ML20080R404

Request for Production of Documents.Certificate of Svc Encl

ML20080R404
Person / Time
Site:	Midland
Issue date:	10/11/1983
From:	Bernabei L GOVERNMENT ACCOUNTABILITY PROJECT, STAMIRIS, B.
To:	NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
References
78-389-03-OL, 78-389-3-OL, 80-429-02-SP, 80-429-2-SP, ISSUANCES-OL, ISSUANCES-OM, ISSUANCES-SP, NUDOCS 8310170524
Download: ML20080R404 (9)

Text

F 'l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 6 00LKETED USNRC ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges jj gy 94 Pf2:09 Charles Bechhoefer, Chairman Dr. Frederick P. Cowan Dr. Jerry Harbour GFF!CE OF SECREit -'

00CXETING 4 SERviU ASLBP Nos. 78-389-IICOL 80-429-02 SP In the Matter of Docket Nos. 50-329 OL

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CONSUMERS POWER COis2ANY 50-330 OL

)

(Midland Plant, Units 1 and 2) Docket Nos. 50-329 OM f 50-330 OM

)

ANTERVENOR BARBARA STAMIRIS' REQUEST FOR PRODUCTION OF DOCUMENTS TO NUCLEAR REGULATORY COMMISSION STAFF TO: Nuclear Regulatory Commission Staff.

Intervenor Barbara Stamiris, pursuant to 10 C.F.R. 2.741, hereby requests the Nuclear Regulatory Commission (" Commission" or "NRC") Staf f to produce and make available for inspection and/or copying each document in the possession or custody of the NRC Staf f or subject to the control of the NRC Staff, its agents, or its attorneys, as requested below, by or before October 21, 1983.

DEFIKITIONS

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(a) The Nuclear Regulatory Commission or "NRC" shall mean the Nuclear Regulatory Commission, its branches, departments, sections, offices, s ubdivisions, its present and former commissioners, admini-strators, management, employees, agents, represen tatives , consultants, or of ficials, 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, l or their attorneys and representatives.

8310170524 831011 Ih PDR ADOCK 05000329 0 PDR

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l (c) "Bechtel" shall mean the Bechtel Power Corporation or any of its branches, divisions, subsidiaries, auxiliaries, depart-ments, sections, subdivisions, parent companies,present and former directors, management, board of directors, employees, staff, agents, consultants, officials, attorneys, or any other corporation or company which is a member of the Bechtel family, or their attorneys or repre-sentatives.

(d) " Document" shall mean every writing of every type or description, 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, ledgers studies, data sheets, appointment calendars, telephone messages, meetings, calculations, computations, financial statements, voice recordings and other data compilations or every other device or medium 6n which or through which information of any type is transmitted, recorded or preserved.

(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.

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

, (g) The OI Investigation and/or OI Report shall mean the original NRC investigation or report into alleged violations of the Atomic Safety and Licensing Board ("ASLB") Order of April 30, 19 83, comple ted at or about June 2, 19 83, by the NRC's Office of Investigations.

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

(i) Region III shall mean all management and employees of I 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.

l l INSTRUCTIONS FOR USE A. All documents 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 commissioners, officials, j executives, employees, staff, directors, management, attorneys,

! investigators, inspecto rs, consultan ts, auditors, accountants, or their agents, representatives or attorneys.

B. If the NRC contends that any document responsive to any l

request for production listed below is privileged in whole or in i

part, or otherwise objects to any part of any request, state the

! reason for each objection or grounds for exclusion, and identify each person ha' zing knowledge of the f actual 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

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1. identify what information was maintained; I.

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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. state the date when such document ceased to exist;

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

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

D. This Request for Production is deemed to be continuing such that the NRC Staf f is requested to supplement production with all responsive documents which come into its possession, custody or control subsequent to production or documents pursuant to intervenor's request.

DOCUMENTS TO BE PRODUCED i

All documents which constitute, relate to, mention or refer to I

in any way the following:

1. Documents obtained, read, reviewed, or requested during the OI Investigation and the OI Supplemental Investigation.

2. The May 20, 1982 Meeting between Consumers and the NRC.

3. The May 21, 1982 Exit Meeting between Consumers, NRC and Bechtel Power Corporation.

4. Investigative procedures, rules, regulations or policies applied to or followed in the OI Supplemental Investigation.

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5. Consumers or Bechtel's knowledge, awareness or notice that Ross Landsman had prohibited excavation of the deep Q duct bank prior to NRC approval.

6. John Donnell's employment at Midland, termination and/or

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separation from employment at Midland; and his communications with NRC during the period from March 1982 to present.

7. Design documents, installation procedures or detailed schedule (s) related to Item 2.a (1) through 2.a (3) on Attachment titled " Work Areas Addressed in Order Which are Proposed to Receive Explicit NRC Authorization to Proceed," to Ronk Memorandum of May 11, 1982.

i 8. Fut Lim period March 1, 1982 through September 20, 1982, the following:

a) Progress Schedule Status Reports; b} ThOrt 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 uncerp2.nning; 4

e) Mergentine Daily Construction Schedules with related

" Restraint List (s) for Daily Construction Schedule" and " Letter (s) of Transmi tral" from Mergentine to Bechtel; f) Of ficial Meeting Notes for Remedial Soils Weekly Schedule Review Meetings; g) Ninety-day revolving schedules; and h) Project II program, as related to deep Q duct bank excavation or fireline relocation.

9 9. Office of Investigation investigators' notes of interviews; of review of documents; and of drafts of reports related to OI Investigation or Supplemental OI Investigation.

10. Drdf t copies of OI Report and Supplemental OI Report.

11. Meetings, conversations, discussions or communications related to enforcement action which may be taken or has been taken against Consumers as a result of the OI Investigations and findings of those investigations into alleged violation of the ASLB Order.

12. Meetings, dis cussions, 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 violation of the Board Order; the deep Q duct bank excava-tion or fireline relocation which are; the subjects of the OI Investi-gations.

13. Region III's evaluation, criticisms, praise, o; comments on OI's Investigation or OI's Report, or OI's Supplemental Investigation and Supplemental OI Report on alleged violation of ASLB Order, in-cluding but not limited to (a) documents mentioning, referring to or evidencing the l

adequacy of the OI Reports or OI Investigations; and (b) documents mentioning, referring to, or eviden~cing Region III's suggestions re the OI Investigations and Reports.

14. Any investigation of Region III, as separate from the Office of Investigation's investigations, into the alleged violation of the Board Order.

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15. Drafts of the Hayes to Keppler Transmittal Memo, dated September 12, 1983, and released to the parties at some point af ter September 12, 1983.

Respectfully submitted, Lx 4 ULRNABL1 Go e' r ent Accountability Project fo r he Institute for Policy y dies 1901 Que Street, N.W.

DATED: October 11, 1983 Washington, D.C. 20009 e

s

00LKETED

• USNRC

- UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION W ET 14 Pl2:09 Before the Atomic Safety and Licensing Board CFFICE OF SECRt.!C 00CKEilNG & SERVtM BRANCH In the Matter of: ) Docket Nos. 50-329-OL

) 50-330-OL CONSUMERS POWER COMPANY ) 50-329-0M

) 50-330-0M (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 Nuclear Regulatory Commission Staff were mailed, proper postage prepaid, this lith day of Octobert_

1983, to:

ocharles Bechhoefer, Esq. Frank J. Felley Adninistrative Judge -

Attorney General State of Michigan Atomic Safety and Licensing Board Steward H. Freernan U.S. Nuclear Regulatory Ocnnission Assistant Attorney General Washington, D. C. 20555 Envircnmental Protection Division 525 W. Ottawa Street, 720 Iaw Building

'Dr. Jerry Harbour Lansing, Michigan 48913 Administrative Judge Atcnic Safety :. .d '.icensing Board Ms. Mary Sinclair U.S. Nuclear kgulatory Ccnnission 5711 Sumerset Street

• Ashington, D. C. 20555 Midland, Michigan 48640 Dr. Frederick P. Cowan Ms. Barbara Stamiris Administratiw 7"47 5795 N. River .

6152 N. Verde TraLL, Apt. B-125 Freeland, Michigan 48623 l Boca Raton, Florida 33433 Wendell H. Marshall, President Ja.es E. Brunner, Esq. Mapletcn Intervenors Consumers Power Ctrpany RED 10 212 West Michigan Avenue Midland, Michigan 48640 Jackson, Michigan 49201

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

a Itrztm M. Cherry, P.C.

Peter Flynn, P.C.

Cherry & Flyrm Three First National Plaza ,

suite 3700 .

Chicago, Illinois 60602 CAtanic Safety and Licensing Board U.S. Nuclear Regulatory Camission Washington, D. C. 20555 CAtomic Safety and Licensing ,

Appeal Panel U.S. Nuclear Regulatory Ca missian Washington, D. C. 20555 Steve J. Gadler, P.C.

2120 Carter Avenue St. Paul,)W 55106 ,

Frederick C. WilliaTs, Esq.

Isham, Lincoln & Beale 1120 comecticut Avenue, N.W.

Washington, D.C. 20036

• William D. Paton, Esquire Office of Executive Legal Director ,

U.S. Nuclear Regulatory Ommissicm Washington, D. C. 20555 Philip Steptoe '

Isham, Lincoln and Beale ,

Counselors at Law One First National Plaza  : - MC {

Forty-Second Floor .  !

Chicago, IL 60603 /

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• Delivered through the NRC internal mails.

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