ML20093N872
| ML20093N872 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 01/06/1983 |
| From: | Kane J NRC |
| To: | |
| Shared Package | |
| ML19258A087 | List:
|
| References | |
| CON-BX17-026, CON-BX17-26, FOIA-84-96 NUDOCS 8408020186 | |
| Download: ML20093N872 (2) | |
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UNITED STATES
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November 29, 1983 n
Charles Bechhoefer, Esq.
Dr. Jerry Harbour Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D. C.
20555 Washington, D.C.
20555 4
- Dr. Frederick P. Cowan Administrative Judge 6152 N. Verde Trail Apt. B-125 Boca Raton, Florida 33433
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In the Matter of CONSUMERS POWER COMPANY (Midland Plant, Units 1 and 2)
Docket Nos. 50-329 OM & OL and 50-330 OM & OL 4
Dear Administrative Judges:
Pursuant to the Licensing Board's request of November 9,1983 (Tr. 22,387-88),
I have enclosed a copy of the concurrence copy.of Dr. Landsman's memorandum to W. D. Shafer, dated August 24, 1982 (Attachment 2, Staff Exhibit 26.). As the concurrence copy shows, the document was prepared at least as early as August 17, 1982.- The Staff suggests that the concurrence copy be marked for identification as Staff Exhibit 31. At the next evidentiary hearing session, the Staff will be prepared to move this document into evidence so it will become part of the record as suggested by the Board (Tr. 22,388).
d I have enclosed an affidavit prepared by Dr. Landsman which sets forth his understanding of the circumstances. surrounding the date his memorandum was -
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prepared.
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Donald F. Hassell j
Counsel for NRC Staff
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Enclosures:
j As stated ij cc: See page 2 L
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cc: w/ enclosures Frank J. Kelley Steward H. Freeman Ms. Mary Sinclair Michael I. Miller, Esq.
Ronald G. Zamarin, Esq.
Alan S. Farnell, Esq.
James E. Brunner, Esq.
Ms. Barbara Stamiris Janes R. Kates Wendell H. Marshall Wayne Hearn Paul C. Rau Myron M. Cherry Peter Flynn T. J. Creswell Atomic Safety and Licensing Board Steve J. Gadler Atomic Safety and Licensing Frederick C. Williams Appeal Board Panel Lynne Bernabei Samuel A. Haubnid, Esq.
Docketing and Service Section Howard A. Levin T
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MDicRAbntnt FOR:
W. D. Shafer Chief. Midland Section j
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R. 3. Landsman. Soil Specialist
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VIOLATION OF ASI.E ORDTR OF APRIL
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'30. 1982.
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q When Darl Kood and Joe Kane7v,ere in Midinnd for aA ACRS heating'. I asked '
s for a meeting to be held on site between liRR. 3echtel, the licensee' and
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nyself.
The meeting took place on a Thursday afternoon in the Remedial Soils Trailer (May 20, 1982). - The purpos.e of the meeting was to discuss.
numerous concerns that I had about ongoing verk and future work.
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. One of the :concarns discussed was a saonitoring pit for what has come to '.
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-be known as the deep 1-Q*. duct bank.
During th'at meeting both' NRR 'and i expressed our concerns that' what the licensee was planning was not approved, i-that is: to excavate below the duct bank. hRR only approved an excava- -
tien down to a duct bank approxir.stely 22 feet deep.
This is documented in an hAC Tedesco to.co6k letter dated February 12, 1982, which references
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a CPCo !!ooney to Descon 1etter dated January 6,1982.
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Since the licensee usually does not know what is in the ground or where it is, as usual the 22 foot duck bank was found at approrf-2tely 35 : feet.
It also was not in the right location as evidenced by the nonitoring' pit sheet piling hitting one side of the duct.
In addition, while dr43m-
. i a nearby deestering.rell, they inadverte atly drilled into'the duct bank.
ecstying the well drilling fluid into. the turbine. building through the duct.
- j I had no problest with the licensee taking the excavat;Lon pie down to 35 s
I' feet instead of the approved 22 feet, since the nethodology of the apprhv'ad excavation ree.ained the same.- ?NRR and,I did have a problen with'the licensee.
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wanting to excavate below the duct' bank to impervious clay in order to seal j
off the water flow, without first inforning NRR of their plans and obtaining.
n their prior approval.
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All of the above was discussed.during the netting.
The licensee was informed.:
p that they could not excavate below the deep "Q" duct bank. The licensee jj indicated that they would subnit something formal to NRR for myymal.
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'W. D. shafer AUG 2 4 1932 q
I Ihm following day, I warned the= during the normal exit meeting and again l
during the s~ vary at the and of that meeting that they did not have prior l
NRR approval. I asked if everyone understood what I was snying and they j
acknowledged.
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The following week, during my inspection to allow the licensee to activate the freezew all, I warned them again that they could not dig below the deep
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~Q" duct bank because they did not have priar NRR approval.
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subsequently, after the activation of the freeze-vall, the licensee' apparently decided that they had to seal off the water flow beneath the duct bank and
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proceeded to dig below the duet bank without NRR approval.
I'm not sure when
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excavation began, but I was on site July 28 when I discovered the excavation
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in progress. The licensee, when informed of my concern, issued a Stop Work Order on July 29, 1982. I wondered why they were so agreeable until I found out that they already had the excavation down to where they vanced it (the clay).
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I informed the licensee.during my exit on July 30, 1982 that they were in direct violation of the Board Order and their Construction Fermit. To make matters worse, the licensee during the exit, said that they discussed this with Messrs. Hood and Kane in Ann. Arbor earlier that morning and had received
" Approval concerning the technical adequacy" for what they were doing. i I -
informed the li.censee that they missed the point (basis of concern). My i,
concern dealt not with the technical adequacy of. what they were doing, but l
rather with their ASLE order requirenant to notify and receive pri,or staff L.
approval before proceeding below the duct bank.
Subsequently. Mr. Zana indicated to me that they never even talked to him about this. Mr. Bood indicated that they talked to him about something concerning the deep "q' duct bank, but he in no way had given approval.
Subsequent to my leaving the ' site, the licensee began what I consider to' be another unapproved excavation in "Q' soils.
This excavation, which involves the relocation of a fire line was discov'ered on August 4,1982,--
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during my next inspection. ~ This excavation is along side the service water f
pump structure.
I have not'had tima to look into this matter to better l
define the details, but as pointed out to you and Darl Hood, they have under-l mined a duet bank, an unidentified pipe thrust block, and appear to be j
along side a safety-related duet bank.
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- s. tandsman,
- j Soils Specialist
.i ccr R. F. Warnick i
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NUCLEAR REGULATORY COMMISSION 1
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3EFORE Tile ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
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.<j CONSUMERS POWER COMPANY
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AFFIDAVIT OF DR. ROSS B. LANDSMAN
'i 1, Dr. Ross Landsman, being duly sworn.' state as follows:
1.
I am employed by the U. S. Nuclear Regulatory Cornission as a Reactor inspector foi Region ITI. The dating of my memorandum to i
Mr. Shafer of August 24, 1982 was a clerical error which occurred in the
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Region 111 office.
I wrote my memorandum in draft for an internal NRC staff necting which took place on August 9, 1982.
The memorandum served as the basin for the enforcement / management meeting between the NRC and Consumera Power Company that was held on August 11, 1982.
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I hereby certify that this information is true and correct to i
4 the best of my know]cdge.
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1 Dr. Ross B. Landsman
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i Subscr'i$cd and sworn to before me thf c'.7 S day of7b.4 4 s dc,t,1983
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