ML20076J169
| ML20076J169 | |
| Person / Time | |
|---|---|
| Site: | Zimmer |
| Issue date: | 05/17/1983 |
| From: | Marlone Davis AFFILIATION NOT ASSIGNED |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20076J122 | List: |
| References | |
| NUDOCS 8306200351 | |
| Download: ML20076J169 (5) | |
Text
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Mr. John H. Frye III Judge Stanley M. Livin6ston Dr. Frank F. Hooper In the Matter of a
CINCINNATI GAS AND ELECTRIC COMPANY, ET AL, i
DOCKET NO.
50-358 (William H. Zimmer Nuclear Power Station)
AMICU_S _ CURIAE BRIEF
~
FROM APPALACHIA--SCIENCE IN THE PUBLIC INTEREST SUPPORTING THE MIAftI VALLEY POWER PROJECT'S Rh'NEWED ATTEMPT TO OBTAIN ATOMIC SAFETY AND LICENSING BOARD HEARINGS ON EIGHT QUALITY ASSURANCE CONTENTIONS May 17, 1983 Itary Davis i
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5 Appdachh-Science in the Public Interest has studied documents from the Nuclear Regulatory Commission and from the Government Accountability Project as le6a1 counnel for the Miami Valley Power Froject, including a number of affidavits from workers at Zimmer. We have also followed in the press other allegations of cafety defects made by Zinner workers ani accounts of the hearings held last autumn by-the City of Cincinnati Environn. ental Advisory Council, which concluded that "the ' total breakdown' in quality assurance, which was noted during the hears by NRC Re6 on III Director James Kappler, presents a threat to public safety.
1 At this sta6e, the NRC does not know whether the plant's problems can be corrected."
We are appalled by the number an1 the seriousness of allegations of safety defects at the, plant. If only a small fraction of the charges are true, the plant cannot be safe y operated. We are also appalled that the steps the Nuclear Regulatory Comm selon (NRC) took prior to last autumn's chut down of safety-related construction at the plant apparently led to a detioration of rather than an in-provement in the situation. In testimony before the House Subcommittee on Energy and the Environment the Government Accountability Project (CAP) stated that before April 1981 "the utility and its contractor were ignoring the problems in sone details now they are actively coverimg them up."
CAP then proceded to sub-stantiate the point with details on procedures at the plant gathered from workers, including " changes made to QA records without initials or explanation":
" paperwork that shows work was ' accepted' before the item was inspected or even received in some cases." Records at the plant are in such a state that, accord-ing to the NRC itself, the condition of Zimmer is at present unknown. Moreover, many of the alleged defects are buried under concrete so will not be evaluated by a non-destructive physical inspectian.
The Wall Street Journal stated February 14,1983, "The NRC says the project's work records are sloppy. That could complicate the task ami make it particularly difficult to determine what constructinn must be done over.
'It may eventually come down to sending in a guy with a hammer to pound on the walls and say, " yup, that sounds like it will hold up,"' says a government investigator."
The NRC cannot be trusted to take care of the problems at Zimmer. The commission acted wisely when it stopped safety-related construction ani mandated a third party inspection last fall. However, the acquiescence by James Keppler in Cincinnati Gaa and Electric's nomination of Bechtel to conduct the management audit as well as to complete construction cast doubt on the seriousness of the NRC's intentions. Only after a public outcry ami the submission to the NRC by GAP of extensive documentation on the relationship between Cincinnati Cas ani Electric and Bechtel, did the NRC deny Bechtel the double role.
Unfortunately it does not appear to be in the interest of the NRC as an agency that all the truth about Zimmer be known. The Wall Street Journal in December 15, 1982, said, "aut the full story of Zimmer... goes beyond the tale of one troubled plant and raises broad, unsettling quections about the nation's nuclear power program. One question is how officials for the utility anl the NRC could have allowed a plant with so many problems to 6et so near completion." It is doubtful that all aspects of the truth about Zimner will reflect favorably on the NBC. Therefore, the NRC should not be given complete responsibility for discovering the truth ani making it public.
Appalachia--Science in the Public Interest is convinced that licensing
hrarings are tha enly way all tha facta about tha plant will be dicesvared and made known to the public, for only in licensing hearings will witnesses be cross examined tuvier oath, and records cubpoenael to clear up discrepancies between witnesses. Not the NRC, but GAP, representing the Miami Valley Power Project, and the citizens who have worked with GAP have brought to light what we know now about Zimmer.
'a'e believe that GAP should be given the opportunity to complete the work it has started so ably, for the safety of residents of Ohio, Kentucky, and Indiana will not be assured until the full otory of Zimner is unraveled.
9 4
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l CERTIFICATE OF SERVICE I hereby certijy that.cogies of M M ~/A;//_ g__Ll.;.,M e zh #A*
W 17,Am tr% PM VPQ g ~~
Q AM, t /s~ rM L} &, J L J, Q % =,4 m r-y M (.di,r w" r' h ?. in the above-captioned proceed-r ing have been served on the following persons by posting the same in the U.S. Mails, postage prepaid, this ja. day of j yn3
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Mr. John Frye III Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555' Dr. Frank F.
Hooper Troy B. Conner, Esq.
School of Natural Resources Conner, Moore & Corber University of Michigan 1747 Pennsylvania Avenue, N.W.
Ann Arbor, MichigIsn 48109 Washington, D.C.
20006 William J. Moran, Esq.
John D. Woliver, Esq.
General Counsel P.O. Box 47 Cincinnati Gas & Electric Co.
550 Kilgore Street P.O.
Box 960-Batavia, Ohio 45103 Cincinnati, Ohio 45201 Chairman W. Peter Heile, Esq.
Atomic Safety and Licensing Appeal Assistant _ City Solicitor Board Room 214, City Hall U.S. Nuclear Regulatory Commission Cincinnati, Ohio 45220 Washington, D.C.
20555
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- Charles A.
Barth, Esq.
- Chairmen U.S.
Nuclear Regulatory Commission Atomic Safety and Licensing Board Room MNBB 9604 Panel 7735 Old Georgetown Road U.S. Nuclear Regulatory Commissio Bethesda, Maryland 20014 Washington, D.C.
20555 Chase Stephens Mary Reder Docketing and Service Section Box 270 Office of the Secretary Route 2 U.S. Nuclear Regulatory Commission California, Kentucky 41007 Washington, D.C.
20555
,,f N David K. Martin, Esq.
. Richard S.
Salzman, Esq.
Assistant Attorney General Chairman Division of Enviromental' Law Atomic Safety & Licensing Appeal Attorney General for the Commonwei Board of Kentucky U.S. Nuclear Regulatory Commission 209 St. Clair Street Washington, D.C.
20555 Frankfort, Kentucky 40601
- Lawrence Quarles Andrew B. Dennison a
Atomic Safety & Licensing Appeal 200 Main Street Board Batavia, Ohio 45103 U.S. Nuclear Regulatory Commission Washington, D.C.
20555
, Michael C. Farrar, Esq.
Atomic Safety & Licensing Appeal George Pattison Board Prosecuting Attorney U.S. Nuclear Regulatory Commission Clermont County Washington, D.C.
20555 154 Main Street Batavia, Ohio 45103 Administrative Judge M.
Stanley Livingston 1005 Calle Largo Santa Fe, New Mexico 87501 Mary Davis Appalachia-Science in the Public Interest P.O. Box 298 Livingston, Kentucky 40%5
- SERVED THROUGH INTERNAL NRC MAIL SYSTEM
.