ML20091P282
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UNITED STATES l
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NUCLEAR REGULATORY COMMISSION f
OFFICE OF INVESTIGATIONS FIELD OFFICE. REGION 111 oLEELS?EEi$IvSis"Enn September 14, 1983 4
MEMORANDUM FOR: James G. Keppler, Regional Administrator, Region III FROM:
Eugene T. Pawlik Director, Office of Investigations Field Office, Region III
SUBJECT:
REVIEW 0F DOW CHEMICAL COMPANY'S TERMINATION AND COMPLAINT FOR DECLARATORY JUDGMENT - MIDLAND (AITS F03033383)
By memorandum, dated August 2, 1983,' R. F. Warnick requested the Office of Investigations review the Dow Chemical Company complaint against Consumers Power Company and its Midland Nuclear Power Plant. Three areas of potential interest to the NRC were contained in the complaint. They were:
1.
Alleged material false statements in pSAR/FSAR submissions.
2.
Consumers Power Company allegedly withheld information from the NRC that fill material was " inadequate and potentially unsafe."
3.
Consumers Power Company allegedly fabricated "an artificial schedule purporting to show that it could complete the project before December 1984."
Region III conducted an investigation (Report No. 50-329/78-20; 50-330/78-20) of diesel generator building settlement at the Midland facility. Five po-tential material false statements were identified in enforcement correspon-dence (Attachment 1) relating to that investigation. The NRC subsequently issued an Order Modifying Construction Permits (Attachment 2) in which a material false statement involving FSAR Table 2.5-9, Controlled Compacted Cohesive Fill, was identified. The other potential material false state-ments were included in the Notice of Violation (Appendix A, paragraph la-1d)
I appended to the Order.
Consumers Power Company has made a series of stipulations (Attachment 3) before j
the Atomic Safety and Licensing Board concerning the adequacy of fill material infomation provided to the NRC. These stipulations include, "the NRC Staff had insufficient infomation to evaluate the Service Water Pump Structure...
the BWSTs and underground piping" and "there were quality assurance deficiencies related to soil construction activities under and around safety-related struc-tures and systems at the Consumers Power Midland Plant..."
i Only the third issue, whether an artificial construction schedule was fabricated, appears to be new infomation. It does not on its face pose a health or safety I
concern. Also, in assessing this allegation, it would appear that the only l
impact upon the NRC of an artificial construction schedule would be the alloca-tion of NRC resources (e.g. inspector assignments, hearing schedules, etc.)
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- September 14, 1983 James G. Keppler
- An investigation of any of these issues does not-appear to be warranted at this time by the Office of Investigations because these issues were either previously identified, previously litigated, or do not pose a health and safety concern.
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Eugen
. Pawlik. Director Office of Investigations Field Office Region III Attachments:
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4/3/79 Memo, Keppler to Thornburg 2.
12/6/79 NRC ltr to Consumers Power 3.
Series of Stiuplations cc w/ Attachments:
P. E. Baci, 01:HQ W. J. Ward. 01:HQ t
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