ML20080R177

Request for Production of Documents.Certificate of Svc Encl

ML20080R177
Person / Time
Site:	Midland
Issue date:	10/11/1983
From:	Bernabei L GOVERNMENT ACCOUNTABILITY PROJECT, STAMIRIS, B.
To:	CAROLINA POWER & LIGHT CO.
References
78-389-03-OL, 78-389-3-OL, 80-429-02-SP, 80-429-2-SP, ISSUANCES-OL, ISSUANCES-OM, ISSUANCES-SP, NUDOCS 8310170393
Download: ML20080R177 (10)

Text

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I UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ,

SNRC ATOMIC SAFBTY AND LICENSING BOARD Before Administrative Judges 3 g g y.g Charles Bechhoefer, Chairman

. Dr. Frederick P. Cowan Dr. Jerry Harbour CFFICE OF SECRiinv DCCKETINn 4 SEpvia' CRAtal4

) ASLBP Nos. 78-389-03 OL In the Matter of ) 80-429-02 SP CONSUMERS POWER COMPANY Docket Nos. '50-329 OL~

50-330 OL (Midland Plant, Units 1 and 2)

) Docket Nos. 50-329 OM 50-330 OM INTERVENOR BARBARA STAMIRIS' REQUEST FOR PRODUCTION OF DOCUMENTS TO CONSUMERS POWER COMPANY TO: Consumers Power Corporation.

Intervenor Barbara Stamiris, pursuant to 10 C.F.R. 2.741, hereby requests Consumers Power Company (" Consume rs") to produce and make available for inspection and/or copying each docurent in the possession or custody of Consumers or subject to the control of Consumers, its agents, or its attorneys, as requested below, by or before October 21, 1983.

DEFINITIONS (a) The Ubclear Regulatory Commission or "NRC" shall mean the Nuclear Regulatory Commission, its branches, departments, sections, offices, subdivisions, its present and former commissioners, admini-strators, management, employees, agents, representatives, consultants, or officials, or their agents, attorneys or representatives.

(b) " Consumers" shall mean Consumers Power Company, its subsi-diaries, branches, divisions, departments, sections, affiliates, its present and former directors, management, board of directors, employees, staff, agents, consultants, officials, attorneys or representatives, t

or their attorneys and representatives.

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8310170393 G3f011 PDR ADOCK 05000329 PDR g _

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4 (c) "Bechtel" shall mean the Bechtel Power Corporation or any of its branches, divisions, subsidiaries , auxiliaries, departments, sections, subdivisions, parent companies, present and former directors,

, management, board of directors, employees, staff, agents, consultants , .

officials, attorneys, or any other corporation or coLpany which is a member of the Bechtel family, or their attorneys or representatives.

(d) " Document" shall mean every writing of every type or descrip-tion, and every other instrument or device by which, through which or on which information has been recorded and/or preserved, including but not limited to memoranda, notes, letters, drawings, files, graphs, charts, photographs, slide presentations, handwritten notes, logs, j ledgers, studies, data sheets, appointment calendars, telephone

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messages, meetings, calculations, computations, financial statements, voice recordings and other data compilations or every other device or medium on which or through which information of any type is transmitted, F

! recorded or preserved.

F (e) " Person" shall refer to any natural person,. firm, partner-ship, joint venture, trust, corporation or any other entity, natural or legal, domestic or foreign.

discussion, (f) " Communication" shall mean communication conversation, letter, memorandum, telephone call, message or direction whether written or oral or whether in person, by telephone or by mail.

1 (g) The OI Investigation and/or OI Report shall mean the l

l original NRC investigation or report into alleged violations of the l

- Atomic Safety and Licensing Board ("ASLB") Order of April 30, 1982, i

completed at or about June 2, 19 83, by the NRC's Office of Investigations.

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(h) The Supplemental OI Investigation and/or Supplemental OI Report shall mean the supplemental NRC investigation and report into Consumers' alleged violation of the Board Order, which investigation resulted in the Supplemental Report dated September 12, 1983.

(i) Region III shall mean all management and employees of Region III of the Office of Investigation and Enforcement, including but not limited to the Regional Administrator, inspectors, the Office of Special Cases, the Midland Team, and all other managers and employees with any responsibilities or duties related to the Midland Nuclear Plant.

INSTRUCTIONS FOR USE A. All cocuments are to be made available for inspection and/or copying which are in your possession or under your control, or in the possession or under the control of your officials, executives, c;..eloy ee s , staff, directors, management, a ttorney s ,

consultants, accountants, or their agents, representatives or atto_rneys. ,

B. If Consumers contends that any document responsive to any request for pivduction listed below is privileged in whole or in part, or otherwise objects to any part of any request, state the l

reason for cach objection or grounds for exclusion, and identify each percen h:rin~ knowledge of the factual basis, if any, on which the privilege or other ground is asserted.

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C. If any document responsive to any request for production is no longer in existence, then answer the following questions:

1. identify what information was maintained;

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. 2. identify the type of document which contained such information;

3. state the time period during which such document was maintained; **

4. state the circumstances under which such document .

ceased to exist;

5. ctate the date when such document ceased to exist;

6. identify all persons having knowledge of the circum-s{ances under which such document ceased to exist; and

7. identify all persons who have knowledge or had knowledge of the document and the contents thereof.

. This Request for Production is deemed to be continuing such that Consumers is requested to supplement production with all responsive documents which come into its possession, castody or control subsequent to production of documents pursuant to intervenor's request.

DOCUM:"'~2 TO BE PRODUCED All documents which constitute, relate to, mention or refer to in any way the following:

1. Documents produced for review, . inspection, or copying by any NRC investigator during the OI Investigation, .the Supplemen'tal OI Investigation, and any investigation independent of the two OI investi-l gations conducted by Region III into the alleged violation of the l ASLB Order.

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2. The May 20, 1982 Meeting between Consumers and the NRC, l including but not limited to any notes taken, maintained, reviewed, or received by any attendee. of the meeting.

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. 3. The May 21, 1982 Exit Meeting between Consumers, NRC and Bechtel, including but not limited to any notes taken, maintained, reviewed or received by any attendee of that meeting.

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4. The May 25, 19 82 Letter from NRC to Consumers, attached as Attachment 4 to the OI Report.

5. The June 4, 1982 Letter from Don Horn to W. Bird, B. W.

Marguglio and M. Dietrich, attached as, Attachment 9 to OI Report.

6. Any Consumers or Bechtel investigation of the alleged violation of the ASLB Order; exca"ation of the deep Q duct bank or fireline relocation.

7. Consumers or Bechtel's knowledge, awareness or notice that the NRC has prohibited excavation of the deep Q duct bank or reloca-tion of the fireline without prior NRC approval.

8. John Donnell's employment with Babcox & Wilcox, or any sub-division or subsidiary, as an employee or on a contract basis with Babcox & Wilcox;

a. prior to assignment to the Midland Project;

b. during employment at the Midland Project;

c. cmployment af ter Donnell lef t the Midland Project, including but not limited to any evaluations of or comments on Mr.

Donnell's work while at the Midland site.

9. John Donnell's termination and/or separation from employment at the Midland Project, and Mr. Donnell's efforts to find other employment af ter this termination and/or separation from Babcox &

Wilcox at Midland.

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> 10. Communications with Mr. Donnell subsequent to his termination and/or separation as an employee at the Midland site.

11. Decision (s) or discussion (s) regarding the actual or proposed disclosure or nondisclosure by Consumers of information to NRC con-cerning alleged violation of the Board order, including but not limited to disclosures regarding Mr. Donnell.

12. For the period March 1, 1982 through September 30, 1982, the following, unless already produced pursuant to prior discovery request:

a. Progress Schedule Status Reports;

b. Short Term Action Plans for Soils Remedial Work;

c. Consumers Integrated Project Schedules for Auxiliary Building Underpinning;

d. Consumers' Planning Schedules for Service Water Pump Structure Underpinning;

e. Mergentine Daily Construction Schedules with related

" Restraint List (s) for Daily Construction Schedule" and " Letter (s) of Transmittal" from Mergentine to Bechtel;

f. Official Meeting Notes for Remedial Soils Weekly Schedule Review meetings;

g. Ninety-day revolving schedules;

h. Project II programs related to deep Q duct bank excava-tion or fireline relocation;

i. Design documents regarding excavation of deep Q duct bank or fireline relocation, including but not limited to the following:

1. Mergentine-Hanson Drawing No. FW-6, Rev. O, dated 1/25/81, " Plan, Profile, Freezewall and Boring,";

2.. Bechtel Drawing 'No. C-1316 (Q), Rev. O, dated February 1, 1982, titled " Yard Work Freezewall Plan and Profile";

3. Drawing Change Notice No.1-C-1316 (Q) ;

4. Bechtel Drawing No. C-1316 (Q) Rev. 1, dated April 9, 1982;

5. Mergentine Drawing F 7220-C195-58-2, M-2, Rc. visions O through 4, 'uding any subsequent revicions of Revision 4.

j. NRC . ' tion List (s) for period January 1982 through September 30, 1982.

13. Meetings, conversations, . discussions or communications

! related to enforcement action which may be taken or has been taken against Conswaurc as a result of the OI Investigations and findings of those investigations into alleged violation of the ASLB Order.

14. Meetings, discussions, . conversations, .or communications between the NRC, on the one hand, and Consumers or Bechtel on the other concerning the OI Investigation; OI Supplemental Investigation; the alleged olalation of the Board Order; the deep Q duct bank excava-tion or fireline relocation which are the subjects of the OI Investiga-tions.

15. Activities or items determined to be covered or considered to be covered by the ASLB Order, including but not limited to documents mentioning, referring to or related in any way to Bechtel and Mergentine meetings held on May 5, May 6 and May 7, 1982.

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16. Ipnk Note to Kostielney dated July 8, 1982 and referenced on pages 21 and 29 of the Supplemental OI Report.

17. All documents identified in response to any interrogatory posed by Iatervenor Barbara Stamiris in her Re' quest for Production of Documents to Consumers Power Company, dated October 11, 1983.

Respectfully subbmited, A

LYN ERNABEI Gov rn ent Acountability Project or he Institute of Policy dies 1901 Que Street, N.W.

Washington, D.C. 20009 DATED: October 11, 1983 234-9382 I

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I UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of: ) Docket Nos. 50-329-OL

) 50-330- OL CONSUMERS POWER COMPANY ) 50-329-OM

) 50-330-OM-(Midland Plant, Units 1 and 2) )

)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Intervenor Barbara Stamiris' Request for Production of Documents to Consumorm Power Company were mailed, proper postage prepaid, this 11thday of October, 1983, to:

CCharles Bechh>t6e, W. Frank J. Felley Administrativa.i"",e - Attorney General State of Michigan Atmic Safety and Licensing Board Steward H. Freeman U.S. Nuclear Regulatory Otrxnissian Assistant Attorney General Washington, D. C. 20555 Envircnmental Protection Divisiat 525 W. Ottawa Street, 720 law Building

, *Dr. Jerry Harlour Lansing, Michigan 48913 Administrative Jud:e Atomic Safety :, .d .iccasing Board Ms. Mary Sinclair U.S. Nuclear a W.o .r C.xmission 5711 Sumerset Street Wasnington, D. C. 20555 Midland, Michigan 48640 Dr. Frederick P. Cowan Ms. Barbara Stamiris Administrati"e 7"4 a 5795 N. River 6152 N. Verd- Orr.:._, .';t. B-125 Freeland, Michigan .48623 Boca Raton, Florida 33433 Wendell H. Marshall, President James E. Ennner, Esq. Mapleton Intervenors Consumers Poer Corpany RED 10 l 212 West Michigan Avenue Midland, Michigan 48640 Jackson, Michigan 49201

• Docketing and Service Section U.S. Nuclear Regulatory Ccrmission Washington, D. C. 20555

'"_ MM MsJ.,M.nhab "

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b Mfrtm M. Cherry, P.C.

Peter Flynn, P.C.

Cherry & Flyrm-Three First National Plaza .

Suite 3700 .

Chicago, Illinals 60602 OAtanic Safety and Licensing Board

• U.S. Nuclear Regulatory Co: mission Washington, D. C. 20555 CAtonic Safety and Licensing ,

Appeal Panel U.S. Nuclear Regulatory Ccmissicn Washington, D. C. 20555 St&ve J. Gadler, P.C.

2120 Carter Avenue St. Paul,)N 55108 ,

Frederick C. Williams, Esq.

Isham, Lincrain s scale 1120 Connecticut Avenue, N.W.

Washington, D.C. 20036

• Willian D. Paton, Esquire Office of D:e=ti.r Legal Director ,

U.S. Nuclear Rguawry Ccmissicn Washington, D. C. 20555 Philip Steptoe Isham, Lincoln and Beale

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Counselors at Law One First National Plaza Forty-Second Floor Chicago, Au uvuva i .

ODelivered through the NRC internal mails.

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