ML20095G846

Responds to Re Work Done by Gunnar Harstead at Facility.Affidavits of Kw Cook & G Harstead & Svc List Encl

ML20095G846
Person / Time
Site:	Waterford
Issue date:	08/24/1984
From:	Churchill B LOUISIANA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Malsch M NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
OL, NUDOCS 8408280219
Download: ML20095G846 (8)

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RiCMAND S. SE ATTY Cou SEk August 24, 1984 warTE R S DIRECT DIAL NuMSE R (202) 822-1051 Martin G. Malsch, Esquire "

Deputy General Counsel U.S. Nuclear Regulatory Commission I~~'

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Dear Mr. Malsch:

This is to provide you with the information you requested of Louisiana Power & Light in your letter to me of August 9, 1984 regarding the work done for LP&L by Gunnar Harstead, a principal of Harstead Engineering Associates, Inc. (HEA).

As more fully stated in the attached Affidavit of Kenneth W. Cook, LP&L engaged HEA on July 11, 1983 to perform indepen-dent studies and evaluations with regard to the design and construction adequacy of the Waterford 3 basemat. This was done in the context of the cracking and water seepage which had been discovered in the basemat. Mr. Harstead's work has been to provide LP&L with technical information; he was not engaged as LP&L's agent or attorney to represent LP&L before the NRC.

Also attached is an affidavit of Mr. Harstead which dis-cusses the very limited nature of his work as a consultant to the NRC in connection with a one-week structural audit of Waterford 3 in early 1981. That work was performed under con-tract to NRC more than two years prior to his work with LP&L.

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= -SHAW.' PITTMAN. PoTTs & TROWBRIDGE A PARTNERSHsp OF PROFESSIONAL CORPORATIONS Martin G. Malsch, Esquire Page Two  !

August 24, 1984 I have no doubt that this situation in no way violates the Commission's conflict of interest regulations in 10 C.F.R. Part 0, particularly in view of the limited nature and scope of Mr. Harstead's work under contract to NRC in 1981. Moreover, section 0.735-26(e) clearly sets out a special provision allowing the " furnishing [of] scientific or technical information."

I am concerned, however, that the mere raising of the ques-tion might somehow be taken to imply a lessening of the imparti-ality which is attributed to HEA's work or a lessening of the degree to which the NRC staff and t .e Appeal Board should be able to rely on HEA's conclusions. Such implications clearly are not warranted. Mr. Harstead was selected by LP&L on the basis of his reputation for integrity and technical competence and the high esteem in which he is held by both industry and government.

He and HEA conducted themselves in all respects in accordance with Commission requirements and. accepted industry practice, and at no time did they exhibit any but the highest of professional standards in the conduct of their work.

Very truly yohrs, c -

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Bruce W. c Enclosures cc: Service List attached 4

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AFFIDAVIT OF KENNETH W. COOK KENNETH W. COOK, being duly sworn according to law, deposes and states as

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follows:

My name is Kenneth W. Cook. I am Louisiana Power & Light's Nuclear Support and Licensing Manager for the Waterford 3 facility.

1. Marstead Engineering Associates (HEA) has been performing work for LP&L on matters involving Waterford 3 since it was hired on or about July 11, 1983.

2. HEA was hired by LP&L to perform independent studies and evaluations concerning cracking and leakage in the Waterford 3 basemat and to provide LP&L with assessments and conclusions concerning the design adequacy and structural integrity of the basemat. Generally the areas that HEA evaluated were:

A. The engineering criteria employed in the preparation of the site and in the design and construction of the Waterford 3 basemat.

B. Laboratory tests performed on water and leachate samples extracecd.from the surface of the basemat.

C. Stability calculations performed for the steel containment vessel.

D. The structural adequacy of the Waterford 3 basemat by comparison of an HEA finite element model to the finite element model of the A/E.

HEA surveyed and mapped the basemat cracks'at the -35 foot level of the Fuel Handling Building, Reactor Auxiliary Building, East and West Cooling Tower area and the Containment Annulus area. HE.\ reviewed documentation generated during the construction of the basemat. HEA reviewed and validated mapping of cracks in vertical walls performed by the A/E and assessed the structural relationship between cracks on surfaces of walls and the basemat. HEA also reviewed various information provided to LP&L by the A/E and provided comments to LP&L. HEA also attended technical meetings on the basemat held with the NRC staff and its contractors, LP&L and the A/E.

3. LP&L used the conclusions reached by HEA on the adequacy of the basemat as part of the technical support for its arguments before the Atomic Safety and Licensing Appeal Board on two motions to reopen the Waterford 3 operating licerse proceedings. In particular, HEA Reports 8304-1, September 19, 1983, and 8304-2, October 12, 1983, were submitted in support of LP&L's September 30, 1983 response to a July 25, 1983 motion to reopen. HEA Report 8304-3, January 9, 1984, was submitted in support of an LP&L's January 13, 1984 response to a December 12, 1983 motion to reopen. .

4. Neither Mr. Harstead nor HEA has performed any work for LP&L other than that described :Ln paragraph 2 above for the Waterford 3 facility.

5. To the best of my knowledge, HIr has made no direct written communication to the NRC staff or its ccatractors, the Licensing Board or the Appeal Board, nor has HEA had any direct oral communication with the Licensing doard or Appeal Board concerning the Waterford facility on behalf of LP&L. The JRC staff and its dontractors have directed questions to HEA via telecon. These

s-questions were a' result of the NRC staff or its contractors' review of HEA reports prepared by HEA and provided to the NRC staff by LP&L. The telecon's may,have been directly with Mr. Harstead, but are generally believed to have

.:been with-engineers on his staff who prepared the reports. .There have been several technical meetings on the Waterford 3 basemat with the NRC staff. To the best of my knowledge, Mr. Harstead was present at the following meetings:

A. Oct. 26, 1983'with the'NRC staff in Bethesda to discuss basemat technical issues, including HEA reports 8304-1 and 8304-2.

B. March 26, 1984 with the NRC staff in Bethesda, at which LP&L made a presentation to NRC management on the current status of the basemat.

C. March 27, 1984 at the Waterford site, a follow-up to the March 26, 1984 meeting for staff reviewers and some management to observe the basemat cracks.

D. April 2, 1984 at the Waterford site, which was a plant tour, including the bacemat cracks, by NRC staff and management.

E. July 2, 1984 at the A/E's office with the NRC staff contractors and the A/E to discuss technical information provided to the staff.

In addition, a meeting was held on April 4, 1984 at the A/E offices in New York with the NRC staff and its consultants at.which HEA individuals were present but Mr. Harstead was not. This meeting was held to bring the staff

-consultants up-to-date with the status of work done on the basemat.

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.o 42 AFFIDAVIT OF GUNNAR ' HARSTEAD GUNNAR . HARSTEAD, .being duly sworn according to . law, deposes and states as follows:

My name is Gunnar Harstead. = l am President of Harstead Engineering Associates, Inc. (HEA). HEA was founded .in 1979.and performs engineering work under. contract in both the private and government sectors relating to, among other things, nuclear power plants.

Over the years, I have performed work for the NRC related to various nuclear projects, either under a personal contract to . NRR (Contract No. AT-(49-24)=1353) or under contracts ' between HEA and contractors; to ' NRC - involved 'in the NRC's Integrated Design Inspection Prot ri

~ My only involvement with Waterford 3 for the NRC was to provide assistance to Mr. Frank Rinaldi of THE NRC/NRR staff for a one-week structural audit at the offices of Ebasco, the Waterford 3 AE in April 1981. No site visit was made. The work was under my personal contract AT-(49-24)-1353 with NRR, and consisted of 88 hours0.00102 days <br />0.0244 hours <br />1.455026e-4 weeks <br />3.3484e-5 months <br /> in March-May, 1981.

The assistance I provided to Mr. Rinaldi, as one of three consultants on the audit, was fairly minor. It consisted, primarily, of gathering information from Ebasco, including asking clarifying questions of. Ebasco about its oral presentation during the audit. Ih3 only written material was the attached set of notes which I provided to Mr.

Rinaldi within a week or so of the April 1981 audit. The notes consist almost entirely of a description of the design concepts and methodologies for the Waterford 3 structures, including the basemat, as presented by Ebasco and described .in the SAR. While the audit included review of some manual und computer calculations, I myself reviewed no calculations Iand performed no separate analyses of the basemat.

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in July 1983 HEA was retained by LP&L to perform an independent review of the design of the Waterford 3 basemat to assess the significance of cracks and water seepage which had been discovered in the reinforced concrete. HEA performed a detailed, independent review, utilizing voluminous materials (calculation books, computer outputs, drawings, technical papers, etc.) supplied by or at the direction of LP&L. The work included independent analyses, including use of HEA's own finite element model of the basemat.

In contrast, the notes I had prepared more than two years previously were very general. I had no knowledge of basemat cracking at the time an ti my notes containtd no information upon which to make judgments concerning the significance of basemat cracking. The time I spent on the basemat was probably less than ten hours during the audit in 1981, compared to about 2,000 hours0 days <br />0 hours <br />0 weeks <br />0 months <br /> by HEA personnel in the recent efforts for LP&L. The information in the notes was not used in the HEA studies for LP&L.

At no time did it occur to me that a conflict of interest might somehow be involved. Since the ma t ter has been raised, I have given it a great deal of reflective thought, and can see no basis for a conflict of interest. I can attest that my work with HEA on the Waterford 3 base-mat for LP&L has been totally objective and impartial, and totally unaf fected by my previous relationship with NRR in the 1981 audit.

Gunnar Harstead Subscribed and sworn to before me this 23rd day of August, 1984.

,.,, . ,- . BARSARA A. MCHR, NOTAM PUtuC

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UNITED STATES OF AMERICA

"' NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Appeal Board L

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LOUISIANA POWER &_ LIGHT COMPANY ) Docket No. 50-382

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(Waterford Steam Electric )

Station, Unit 3) )

SERVICE LIST Christine N. Kohl Sheldon J. Wolfe Administrative Judge ' Administrative Judge Chairman, Atomic Safety and Chairman, Atomic Safety and Licensing Appeal Board Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D . C .' 20555 W. Reed Johnson Harry Foreman Administrative Judge Administrative Judge Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Board U.S. Nuclear Regulatory Commission Director, Center for Population Washington, D.C. 20555 Studies Box 395, Mayo Howard A. Wilber University of Minnesota Administrative Judge Minneapolis, MN 95455 Atomic Safety and Licensing Appeal Board Walter H. Jordan U.S. Nuclear Regulatory Commission Administrative Judge Washington, D.C. 20555 Atomic Safety and Licensing Board Sherwin E. Turk, Esquire 881 West Outer Drive Office of the Executive Oak Ridge, TN 37830 Legal Director U.S. Nuclear Regulatory Commission Docketing & Service Section (3)

Washington, D.C. 20555 Office of the Secretary U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D.C. 20555 Appeal Board Panel U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D.C. 20555 Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 4

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Service List-ASLAB

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Page Two Mr. Gary Groesch Luke B. Fontana, Esquire 2257 Bayou Road 824 Esplanade Avenue

- New-Orleans, LA 70119 New Orleans, LA 70116 Brian Cassidy, Esquire Spence W. Perry, Esquire Federal Emergency Management Federal Emergency Management Agency Agency Region I Office of the General Counsel 422 J. W. McCormack 500 C Street, S.W., Room 840 Boston, MA 03109 Washington, D.C. 20472 Carole H. Burstein, Esquire 445 Walnut Street New Orleans, LA 70118 4

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