ML20072P576
| ML20072P576 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 03/22/1983 |
| From: | Mark Miller ISHAM, LINCOLN & BEALE |
| To: | James Keppler NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| Shared Package | |
| ML20072P572 | List: |
| References | |
| ISSUANCES-OL, ISSUANCES-OM, NUDOCS 8304040311 | |
| Download: ML20072P576 (3) | |
Text
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ISHAM, LINCOLN & BEALE COUNSELORS AT LAW THREE FIRST hATIONAL PLAZA c,.casO. ituNOis em TELEPHONE 312 SSM EDmRDS ISHAM. it72.m2 TE W I M WASHWGTON OFFICE d CONNEGM AWNUE.N W aggy"$" 3"!
wasalsES. d~m mm March 22, 1983 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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Docket Nos. 50-329-OM CONSUMERS POWER COMPANY
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50-330-OM
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50-329-OL (Midland Plant, Units 1
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50-330-OL and 2)
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Mr. James G. Keppler Director, Region III Division of Inspection and Enforcement Nuclear Regulatory Commission 799 Roosevelt Road Glen Ellyn, IL 60137 s
Dear Mr. Keppler:
As you know, there are certain contentions in the Midland Operating License Proceeding which have been accepted by the licensing board for litigation and which deal with quality assurance related matters.
Specifically, Mary Sinclair Contention 1 relates to miscellaneous quality-assurance issues and relies on information supplied by' certain anonymous affiants.
.The information as well as-the identity of the affiants is purportedly in the possession of the Governmental Accountability Project
(" GAP").
Contentions Mary Sinclair 15, 16, and 17 asserts that there are quality assurance related deficiencies in the HVAC systems at Midland.
That Contention is based on the affidavits of Mr. Terry Howard and Ms. Sharon Marello, former Zack Co.
employees.
In the summer of 1982 we caused the Licensing Board in the above-captioned proceeding to issue subpoenas directed to three employees or associates of GAP.
In August 1982 we met with you regarding the subpoenas and other discovery of these issues we planned to institute.
8304040311 830330 PDR ADDCK 05000329 O
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Mr. James G. Keppler March 21, 1983.
Director, Region III Page Two Division of Inspection and Enforcement Nuclear Regulatory Commission
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At your request, pending completion of the NRC's investigation of both the so-called GAP allegations and the Zack HVAC issue, we deferred enforcement of subpoenas and further i
discovery regarding these matters.
We now understand that conclusion of the NRC's investigations is not likely to occur before the summer of 1983.
Accordingly, we wish to pursue our discovery efforts in the~ operating license proceeding.
i It is my understanding that you are concerned that information revealed during the discovery process will be used by Consumers Power Company to correct non-conforming conditions in the plant or to change or supplement quality related documentation.
On behalf of the company, I assure
- i you that no such action will be taken secretly or in any way that would hinder the NRC's own investigative efforts.
j In the event that affiants have any knowledge of non-conform-ing conditions or documentation at the Midland Plant, and i
the company deems it appropriate to take corrective action as a result of these disclosures, we will inform you of any proposed corrective action fifteen days prior to the time such action is begun.
Unless I hear from you to the contrary in 14 days, t
I plan to pursue discovery as outlined above.
-In any event, before initiating such discovery I will contact your 1
i counsel, Bill Payton and Steve Lewis.
Yours truly,
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Michael I. Miller MIM:cjs cc: Service List
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SERVICE LIST s
s Frank J. Kelley, Esq.
Steve Gadler, 3
Attorney General of the 2120 Carter Avenue State of Michigan St. Paul, Minnesota 55108 Carole Steinberg, Esq.
Assistant Attorney General Environmental Protection Div.
Atomic Safety & Licensing Appeal Panel 720 Law Building U.S. Nuclear Regulatory Comm.
Lansing, Michigan 48913 Washington, D.C. 20555 Cherry & Flynn Mr. C.
R. Stephens Suite 3700 Chief, Docketing & Services 3 First National Plaza U.S.
Chicago, Illinois 60602 Nuclear Regulatory Comm.
Office of the Secretary Washington, D.C. 20555 Mr. Wendell H. Marshall 4625 S.
Saginaw Rd.
Ms.' Mary Sinclair Midland, Michigan 48640 5711 Summerset Street Midland, Michigan 48640 Charles Bechhoefer, Esq.
i Atomic Safety & Licensing William D. Paton, Esq.
Board Panel Counsel for the NRC Staff U.S. Nuclear Regulatory Comm.
U.S. Nuclear Regulatory Comm.
Washington, D.C.
20555 Washington, D.C. 20555 Dr. Frederick P. Cowan 6152 N. Verde Trail Atomic Safety & Licensing Board Panel Apt. B-125 U.S. Nuclear Regulatory Comm.
Boca Raton, Florida 33433 Washington, D.C.
20555 Lee L. Bishop Barbara Stamiris Harmon & Weiss 5795 North River Road 1725 I Street, NW #506 Route 3 Washington, D.C.
20006 Freeland, Michigan 48623 Mr. D. F.
Judd
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Jerry Harbour Babcock & Wilcox Atomic Safety & Licensing P.O. Box 1260 Board Panel Lynchburg, Virginia 24505 U.S. Nuclear Regulatory Comm.
Washington, D.C.
20555 I
James E. Brunner, Esq.
Consumers Power Company-212 West Michigan-Avenue
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Jackson, Michigan 49201 i
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