ML20076J209

Cumberland Chapter of Sierra Club Amicus Curiae Brief Supporting Miami Valley Power Project Renewed Attempt to Obtain Hearing on Eight QA Contentions.Util Cannot Be Trusted to Correct Deficiencies.Certificate of Svc Encl

ML20076J209
Person / Time
Site:	Zimmer
Issue date:	05/20/1983
From:	Sierra Club
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20076J122	List: ML20076J120 ML20076J136 ML20076J152 ML20076J164 ML20076J169 ML20076J183 ML20076J200 ML20076J209
References
NUDOCS 8306200376
Download: ML20076J209 (4)

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UNIT 33 STATJS OF AMERICA NUCLEAR REGULATCRY CODiISSION -

ATCEIC SAW AND LICENSING BOARD Mr. John H. Fryo III Judge Stanley M. Livingston Dr. Frank F. Hooper In the P.atter of a CINCDiNATI OA3 AND ELECTRID c CCMPANY, ET AL, DOCKET NO. "'o-538 (William H. Zimer Nuclear  :

g PowerStation)

AMICUS CURIAE BRIEF FROM THS CU::B3RLAND CHAPTf3 0F THE SIERRA CLUB SUPPORTDIG THE MIAMI VALLEY POWER PROJ3CT'S

- - RENE'JED ATT2MPT TO CBTAIN ATOMIC SAF3TY AND LICENSING BOARD H2ARINGS ON E1CHT QUALITY ASSURANC3 CONTENTIONS Hay 20, 1983 The Cumberland Chapter of the Sierra Club first became worried about tha coniition of the Zimmer Nuclear Power Plant in early 1981, when members read affidavits given by Zimmer enloyees or former employees, to the Government Accountability Project (GAP), legal counsel of the Miami Vr.11ey Power Project.

Since, we have monitored developments at the plant closely, and the more we have learned the more alarmed about the plant's safety we have become.

That there has been a complete breakdown in the quality assurance program at Zimmer is obvious. James Keppler, Director of Region III of the Nuclear Regulatory Commission (NRC), stated in November of 1981 that for the first 95 of the plant's construction the quality assurance program was " totally out of control." In the fall of 1982 during the Cincinnati Environmental Advisory Council's hearings on the plant he said again that there had been a " total breakdown" in quality assurance.

Reports of irregularities at the plant which are scattered in NRC documents, form a strong indictment of Zimmer when they as put side by side. Moreover, GAP has amassed an overwhelming volume of evidence of the breakdown, as a result of inter-viewing construction workers and inspectors at the plant. Among the many, many points for which they have documentation a.re deficient welding (the qualifications of the approximately 2,000 welders who worked at Zimmer are suspect), improper hydrostatic test procedures which may have damaged valves, lack of traceability of 4 components, and purchases from unapproved vendors.

It is clear that Cincinnati Gas and Electric (CG&E) cannot be trusted to correct deficiencies at the plant. O&E has always maintained that the breakdown in qua.lity assurance was the result of its entrusting the quality acsurance (@) program to Kaiser. However, there is abundant evidence that CC&S deliberately prevented Eniser from implementing an effective progr u , because the utility thou6ht that a good 8306200376 830520 -

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.a quality assurancs program would be too expensive. Kaiser warned CC&E of what would be the result of its cost cutting. Cetober 14, 1974, Kaiser's QA manager Wil-liam Friedrich, for instance, told President Earl Borgman ht additional 1;nspectors were " absolutely essent%'. . . to assure the requirements of 10 CFR 50, Appeniix B are nat." On August 1 ne explained to Borgmann that the " ratio of one inspector for every 51 direct craftsmen . . . is far less than any other nuclear plant being built unier 10 CFR 50." After the IGC in April of 1981 asked CG&E to develop and

assume control of a quality Conformation Program, the quality assurance program at Zimaer deteriorated rather than improved. QG&E developed an action plan to re-duce the number of Honconformance Reports (NR's) rather than a plan to ensure the safety-of Zinmer. The number of IG's was cut by such invalid means as identifying

for " corrective action" inspectors who wrote IG's. A quality control inspector j in an affidavit of August 26, 1982, summed up the atmosphere at the plant: "Every j day at Zim er, career decisions are made by those who must choose between th'eir L professional ethics and ther paychecks." One of the most dangerous techniques as regards the future of the plant has been voiding NR's as "not issued."

Unfortunately the IGC has shown itself little more worthy of trust than CG&E in regard to Zimaer. h e lack of teeth in NRC investigations was su med up by the Cincinnati Environmental Advisory Council at the conclusion of i~ts hearings: "me

, NRC resident inspector progran did not discover most of the major problems at Zinner. Evidence iniicates that most major problems were uncovered by " whistle j

' blowers" ani not by the IGC staff." The NRC erred when'in April 1981 it put CG&E in charge of a quality Confirmation Program. CG&E had no incentive to find defi-ciencies, because repairing mistakes would be expensive. Furthermore, CG&E, by forcing Kaiser to run an inadequate QA program, caused the faults in the first place. The NRC.also erred at that time in not stopping construction despite a recomendation from the investigators on-site that work should be suspenied until --

the full scope of relevant problems could be identified. There were questionable circumstancesbehindthesuspensionoftheNRCAepartmentofJusticeCriminal l

Investigation of the plant in the' summer of 1981. The NRC in its November 1981 re-i lease of the interim finiings from its reinvestigation of the plant failed to point out that CG&E was responsible for the failure in the QA program at Zimmer. Also the NRC notified CG&E in advance about upcoming inspection's of hardware. Its most recent

showing of poor faith towards the public is its w h g of the third party review of Zimmer. James Keppler approved the Bechtel Corporation to conduct the management audit even though GI&E had already arranged to have Bechtel complete the plant. Only s strong objections from the public ani GAP's submission to the NRC of the results of research on the relationship of Bechtel ami CG&S prevented the NRC from confirming j Keppler's choice.

The Cumberland Chapter of the Sierra Club is convinced that the truth about Zimmer will become isnown only through licensing hearings at which witnesses can be cross exanined under oath ani for which documents can be subpoenaed. Moreover, licensing hearings are the only place where NRC staff policy at Zimmer can be thoroughly scrutinized. The hearings were closed before the extent of the IGC's failure to fully investigate and report on the issues was evident. Not allowing the

, hearings to be reopened would display a double standards it would punish GAP for 4

P not learning earlier of defects that the NRC itself never discovered. J t

GAP has thus far done an excellent job of protecting the public from the danger

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a threatened by Zimer. We urge you to reopen the hearings and to allow GAP to complete the work it has so ably begun. Cnly if allegations are thoroughly examined in such hearings can public confidence in the plant be restored.

T ., . - - _ . _ . - . . _ _ ____Z.--_-_.____.____ ___.1 _ _ _ _ __ . _.

CERTIFICATE OF SERVICE Anicus Cu iae Brief from the Cumberland r

I hereby certify that copies of UFapter of tho Sierra Club Supporting the Miami Valley Power Pro.iect's Renewed Atta=pt to Obtain Atomic SKfety and Licensing hav=1 meinen an Rieht ouality Assurance Contentions in the above-captioneti proceed-ing have been served on the following persons by posting the same .,

in the U.S. Mails, postage prepaid, this ')1 day of May.

1983..' .

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IIr. John Frye T.II Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission -

Washington, D.C. 20555' ,

Dr. Frank F. Hooper Troy B. Conner, Esq.

Schcol of Natural Resources Conner, Moore & Corber ~

University of Michigan 1747 Pennsylvania Avenue, N.W.

Ann Arbor, Michigan 48109 Washington, D.C. 20006 William J. Moran,;Esq. John D. Woliver, Esq.

General Counsel P.O. Box 47 g

Cincinnati Gas & Electric Co. 550 Kilaore Street P.O. Box 960 Batavia, Ohio 451'03 Cincinnati, Ohio 45201

• Chairman W. Peter Heile, Esq. Atomic Safety and Licensing Appeal Assistant City Solicitor ,

Board Room 214, City Hall U.S. . Nuclear Regulatdry Commission Cincinnati, Ohio 45220 Washington, D.C. . 20555 4

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• Cr.arles A. Barth, Esq.'

• Chsirman -

U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board i Room MNBD 9604 Panel l 7735 Old Georgetown Road U.S. Nuclear Regulatory Commissio: )

Bethesda, !!aryland 20014 Washington, D.C. 20555

• Chase Stephens Mary Reder  :

Docketing and Service Section Box 270 l Office of the Secretary Route 2 U.S. Nuclear Regulatory Commission California, Kentucky 41007 Washington, D.C. 20555 -

1 David K. Martin, Esq.

. Richard S. Salzman, Esq. -

Assistant Attorney General Chairman Division of Enviromental Law Atomic Safety & Licensing Appeal Attorney General for the Commonwer 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 eMichael 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

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M. 3. Davis l Cumberland Chapter of the Sierra Club 259 West Short Street Lexington,'Y K 40507

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• SERVED THROUGH INTERNAL NRC MAIL SYSTEM -

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