ML20080F245

Memorandum Supporting Miami Valley Power Project 830603 Motion to Reopen Record for Admission of Eight Contentions. Torrey Pines Mgt Review & NRC Repts Confirm Project Substantially Correct on Qa.Certificate of Svc Encl

ML20080F245
Person / Time
Site:	Zimmer
Issue date:	09/13/1983
From:	Woliver J FRANKHAUSER, D.D., WOLIVER, J.D.
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8309190233
Download: ML20080F245 (5)

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• UNITED STATES OF AMERICA

. NUCLEAR REGULATORY COMMISSION 00CKETED uswac ATOMIC SAFETY AND LICENSING BOARD

1. '83 SEP 15 NO:31 In the Matter of )

THE CINCINNATI GAS AND ELECTRIC f0C T NG & SE 'fibf.

> COMPANY, et al. ) Docket No. 56ASEBOL

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(Wm. H. Zimmer Nuclear Power ) l Station)

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DAVID FANKHAUSER' S MEMORANDUM IN SUPPORT OF MIAMI VALLEY POWER PROJECT'S JUNE 3, 1983 MOTION TO REOPEN THE RECORD FOR ADMISSION OF EIGHT CONTENTIONS On June 3, 1983 intervenor Miami Valley Power Project (MVPP) moved to reopen the record for admission of eight contentions per-taining to quality assurance (QA) and character and competence at the Zimmer Nuclear Power Station. Although contentions covering the same issues were presented last year, the new contentions were based largely on new evidence not before the Atomic Safety and Licensing Board (Licensing Board) when it ruled on the contentions last July.

Intervenor David Fankhauser has been a participant i n the Zimmer proceedings for six years and on September 23, 19 82 filed a memorandum in support of MVPP's petition for reconsideration af ter the Commission dismissed the contentions. Mr. Fankhauser continues to support MVPP's efforts to litigate the quality assurance and character and competence issues.

This memorandum is being filed specifically in response to

! several develcpments that further justify MVPP's motion. The Torrey l

Pines management review and recent Nuclear Regulatory Commission (NRC) staff reports confirm that MVPP was udbstantially correct both in its O $8 PDR g503

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assessment.o.f the causes of the QA breakdown and of 'the hardware e f fects . When MVPP originally raised its contentions,both Cincinnati Gas and Electric (CG&E) and the NRC staff denied the charges for which the intervenors have been vindicated.

-Although there-is now little questions that the intervenors' contentions are substantively accurate, CG&E still refuses to concede the obvious. Now even more than before, the public at large, and the . citizens of clermont County in particular, should be given the right to participate in . and view a hearing into the full scope and solutions for the quality assurance violations that threaten our

'hbmes. Without licensing hearings, the truth may not be enough to make a significant ' difference. Both the NRC staff and Torrey Pines have -backed off from the hardest issues and -the correct'ive action necessary to develop any public credibility that Zimmer will be

, . completed safely.

j- Despite finding widespread hardware defects, the NRC staff i already has ' indicated that only " accessible" itens of the plant need to be reinspected. That is not enough when the whole plant is potentially dangerous. The " inaccessible" hardware the NRC wants to skip may cause an accident.

t Torrey Pines' recommendations for a solution were equally disillusioning. After confirming pervasive, intentional CG&E

- monagement disregard of minimum quality requirements for over a decade, Torrey Pines recommended reshuffling the sane basic crew of managers. 'Although Torrey Pines confirmed that many of the most serious problems persist even today, it somehow asserted a

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miraculous change in attitudes among CG&E managers.

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j It is very disappointing that Torrey Pines did not publicly release the evidence to support either its conclusions of intentional misconduct, or its' perception dhat CG&E has been " born again" with faith in the law and in quality assurance. Apparently the evidence is considered CG&E's property, and the NRC is only asking for a few of the documents Torrey Pines obtained.

The NRC staff and CG&E have said that MVPP waited too long to file its evidence. That claim is hypocritical and unfair. CG&E and the NRC have failed to share the same evidence with the Licensing Board for years, although they both had access to it. MVPP did not have access to the evidence until last year. If the NRC and the utility were anywhere near as diligent as MVPP has been, theQA breakdown would not have occurred in the first place. The whistle-blowers and intervenors stopped the coverup at Zimmer by the same parties who are now crying foul. Rather than punishing the inter-venors by denying their due process rights for taking too long to find the problens, the Licensing Board should punish CG&E for hiding them all these years.

l Respectfully submitted, JOHN WOLIVER l Attorney for David Fankhauser i P.O. Box 279

( Batavia, OH 45103 r

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Nh CERTIFICATE OF SERVICE 3j I HEREBY CERTIFY that copies of the foregoing d um t have been served by ordinary U.S. mail, postage prepgg[ b-the following persons this / day of September,_1963:

John H. Frye 11I Chase Stephens Chairman, Atomic Safety Docketing and Service Branch and Licensing Board Office of the Secretary U .S. Nulcear negulatory U.S. Nuclear Regulatory Commission Commission washin6 ton, D.C . 20555 Washington, D.C. 20555 Dr. Frank F. Hooper, Member Chairman, Atomic Safety and Atomic barety and Licensing Licensing Appeal Board Panel Boaro U .S . Nucle.ar Regulatory School of Natural Resources Commission University of michigan Washington, D.C. 20555 Ann Arbor, Michigan 48109 Chairman, Atomic Safety and Dr. M. Stanley Livingston Licensing Board Panel Atomic Safety and Licensing U.S. Nuclear Regulatory Boara Commission 1005 Calle Largo Washington, D.C. 20555 danta Fe, New Meiico 87501 George Pattison Alan S. nosenthal., tsq. Prosecuting Attorney of Cnairman, Atomic Safety and Clermont County Licensing Appeal Board 462 Main Street U.S. Nuclear Regulatory Batavia, Ohio 45103 Commission Stephen F. Eilperin Washington, D.C . 20555 Atomic Safety nnd Licensing Appeel Deborah Webb Board U.S. Nuclear Regulatory Commission i

7967 Alexandria Pike Washington, D.C . 20555 Alexandria, Kentucky 41001 Andrew B. Dennison, Esq. Howard A. Wilber Attorney at Law Atomic Safety and Licensing Appeal 200 Main Street Board l U.S. Nuclear Regulatory Commission l Batavia, Ohio 45103 Washington, D.C. 20555 j Troy B. Conner, Esq. Brian Cassidy, Esq.

Conner, Moore and Corber 1747 Pennsylvanla Ave.. N.W. Re ional Counsel Fekeral Emergency Management

Washington, D.C. 20006 Agency, Region I

. John W . McCormick POCH Lynne Bernabel, Esq. Boston, MA 02109 l Government Accountability Project /IPS l 1901 y Street, N.W.

Washington, D.C . 20009

Robert F. Warnick NRC Region III Commissioners 799 Roosevelt Road U.S. Nuclear Regulatory Commission Glen Ellyn, filinois 60137 Washington, D.C. 20555 Paul Ryder William J. Moran Ohio Governor's Office Vice President and General Cou Statehouse .

Columbus, Ohio 43215 The Cincinnati Company Gas and Electric P.O. Box 960 Cincinnati, Ohio 45201 e