ML20082D904

Portions of Jl Donnell Deposition,Designated as Direct Testimony.Certificate of Svc Encl

ML20082D904
Person / Time
Site:	Midland
Issue date:	11/21/1983
From:	Donnell J CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.)
To:
Shared Package
ML20082D898	List: ML20082D895 ML20082D904
References
NUDOCS 8311230131
Download: ML20082D904 (19)

Text

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S 1 t h e. t you had during those 21 years?

2 A. Well, I was m' inly in the artillery and 3 I had overseas duty from Iceland throughout the 4 Pacific war. And after the war I was navcl staff 5 . duty, which included legal duties on a naval staff 6 for three years. And then I--let's see--came back to 7 .the States. I was on duty in Korea for a year as c 8 battalion commander of artillery, and then I came 9 back to the States.

10 Went to the senior school and conducted, 11 as test director, the screening of some 1200 12 candidates as prospective officers. Then I went to 13 -duty in Richmond, Virginia as inspector / instructor of 14 a reserve battalion, and then to Norfolk, Virginic as 15 head of the operations and intelligence section at 16 the amphibious schools there. And I was retired from 17 Norfolk.

18 Q. Nhat was your rank upon retiring?

19 A. Lieutenant Colonel.

20 0 So that would take us to approximately--

21 A. '51.

22 Q. 1961, yes. What did you do then in

.23 1961?

%.iHeibb dLout 24 m /

T. For one year ! vorked for B a be c c t- t b-

5. -

A,c.s i W7_ Lap.

25 Wiluux, which was the title of the organization was  %%-

8311230131 831121 PDR ADOCK 05000329 T PDR

, Stu.b (G, 1 The Block 3nd Pipe Alanufacturing Oatfit where I was

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2 plant mant.ger for a year.

ll Q. What did The Block and Pi pe 4 .Mcnufacturing Outfit do?

5 A. We nanufactured some 50,000 tons of 6 reinforced concrete pipe for conduits and highways, 7 underpasses. We manufactured prestress concret:

8 beams in-an-outlying plant, and we manufactured

-1 prefabricated. buildings, wooden buildings in another 10 outlying plant. And we manufactured at the plant 11 shera 'I worked some five to ten million concrete lb. block a year for building commercini structurec.

13 This vas an automated operation, and I was la instramental in conpleting the automation of tha 15 operation and reducing the acnpower there.

15 Q. Where uas this facility located that

-1 7 you worked at?

-1"i A. Little Creek Road in Norfolk, Virginia.

19 Q. And you say you were the general 20 m i. n n g . r of that facility?

.21 A. Plant manager. At first I was

?? oncerne. in organizing corporate structure for the 23 organization, a r. a then the old plant suparintendent i

24 wantad to lanvu so the president asKod nm if : would i <. .'

25 set up a structure I hari organized os a plant m. a n e g e r I -

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1 A S LMM'r ~ E P a RTS4S OR V Ollful6\- - _102/3 A2 117- E_-------_ __-- -.--_- ---- ---

-1 ' involved in the S-1 proposal program, which Boeing 2 did not receiva, and then I transferred to the 737 3 program for'a short time before moving to the SST 4 progran, supersonic transport. The 737 program was 5 only an interim move until I could get i.ito the SST 6 program, which I was interested in.

~

7 Then the SST*got shot down' and Boeing (h[d, P. offered me a job at the Cape at a considerable .

.9 reduction, which I refused. And within two weeks I 10 went to. work for Babock &--within two weeks I had an 11 interview at Babcock & Wilcox Navy Nuclear Fuel 12 Division in Lynchburg, Virginia. I reported in there 13 the first of June.

14 Q. What year was this?

15 A. .1971. Worked in the Navy Nuclear. Fuel 16 Division for approximately a year and then moved over 17 to Commercial-Nuclear where I was involved until my 18 termination by Babock in 1982, late '02, and I ended 19 up as the audit manager _of the Commercial Nuclear 20 Division. During that period, in the last two years 21 I was involved on loan to Babock Canada in the 22 construction of nuclear plants ac Point LePared, ,

e. C' h- U - a 23 capital Le P= -

-e ", New Brunswick, where I was the 24* quality assurancc manager. And then I moved to 25 Argentina E?: IM sheta- I b r. d a similar jab s l%

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1 the design section, they had a vice president for 2 engineering. But I f e l t- that I did apply the 3 engineering license in civil engineering which I nrd k

.4 rec'eived while at New Orle-,ns with Boeing. I applied  !

S for my engineering license while I was with Boeing in

~6 New Orleans.

7 Q. Is t ila t in the State of Louisiana?

1 8 A. Yes.

9 Q. Are you registered as n professional 63 10 an engineer in any other states besides Now Orleans? -

11 A. No,}q'bavr ay registration and kept it

%d 12 current in Louisiana. )

13 0 When you took over the job with Boeing 14 Aerospace in New Orleans it sounded like you had c.

15 very responsible position in facilities planning for 16 manufacturing facilities, et cetera. Did that 17 involve direct application of your civil engineering 19 background? In other words did you have to supervise 19 the design of these facilities?

'20 A. No, I was not actively engaged in 21 supervision of design, but I was acti>ely engaged in

22 inspection of the--prior to becoming a supervisor, 23 inspection of t '.i e nanufacturing and test facilities l

i 24 and the procurement of items, procurement of ;tems

, 25 th=t sent into building of the booster taelf as well 5 mm

t-1 as qualification tasting by suppliers.

2 0 So this was inspection to see that ir 3 things conformed to what the ilenign documents 4 required; is that correct?

5 A. Tnat's correct.

6 Q. Now, did you have similar duties in any 7 'of your work with regard to the planning for the 747 9 -or the B-1 proposal or the 737 progran?

9 A. No, my duties in 747, 737, 3ST, were 10 strictly from the standpoint of engineering not 11 construction.

12 Q. When_you say from the s ta nd po i n t of 13 engineering what does that encompass, what sort of 14 engineering did you do?

15 A. At-that time it was a forerunner of 15 qualit'y assurance really, it was called value 17 engineering, that was the* buzz words for the function (

18 i'n the industry.

19 Q. Wnen you went to work in the Navy

'20 Nuclear Fuel Division of Babcock & Wilcox in Norfolk,

'21 what duties did you have in that division?

22 A.- I was hired in planning division--

23 -planning saution, excuse me, not that big of an 24 organization. I. wa s hired on in the planning section.

25 After some time, it bacame apparent enat the ASSOCTATED REPORTERS OF NEV%DA -

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1 setivities in the picnning section sarc rathar

-2 restricted, so I looked around and finally got a job 3 in quality assurance / quality control, and anded up 4 setting up a supplier audit systen.

5 I was also involved in the old

-G forerunner of the Malpractice Program, e

7 "M-a-1-p-r-a-c-t-i-c-e, one word, which was devised by 8 Admiral Rickover to eliminate nalpractice among 9 supplier functions. This was devised as an audit 10 function.

11 Q. This is still while you were in the 12 Navy Nuclear field program?

13 A. Yes, it is.

14 Q. Wes this your first--well, you said a 15 minute ago you did value engineering while you were 16 with Boeing, and I take it that could be 17 characterized probably as your first encounter with 13 quality assurance; is that correct?

19 A. Yes. That was in the late sixties.

20 Q. Now, then your first formal encounter 21 with Boeing Quality, the quality assurance program 22 was in this Nary nuclear program where you set up 23 this system of audits?

24 A. That's correct.

.? 5 Q. W.t a t in the.rensindar of four--well,

' A S S *! T 3 ' _' REPORTERS O F_ N E Vt_, D A __ _ ~2 01/18 2 - 8 7 7 8

. l.  ! uns r .'. s p o n s i b l e for A. No, I was not.

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2 qual'i f y ing the suppliers and auditing the suppliers. /

3 We had at one time some 100 suppliers and wo did 1100 v.

O3 4 audits a year. The CA engineering is the function 5 which reviews design documents, and the design G section is the one that establishes quality assurance Quality 7 requirements in the design d o c u m <e n t a t i o n . .

1 assurance reviews the design documentation to assure t

9 i that they have the proper requirements listed in them, 10 and then .he audit section goes out and qualifies the 11 suppliers and sees that they have an adequate QA 12- program, and then follows up on the nsnufacturer of 13 the items u n t* e r which the contract pertains.

14 2 But what I was asking you or uhat I 15 meant to ask you vas were you responsible for 163 auditing.the QA program of every supplier that

.17, Babcock & Wilcox had at that time?

19 A. Yes, and we also did internal audits 19 and site audits.

f 20 Q. Okay. Inside babcock & WilCoX and 21 before you became QA manager at the LePareu plant, 22 what was your next position?

23 A. I was QA manager at the section haad 24 level.

For the shale time until you want to 25j 2 l'

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2 A. Yes.

3 Q. And what responsibilities did you have -

t i 4 as QA De

. manager at the L era +4 ub pl a n t ?

(M 5 A. We were involved in the refurbishment t

t 6 of CAN-CANDU, that is a trade name, steam generators, 7 which were in quastion by the Atomic Energy S Conmission'of Canada and B-& W. Canada uns committed .

9 to an "in situ" replacement of the steam generators 10 internals in place at the site. This involved a ({v}

11 considerable amount of work entailing about 15 months 12 at'the site, and included first stripping out tne old -

-13 internals with'a steam generator without bothering--

f 14 change that to-disturbing--disturbing the essential, S N 15 and the bottom plate of the steem generator which is

~1 6 -quite a massive installation. Then building clean

'17 rooms.around the four steam generators involveu, and 18 then accepting, inspecting and installing all of the, e

mv kc-1 19 approximately 50 to 70,000 tubes in those four Ql) 20 generators, and checking them out for delivery to 21 AECL, that is Atomic Energy of Canada, Limited.

22 Then I volunteered to go on a similar 23 job uncre a sister plant was being built in Embalse, 24 Argentina, because the QA manager :own there, 25 contract was finishing up, and ha vanted to return to ASSOCIS D REPORTERS OF NEVADA - 702/332-8773

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, w .3 I here, and .they showed me som" piccures and the onlyf 2 incident I could r em e:mb e r sas when we drilled through 3 _thefduct bank and punctured an electrical conduit and 4 we did not know where the drilling mud was going 5 until the next day when it came out in the junction -

5 5 b o x-. .o f the auxiliary building out of the conduit.

)

7 Q. This NRC rcport has both the originci ma t e r.i~c l in the back and it has further reports of

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3 9 oral statements in the front. And then it has The sunmary 10 further condensation into a. summary.

11 occurs right after the signature page on the front of 12 .t h e report. In the very.first paragraph of the 13 . summary, there is a sentence that begins, "The former

.14 supervisor advised, though, that it was common 15 knowledge'at.the Midland facility, et cetera."

.15 Have you read that sentence?

17 A. That the NRC soils inspector had 18 proh'ibited the excavation beneath the deep Q duct .

19 bank?

20 Q. Yes.

21 A. Yes, I have.

12 2 Q. Do you recall making eny statements to Dr. Landsman in this meeting i n . Aug u s t. that were 23 24' :Jpecifically directed to the exc6vation beneath the

. 25 ' d e e ,7 Q. duct bcnk?

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1 report, that first partgraph that we talhau about 2 5 e f o r a ', doen--is that sentence that you were looking 3 at beforey a correct rendition of what you recall W 4 telling the NRC inspector?

5 A. I believe I stated to the NRC that it

'S was real well understood by everybody that Mr.

7. Landsman's position--what Mr. Landsman's position was

S reg =rding excavation. hnd I corrected the statement 9 .that was made to so indicate that on page 2.

10 Q. On page 2 of your statement whien is 11 Attachment 3?

12 A. Yes, at the bottom of the page there is  !

s 12 an initial correction. I struck out "I voiced ny E 14 agreement uith-Landsman's orders concerning 15 exesvation", and changed it to road: "I stated in 15 discussions with Mr. Nalker that it was my opinion 17 that at those nectings it was well understood by 18 everybody what Mr. Landsman's position was regarding 19 excavation. I don't really know whether that is 20 concerned with the mixup between understanding the 21 ASLB order and r: n y orders that Landsman had given."

22! Q. Sut when you made this particular i

statemaat in this, when you changed this p c. r t of your 23l .

I 24, uritten s t r. t e n e n t a n t' hand wrote in, were you i

25 referring to c exp.icit position with respect to the l

. uc . m . . v, wouum _ --

9 1 Da you recall this particular maeting 2 with Mr. Cook snortly before you left the site?

3; A. Yes. On -Mr . Curland's recommendction-4 that I discuss with Cook'his reaction to my reopening 5 the application with NRC, I contacted Cook and asked 6 him if.I could talk to him. He came out to the 7 trailer which I was occupying because I had sold my

~3 house. This was sometime after the 31st of August 9 when I had been terminated and already sold my house 10 and moved into a trailor so I could conduct a job 11 search from that area, using the same t a l e p h o n e uy.w n. cit bk 12 Q. Do you_ recall having made this 13 .particulcr_ statement?

14 A. Which one are you talking about?

15 Donnell said he was released due to breaking up a 15 fignt?

l-7 Q. Yes.

-18 A. Cook had been in the area when this 19 fight occurred and I believe he sympathized with me 2C on tne f i g h~t , but I did not attribute my layoff 21 b e: c a u s e of the fight. I figured I considered that

. 22 that had created some animosity between Mr. Marguglio

-23 and it might be that he was looking for an

_24 opportunity to get rid of me. Bat I believe that the 25 major reason S or the layoff is that Meicenheimer was i

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1 friends or becana personal frieads?

-2 A. St%%

Not st.wi f, but we were friends.

( dd

'd Later 3 i n' the year after I had been on tha job, he came over 4 to the house for dinner and his bosa, Dr. Goldstein

.5 from the west coast of PAC came over, end w e. are "%;

6 rather gregarious people, having been around as much 7 as we.have and my wife likes to entertain.

3 Q. During the time that you were screening 9 resume's, you indicated that you really thougnt that 10 this was beneath your level of skills and training.

11 Did you--

12 A. That is incorrect, it was menial.

13 Q. Was it your desire to obtain a more 14 responsible position?

15 A. Yes, I t ho ug ht I could be of some help 15 around there.

17 Q. Could you give us a description of the 18 efforts that you made to get a more responsible 19 position?

20 A. I talked to Bird a couple of times, and 21 it became very apparent Bird wasn't going to listen 22 to me, so I knocked it off. And then in screening

'23 the resume's, they were trying to get at t1RC's i

2 i' instigation a ci/i1 engineer in a job in so i ? s. One -

l 25 of the supervisors in the mechanical section, I don't m .e: .

raf- -

-,e

.- 1 I d e n t i f i c'a t i o n , " and is att ched 2 to the original t r a r. s c r i p t of 1

3' -his deposition.)

4 Q. (By MR. WILLIAMS) Applicant's Exhibit 5 4,=just for the record is a docu.ent which carries a 1 title across the top o f it Stop Work Order. Would 7 -you examine this document fo r a ~few minutes?

8 A. Yes, I recognize my signature on the 1 9 b o t t o :a .

10 Q. What is the nature of tnis document?

-11 A. It refers to S condition requiring the 12 stop work action, hitting of an electrical. duct bank.

13 I'guassL that is the one we were talking about 14 p r ev io usly .

15 Q. This incident involves drilling, does 16 it no t?

'17 A. Yes. em 18 Q. Are you able to state based on your

)

19 present knowledge whether the drilling into the duct

.20 bank wnich is referred to in this document is the El same duct bank as we were t a l l: i n g about b >? f o r e with 22 reg ard to excavation underncath?

.t I

23f A. I believe so, yes, but I don't think it 24- h e. c u n y '. h i n 3 to 'i O 'i i t h digging belou the duct b a n '< . .

.;2 5 1 ') . Right. "' h i s is a difF CIedt incident?

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4 1l curvey controls and verification to assure locition

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2 of-itilities prior to drilling by the subcontractor."

3 Q. Now, you~were involved in some way in 4 the observrtion of this incident when it first 5 occurred, weren't you?

r 5 A. (No' audible response.)(Twi%%.

W-s_-

.7 Q. 'V e r o n ' t yau on. site and observeu the 8 drilling being done at some point?

9 A. '4211,

. I believe this is the instanca 10 -where.I cane to. work Sunday morning and noticed a 11, drill rig-that appeared to be out of position, 2nd I 12 called it to Palmer's attention nd I believe I 13 called up the inspector, who was at home. And I was 14 -told ~that they had stopped drilling in that position 15 and that was the instance where later on' Monday it 16 occurred that they found out that the electrical 17 ducting had been ruptured and the drill mod was 13 coming out in'the junction box of the aux building.

19 And I discussed this with Palmer uno was in charge of

?. 0 the inspectors and Palmer said that he would be sure

- 21 there was no more drilling done in that location.

22 Q. Oxay. I would like to show you next 23 which will be \pplicant's Exhibit 5- excuse a:, G, a ZA copy of a r e. r i s e d nonconformance report, which :

. 25 beliase relates to this p a r t '. c u l a r incident.

MJJ6LJUA5E" '? @D L JiuiL% OFF M E vi D/A - 707/332-8773

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'. O. .Yes.- Could you ~axplain the

. 2 c 'i r c um s t a n c e s o'f your inquiry about your pen?

3 n. 'd e l l , I guess I tooi a little off?nse 4 at that because I certainly didn't intend they should 5 . interpret myTraaction that way. I merely Osked then S if--I~think it was Galanti because he stayed over in

-7 town. I h a d ~ o c e r. s i o n to c ::l l his home and I asked 9 .nis . wi f e if s!Ie would,ask him if someone had picked 9 u p. my pen when th=y it. the office.

10; Now, it comes out in the in te rv iew I-11 ' accused them of stealing it. I don't think that is 12 t r u e ', I don't. accuse anybody'of stealing anything, 1.3 but I 'think it is quite normal for a man in the 14 . course.of business to inadvertent]y pick.up a 15 fountain pen or something and not realica where he

-l i got it. 'I later, seemed to be a thread of it through ,

(#,-

17 their report)that I was accusatory 'about the fountain '-

1P pen, I certainly did not intend to be.

-19 Q. Was it_your impression you were simply 20 asking in a regular, normal tone of voice?

21 A. Yes, and it occurred over the phone.

'.2 2 -When I called up later to co n s u m e r :5 . I think their 23 headquarters is in Chicago, I asked then. I believe 24' I ves talking to the first one, Walker.

25 2 You said you called Consumers ano their C

L~ we ce L 2 '- n r e-h vrh- 7 o_9 / u7 o779

I aver i n t i n ie.' a t yqu in any way about telling tho 2 truth _with respect to these matters we hcVe_been

discussing?

'4 A. .No, they did nat.

5 Q. Did anything happen to you which would 6 .stop you from telling the truth and the .s ho l a truth 7 'tod?y in this deposition?

8 A. No. The only contention I had was it 9lseened to be a personality clash betw.3en Marguglio 10 and I and Bird, but that has really nothing ta do

'l l with this. investigation, i

12 Q. Were you aware of any instances apart

-13 from this deep Q d uct bank where Consumers Po we r 14 Company in: your opinion violated the April 30th Board 15 order?

16 A. No, I was not.

17 MR. WILLIAMS: T h t4 t is all I h2ve.

18 CROSS-EXAMINATION 19 3Y MS. WRIGHT:

20 Q. 't r . Donnell, I have a few questions for 21 you. I will try and be brief.

.22 A. I hoped--

23 (Thereupon a brief racnns was I t it s e n , a f ter which the f ,11 me l r. g 24

.25 proceedings were h a d. : ) l Mc: As I w a.aw,t mi.siw .s . ,i , ,w 3<..;.; g g u o F at5 .

W L'd r 1 '. mt r a us UT=vna . .w il (;orras b

,N S 3 JC I A T E D Re '1TERS OF N EVA DA - 702/332-??G

e UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

) Docket Nos. 50-329-OM CONSUMERS POWER COMPANY ) 50-330-OM

) 50-329-OL (Midland Plant, Units 1- ) 50-330-OL and 2) )

CERTIFICATE OF SERVICE I, Frederick C. Williams, one of the attorneys for Consumers Power Company, hereby certify that I served copies of Consumers Power Company's Designation Of Portions Of The Deposition Transcript Of John L. Donnell As Direct Testimony and corrected pages of the transcript of Mr. Donnell's deposition upon all persons shown in the attached service list, either by hand delivery, express mail, or deposit in the United States Mail, first class, postage prepaid, as indicated on the list this 21st day of November, 1983.

{ '5-Frederick C, Williams ISHAM, LINCOLN & BEALE 1120 Connecticut Avenue, NW Suite 840 Washington, DC 20036 i

SERVICE LIST Frank J. Kelley, Esq. Atomic Safety & Licensing Attorney General of the Appeal Panel State of Michigan U.S. Nuclear Regulatory Comm.

Carole Steinberg, Esq. Washington, D.C. 20555 Assistant Attorney General Environmental Protection Div. Mr. C. R. Stephens 720 Law Building Chief, Docketing & Services Lansing, Michigan 48913 U.S. Nuclear Regulatory Comm.

Office of the Secretary Cherry & Flynn Washington, D.C. 20555 Suite 3700 3 First National Plaza Ms. Mary Sinclair Chicago, Illinois 60602 5711 Summerset Street Midland, Michigan 48640 Mr. Wendell H. Marshall 4625 S. Saginaw Road

• Donald F. Hassell Midland, Michigan 48640 *Nathene Wright, Esq.

Counsel for the NRC Staff

• Charles Bechhoefer, Esq. U.S. Nuclear Regulatory Comm.

Atomic Safety & Licensing Washington, D.C. 20555 Board Panel U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 Atomic Safety & Licensing Board Panel

• • Dr. Frederick P. Cowan U.S. Nuclear Regulatory Comm.

6152 N. Verde Trail Washington, D.C. 20555 Apt. B-125 Boca Raton, Florida 33433 Barbara Stamiris 5795 North River Road Mr. D. F. Judd Route 3 Babcock & Wilcox Freeland, Michigan 48623 P. O. Box 1260 Lynchburg, Virginia- 24505 *Dr. Jerry Harbour Atomic Safety & Licensing James E. Brunner, Esq. Board Panel Consumers Power Company U.S. Nuclear Regulatory Comm.

212 West Michigan Avenue Washington, D.C. 20555 Jackson, Michigan 49201 Steve Gadler *Lynne Bernabei 2120 Carter Avenue Government Accountability St. Paul, Minnesota 55108 Project At The Institute For Policy Studies 1901 Q Street, NW Washington, D.C. 20009 i

y -. - ._.m..., _ . - _ . , _ . - ._.

k-Michael::I. Miller, Esq. John Demeester,~Esq.

Ishaa, Lincoln & Beale Dow Chemical Building

-3 First~ National Plaza Michigan Division Suite 5200 Midland, Michigan 48640 Chicago, Illinois 60602 i

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• Delivered by. hand November 21, 1983

• • Sent Express mail November 21, 1983