ML20080S721

Affidavit of Bp Garde Re Discrepancies in Const Completion Dates.Exhibits Encl

ML20080S721
Person / Time
Site:	Midland
Issue date:	09/21/1983
From:	Garde B GOVERNMENT ACCOUNTABILITY PROJECT
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20080S710	List: ML20080S706 ML20080S721
References
ISSUANCES-OL, ISSUANCES-OM, NUDOCS 8310180465
Download: ML20080S721 (23)

Text

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UNITED STATES OF AMERICA NUCLEAR Ev,GULATORY COMMISSION Before the Ates_ic Safety and Licensing Board In the Matter of: ) Docket Nos. 50-329-OL

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

) 50-330-OH (Midland Plent, Units 1 and 2) )

)

AFFIDAVIT I Billie Garde, being duly sworn, do depose &nd says

1. I am Director of the Citizens' Clinic for Accoun-table C: :r.ra-t of the Covernment Accountability Project

(" GAP").

2. Based on conversations with Nuclear Regulatory Commisrdra **=ff I was informed that the initial Caseload Foreca L souci meeting f or Midland was requested for October, 1982. That meeting was cance* I nd at the request of CPCo and rescheduled to "three to four months later." (See Telecon Record ei - . *J October 5, 1983, attached and incorporated herein as Exhibit 1.) The meeting was rescheduled for April 19-20, 1983 in Midland, Michigan.

3. A1LI.ough I did not personally attend that meeting I hav e had the opportunity to review in detail information about une meeting made availabie on the public record and through documents GAP obtained under the Freedom of Information Act

("FOIA"). The digest of these FOIA documents is attached and incorporated h er e in a s Exhibit 2.

8310180465 831013 PDR ADOCK 05000329 0 PDR

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4. At that meet'ing Consumers Power Company revised its estimated cost and completion schedule for the Midland plants.

It announced .s rev$ red cost of $4.43 billion, up from $3.39 billion, and completion dates of October, 1984 for Unit 2, and ,

February, 1985 for Unit I. See meeting summary of April 20,

~

1983, attached and incorporated here33 as Exhibit 3.

5. After this meeting the Case Lead Forecast Panel completed its review of the schedule information provided it

' by Consumers. It then forwarded a draft memo to the Office of Nuclear Reaction Regulation ("NRR") by mid-May, 1983. By May 17, 1983, Darl Ecod prepared a handwritten draft of a letter to be m.. L, !Lo... Novak, Assis tant Director of NRR, to James Cook, Consumer s ' Vic e-Pr es id en t . See Handwritten Nevak Letter, attached and incorporated herein as Exhibit 4.

~ "

6. *", 1983, a typed copy of the same letter was preparea for signature by Mr. Novak. The concurrene s blocks on this draft letter indicate that entire Caseload Forecast Panel cene rred ir. the letter, including Darl Hood, J. Harrison, Ron Garen;: t r. : '.;1111am Lov ela ce.

7. Upon information and belief the NRC Staff urged its attorney to inform the Atomic Safety and Licensing Board of its schedu1* ~=* -acae =4nce they dif f ered substantially f rom Consumers' projected schedule. ,

8. On June 3, 1983, the Do'w Chemical Company ("Dow") sent a letter to Consumers indicating concern over the revised cost and schedule estimates that Consumers announced in April and requesting documents. See June 3, 1983 Dow Letter, attached

)

i and incorporated herein as Exhibit 5.

9. .The NRC acheduled a public meeting on the Caseload Forecast Fanel schedules estimates for June 23, 1983, at the quality Inn in Midland, Michigan. This meeting was postponed and rescheduled for July, 1983. .

This tentativuly-scheduled July meeting was later post-1 poned until August.

No public meeting was held in August. An August 9, 1983,

, letter written by Mr. Novak to Consumers'. Power indicated that a public meeting would be held in September but no meeting has been noticed up to this date.

lu. asseo on conversations with NRC Staf f and Consumers' employees I understand that soon after receiving the June 3, 1983 Dow letter. Consumers' requested a r;eting with NRC official. .. Ciscuss the upcoming June 23, 1983 public meeting and the wide divergence in NRC and Consumers' completion dates.

Upon information and belief Consumers' also wished to lobby to change LLv members of the Caseload Forecast Panel.

Upon information and belief Consumers told the NRC that the Caseload Forecast figures were much less significant to i

l the NRC than to Convuners. The NRC simply used the figures as a -- --a*gement tool whereas public release of the completion dates would have ser,ious financial consequ ences for Consumers. -

11. Upon information and belief the NRC did not schedule a aceting but instead held a telecon in which Mr. Novak of NRR,

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and other NRC staff p'articipated. Subsequent to that telephone conversation the June public meeting was cancelled and rescheduled for August.

12. On July 11, 1983, I made a FOIA request for all docu-ments related to the Caseload W recast Panel April meeting. See FOIA request, attached and incorporated herein as Exhibit 6.

On August 6, 1983, I contacted the NRC FOIA Office and was informed that the documents would be released the following day.

On August 9, 1983, I picked up the documents. I was informed by FOIA OfficerCarol Ann Reed that the NRC released all docu-ments except an early draft of the Novak letter, prepared by the C&seload Forecast Panel members.

, 13. On August 9,1983, Mr. Novak released a letter he wrote L Te ..c. -

in which he revised the Caseload Forecast Panel's cc:i -ted completion dates for the Midland plants.

The completion dates cited in the August 9, 1983 Novak letter are 12 months earlier than the original estimates contained in the draft Novak letter concurred in by the panel it; May, 1983.

In addition, the tone of the final, August c. 1983 Novak letter differs from the draft in that it does not contain the statement: "The panel's estimate includes no provision f or delay assoclitec with future plant financing."

& M Billie Pirner Garde Ir.m :et el cc! = hts est!

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v. cwnsmnr, TELECON RECORD - DATE Oct .,. 4,u f .

PrEicipants -

Comp ny

- ...C.ogic.a .to.: .UTI:

9 J Sullivan CP,Co MDiiller, IIAB D Bood NRC PSteptoe IIAB

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UBJECT

• Indgaudent Review Program - . .r, -

', Ca+esoad Forecast Panel Visit . ,p/ '

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%W SCUSSION:

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S colled Darl Hood to discuss the scheduling of h k@ y.

meetingsI on I

the ..6}

informed him that bur Independent Review Program Plan submittal would be to NRC by Oct 5. Be said that h3 had. discussed the need for a meeting within the Staff but would await our submittal to cch:dule a meeting. I emphasized the importance of an early meeting to allow us timely Laitiatipn of the program, particularly industry's consnitment to complete INPD-type evalua-dans this year.

l .

En respoWse to D Hood's earlier proposal of a Caseload Forecast Panel visit on Nov 16 - 19, 1982, I pointed out a nu6 av nf reasons why CP Ce feels this is inappropriate:

i

$c) CP Cp needs to receive and review the forthcoming soils ,.SSER.

Eb) Th2 soils work is controlling however CP Co has not been released to initiate the work cnd this activity should take precedence for both CP Co and NRC.

@c) It would be beneficial to get into the soils work to better assess production rates, c nstruction sequences, etc.

jd) Th2 current sit'uation is not amenable ts r.ormal caseload Forecast Panel assessment and l requires more preparation on the part of both RC and C' Co and the key people who need .

l to do t#is work are currently fully occupiad trying to. remove remaining constraints to initiate the soils re:nedial activities.

d cn alternative I indicated that CP Co intends to notify the ASLB this month hat the 7/83 fuel Ic2d date will not be met due to our inability to initiate' the soils work and that the

)rccino date is indeterminate pending issuance of the SSER, NRC release of the soils work, lGId CP Co's detailed review of production rates, construction sequences, etc based on the

@ ova. CP Co would be prepared to support a Caseload Forecast Panel visit approximately l:hroa months following initiation of soils remedial measures (auxiliary building) and a more _

fciinito target fuel load date could be provided to the ASLB at that time. -

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caod .folt the Board might want a more defiritive schedule but agreed that the proposed approa lscts roegonable and that he should discuss it within the Staff. He indicated the soils *

$ SIR Dhould issue this week. .

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( y (C]JTED STAtts NUCLEAR RESULATORY CObe .v.3 LMUWlf 7g J WASHf NCTON. D. C,30586

\ce,**/ AUG 0 t m3 -

d et Nos. 50-329/330 Ms. Billie M rner Garde -

Government Accountability Project Institute for Policy Studies 1901 Que Street, N.W. IN RESPONSE REFER Washington, DC 20009 TO FOIA-83-397  !

Dear Ms. Garde:

This is in response to your letter dated July 11,1983, in which you requested, pursuant to the Freedom of Infomation Act, all documerits relating to the Caseload Forecast Panel meeting held April 19, 1983 regarding the Midland Nuclear Power Plant.

The documents listed on Appendix A are subject to your request. These ,

documents, with the exception of item 3, are being placed in our Public Docurr,ent Room,1717 H Street, N.W., Washington, DC.

reproduction charges. The cost of OnAugust5,1983,youagreedtopay($0.05)perpage,asspecifiedin do 11 producing 10 CFR 9.14 .

(a)cuments is five Accordingly, the cost centsof reproducing 857 pages is

$42.85. You will be billed for this amount by our Division of Accounting.

Dxwnent 3 on the Appendix is being withheld in its entirety from public disclosure pursuant to exemption (5) of the Freedom cf inicmstion Act (5 U.S.C, 552(b)(5)) and 10 CFR 9.5(a)(5) of the Comission's regulations.

This draft was prepared as part of the agency's deliberative process for developing an inuependent estimate of construction completion for resource planning purposes. Disclosure of this draft would impede the future frank and candid exchance of views between members of the NRC staff in the development of these independent staff estimates of reactor construction completion. There are no reasonably segregable portions of this document.

Pursuant to 10 CFR 9.9 of the Comission's regulations, it has been determined that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest. The persons responsible for this denial are the undersigned and Mr. Hari' L..L... Director, Office of Nuclear Reactor Regulation.

This denial may be appealed to the Comission's Executive Director for

! Operations within 30 days from the receipt of this letter. As provided l in 10 CFR 9.11, any such appeal must be in writing, addressed to the l Executive Dir::t:r f:r Operations U.S. Nuclear Regulatory Comission,

! Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."

Si Nely,

/ ,/

. M. Felton, Director

~/ Division of Rules and Rec 6rds Office of Administration

Enclosures:

As stated

APPENDIX &

1. 4/6/83 Memo for Elinor G. Adensam from Darl S. Hood re: NOTICE OF HEETING AND TOUR BY CASELOAD FORECAST PANEL TO ASSESS CONSTRUCTION COMPLETION SCHEDULES - MIDLAND PLANT. UNITS 1 AND 2 w/ enclosure (8 pages)

2. 4/19/83 Handouts and Viewgraph Slides Remaining after preparation -

ofmeetingreport(36pages)

3. Undated Draft Letter to J. W. Cook from Thomas M. Novak re: CASELOAD FORECAST PANEL ESTIMATE OF CONSTRUCTION COMPLETION SCHEDULE (2pages)

4. 5/17/83 Handwritten Note to J. Cook from T. Novak re

CASELOAD FORECASEPANELESTIMATEOFCONSTRUCTIONCOMPLETION(2pages)-

5. 4/15/83 Daily News Article by Paul Rau re: NRC TO MAKE OWN ESTIMATE ON N-PLANT (1 page)

6. 4/20/83 Midland Daily News Article by Lorie Shane re: SOILS, PIPE HANGER WORK CRITICAL TO N-PLANT COMPLETION (3 pages)

7. 4/83 f.-tivity Schedule (1 page)

8. 6/29/83 Dialy News Article by Paul Rau re: UTILITY MAY BE FAR FROM NUCLEAR PLANT COMPLETION (1 page)

9. Undan; .c.::. Ly Darl Hood re:

SUMMARY

OF APIRL 19-21. 1983 CASELOAD raarMST PANEL MEETING w/ enclosures (7 pages)

10. 5/16/o.s urait by Darl Hood (Handwritten) re:

SUMMARY

OF APRIL 19-21, i

1983 CASELOAD FORECAST PANEL MEETING w/ enclosures (9 pages) i

11. 4/19/83 Handwritten Notes re: CASELOAD VISIT MEETING - MIDLAND 1 & 2 (13p:ges) l 12. 4/24/e.: .e:r.::.:r:tten Note to G. Bachi from Darl Hood re: CLEARANCES l """EE" MIDLAND C0;; TROL CABINET 5 AND PANELS (1 page) -

13. 4/19/83 Handwritten List re: Hetting Attendants (1 page) -

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14. 4/?0821/ Handwritten Notes re: MasterPunchListItemEffect(7pages) l 1983 l

15. 4/20/83 CASELOAD PANEL PRESENTATION DATA (138 pages)

16. 4/12/83 TESTPROGRAMSTATUSANdREVISION12-TESTSCHEDULE(98pages) at- -

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Re: F0!A-83-397 APPENDIX A 17, 3/22/83 MILESTONE CON 5TRUCTION SCHEDULE - PRELIMINARY - CHART (1page)

18. 4/14/83 MILESTONE CONSTRUCTION SCHEDULE - BASE SCHEDULE - CHART (1 page)

19. 6/21/83 Letter to J. W. Cook from T. M. Novak re: CLEARANCES BETWEENCLASS1FPANFlSANDCABINETS(5pages)

20. 9/22/82 Memo for Harold S. Bassett from Darrell G. Eisenhut re:

REQUEST FOR CASELOAD PANEL VISIT FOR MIDLAND PLANT (1 page)

21. 4/19/83 Midland - List of Critical Systems -w/ chart (4 pages)

22. 4/83 April 1983 Appointment Calendar (1 page)

23. 6/1/83 Consumers Power Company - Midland Plant, Units 1 and 2, re:

SUMMARY

OF APRIL 19-21, 1983 CASELOAD FORECAST PANEL

. MEETING (111 pages)

24. 6/19/T4 i.idied Laily News Article re: Utility May Be Far From Nuclear Plant Completicn by Paul Rau w/ attached articles (3 pages)

25. 7/15/83 Preliminarv Notification re: D0!f C.NEMICAL TERMINATES STEAM c6iumci min MIDLAND NUCLEAR PLANT (1 cage)

26. 6/16/83 Preliminarv Notification re: WORKER LAV0FF (1 page)

27. 6/21/83 Preliminary Notification re: AUTHORIZATION OF FIRST MAJOR UNDERPINNING WORK UNDER SAFETY-RELATED BUILDING (1 page)

28. 6/29/C; TN1;...i. 6e y Notification re: RESUMPTION OF SAFETY-RELATED WELDING WORK ON HVAC SYSTEM (1 page)

29. 4/1C~:', ..::LA:;; TLA:;T UNITS 1 & 2 NRC CASE LOAD FORECASE PANEL 1983 SUM'4ARY AGENDA (1 page)

30. 4/14/83 CERTAIN IIANDOUTS AT THE MEETING (30 pages)

31. 4/22/:: L . '. u . '. : J. O. Keppler from James W. Cook re: CONSTRUCTION COMPLETION PROGRAM (18 pages) ,

32. 4/13/R3 0 cn4- Tra,smission Service Request to Kim Lovelace from Ron Cook re: NEWS RELEASE - CPC0 MIDLAND CONST. SCHEDULE (3 pages)

'33. 4/12/83 Memo to H. Denton et. al. from Darl Hood re: DAILY HIGHLIGHT w/ enclosed Press Release (5 pages)

_ ~

l APPENDIX A

34. 3/24/83 Memo for The Atomic Safety and Licensing Board for the Midland Plant Unit 1 and 2 from Thomas M. Novak re:

NOTIFICATION OF CONSTRUCTION EVALUATION BY MANAGEMENT ANALYSIS COMPANY w/ enclosures (4 pages)

35. 1/31/83 CONSTRUCTION PROJECT EVALUATION OF CONSUMERS POWER

' COMPANY MIDLAND ENERGY CENTER PROJECT - UNITS 1 AND 2 (199 pages)

36. 10/1/81 - Schedule for Site Visits (1 page) 9/30/83 .

37. 3/22/83 Midland Review - Volume 2. Number 13. Operations Moves Into Control Rocm Area (1 page)

38. 3/14/83 Midland Review - Volume 2, Number 12, Pier 9 Excavation Begirls w/ attached Phase II of Aux. Bldg. Underpinning (2pages)

39. 3/11/83 Memo for Elinor G. Adensam from Ronald W. Hernan re: NOTICE

, OF M ETING - MIDLAND PLANT, UNITS 1 AND 2 (2 pages)

40. 3/4/ 3 L:tter to R. Gene Clark from A. R. Mollenkopf re: QUARTERLY PROGRESS REPORT ON STATUS OF REACTOR CONSTRUCTION'(3 pages)

41. 2/23/83 Daily News Article - by Paul Rau (1 page)

42. 2/8/L;.  :,;..: Arr.suncement 83-08 re: NRC STAFF PROPOSES $120,000 FINE -

"P OUALITY ASSURANCE VIOLATIONS AT MIDLAND NUCLEAR POWER 51ATION (2 pages)

43. 1/20/83 Midland Review - Volume 2 Number G re: Hard Hat Protection in Containment (2 pages)

44. 2/3/93

" Notification of Enforcement Action re: PROPOSED IMPOSITION OF CIVIL PENALTY - $120,000 (1 page) l 45. 1/29/" "r:: ?- ::::ncement 83-03 re: CONSTRUCTION COMPLETION PROGRAM .

t (1 page)

46. 1/12/83 Letter to James W. Cook from C. J. Paperiello re: Inspection Report w/ enclosure (7 pages)

47. 12/28/82 Daily News Article re: Test of Emergency Plans at N-Plant Postponed by Paul Rau w/a'ttached articles (3 pages)

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48. 12/3/82 Note to Darl Hood from Ron Cook re: Articles from the Midland Daily News w/ attachments (6 pages)

49. 11/29/82 Article - High Court to Consider Waste Disposal Influence on Licensing w/ attachments (3 pages)

, Re: FOIA-83-397 APPENDIX A

50. 12/22/82 Midland Review.- Volume 2. Number 5 - Construction of Pier 12 East Initated (1 page)

51. 12/3/8? Midland Review - Voluem 2. Number 2 - Turnover Status (1 page)

52. 12/3/82 Preliminary Notification re: MAJOR REDUCTION IN SAFETY-RELATEDWORK(3pages)

53. 12/3/82 Draft re: Completion Plan at the Midland Nuclear Plant (2pages)

54. 11/17/82 Article re: Underpinning Work Delays Schedeling by Lorie

. Shane (2 pages) ,

55. 11/10/82 Memo for H. Denton et. al. from Darl Hood re: Daily Highlight w/ enclosed Press Release (5 pages)

56. 10/29/82 Preliminary Notification re: Potential 50.55(e) Report-Improper Cables (1 page)

57. 10/26/82 News Announcement 82-84 re: Resumption of the Mididn'd Nuclear Power Station Operating License / Soil Settlement Hearings (1 page)

58. 9/82 Midland Reactor - Various Articles (10 pages) l 59. 10/5/82 Teltcon Record re: Independent Review Program - Caseload l Forer a e.+ Panel Visit (1 page)

60. 9/27/82 Preliminary Sm is Work 1(Notification page) re: Stop Work Order on Remedial l

61. 9/20/82 Preliminary Notification re: Defective Radiation Monitoring l

Modules (1 page)

62. 9/22/SZ IE I..iv mation Nctice No. 82-40: Deficiencies in Primary .

Conta5 ment Electrical Penetration Assemblies (4 pages) l 63. 9/17/82 Mem for Thens M. Nevak from Ronald W. Hernan re: Fire l

Proteetlon Site Survey - Midland P1 ant (3 pages)

64. 8/19/82 Midland Review - Volume 1. Number 39.- Operating License Hearira Ccntentions Estab'lished (1 page)

65. 8/27/82 Midland Review - Volume 1, Number 40 - Following Procedures Properly - Goal for All Workers (1 page)

66. 9/2/82 Midland Eeview - Volume 1. Number 41, Saginaw/ Bay Counties Moving Toward Full Siren System Approval (1 page) i

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, Re: F0!A-B3s397 APPENDIX A

67. S/82 Midland Reactor - Volume 7. Number 8 - Various Articles (8 pages)

68. 8/19/82 Midland Review - Volume 1 Number 39 - Operating License Hearing Contentions Established (1 page)

69. 8/13/82 Letter to R. Gene Clark from A. R. Mollenkopf re: enclosed EI-254 " Quarterly Progress Report on Status of Reactor Construction"(2pages)

70. 6/28/82 Preliminary Notification re: CONSTRUCTION HALT REQU.ESTED PENDING NRC INVESTIGATION OF ALLEGATIONS (1 page)

71. 5/10/82 Note to Darl Hood from Ron Cook re: Articles 'from the Midland Daily News (2 pages)

72. Undated Computer Printout- Revision 12 - Planning Schedule (52 pages) l j .

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NUCLE'AR REGULATCRY Col h *" ' r. '

,, WASHINGTON,0. C. 30SSS .

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• June 1, 1983

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Docket Nos. 50-329/330 -

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APPLICANT: Consumers' Power Company FACILITY: Midland Plant Units 1 & 2

SUMMARY

OF APRIL 19-21,1983 CASELOAD FORECAST

• PANEL MEETING On April 19 and 21, 1983, members of the NRC Caseload Forecast Panel met with Consumers Power Company (CPCo) and Be.chtel to review construction

, completion sr.hedules which CPCo completed February 18,1983 and announced April 12, 1963 for Midland Plant Units 1 & 2. On April 20, 1983 the Panel toured the plant to. observe construction progress. The purpose of the meeting and tour is to provide for an assessment by the Panel of construction completion. Meeting attendees are listed in Enclosure 1.

Enclosure 2 is the meeting and tour agenda. Enclosure 3 shows some of the slides used during CPCO,'s presentations.

CPCO's previous and revised estimates are:

7/80 Estimate 4/83 Estimate Difference (Mos.)

Unit 2 7/83 10/84 14 Unit 1 12/83 2/85 13 Overall pla+ ea7 ation 1 is estimated by CPCo to be about 83% complete; engineering is about 76% complete; design 94%; and underpinning 4%.

! CPCo finds there are three separate critical paths for construction l completion: (1) a so called " aboveground" pathway, (2) auxiliary building underpinning, and (3) the licensing / hearing pathway.

Aboveground Pathway This pathway is primarily based upon rework of large and small bore pipe supports. However, installation of three HVAC systems, penetration sealing, and installation of mirror type pipe insulation also presently have zero or negative schedule float.

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9 A letter of March 29,1983, notes CPC0's intent to reinspect all installed safety related pipe supports without regard to the time of their installation or turnover. CPCo estimated the new support reinspection procedure, training and certification of inspection personnel. 0A program revisions, and other support activities would be in place in tim to commence reinspections .

11,1983. CPCo plans to use three inspection during(theweekofAprilabout50 teams inspectors)andexpactstocompletehangerreinspections in June 1983. Only two inspectors had been certified as of April 15, 1983 .

end had started hanger inspections. The hanger reinspection pathway is the critical path for the " Construction Completion Plan" (CCP) described in CPCo's letters of January lu and Acril 6,1983 (and subsequently on April 22,1983). .

CPCo noted that 544 of 850 total subsystems (64%) have been turned over and accepted. Some systems wars accepted with multiple " exceptions" (punchlist

,open items such as design changes, and corrective actions). CPCo's. schedule for preoperational testing, Meeptance testing, flushing and specific tests for both units provides a total duration of 14 months. Forty-five percent of the systems have been initially checked out. About 4% of the total of 683 tests have been completed as of March 31,1983. Of these 683 tests CPCo plans to complete 95% of the 268 preoperational tests and 128 acceptance tests prior to the Unit 2 fuel load. Currently, no preoperational tests have been completed (two arc in progress); one acceptance test has been

• completed and nm ara in progress. The testing program for about 134 systems were noted to be constrained by the CCP. The present schedule l assumes little rework of hanger (about 850 out of 7000) will be needed for both units. .

At least ss -. ~~ ~.7-) reports are considered by CPCo to have some potential for schedule imoact in that reviss and tests are not conplete and cannot be fully assesscd u :.l.ts time. These seven are:

50.55(e)ReportNo. Management Corrective Subject Action Report (MCAR) No. ,

1. 80-04 40 High-energy line break -

analysis (HELBA) pipe whip restraints 2.

~~ ~~

45B Low alloy quenched and tempered bolting

3. 82-12 63 Design of steel embedments that use tension bars and shear lugs

4. 81-01 46 Deficiencies of Limitorque '

valve operators

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5. 86C; 55 Deficiencies in electrical components associated with main steam isolation valve actuators, and non-safety ,

related equipment wired as Class 1E

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6. 82-07 59 Safety related equipment cooled by non-safety related HVAC system

7. 83-02 67 Clearances between electrical control cabinets and panels Auxiliary Building Underpinning Pathway -

Six of the 57 undprpinning piers have been installed since December 13, 1983,

.- and a pier load test (pier W-11) was in progress. The construction sequence will utilize an existing Utility Access Tunnel (UAT) to g: tin early access beneath the southern corners of the Control Tower. The revised construction scheme utilizing the UAT is reflected in CPCO's current completion forecasts.

'CPC0's' schedule assumes NRC will approve' loading of fuel innediately after transfer of the EPA load to the pennanent wall (i.e. in advance of EPA and FIVP soil consolidation beneath the wall; pier lockoff and grout'ing; replacing of backfill beneath EPA and FIVP; and structural stiffening at critical elevation 659 feet). CPCo estimates that these latter activities will'be completed by late January 1985.

Licensing /Hearino Patnway CPCo considers that completion of the present soils "0M" hearing and "0L" hearing is also critical to the new Unit 2 fuel load estimate. CPCo's estimated aaad d=+ae h the hearing are:

Comp'.--- ..--r rig session August 1,1983 Init<=1 no-<e<nn nn anM" matters Mid October 1983 Completion of "0L" hearing session Mid May 1984 '

Initial Decision on "0L" matters Early July 1984 l

Staff Conclusions 1 The caselnad Panal notad that the information provided during the meeting and observeuons maae during the site tour would be further reviewed before the Panei . w...,.. u ivii c uimates are reached.

W5.9L lC W Darl Hood, Profect Manager Licensing Branch No. 4 Divi,sion of Licensing .

Enclosure--

As stated - .

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... EX;tIP.IT 5 THE DOW C hi E Nil C A L C O M P A N Y 4

Jun3 3, 1983 umumo. anceman m

~

Mr. James Cook

. Vica President

• Projects, Engineering and Construction Consumers Power Company 1945 West Parnell Road Jacksoh, Michigan 49201 -

~

Dent Mr. Cook: .

As you might expect, Consumers Power Company's announcement of April 11, 1983 was, and still is, a shock and a source of deep

, concern to Dow. Although Consumers had previously given assuran~-

oco that commercial operation of unit one would begin*by July, 1984, it is now confirmed that commercial operation will not now occur until August, 1985 at the earliest, if then. .The ultimate cbility of Consumers to meet the commercial Steam Operation d coline of December 31, 1984 was a fu:)dAmental assumption of the Consumers /Dow Agreement. Moreover, you have advised that the catimated ccet ef the project has increased by ovar $1 billion.

In light of there cisturbing developments,-Dow has been and is in tha prc c:: Of : tScrre? review of the project. In' order to cooist us in making such a review and evaluating our alternatives, wa would like you to provide us with the information listed on the cttached schedule. Our review is being undertaken on an expedited basis and accordingly ask that the requested informat. ion be made .

cvailable to us, if at all possible by June 20, 1983.

l Sincerely, ik R. A. Gaska,' Manager 2norganic Chemicals / Energy & Utilities 47 Building ,

Rjl O

e,,---- a v-- ,,- , , , , , , - . . < . , , , - , , - . --,.,,,.,--,,,-w,--n-- ..--,-,,,n_ -,n-a __ ,,,a.-- - - , _ - , - - -- - - - - - - - - - - --- - - -- - . ------- . - - - -

l SCHEDULE .

(

, , --. -- . g,

1. Forecasts 1 through 7 prepared by Consumers and by Bechtel for T -

l Consumers Power Company, and the replanning fore, cast announced ,

[ .

in April, 1983, including all adjustrents to these forecasts, l

which primarily relate to total plant-costs and plant comple-s I -

tion projections. ,

t .

2) All reports'or studies prepared since January 1, 1977 by the l ,

Consumers Power Company Planning Group on the Midland Project primarily related to total plant cost and scheduling.

3) All monthly or other. periodic reports prepared since January 1, 1977 by Ec chi e 1 for Consumers Power relatine to plant cost

' and scheduling, inspections, rework, non-conformances at the Midland Project and,all minutes of meetings between Bechtel and Consumers dealing with these subjects. -

4) All repove= prepared by Consumers Power, Bechtel, or U. S.

l Testing concerning the discovery and cause o'f soils-related and other CFR 50.55(e) problems experienced during plant

(

construction. .

e e

~ -

+w--w-mw--e---m..mmw-n.m,ye m. , vr- .--4w -a g yg 4,g-- - - - - - - - - - - - - - , -m

p ,

E X:ll':I T. 5 )

THE DOW C H E NilC AL CO M P ANY Juna 3, 1983

- =' semesaw as***

1 Str. James Cook - .

- Vica President

• l Projects, Engineering and Construction Consumers Power Company

• 1945 West Parnell Road d2cksoh, Michigan 49201 , - -

s .

Decr Mr. Cook .

As you might expect, consumers Power Company's announcement of April 11, 1983 was, and still is, a shock and a source of deep

, concern to Dott. Although Consumers had previously given assuran-Ccc that commercial operation of unit one would begin*by July, -

1984, it is now confirmed that commercial operation will not now oesur until August, 1985 at ths earliest, if then. .The ultimate ability of Consumers to meet the commercial steam operation Cacoline of December 31, 1984 was a fundamental assumption of the Concusers/Dow Agreement. Moreover, you have advised that the estimated cost of the project has irycreased .by over $1 billion.

In light of these dirturbing developments, Dow has been and is in tha process of a thorough review of the project. In' order to cooist us in making such a review and evaluating our alternatives, we would like you to provide us with the information listed on the cttcched schedule. Our review is being undertaken on an expedivid basis and accordingly tak that the requested information be made .

cvailable to us, if at all possible by June 20, 1983.

l Cincerely, l-

x. g. , .

R. A. Gaska , l'.:.r.:.g /

2norganic Chemicals / Energy & Utilities, 47 Cuilding .

kjl e

I I

l

gm -

GOVERNMENT ACCOUNTABILITY PROJECT l Institutafor PolicyStudies 1901 Que 5treet. N.W., Wcshington. D.C. 20009 (202)234 9382

(.

July 11, 1983 Director ,

Office of Administration i U.S. Nuclear Regulatory Commission l Mashington, D.C. 20555 l Sb Whom It May Concern Pursuant to the Freedom Of Information Act (FOIA), 5 U.S.C. E552, the Government Accountability Project (GAP) of the Institute for Policy Studies requests copies of r.ny and all agency records and information, including but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calcadars, tapes, transcripts, susmaries, interview reports, procedures, instructions, engineering analyses, drawings, files, graphs, charts, maps, photographs, agreer.ents, handwritten notes, studies, data sheets, notebooks, books, telephone messages, computations, voice recordings, and other data compilationm, l a n im and/or final reports, status reports, and any and all other records relevant to and/or generated in connection with the case Load

Forecast Panel Meeting held April 19, 1983 regarding the construction of the f- Midland Nuclear Power Plant. This includes all items above regarding preparation

( for the meeting, the meeting itself,and items made subsequent to the meeting.

Specifically, GAP requests all the docanents (addressed above) between the Office of Nu:!c ; L: actor Regulations (NRR) the Office of Inspection and Enforcement 0"' :.nf ti.: Region III office of Inspection and Enforcement, and Consumers Power Company regarding the Case load Forecast Panel Meeting.

This should include the drafts and any final --but unreleased--NRC analysis of the Consumers proposals, as well as any notes, letters, telephone logs,etc.

generated by Con 9umers Power contacts with the NRC.

If any recerer h?*.c hean destroyed and/or removed, please provide all sur-rounding records, including but not limited to a list of all records which have i been or are oestroyes and/ti removed, a description of tt.e action (s) taken, I

relevant date(s), individual, office and/or agency-wide policies and/or justification (s) for the action (s), identification of all personnel involved with the action (s), and any and all records relevant to, generated in connection l

with, and/or ierted in order to implement the action (s).

( -

gr. .

. -2e Director of Administration July 11, 1963 C U.S. Nuclear Regulatory Cosmtission GAP requests that fees be waived, because " fin' ding the information can be considered as primarily benefitting the general public." 5 U.S.C. 5552(a)(4)(A).

The Government Accountability Project is a non-profit, non-partisan public interest organisation concerned with honest and open government. Through Imgal representation,' advice, national conferences, films, publications and public outreach, the Project promotes whistleblowers as agents of government account-ability. GAP requests the above information as part of an ongoing monitoring project on the adequacy of the NRC's efforts to protect public safety and bealth at nuclear pwer plants.

For any documents or portions that you deny due to a specific FOIA exemption, please provide en index itemizing and describing the documents or portions of documents withheld. The index should provide a detailed justification of your grounds for claimina each exenption, explaining why each exemption is relevant to the document or portion of the document withheld. This index is required under Vaughn v. Rosen (I), 484 F.2d 820 (D.C.Cir. 1973), cert. denied, 415 U.S. 977 (1974).

We look forward te vour response to this request within ten days.

Yours truly,

(

BILLIE PIRNER GARDE Director, citizens Clinic for Accountable Government BPG/mv O

e 4

i

(

UNI'l2D STATES OF AMFAICA NUCLEAR REGULMORY COMMISSXON Sefore the Atomic Safety and Licensing Board 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) )

)

i CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing sunni...ne.1 Hemorandum in Suonett of Intervenor Barbara stamiri.' uneinn en __

i' Litimate Dow Issues _

were i

mailed, proper postage prepaid, this uday of sentember , 1983, to:

• • Charles Bechhosfer, Esq. FrarA J. Falley AdministrW t. j- Attorney General State of Michigan Atanic Safety and Licesing Board Steward H. Fremen U.S. Nuclear regalatory hi== ion Assistant At. h .sy General i mshingtc.., O. C. : ',;~, Erreia.w.&,tel Protection Division i 525 W. Ottawa Street, 720 Iaw Building c* Dr. Jerry liarbour Lansing, Michigan 48913 J@ dnistrative Judge Atanic Safety and Licesing Board *

• Ms . Mary mi-1 =i r U.S. Nuclear Regulatory Ocumission 5711 Stamarset Street mahis gtcr., O. C. 20555 Midland, Michigan 48640 on k. Frederick P. Cowan ** Ms. Barbara Stamiris Administrative Judge 5795 N. River 6152 N. Verde Trail, Apt. B-125 Freeland, Michigan 48623 Boca Raton, Flodda 33433 l

• • Mandell M. Marshall, President i on James E. Brunner, tag. Mapleu:n Intervances Consuners Power Ocupany -

RED 10 212 West Michigan Avenue . Midland, Michigan 48640 Jackson, MicJdgan 49201

• Docketirq and Service Section U.S. Nuclear Regulatory Ccmmission Washington, D. C. 20555 l

l l

l

l I

%ron M. Omrry, P.C. co Finilip Stoptoo Peter F2ynn, P.C. Isham, Li'ncoln and Baale Omrry & F2ym Cou'nsalora at Law Three First National Plaza One First Nr,tional Plaza Suits 3700 Forty-Second Floor Niv, Illinois 60602 Chicago, Illinois 60603

• Atmic safety and 11 censing Board U.S. Nuclear Regulatay Ctanission '

Nhshingten, D. C. 20555

• AtmLc safety and I4-=ig 4 peal Panel U.S. Nuclear Dagulatory 0:mulasion 6 D. C. 20555 .

Steve J. Gadler, P.C. .

2120 cartar Avenue St. Paul, m 55108 0* Frederick C. Willims, Esq.

Isham, Iincoln & Baala 1120 comecticut Averme, N.W. ,

Muhington, D.C. 20036

• • Millie D. Paton, Esquire Office of Executive Imgal DLim U.S. Nuclecr Regulatory Omnission Nashingten, D. C. 20555 i

N

.J E'BERNABEI

• Duliverwu wavugu smit NRC internal mails.

Hand Delivered l

, . _ - -. ,,.,p. , - - , . . . - _ , - _ _ . . . . _ _ , _ _ _ _ _ _ -

, vos

, c. ,

ATTACHMENT #4a

,CCP QUALITY ACTIVITIES ACTIVITY , .STATils .

. QC. INTEGRATION WITH MPQAD COMPLETED l-17-83 .

. VERIFICATION OF QUALITY PQCI REVISIONS ONGOING INSPECTOR TRAINING /RECERTIFICATION ONGOING D,EVELOPMENT OF GUALITY VE'RIFICATION PLAN -MGMT REVIEW 4-79-83 PROCEDURE REVIEW AND DEVELOPMENT ONGOING

. SilPPORT OF Q SYSTEM TEAMS ..

~

ORGANIZATinNAl Al. I GNMENTS IN PROGRESS PROCEDURE ncvsin/AreROVAL ONGOING' MPQAD INTERFACE PROCEDURES IN PROGRESS IN PROCESS INSPECTION PLAN IN PROGRESS t . PROGRAMMATIC "C'!! 'dC REPORT TO MGMT 5-18-83 i

. HANGER REINSPECTION 100% REIN 5rECTIGN GF 7000 HANGERS IN PROGRESS l

OVER 50 INSPECTORS DEDICATED STAFFING IN PROGRESS e

- _,4 . , _ ,__-.__..__,-y_- -

REINSPECTION SCOPE AND ASSUMPTIONS SCOPE

- 139,000 CLOSED IR'S REPRESENT POPULATION COMBINED PQCI'S

- RECEIPT INSP'ECTION

- DOCUMEN'( REVIEW

- OVERINSPECTIONS PREVIOUSLY DONE

- 101s500 CLOSED IR'S SUIidECT TO VERIFICATION (EST) ,

1

- 79,500 HARDWARE REINSPECTION

-44,000PRIMAR[LYDOCUMENTATIONREVIEW t

ASSUMPTIONS .

l

- PLANNING BASED UPON 45,000 UNITS OF REINSPECTION

- !? INSPECTION HOURS PER UNIT (AVG) REQUIRED FOR REINSPECTION

- WORK FORCE OF 250 TO 350 ' INSPECTORS l - SCHEDULE BASED UPON 7 DAY WEEK AND 5 INSP-HOURS PER DAY

- Nar opunnvat OF CCP IN MAY l

l l

, s

, s n.,.,,,y l' Fle. t 6% ^

. eujiku. -

CUMULATIVE' REINSPECTION MAN HOURS FOR VER'IFICATION PHASE 500 -

- 406,000 MAN-HRS 400 - MAXIMUM

/

350 INSPECTORS A

8 o

5 9

[. 300 - .

8 250 INSPECTORS

• i z  ;

2  !

ti 180,000 INSP-HRS E' 200 -

E PLAN l E ,

I 88,000 INSP-HRS ,

.100 - MINIMUM i.

I  ! I I I I I I l l l APR MAy JUNE JUL Aus SEPT OCT _ Nov DEC JAN FEB MAR 1983 1984

ATTACHMENT #4b g

' MIDLAND PROJECT REPLANNING LICENSING SCHEDULE 1983 1984 A M J J A S O N D J F M A M J J A S O  !

3 MFA Hearing 5 Complete M Fact Finding ,

CPissues Complete e!@hTrf 979m Initial Decision i Hearings i

INTERVENOR CONTENTIONS Y can s ..,t.w . e sp a gg3-w . <,a x a.

SSER +3 i SSER*4 Y OPEN ITEM CLOSEOUT (NRC Staff) i V w , .-,wfym. g eutwwew-w+na,pg 9 f e p -;:g:.w. : , . .. rSyup .1, #5gs a us i

i FINDINGS OF FACT @

i Operating i License

! i i V INITIAL DECISION MM L

JNL 4/19/83