ML20151C503

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Submits IE 810105 Daily Staff Notes Re Proposed Imposition of Civil Penalties Against Midland,Malfunction of Target Rack Safety Relief Valve at Dresden & Malfunction of Main Steam Hot Reheat Valves at Fort St.Vrain
ML20151C503
Person / Time
Site: Midland, 05000000
Issue date: 01/06/1981
From: Dircks W
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Ahearne, Gilinsky, Hendrie
NRC COMMISSION (OCM)
Shared Package
ML20150F172 List:
References
FOIA-84-96 EN-80-058, NUDOCS 8103160897
Download: ML20151C503 (1)


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/2e p ME' A ORNID'JM FOR: Chairmsn Ahearne Comissioner Gilinsky Comissioner Hendrie Comissioner Bradford /'

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FRON: William J. Dircks. Executive Director for Operations

SUBJECT:

DAILY STAFF NOTES ,JA'4UARY 5,1981

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1. Consuners Power Ccgany (Midland Nucicar Fower Station) - Proposed Imposition of Civil Penalties - $38,000 ( EN 58) .

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          • Nover.be r 24, 1978 MEMORANDt M TOR: H. D. Thornburg, Director, Divisica of Reactor Construction Inspect ien, IE

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FROM: James C. Keppler, Director Sl!BJECT: LETTER FROM MYRON CHERRY - MILLAND The attached letter fro: Mr. Cherry regariing the Midland construction project is previded for your infonation. Regien 111 is preparing a response to this letter and will discuss it with you prior to issuance.

I discussed Mr. Cherry's charges regarding the resident inspector *

(page 3) with Morris Ho.tard (Acting Director) earlier today and asked him whether we should turn this ratter over to O!A ir .ediately or whether we sheuld solicit core specif t: infor ation from Mr. Cherry in our respense to him. Morris indicated he would discuss the catter with OIA and get back to me. .

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. arcs G. Keppler Director

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Letter, Cherry to Keppler, dtd 11/20/78 cc w/ attachment :

J. G. Davis IE E. H. Howard, IE W. J. 01nstead, ELD eesp

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This la is reply to yest letter of Beveeher 20, 1978, conceraias the diesel generator building settlement problem at Consumere Feuer Ceepesy's Kidland site and your serisue asserties that "the residaat inspector any have been es-opted by Midland peraennel". The taformaties requested by your letter la provided is the encleeure.

I would like to esaure you that this office shares your internet ta the proper seestructies of suc1sar power plants. Recessinias the history of this project, the NRC has given considerable taspecties ettenties toward verify 1ag that the licensee and its eestractere are

. estisfying applicable regulatory requirements. \ thile sees deficiame.ies l 1a the implenostaties of the quality securesee progress have been fausd during cesstructies eisce the cadwalding suspession La 1973, is ser judgmenc these deficiencies were iselsted rather than generia ta asture, were resolved in a reopensible senser, and did est represent a serisme breakdows la quality assurance. / !a this regard, I have est forgettaa the couaitaeau ! made before the ASLB is 1974 and will met hesitata to receaseed streeg esfarcasest acties should a serieue breakdown la quality assurance escur.

With respect to the diseal generator building settlement probles, we have ast yet detaraised the hasis cauee ef the preblem mer ehes it occurred. We keve f aitiated as investigation into the titcuestances of the settling problem and will base est esfarcenest actists os the findtage fees this investigaties.

With respect to your asserttee regarding the reefdent taspector, I have referred this metter te our Beadquartere for Lovestigaties by the NBC's Office of Inspector and Auditor. Yee will be eestscted by that offies directly to obtain specific infereettom relative to tbla metter.

If yes have sey geestfees regarding this respeese, please asetact es. ,

DUPLICATE DOCUMENT Entire doedtrent previously entered into,systen under mm 28!A28f/?8 1

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November 20, 1978 Mr. J. G. Neppler, Regional Director office of Inspection and Enfercemen: -

U. 3. Nuclear Re7ulatory Cornission Region III 799 Poosevelt Road j

Gian Ellyn, Illinois 50137 i

Ret COBISUMERS POWER COMPANY (Midland Plant, Units 1 and 2)

Docket Nos. 50-329 and 50-330 (Opera ting Licenses Preceeding)

Dear Mr. Repplert I have received from 8.r. Olmstead of the Nuclear pegulatory conesission a copy of a letter and report fro =

Consumers-Bechtel to you, which were attached as enclosures to my copy of his November 16th letter to the Licensing I

acard. The report from Rechtel-Consumers is dated September 22, 1978 and accompanied your cover memorandum

' to Mr. Thornberg dated November, 1978. At page 2 of your -

November 1,1978 letter to Mr. Thornberg you state:

l "In our view, this deficiency [that is, the deficiency in connection with the diesel generator building settlement) has the potential for aff ecting the design adequacy of several safety related st.ructures at the Midland site.'

In view of the seriousness of *this statement and the enormous sums of money which Consumers continues to spend, I should like a more full explanation, including a submissica or a listing of all memorandums, corvnunications, letters and .

reviews, whether formal or informal, which form the basis for the Region III's conclusions made by you. Please mise tell me how you justify continued construction, in view of this serious breach of quality control, unless, of course, gobf

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  • par. J. G. Keppler November 20, 1973 Page two you are content to permit
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  • to ensure safety. I am most concerned over ~what appears to be a cavalier attitude towards construction. Can it be that your organization (whether intentionally or otherwise and whether conscious or unconscious) is affected by the amounts of money Consumers If so, has opent so that you blind your eyes to reality.

you do a disservice not only to the people of the United States

but also to the utilities who unfortunately take advantage of ,

such las enfor:ement. Do we need a serious accident before enforcenent, in your sind at least, equals the imoortance of monetary investment?

Also attached with your letter to Mr. Thornberg of November 1 were coseunications sent to you from Consumers i

power Company, in particular a letter from Rowell dated September 29, 1978 and a September 22, 1978 Interin Report l No.1, apparently issued by Mr. Martinez of Bechtel tn Mr. Keeley of Coneumers Power Company.

In connection with the last mentio'ned report, page 3 has a significant deletion whereby Consumers Power or Rechtel apparently deleted information submitted regarding what you labeled as a serious safety problem, i.e. the diesel buildir-settlement. The report states:

  • This portion of the Bechtel Report is l deleted because it contains a premature i

I discussion of possible corrective action options.'

In view of the lackluster performance at Consumers' Midland site, the history of the defects and bad worlunanship at the palisades site, and the overall shenanigans of Consumers (including the allegations of dishonesty) , I an surprised and astounded that Region III compliance would permit Consumers or Bechtel to delete information on a serious safety issue without even a whimper being heard from the Nuclear Regulatory Coumission. - ,

please let me know whether you plan to follow up

- with Consumers and obtain the information which they have withheld. It simply is incredible that this issue has to be raised by se (or anyone outside of the NRC) and was not followed up on by anyone at the umC.

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  • Mr. J. G. Keppler November 23, 1978 page three I also wish to inform you that my lines of comununication have reported to me that the resident inspector currently on the Midland site may not be doing his job and may, in fact, have been co-opted by Midland personnel. Before I take any action, I would like you to make your own investi-gation to determine whether this person should be replaced and whether the resident inspector operation is work 1sg.

I as requesting all of theIfinformation in this it is necessary for me letter on an imediate timefrarse.

to make a Freedcca of Information Act request or take other steps to secure the infor:sation, please let me know i:xsediately.

In view of all of these situations I should also like to request advance notice of any inspection which Region III intends to make at the Midland plant, so that either I or a representative on my behalf can make arrangerments to be in attendance. If any inspection is to be surprise in nature, I will p'. edge my confidence to maintain the confi-dentiality of any such unannounced on-site vistitation and inspection. I would appreciate sufficient advance notice to pernit me to arrange my schedule so as to conform with any upcorning inspection (or to permit making arrangements for the attendance on my behalf, of a representative) . Please let me know at your earliest convenience whether such arrangements will be made.

But I realise this is a harsh and direct letter.

these problerss at Midland have been repetitive so long that I can no longer believe that anyone takes them seriously.

If you and others at the NRC worry about what shutting down Midland will do to the development of nuclear power more than what eventually will occur throughout the U.S. nuclear indust.y, if consumers becomes the exargle to follow, then such persons should resign and join the industry, letting others note

  • concerned with good government replace thms.

I don't mind my principles losing in an honest adjudication. I have no respect, however, when I or my clients' interest cannot get a fair deal.

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