
Response
With respect to schedule impact data, Consumers has interpreted the request to include documents indicating the impact of the soils settlement matters on the plant construction schedule. These documents are produced at the Midland Service Center. Respecting cost information, the request requires perusal of rather complex cost documents and the possibility of a substantial amount of redacting. Because of this, the back-up documents for cost impact data are still being gathered from individuals in the Bechtel organization.
Unless it is determined that such documents are privileged or otherwise not discoverable, they will be produced as soon as possible at the Midland Service Center.
Request Number 3 All discussions concerning and litading up to Consumers Power Company's decision to appeal the NRC requests for additional borings.
Response
These documents are produced, except that documents, if any, in the hands of Bechtel consultants respecting this matter are still being gathered. These i
documents will be produced, if not privileged or otherwise non-discoverable, in the near future.
Request Number 4 Any discussions or considerations of possible lawsuits involving soil settlement matters.
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Response
All documents within this request which are not privileged or otherwise not discoverable are produced at the Midland Service Center.
Request Numberj Discussions of all options ever considered (whether formal or informal, tentative r
or complete) for correction of the Administration Building settlement.
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Response
There are no documents meeting the description contained in this request.
INTERROCATORIES i
Interrogatory Number 1(a)
What is the role of'a consultant in soil settlement matters?
Answer The role of the consultant in soil settlement matters is to provide input for engineering decisions made by Bechtel and Consumers. In so doing, consultants may review data or information supplied by Bechtel or Consumers, may evaluate such data or information, and may maka recommendations based on such data or information if called upon to do so.
Interrogatory Number 1(b)
Who makes the final decisions on which actions are taken or will be taken.
(Please include all levels of input in this decision making process.)
Answer With regard to soil settlement matters, the Bechtel Project Engineer, utilizing input from Bechtel discipline engineers, consultants, and engineering management, makes an initial-technical decision. This decision, depend ng on its inportance, is reviewed by Bechtel Project Management to determine if it is compatible with overall project planning and direction. A decision is then reviewed by Consumers Power Company's Project Manager or his staff.
The ultimate decision as to whether or not the initial decis' ion would be adopted is made by the Consumers Power Company Project Manager, or, in the case of decisions of lesser 1
importance,'by Consumers Power Company's Project Staff.
Interrogatorv Number 2(a)
Did your consultants ever differ in their recommendations on soil settlement matters (including tentative stages)?
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Answer To the best of our present knowledge, recollection, and belief, there were no differences in the recommendations submitted by consultants. There may have been minor differences of opinion expressed by various consultants at one or more of the many soils-related meetings. However, we esn recall no specific instance or occurrence of such differatices. Recomendations of Messrs. Peck, Hendron and Gould are not-included in the scope of the fore-going answer, since time constraints have prevented us from communicating with them on-all of their recommendations. As soon as such comunicatiens are complete, this answer will be modified if necessary. Also, with respect to the service water pump structure, an additional consultant has been retained to consider alternatives to the proposed fix, but has generated no recomandations.
Interrogatorv Number 2(b) 1 If the answer to 2a is yes, what were these differences and how were they resolvedt Answer I
See 2(a)
Interrogatorv 3(a)
What, if any, original recommendations of consultants (whether informal or formal, tentative or complete) vers later changed or not followed?
Answer To the best of our present knowledge, recollection, and belief, the only consultant recommendation which was later changed concerns the change from grouting to permanent dewatering.
Further, all consultant recomendations were followed. As in the answer to Question Number 2(a), recomendations of Messrs. Peck, Hendron and Gould are not included in the scope of this answer, and this answer is subject to possible modification when the
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consultant 'comunications referred to in the answer to question 2(a), as well as other consultant ecumunications are completed.
Interrogatory 3(b)
Explain the reasons for such changes or departures (excepting the change from grouting to permanent dewatering).
Answer See 3(a)
Interrogatory Number 3(c)-
What was the decision making process for each of such changes or departures?
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Answer See 3(a)
Interrogatory Number 4(a)
Was NRC geotechnical staff input sought in any way prior to the decision to preload stated in the November 7, 1978 Bechtel-Consumers Power Company meeting (50.54f Vol 3 Section 12) regarding soil settlement matters?
Answer As documented in " Meeting Notes No. 882, Midland Plant Units 1 and 2" published by Bechtel Associates Professional Corporation, Consumers, Bechtel Associates, and Bechtel's consultants held a meeting on November 7,-1978 to discuss alternative proposals for remedial activities and to obtain formal recommendations from the consultants. During the November 7, 1978 meeting, Messrs. Cooke, Peck, Hendron, and Ferris contacted Messrs. Hood and Heller of the NRC to. inform them of proposals to remedy soils problems. While all of the details of the proposals were not conveyed in the phone call, the pre-loading option was discussed, and the NRC was given an opportunity to provide input on the proposal.
Following the November 7, 1978 phone call, the NRC was invited to attend a meeting at the Midland site er.rly in December, providing 4
- another opportunity for NRC input prior to the start of preloading in January of 1979. Consumers does not feel that the NRC personnel reacted negatively to the preload proposal, either during the. phone call or at the site visit. However, the NRC did indicate in published meeting minutes that Consumers would proceed 5
with the preload option at its own risk.
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a 6-x Interrogatory Number 4(b)
If the answer to 4(a) is yes, describe their input.
Answer See 4(a)
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Interrogatory Number 4(c)
If the answer to 4(a) is no, give the reasons for that decision and how that decision was made.
Answer See 4(a)
Interrogatorv Number 4(d)
Was such input (4a) ever suggested by anyone? If so, by whom was it made, when was it made, and how was it responded to?
Answer See 4(a) 9 a
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wasMING TON, O. C, 2003 6 202*e33*9730 Ms. Barbara Stamiris 5795 N. River Freeland, Michigan 48623
Dear Ms. Stamiris:
This letter confirms our conversations of today and December 29th.
Pursuant to your December 4, 1980 document request Consumers Power will produce by January 19, 1981 the documents which are not subject to the attorney-client privilege and/or work product privilege.
As I stated to you, there may be some such documents called for in production request j
number 3 and certainly most, if not all, of.the documents called for in request number 4 will be protected by those privileges.
The non-privileged documents will be produced at the Midland Service Center and you will be able to sign out documents for study at home.
We will contact you prior to production.
The interrogatory answers will be mailed to you.
Consumers has agreed to allow you to file reasonable additional document production requests and interrogatories that are directly related to and proximately caused by the documents produced and the interrogatory answers filed in response to your December 4, 1980 requests.
We ask that if you do decide to file such additional requests that you do so as soon as possible after you have studied our responses.
We also understand that you will be filing in the i
next week or two additional requests dealing with quality assurance matters.
We will contact you after we have had an opportunity to review the requests.
Sincerely, l
l Alan S. Farnell l
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AFFIDAVIT OF GILBERT REELET Gilbert Keeley, being duly sworn, deposes and says that he is employed by Consumers Power Company as Project Manager, Midland Project; that he is primarily responsible for providing answers to Barbara Stamiris' Interrogatory to Consumers Power Company Number 4; that he provided input respecting the Answer to Interrogatory No.1; and that to the best of his knowledge and belief the above information and the answers to the above interrogatories are true and correct.
. )V Gilbert Kee Subscribed an'd sworn to before me this day of January,1981.
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AFFIDAVIT OF NEAL SWANBERG Neal Swanberg, being duly sworn, deposes and says that he is employed by Bechtel Associates Professional Corporation, as an Assistant Project Engineer; that he is jointly responsible with Sherif Afifi for providing answers to Barbra Stamiris Interrogatories to Consumers Power Company Numbers 2-3; and that to the best of his knowledge and belief the above information and the answers to the above interrogatories are true and correct.
Neal Swanberg Subscribed and sworn to before me this
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AFFIDAVIT OF ALAN BOOS Alan Boos, being duly sworn, deposes and says that he is the Assistant Project Manager, Midland Project, Bechtel Power Corporation; that he is primarily responsible for providing an answer to Barbara S~tamiris' Interrogatory No. 1 to Consumers Power Company; and that to the best of his knowledge and belief the above infornation and the answer to the above interrogatory is true and correct.
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Alan Boos Subscribed and sworn to before me this
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CONSUMERS TOWER COMPANY
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50-330-OL
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CERTIFICATE OF SERVICE I hereby certify that copies of " Response to Intervenor (Barbara Stamiris) Requests of Consumers Power Company" Numbers 1-4, and attached affidavits were served upon the following persons by depositing copies thereof in the United States mail, first class postage prepaid on this 19th day of January, 1981.
Frank J. Kelley, Esq.
Dr. Frederick P. Cowan Attorney General of the 6152 N. Verde Trail State of Michigan Apt. B-125 Stewart H. Freeman, E,sq.
Boca Raton, Florida. 33433 Assistant Attorney General Gregory T. Taylor, Esq.
Michael Miller, Esq.
Assistant Attorney General Isham, Lincoln & Beale Environmental Protection Div.
One First National Plaza 720 Law Building Suite 4200 Lansing, Michigan 48913 Chicago, Illincts 60603 l
Myron M. Cherry, Esq.
Mr. Steve G 41er One IBM Plaza 2120 Carter Avenue Suite 4501 St. Paul, Minnesota 55108 Chicago, Illinois 60611 D. F. Judd, Sr. Project Manager l
Mr. Wendell H. Marshall Babcock & Wilcox l
RFD 10 P. O. Box 1260 l
Midland, Michigan 48640 Lynchburg, Virginia 24505 Charles Bechhoefer, Esq.
Atomic Safety & Licensing Appeal Board
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Atomic Safety & Licensing Board Panel U. S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Comm.
Washington, D. C. 20555 l
Washington, D.C. 20555 Mr. C. R. Stephens, Chief l
Gustave Linenberger Docketing & Service Section Atomic Safety & Licensing Board Office of the Secretary U.S. Nuclear Regulatory Comm.
U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D. C. 20555 I
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Ms. M'ry Sinclair a
5711 Summerset Street Midland, Michigan 48640 William D. Paton, Esq.
Counsel for the NRC Staff U. S. Nuclear Regulatory Comission Washington, D. C. 20555 Atomic Safety & Licensing Board Panel,,., -
U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Barbara Stamiris 5795 North River Road Route 3 Freeland, Michigan 48623 Sharon K. Warren 636 Hillcrest Midland, Michigan 48640 James E. Brunner, Esq.
Consumers Power Company 212 West Michigan Avenue Jackson, Michigan 49201 Mr. Michael A. Race 2015 Seventh Street Bay City, Michigan 48706 Ms. Sandra D. Reist 1301 Fourth St.
Bay City, Michigan 48640 Lester Kornblith, Jr.
Atomic Safety & Licensing Board U. S. Nuclear Regulatory Comm.
Washington, D. C.
20555 James E. Brunner i
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