ML20091G639

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Refers Govt Accountability Project (Gap) 830613 10CFR2.206 Ltr/Petition to Ie.Resolution Will Require Close Coordination Among Ie,Nrr & Region Iii.Draft Ltr to Gap Encl
ML20091G639
Person / Time
Site: Midland
Issue date: 06/28/1983
From: Lieberman J
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To: Harold Denton, Deyoung R
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE), Office of Nuclear Reactor Regulation
Shared Package
ML17198A223 List: ... further results
References
CON-BOX-09, CON-BOX-9, FOIA-84-96 NUDOCS 8406040330
Download: ML20091G639 (6)
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  1. o UNITED STATES

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NUCLEAR REGULATORY COMMISSION waswenaron, o. c.2 osse

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June 28,1983 l i9ffiCI PA L_^S ffi v.s ;_ty.=1 f,

MEMORANDUM FOR:

Richard C. DeYoung Director Dr....

f.u Office of Inspection and Enforcement

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Harold R. Denton, Director

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7 Office of Nuclear Reactor Regulation

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i Ei UD FROM:

James Lieberman, Director and Chief Counsel i

Regional Operations and Enforcement Division l

Office of the Executive Legal Director

SUBJECT:

10 C.F.R. 2.206 REQUEST FOR ACTION WITH RESPECT TO THE MIDLAND PLANT By letter dated June 13, 1983, the Government Accountability Project (GAP) requested on bcalf of several clients that the Connission take "immediate action to protect the future public health and safety of central Michigan residents" by:

(1) Modifying the Midland construction permits to include mandatory " hold points" on balance-of-plant and remedial soils work; (2) Requiring an independent management audit of Consumers Power Company; I

(3) Rejecting the current Midland Construction Congletion Plan and Stone & Webster as a third party auditor and

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selecting such an auditor with public participation; I

(4) Removing the quality assurance and control functions j

from MPQAD and replacing it with a team that reports directly to NRC and Consumers Power management; I

(5) Increasing the assignment of NRC personnel to Region III's Office of Special Cases to work on Midland; and

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(6) Requiring a review of the resolution of soils settlement and an analysis of the implementation of the underpinning pmject:a,t its current state of completion.

CONTACT: Stephen G. Burns, OELD j

X27268 Lillian M. Cuoco, OELD X27036 e

i JUL 1 881 8406040330 840517 PDR F01A

~-I RECES4-96 PDM t

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. GAP's letter has been referred to the staff for consideration as a request for action under 10 C.F.R. 2.206. Responsibility for taking action on the petition appears to lie most appropriately with IE because the petition asks for relief that has usually been imposed by IE to cure quality assurance and construction deficiencies. However, resolution of this petition will require close coordination among IE, NRR, and Region III. Careful censider-ation should be given to the relationship to the subject mitter of the 2.206 request and other pending matters concerning Midland, particularly, the current proceedings on the 1979 Order Modifying Construction Pennits.

i My staff will work with your staffs in developing an appropriate response to GAP's request. The first step is to acknowledge receipt of the petition and to issue the standard Federal Register notice. These documents should be issued as soon as possible. I have enclosed drafts for the signature of the Director of IE. Please note that the acknowledgement letter may require additional details to explain the basis for not taking innediate action j

while the request is under consideration.

You should also consider whether you need additional infonnation from the licensee to aid in responding to GAP's request.' If you find that a response from the licensee would be helpful, we will assist you in draftin appropriate demand for information pursuant to 10 C.F.R. 50.54(f)g an and section 182 of the Atomic Energy Act.

Please be aware that all correspondence concerning this matter should be referred to me for concurrence, and that I should receive copies of all related correspondence. I would also appreciate being informed of the names of your staff contacts on this matter.

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I ames Liebennan, Director and Chief Counsel Regional Operations and Enforcement Division j

Office of the Executive Legal Director i

Enclosures:

(1) Draft letter and notice i

(2) GAP letter (6/13/83)

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cc w/ encl.:

J. Keppler, RIII J R. Warnick, RIII E. Christenbury, OELD l

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s Docket Nos. 50-329 50-330 4

0 (10C.F.R.2.206) 4 t

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Ms. Billie Pirner Garde l

Government Accountability Project Institute for Policy Studies 1901 Q Street, N.W.

Washington, D.C.. 20009

Dear Ms. Garde:

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j This letter is sent to acknowledge receipt of your letter to the l

Comissioners dated June 13, 1983, in which you requested that the Comission take a r:umberR actions with respect to the Midland Plant for

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which the Consumers Power Company holds NRC construction permits. Your request for relit.f is based upon deficiencies in construction and quality assurance and control over the Midland project.

I Your letter has been referred to the staff for consideration as a request for action under 10 C.F.R. 2.206 and, accordingly, appropriate action will be taken on your request within a reasonable time. Although your letter q

requests that the Comr.ission take "imediate action" to implement your

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request relief, I decline to do so pending an opportunity for the staff to 1

evaluate your request more closely and to consider the appropriateness of your requested relief. The staff is following closely current activities at the Midland site through its inspection efforts. Continuation of currently authorized activities at Midland should not affect the staff's ability to grant the relief you request, if we determine that your recom-mended course of action is appropriate upon further evaluation.

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[ Add a'dditional information as appropriate, which explains why immediate relief is not necessary.]

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I enclosed for your information a copy of a notice that is being filed with 1

1 the Office of the Federal Register for publication.

Sincerely.

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Richard C. DeYoung, Director l

Office of Inspection and Enforcement l

Enclosure:

as stated Consumers Power Comp'aky cc:

Michael Miller, Esq.

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NUCLEAR REGULATORY COPWISSION t

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[ Docket Nos. 50-329 and 50-330]

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CONSUMERS POWER COMPANY (MidlandPlant, Units 1and2) j Receipt of Request for Action Under 10 C.F.R. 2.206 j

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Notice is hereby given that by letter dated June 13, 1983, the Government Accountability Project (dAP) has requested that the Connission take action, inter alia, to modify the construction permits for Censumers Power Company's Midland plant by imposing mandatory " hold points" on j

remaining construction work and by requiring a management a$dit and other reviews of construction activities. This request for relief is based on alleged defects in construction and quality assurance activities.

GAP's letter is being treated as a request for action under 10 C.F.R. 2.206 f

and has been referred to the Director of the Office of Inspection and j

Enforcement for consideration. As provided in 10 C.F.R. 2.206, appropriate I

i action will be taken on the request within a reasonable time.

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m 2-Copies of,,,1 request are available for inspection in the Conmission's PublicDocumentRoomat1717HStreet,NN.,7ashington,D.C.,20555and in the local public document room for the Midland.p,lant, located at the

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Grace Dow Memorial Library,1710 W. St. Andrews Road, Midland, MI, 48640.

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Dated at Bethesda, Maryland, this day of June,1983.

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i FOR THE NUCLEAR REGULATORY COMMISSION t

Richard C. DeYoung Director

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Office of Inspection and Enforcement l

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