ML20090F192

Discusses Subcontractor Employee Concerns Re Unqualified Personnel at Plant Site in Jobs of Critical Importance to Safety,Poor Installation & Lack of Worker Qualification on Zack Design.Investigation Requested

ML20090F192
Person / Time
Site:	Midland
Issue date:	04/18/1983
From:	Sinclair M AFFILIATION NOT ASSIGNED
To:	James Keppler NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
Shared Package
ML20090F190	List: ML20090F192
References
NUDOCS 8307050111
Download: ML20090F192 (11)

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- l PRINCIPAL STAFF RA 1 cNF 5711 Summerset Drive D/RA SCSt6 63 l

- Midland, MI 48640 A/RA PA0 3 April 18,1983 DPRP SLO _

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_Mr. James Keppler, Regional Administrator N Nuclear Regulatory Commission, Region III Office ofInspection and Enforcement 799 Roosevelt Road Glen Ellyn, Illinois 60137

Dear Mr. Keppler:

Over the past couhle of months, a man, who used to work on the Midland nuclear plant, has called me several times to give me information that he believes is very important to relay, not only to youput to our Attorney-General Frank i Kell.ey.

He will not provide an affidavit to the Government Accountability Project on these matters because he does not believe his anonymity can be adequately protected. He is now working for a Midland subcontractor, as I understand it.

His concern is about the many unqualified people there are at the plant site in jobs of criticalimportance to safety.

Since I notice in the testimony of Ron Cook, the resident inspector, his frequent mention of poor installation and even his requests to see the qualifications of workers because of poor workmanship, I believe there may be merit in these facts that I have been given over the phone or sent in the mail.

He gave me names of people he worked with who were not qualified for their assignments. They all worked for Bechtel or Bechtel subcontractors. These i include: Leo Davis--no Michigan engineering registration and no field experience who worked on systems requiring engineering. He's not sure he has a degree of any kind, Dick Soderholm--no Michigan engineering registration, little field experience, worked in procurement; Clark Ash--has a degree (not sure in what),

no Michigan engineering registration, little field experience, worked in procurement; Ed Entrokin--has no degree, is not registered as engineer in Michigan, field experience amounts to 2 or 3 years with Bechtcl; The sub-contract department l under Ed Entrokin had design authority--the balance of sub-contracts did not have

! design authority.

According to my informant, engineering design authority was delegated to Zack by Bechtcl. Zack also did not have qualified people for design work they were doing.

People without adequate training were designing duct work, or pipe hangers and brackets.

8307050111 830627 PDR ADOCK 05000329

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Page Two Mr. James Keppler April 18,1983 Soils work was subcontracted by Bechtel.

Also, he stated that someone by the name of Cannoni was the subcontractor for soil compaction and he was also given subcontract for part of the underpinning of sinking buildings.

He claims that all work on any construction project beyond a certain limited size must be done as a Michigan registered engineer or architect.

He gave me the following citation from Mich'gan Compiled Laws 338.551--

Architects, Engineers, Surveyors, Article 20, Act 299, Public Acts of 1980 p. 902-7, defines the role of licensed engineers and architects--does not give any c. gtion to Federal activity. - Any building structure must be designed, planned an maIerials and supplies inspected under direct supervision of a licensed engineer.

He told me that a very good welder quit the project recently because the scheduling was so erratic. One day he would have an apprentice assistant, the next day a journeyman. He was forced to repair continually what was done. He said the Bechtel management here was the poorest he had seen anywhere and he couldn't take it anymore.

The informant also sent me a sketch of management responsibility, rate and pay schedule of contractors for Bechtel and a copy of Article 20, Act 299, PA of 1980 on Architechts, Engineers and Surveyors. These materials are enclosed.

I hope your office will investigate these matters to protect the public health and safety of the people of this area.

Yours sincerely, 4A" sh &

Mary Sincia ec: Attorney-General Frank Kelley Senator Carl Levin Senator Don Riegle Congressman Don Albosta l

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Attorney-General Frank Kellev 525 West Ottawa p Law Building, 7th Floor

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Dear Attorney-General Frank Kelley:

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i Enclosed is a letter to Mr. James Keppler, director of Region III of the Nuclear Regulatory Commission, in which I describe certain facts that were disclosed to me on the phone by a person who prefers to remain anonymous.

IIe also sent certain materials and supporting items in the mail which are also enclosed.

.I believe your office has the responsibility to enforce the law requiring

Michigan registration. of engineers, etc. responsible for design, construction

.I and materials of construction projects.

I hope you will give this matter your attention.

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j- Yours sincerely, p,t -

1 Mary Sinc 1 r l- Enclosures 3

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2. COMPENSATION 2.1 FROFESSIONAL SERVICES Contractor shall be paid for service in accordance with the following rate schedule for all time spent on the project by professional and technical personnel of the designated classification' accepted by Bechtel.

Classification Straight Time /Ilr Overtime /llr Principal $70.00 $70.00 Associate Principal $66.00 $66.00

' Senior Associate: $64,00- $64.00 Associate $62.00 $62.00 Engineering Supr. $60.00 $75.00 t per diem ?

Senior Lead Engineer $58.00 $72.50 & r.t. alrfale ?

Senior Engineer $54.00 $67.50 '- BPC overhead !

Staff Engineer / $52.00 $65.00 'c BPC profit L Senior Technician Eng. $46.00 $57.50 Assistant Engineer $42.00 $52.50 Senior Draftsman $40.00 $50.00 Draftsman / Technician $38.00 $47.50 Junior Draftsman $32.00 $40.00 Technical Typist / $22.00 $27.50 Engineering Aide Secretary $13.00 $16.25 The rates include salary, overhead, fee, benefits, vacation allowance, sick leave, holiday pay, taxes, and insurance, and all other. associated canhour costs.

Specified rates and classification for each Contractor personnel assigned shall be submitted in writing to the authorized Bechtel-representative. Bechtel will be notified prior to changing classification of any Contractor personnel above Senior Draf tsman.

2.1.1 Contractor will only be reimbursed for work actually pe r fo r=ed . Contractor personnel will not be -reimbursed for days not worked, except as specified in paragraph 2.1.4 below, including, but not limited to, sick leave, vacations, holidays and travel time.

All work assignments by Contractor must be authorized-in cdvance by Bechtcl. Contractor vill not be reimbursed for services rendered which are not authorized.

Contractor vill submit weekly time worked verification for acceptance by designated Bechtel Representative.

TSA 7220-C-122(Q)

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MANAGER OF DIVISION CONSTRUCTION .!

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See 2001, Aiused m this articIc; (a) *Arcintect" meath a penon wim. by reason et knowhMe" or ;aat!:vma:ie., the phy sical si p.: cet ami the gumciples of archnectura quahbeu, to engage in the pract(ice of aren, ifecture,deuen. acquired by proicssional. educatien am ib t" Firm" r_neans a sole propnetorship, partnenhip, or corpora: ion through whien :. perwon licensed under thn article of fen or pmvides a service to the public.

(c) "I,and surveyor" means a person who, by reason of knowledce of law, mathemancs, physical 3cienceCand techniques of measuring land acquired by professional education and practicai experience, is quahlied to engage in the practice of land surveying.

(d) 'Penon" means a natural penon.

0-) " Person in respomibic charge" means a penon licensed under this article who determines technical questions of dnign and policy; advises the client; supervises and is in responsible charge of the work of subonhnates; is the person whose professional skill and judgment are embodied in the plans, designs, plats.

surveys. and advice involved in the services; and who supervises the review of material and completed phases of comtruction.

(f) " Practice of architecture" means professional services, such as consultation, investination, eva!uation, planning, design, or review of material and completed phases of work in construction. alteration, or repair m connection with a public or private structure, building, equipment, works, or -project when the professional service regsires une application of a principle of architecture or architectural design.

(g) " Practice of land surveying" means the surveying of an area for its correct determination, descrip-tion, and conveyancing, or for the establishment or reestablishment of a land boundary and the plotting of land and subdivisions of laad.

. (h) " Practice of professional ergineering" means professional services. such ~as consult: : ion, investiga-tion, evaluation, plannmg, desieg or review of matenal and completed phases of work in construction, alteration, or repair in connectma with a public or private utilits, structure, buildimt, machine, equipment, ms, work, or pniet. u hen the professional service reymres the application of engineering principles or data.

(i) "Principar means a sole proprietor, partner, or the president, vice-president, secretary, treasurer, or director of a corporation.

(i) "Profenional engineer" means a person who. by reason of knowledge of mathematics, the physical sciences, and the princip!cs of engineering, acquired by professional education and practical experience,'is quahlied to engage in the practice of professional engineering.

(k)'" Services" means profenional service offered or provided by an architect in the practice of I architecture, a professional engineer in the practice of professional engineering, or a land surveyor in the -

practice of land surveying.

Sec. 2002. (1) The boards of architet ts, of professional engineers, and of land suneyors are created.

(2) The board of architects comists of 5 architects,1 professional engineer who is a member of the board of pmfessional enuincers, and I land surveyor who is a member of the board of land surveyors. Two memberi of the board shall reprewnt the general public.

(3) The board of pmfeuional enumeers comists of 5 professional engineers, I architect who is a member of the board of mehiteris, and I land surveyor who is a member of the board of land surveyors.

Tu o memben nl thi bo.ud shall reprewn: the gener;d public.

(4) The boani of land sunc> on consists of 5 land surveyors, I professional engineer who iia member of the board of prof essional encineers, and I architect who is a member of the board of architects. Two members of the board shall represent the general public.

(3) Of'the initial members of the board of architects, the terna of 3 of the members, including 2 of the

- members wlm are licensed architects and I of the members reprnenting the general public, sha!! he 4 years:

the term of I of the members u ho is a licensed architect shall be 3 years; the term of I of the members who is a tiernwd architect shall be 2 pears: and the terms of 2 of the members, including 1 of the niembers who is a licemed architect and I of.t.he members of the general public, shall be 1 year. The term of the member u ho iCa licemed professional engineer shall coincide with that member's term on the board of professional eneineen. The term of the member u ho n a licemed land surveyor shall coincide with that member'.s term on the board of land sun eyon.

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mi huime 2 of the memb.r.s - t m are la ens. d profewk mal ew.ra ers ar.:1 of the meadu rs r presenum .s.-

.e orial pubhe.'sh.dl be l year,. :! r wrn, o. : of the m. :abers w;m i, a heensed prermi.d engmee shah S' ? 5 - -

% 3pm the trim of J of the :omiben wtm is a heened pmressional engmeer shall be 2 years. and the imun of 2 of the members, iraindne: 1 or the members whob a heensed proiewienal encibeer and I of the members of the general public .shall be 1 y ear. Ti.e term of tr.e viendier who is a lic.insed architect sha!I t omeule with that member; term im the heard of architects. The term of the member who is a licensed i land surtcyor shall coie-ide w ch tiiat m-mber's term on thr bmrd of land surveyors.

(7) Of the initial men. ben of the boarit of 1.uul surveyors, the terms o!3 of the members including :! of the memben syho are licensed land snn eyon and 1 of the members re;) resenting the ueneral public, shall be 4 yean; the term of I of the mernbers who is a licensed land surveyor shall be 3 years; the term of I of the members who is a licensed land snrveyor shall be 2 years; and the terms of 2 of the members, including 1 of ti e memben who is a hecined land surveyor and I of the members of the general public, shall be 1 year. The term of the member who is a tiernsed professional engineer shall coincide with that member's

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term on the board of profenional engineer 3. The term of the member who is a licemed architect shall coincide with that member's term on the board of architects.

(S) A licensee who . serves on more than I board created under this article, and who resigns,is disabled, or is removed for cause by the governor from the board under which he or she is licensed, shall no longer represent that board on any other hoard created under this article. d Sec. 2003. A joint meeting of the boud created by II.is artiMe shall be held at least once annually at a time and place determined by the department. Two or more of the boards created by this article may meet jointly at the call of the chairpenon of a board created by this article.

Sec. 2001. (1) An applicant for examination for licensure under this article shall be of good moral character and shall have had not less than 8 years of professional experience in architectural, engineering, or land suncying work satisfactory to the appropriate board, including not more than G years of education satisfactory to the appropriate board and shall meet the following educational requirements:

(a) l'or architecture, a first professional degree or further degree in architecture. Ilowever, until July 1, 19si..a 4. year, preprofenional baccalaureate degree shall be accepted in lieu of the first professional degree.

J (b) Iter profenional engineering, a baccalaureate degree in engineering acceptable to the board of professional engineers or a related degree with courses acceptable to the board.

(c) For land surveying, a degree in land surveying or a related degree with land suneying courses-acceptabic to the board of land surveyors.

(2) An applicant meeting the appropriate requirements of subsection (1) who files an application for esamination for licemure, upon payment of the fee prescribed in section 13 of Act No.152 of the Public Arts of I!)79. as amended, being section 333.2213 of the Michigan Compiled Laws shall be granted an

, esamination for licensure as an architect, profenional engineer, or land surveyor.

(3) An examination for licensure under this article as an architect, a professional engineer, or land surveyor shall be held at least once a year ..t a time and place determined by the department.

t i O An applicant for esamination fut licemnre who succenfully completes studies required for the 1 gr.mting of a degree required by subsection (1) may take a part of the examination which tests the applicant's imderstanding of the theory pertaining to his or her profession. An applicant who passes that '

part of the examination is not required to repeat that part of the examination regardless of when the applicant takes the examination required by subsection (5).

(5) An applicant who satisfies the requirements of subsection (1) shall take the examination which tests the appheant's qualifications to practice as an architect, professional engineer, or land surveyor.

F3 An applicant for esamination for beensure who fails an esamination required by this section may apply f or reesamination 6 months af ter receiving notice of his or her failure. An applicant for reexamination los lii enune under this sninection shall pay.the fee prescribed by section 13 of Act No.152 of the Publir Acts of I!)T9. as amended.

(7) Notwithstanding section 316(3), an alternative form of testing shall only be given to a person with a mental or physical hambeap which tests the applicant's understanding of the theory and the applicant's epialificariom to practice as an arch,itect, prof essional engineer, or land surveyor as required in this section.

_ Sec. 2PLG. Th< department shall mail written notice to an upplicant of the applicant *> grades on each paet of an esamination. On scritten request by an applicant filed with the department within 30 days after nnt:ec of tho appheant s grades has been maded to the applicant, the department shall mail to the applicant

_ wolon .. re..umable time the comments of the board on those parts of the examination which tl e applicant huled to pa

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N .' N[,,c. fh!e -ali in ;.ppheainn ter i(cuinre ..nder tho rtic'cih.;U cou.'a * *e u ;p s .p, a.. :mW . *

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utam not lew than 5 references of u hon,3 or more sha!! he licemees ia th. pmteman oc w hich tne

- appheant a seekmg licensure % no ha,e penonal knowledge of the app!arann pmfe% ion.d i speriem e ist \ herme shall be inued af ter the uppheant has p.med the esammaton preer bed in sectam 2004W and hacpai.1 the fer prewrihed in wetuin la of Act No. I'Q of the Pubhc Ar_tiot 1979. It the jepartment demes the mnance of a heeme to an applicant."he tre depmited shall be retained as an ap%ication fe,-

Sec. 2007. A licenwe, upon being licemed Shall obtain a seal authori7ed by the approprute board and bearing the beensce's name and the truend mdicating either "licemed architent", " licensed profewional engineer". or " licensed land surveyor". Ilowever, a seal existing on the cf fective date of this art:cle with the legem! " registered architect"," registered profcwional engineer", m "registe:ed land surveyor" is acceptable if a wal is respiired underatate law. A plan. specification. plat, or report inned by a licensee sha!! he sealed when filed with a public authority. A document shall not be scaled after the liceree of the licemee n.uned on the document has expired or is smpended or revoked unless the license is renewed, reinstated, or reissued.

Sec. 2005. O) A plan, plat, drawing, map, and the title sheet of specifications, an addendum, bnlletin, or report or,if a bound copy is submitted, the index sheets of a plan, specification, or report, if prepared by a licemce and required to be submitted to a governmental agency for approval or record, shall carry the embowed or printed seal of the person in responsible charge.

(2) If the overlapping of the professions of architecture and engineering is involved in a profeet, a licemed architect or licensed pmfeuional engineer who seals the plans, drawings; specificatiom, and

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reports may perform services in the field of the other practice if the services are incidental to the architectural or engineering project as a whole.

-(3) A licemee shall not seal a plan, drawing, map, plat, report, specification, or other doedment not.

prepared by the licensee or under supervision of the licensee as the person in responsible charge.

Sec. 20m A liceme granted under this article shall be renewed on a date determined by the depart-

+ ment.'A liceme iwued under.this article shall be renewed upon payment of the fee prescribed in section 13 of A(t No.152 of the Public Acts of 1979 and a demanstration of continuing profmional competence as shall be respiired and evaluated by the board.

Sec. 2010. (1) A firm may engage in the practice of architectme, professional engineering, or land surveying in this state, it not less'than 2/3 of the principals of the firm are licemees.

I (2) llowever, nonlicensed principal and the principal's firm shall apply for and receive an approval from the department to engage in the practice of architecture, professional engineering, or land surveying, if the conduct of the firm and its principals comply with rules promulgated by the department.

! (3) Upon request by the department, a firm shall report to the department the names and addresses of its principals, persons in responsible charge, unlicensed principals, and any other information the depart-ment comiders necessary.

(1) A firm shall employ a person in responsible charge in the field of professional service offered at each place of businew in ,this state where a service is offered by the firm, except at a field office which provides only a review of construction.

Sec. 2011. (1) The state or a county, city, township, village, school district. or other political subdivi-sion of this state shall not engage in the construction of a public work involving architecture or professional engineering unten all of the following requirements are met:

(a) The plans and specificatiam and estimates have been prepared by a heen3cd architect or licensed prolewinnal engineer.

(bl The review of the materiah med and cynnpleted phases of comtruction is made under the direct supen hion of a licemed architect or licensed professional enumcer.

tes I ach suncy of land on which the public work has been or is'to be comtructed is made under the Supen ision of a licemed laml surveyor.

sls This werion does not apph to a public work for which the (onteuplated expenditure for the completed project h Icw than Sl3.0MLOO.

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N Chitects, Engir.eern, S.::va73: f Y Sec. 2012. The following persoas are esempt from the reqmrements of this krticle:

(a) A profcwinnal engineer emp loyed by a railroad or other inte;rstate corporation, whme em;1iormem

- and practice is confined to the property of the corporation.

(b) A designer of a manufactured product,if the manufacturer of the product assumes res;)ansibi!ity for -

jhe quality of the product.

(c) An owner doing architectural, en:,incering. or smveying work upon or in connection with the construction of a ljuilding on the owner's property for the owner's own use to which employees and the

public are not generally to have access.

(d) A person not licensed under this article who is planning, designing, or directing the construction of a r'esidence buihling not exceeding "k500 square fert in calculated floor area. As used in this subdivision and

'setmn 2014(e). "calentated iloor arca" incam that portion of the total gross area, measured to the outside witriaces of esterior walls intended to be habitable, including a heater or utility room, but.not including a Frawl space; an unfinished and nonhabitable portion of a basement or attic; or a garage, open porch,

' balcony, terrace, or court.

.+ (e) A person who is licensed to engage in the practice of architecture, professional engineering, or land surveying in another state while temporarily in this state to present a proposal for professional services.

! S ec.' 2013. The department upon application, and the payment of the. fee prescribed in section 13 Act No.152 of the public Acts of 1979, as amended, shall issue a license to a person who ho!ds an hppropriate eertificate of qualification or registration iwoed to the person by proper authority of a board of registration examiners of another state or national council acceptable to the department and the board. if l the requirements for the registration of architects, professional engineers, or land sun eyors under which the certificate of qualification or regi3tration was inued are determined to be equivalent bv the board. The determination shall be made by the appropriate board. A board under this article '> hall not issue a temporary liceme as provided under section 213.

. Sec. 2014. A person is subicer to the penalties set forth in article 6 who conunits I of the followmg:

-(a) (Nes the tenn "architeet'*, " professional engineer", " land surveyor", or a similar terrn in connec' tion 4

u ith the personi name nuless the person iiheemed in the appropriate practice under this article.

(b) prewnting or af terupting to use as the person's own the liceme or seal of another.

~ (ci Attempting to me an espired. smpended. or revoked liceme.

. :(d) tr ing s the words " architecture"," professional engineering"," land surveying", or a similar term in a f.irm name without authoriention by the appropriate board.

.(c) Suinnitting to a public official of this. state or a political subdivision of this state for approval, a

. permi t or a planforfl i ing as a public record, a specification, a report, or a land survey which does not bear

.imr.umre seats of a licensee as required by this article. This subdivision does not appl 3 to a public work costing less than $15,000.00 or a residential bmiding containing not more than 3,500 square feet of calenfated floor area.

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