ML20153B857
| ML20153B857 | |
| Person / Time | |
|---|---|
| Issue date: | 04/15/1985 |
| From: | Kane J NRC |
| To: | |
| Shared Package | |
| ML20151D196 | List:
|
| References | |
| FOIA-87-583 NUDOCS 8805060097 | |
| Download: ML20153B857 (165) | |
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I 1 STATE OP 211CllIGAN 2 Irl Tile CIRCUlT COUhT FOR TUC CCullTY OF (IIDLtdiD 3 .......................
)
4 THE DCU C11E!!ICAL COMPANY, )
)
5 Plaintiff, )
) Civil Action'No o 6 -vu- ) 03-00 223 2-Cit-D
)
7 CCNSUhERS PCUER COtiPANY, )
)
B Detendant. )
)
9 )
10 The Depaviulon taken of JCCSPU DAllIZM KAliE ,
taxen pursuant to Notice or Taking Depoultion Ducuuen Counsel 11 for the respective parties, bef ore lloills 11. Harriman, CP, RPR R-2090, 4 tiotary Public within and ror the County vr Hayne, 12 State at flichigan, at 655 Fif teenth Street, ll. U. , Rachington, D.C., on Nonday, April 15, 1985, communcing at aoout 9:00 13 o' clock in ene morning.
14 APPEARA!!CES :
15 UILLIAtt J EUTES, E30 CARCL !!. RICE, ESQ.
16 Kirklanu & Ellis 200 East Ranuolph Drive 17 Chicago, Illinoic 60601 (312) 861-2000 10 Appearing on conalt of THE DCU CHE!!ICAL CG ! pally.
19 JCllN A. LIDBY, ESQ.
20 ELLEU NEARIllG JAliEU !!EISEullEIllER 21 3arris, Sott, Dunn e Delker 21st Floor, First Fuuotal du11uint; 22 1001 Hocuwarc Avenuo l
8805060097 880408 cetroit, sacnigan 40226 B RAKO 63 PDR (313) 960"9729 vn t Appuatlog on uundil or 24 COMEUlLdS PCUEi! CCl1PANY.
1.
2 1 APPEARANCES COllTI!iUED:
2 NEIL JENSEU, ESQ.
CHARLES (10LLI!1S, ESQ.
3 U.S. Nuclear Regulatory Commission flashington, D.C. 20555 4 (202) 634-1493 Appearing on bunalt or 5 U. S. Il0CLE AR REGULATORY CO!H11SSIO!1.
6 7 * *
- 8 9
10 11 W I T N E S S I N D E X 12 tiitness: JOSEPH DA!!IEN 1;ANE 13 Dir ect Examina tion by fir. Jentes. . . . . . . . . . . . . . . 5 14 15 16 17 E X H 1 B I T I N D E X 18 19 Exnibit ilRC 279.. 11RC Starr tiotion tor Summary Disposition on ';ne Iusue or Quality Assurance Impionantation 20 Prior to Ducumber 6, 1979...................,6 21 Exnioit Ilnc 200. . . Incoru9ency Agreeaent catuu 9-21-79 votween 22 11RC enu the U.S. Army Corpo cf Engineers... 15 23 Exhibit !!RC 201. . . Lot ter Ir ca L. Rubunstein to s. Ilowell 24 u a c a u 9 7 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4
3 1
Exhibit NRC 291... Letter trom R. Tedesco to J. Cook aatec 2 1-8-81..................................... 61 3
Exhibit NRC 292... Summary prepared Dy D. Hoou of 10-1-81 4 QQeting.......................-............. 93 5
Exhibit NRC 293... Letter from D. Hooo to Consumers Power 6 tr ansuitting teleconf erence or 1-31-81. . . . . . 95 7
Exbioit NRC 294. . .Lu.ter f rom R. Tedesco to J. Cook dated 8 ll-24-61............e....................... 99 9
3xhibit NRC 295... Letter trom D. !!ood to Consumers Power 10 Coopany datec 3-10-82..................... 1:.0 11 Exhibit NRC 297... Letter trom D. flood to Consumers Power 12 Company dated 3-12-82..................... 1:,5 13 Exnioit URC 298... Letter trom J. Cook to R. Tooesco cateu 14 3-22-82................................... 122 15 Exhibit URC 299... Letter from D. Eiuenhut to J. Cook dated 16 f,-25-82................................... 134 17 Exhioit NRC 301..'...Preparoc testimony givcn during ASLD Id lica rings in December 19 81. . . . . . . . . . . . . . . . . . .dl 19 Exhibit NRC 449. . .Lotter f rom R. Landsuan to U. Gharer 20 datec 8-24-82............................. 139 21 Exhibit NRC 450... Letter trom R. DeYoung to J. Seloy 22 catuu l-12-84............................. 148 23 ExniDit NRC 451...Lotter trou R. Warnick to J. Cook 24 cated 12-9-62............................. 132 l
4 1
Exhibit URC 452. . . Art icavit of J. Kane to ASLD Hearing 2 cated 12-6-84............................. 139 3
Exhibit CPC 1106.1. Amenonent 85 transmittec by lotter of 4 J. Cook to D. Eisenhuc cated 11-21-80......'f2 5
Exnibit CPC 2121.. Technical proposal made by Consumers 6 Power at 10-1-81 meeting.................... 12 7
Exhibit CPC 2122.. Letter anc cocuments trancoitted troc 8 J. Cook co H. Denton caced 11-1G-81......... 96 9
Exhibit CPC 2123.. Letter or 12-3-81 Irom J. Cook to H.
10 Denton tr anualtting auuencum to 9-30-81 cubu1ttal................................... 97 11 12 Exhibit CPC 2125..Hemo trca J. Schaub to D. Miller i dated 5-27-82............................. 136 13 14 Exnibit CPC 2127. . Letter t rom J. CooA to J. Keppler dateu 12-6-84............................. 152 15 16 Exnibit CPC 2497.. Letter trom J. Drunner to ASLB Panel cated 12-6-84............................. 1$3 17 la Exnicit COE 10.1.. Document iron A. Schwencor to J. Coox detud8-4-80...............................36 19 20 21 22 23 24
=*v w-'- p
5 1 Wabnington, D. C.
2 !!oncay, April 15, 1965 3 At Aoout 9:15 a.u.
4 - - -
5 VIDc0 OPE: TAT 0it Okay. Cno uinute, pleuce.
6 He are now rolling and recorcing.
7 lin. JENTES: This uupaviulon is being taken 8 puruuant to tne !!1cnigan Court Ruluc at thu ottleca oc 9 1;1rklanu & E111u in Washington, D. C.. It'u proccuuing 10 on the morning of April 15, 1985 at 9:15 a.a., Eastern 11 Stuncaru Tiuu.
12 Thu cev uvialcn ic bein9 taken in the cabu of the 13 Dow Caeuleal Company veruuu Concuuern Power Coupany, 14 file nuuuur J3-00 223 2-C:(-D, penuing in the Circuit Court 15 ror cho County or tituAanu. A tiocice to tne eficet or 16 ene ace uviulon uuang tasun tuiu actning nau cuen duly 17 surveu on ene witneau, Mr. Joucpn I;ane, en ouployee or la the Unitud Statuu I;uelear Ruyulatory Coaulusivn unu on 19 counsul tor Ccnuuuvro Power Company.
20 At cnin juncture, counsel appearing nuvu to 21 icentiry thousvavve.
22 !y nace la vi1111cu JunteL, J-e-n-t-e-0. Anu along
- 2) wita Le la mj asucciatu, Carui nica. Apreating on 24 cenait at tuc Plaint 11t tuo Dow Cuculcui Ccupun/.
4
6 1 IIR. LIBDY: Anu ay name is Junn Liboy and I'm 2 appearing on behalt vi Consuuers Power Company. Anu 3 with uu is uy acuociate, Ellen llearing.
4 MR. JEMSC!l And uy naue tu Hell Jenmen, 5 appearing on cohair at tac UHC. And witu ac is uy 6 auuociate, Chuck ilullino.
7 HR. J EUTES : At talu Juncture it in B appropriate, I believe, to nave the witneau sworn.
9 J O S C P !! D A 11 I C !! KANE, 10 was thereupon called as a witacas nervin, and arter having 11 ocen rirut uuAy cuorn to tell the truth, the whole trutn, 12 and nothing out the truth, waa questionou anu tectitiud 13 as rollowas 14 DIRECT CXA!!!!!AYICU 15 BY !!R. JC2;TES:
16 0 !!r. Kano, woulo you please utato yvur rull name ror tuu 17 record?
lo A Jouc e n Dantun Kano.
13 y Uhere uo you reuice?
20 A At 7421 itiller Fall Roau, Derwoou, !larylanu.
21 Q And that's heru in the adjacunt to llabhington, au unat 21 carrect?
23 A Proaauly twenty-rive ulluu trou nerus yuu.
24 ( All right. Anu by wnon ato yvu cur rently v.aploycu, !!r.
7 1 itane?
2 A l'm caployed wLch the U.S. huclear Regulatory 3 Comulusion.
4 Q Anu what iu your title at the present true?
5 A Hy title at the present clue La senior Goutechnical 6 Engineer.
7 0 croau utrokes: what are your cuties in that Job?
8 A Thuy are variou. When an Applicant wishuu to ootain a 9 construction or a operating 11eenue with enc HRC they 10 uuumic accur entu ueuunutrating that the plant or other 11 facility nau been properly designed. I have onu aupect 12 to review or tnat plant uusign -- excuse me, and that lu 13 with respect to geotocunical engineering wnien is uayue 14 uore coumonly unuorutcuu to be colic anu counuation 15 engineering. It woulu oc my normal work ruuponsibility 16 to review the sounaation cuulgn of nuclear 1.ower plant 17 raciliticu.
la Q I've placuu autore you anu given counbul tor Consumuru a 19 copy or a accuuunt that's been carkeu au Plantirr's 20 Exniott GRC 279. it's encicleu HPC Start uuttun ror 21 Suuuury Daupoultion un tau luuuu or quality Asburencu 22 lupleauntation Prios to Documuur 6th, 1979. Anu it wau 23 a uocuuent tiluu oy the NBC Jtas Locorc the Accuic 24 Garuty and hacenulag uocru uacn in April or 1981.
U 1 Attacaud to it lu an arficavit; whien la an arriuavit of 2 youruv1f, fir. Kane. Tne artidavit appears at Dates 3 Nuncer 14181 anu continueu arter that.
4 (Exhibit NBC 279; URC Start Motion io:
5 Suuuary Dicposition on tuo Iusue of 6 Quality Accurance Implementation Prion 7 to Docencer 6, 1979.)
0 BY llR. JEUTES:
9 Q Have you nau a enance to look over that arridavit again in 10 preparation ror ycur testimony here?
11 A Yes, I have.
12 g And it lu an articavat that you preparou anu signeu back 13 in 19a1, is that curruet?
14 A Tnat 10 correct.
15 0 over on page 106 or the Dates Nuu'erv in a review ot your 16 proicauional quallricetionn and experience. Anu I'u 17 like to ask you to use -- using that, review ocietly lu your educational bacx9round.
19 A I attenced V111anovu Univeculty anu recolveu a Degree in 20 Dachulor ut *Gi+nt- > Civil En91nuaring in 1961. I Y 21 tuen went to work ano proccuueu to occain ny Mautur's 22 Degroc utconcing at nignt Villanova University. Anu I 23 recuivud ny acutcr's us_Jo*vuca in civil Lngincuring in 3 24 1973. ilhalo vita tac Aruy Corpo or En91neues I was
9 1 required to attuno an acceAerateo courue in coil 2 mecnanics ,bt wac a very intonalve courue tur eight /
/
3 weeks, at the University or Calitornias laat was in 4 1972. Anu I have taken grauuate stuules at the S Univoraity or Haryland in 1978.
6 0 I notico, au is indicatuu on your resuuu, that you are a 7 Regluturou Profuusional Enginuer in Pannuylvania, au 8 that correct?
9 A That is currect.
10 Q Anu a ueauer or the Aauritan Society of Civil Engineers?
11 A That ac correct.
12 Q Over on ene tnico pagu or your ruuuto it inuicateu cnat 13 in 1962 to 1963 you apparently worked ror a private 14 consulting tiro. Unat was tnut tira?
IS A The neue or the firm wou HcCoruic4 anu Taylor anu was 16 locateu in Pn11 uulpula, Pennsylvania.
17 Q Diu you 3oin eneu luneuiaculy artur attenuing at la Villanova?
19 A no, I diu not.
20 Q Unat work, it any, ulu you do outwuen cao time ycu uco 21 grauuateu anu woun you went to work ror the rirm?
22 A Upon grauuacion Iroa Villanova Univoralty in 19G1, I was 23 cagioyec uy thu Ca.1rornia Diviaton or Hignwayu ror u 24 puriou or live contnu.
10 1 0 What hino of work ulo you ao with the Callrornia 2 Division of Highwayu?
3 A It was as a Junior Engancer training in nighway design.
4 Q Anu taen what did you do for the Taylor tira?
5 A I was hired in 1962 anu within the poveral conths I was 6 given the pouicion au Project hanager of uuvaral 7 projuets. It vau in highway ocalyn anu otner aspecto.
8 It was in urainago cor the Liourty Doll Racetrack in 3 Pennuylvania. Anu i alto workcu on the cocign of a 10 uarina in Pennsylvania.
11 Q I noticeu trou pagou 187 anu ida or your resumu that 12 apparently in 1963 you went to work ror the U.G. Aruy 13 Corps or Enginworu anu remaincu witn then until 1975.
14 Iu that corruct?
15 A That iu correct.
16 0 Ultimately dic you work up to being Chiet of the 3011s 17 Deuign Section, Founuations anc Materials Branen, au is la inuicatud in your recuno?
19 A Yes. That occurreu in 1973, 20 Q In uroau utrokos: Whet weru your ruuponciullition in 21 tnat 64aition?
22 A Au Cnlor at thu sottu Douign Section, I was to uui.erviuu 23 a group or enginuuta and tuennicianu in cau u0110 anu 24 counuation worn ror cno Ph1Auuulphia D1utrict. It nuo
11 1 primarily to do with the cuuign anu the cunctruction ut 2 largu uaau, out it also involved a lot or other work 3 witu respect to cispoual or orouge udtorial, 4 construction or rac111 tion along rivuru, such as the 5 Delaware River in Philuuolpnia, whuru we woulu be 6 getting into the placing or sheet pile walla anu the 7 like.
8 Q ilow many people clu you navo working tur you in your 9 role as Citier or tuo So113 Design Suction?
10 A To wy cemory it wou aoout give enginuors and two or 11 thruw technicians.
12 Q Why la the U.S. Aruy Corps or Engineeru involved in 13 tnocu kinus or projects ?
14 A Tuu projects tnat I uuncionou witn rwupcet to wnen i 15 worxuc ror encu?
16 Q You. Anu more uroadly: Why cous tno Corps or Unyincuru 17 get involved in Lo much boliu related work?
18 !!R. LIDUY: Cujection: Lack or rounuation.
15, 3Y iiii. JEllTE.9 3 20 Q Pluoso anuwur.
21 hh, JEIISE!1 You udy answur.
22 A The Branen work tnat I wou witn Luc Corpu was the 23 elvilian aopuct or it, anu tne Corps cous a Act or civil >
24 worku, uusign anu wonutructicn. linut wu wuru uutng in
12 1 cne Philauelpula Diutrict wau Du11oing several public E worku, notuoly cauu anu recreational atuau ror -- ror 3 ceveral reasons cualuua ruercation; it woulu ce tor t 4 water supply. Anc cnu Corpu itcoli is an organiuation 5 throughout the flation anu even overuoac tuat coes enoce 6 cype of works.
7 Going bacn to your opccific question about collu, u tne Corps -- and I thinn a lot or vuopiu would agrec 9 with this, au pecuauly the forcrunner in -- in the 10 ruccarch tnat hau cucn cone la boils anu coundationu at 11 their llaturwaya Cxperimental Station la Vicksburg, 12 tilusiusippi. So, tne Corpo nac a 9000 uual or 13 experiencu in collu anu tounuation, had pubAlahuu uany, 14 cany research projuuta that have auvancou enu 15 state-of-the-art, una it'u puu11uhuu wany engancuring 16 canualc on that uuu3ect.
17 0 Accoruing to your recuue, I take it that in 1975 you la lert enu corps anu wunt to work ror the NRC, tu tnat 19 correct?.
20 A Yes.
21 Q Could you trace tnu worn that you novo uune witn tuu Uhc 22 cincu 197S, pleasu?
1 23 A I wi41 tracu it uy h13hilynting tne type or worA, but I 24 woulu not ruauuuur all the projeccu that I aave wuchuu
13 1 un.
2 ELuentially thu work or a guotechnical engineer 4c(tVKn) g3 3 with respect to projuuts in the Hitt iu uocuuentu were 3 r N
4 oubmittud by tau Applicants unu the Licenueu that 5 uuvelop cue counoacion uccign or a specific plant. Our v
6 work is not just reutricted to nuclear power plantu, we 7 got into other aspectu of nuclear racilities, but the 8 majority of uy work has been with nuclear power plants.
9 Anu wnat wo woulu ao woulu De to tuview tne foundation 10 cec 1gn or the Applicantc' anu Licencwus' uubulttals to 11 anow that they navc aceguately designeu the tvuncation, 12 nava un acceptacle cargin or uafucy witn respect to that 13 duaryn, anu must URC Regulationa anu Regulatory Guluuu.
14 g If you'tw able to say On how aany nuclear pro 30 cts 13 nave you ucun invoivou in auviuory capacity or in 16 connuccion witn working on analyues of uoils anu 17 geocochnical uutturut ld A Tauro aru procably riftoon nucluar power plantu tnat I 19 nave buen involvud in. Anu prvuacii con to ritteen 20 tailingu wasto ciopoual systuou unat I have uoen 21 involveu in.
22 Q In looKing at pago 4107 or the recuac, thuse'u a 23 uvacription or your uucius witn uno URC there in tho 24 cirut two-cntrdu ot uno pagu. Anu one ut thu iteau la
14 1 item D says servin3 as an instructor for the Orrice ut 2 Stato Programu. libat has cuen involveu in that aspect 3 of your cuties?
4 A URC nas an Oirieu or Statuu Program, and what it is 5 incendoc to uo la to assiat the Stateu in their 6 licensing of curtain nuclear facilitius. One of then la 7 the milling or uranium. Tnere are actually two broaa d clacuifications ot Statu work. Anc, enat to, thero are S what 10 Called AgreQuunt Statuu. Anu tnat iu wuctu the 10 States have agreeu to accept tau ruuponsibility of 11 liconuing certain aupucts at radiatica type f acilities.
12 Agreement Statuu woulu not be involveu with nuclear 13 power plants, but enoy can at tnuy uumonstrato encir 14 organlaation anu their critoria la equivalent to cae 15 NRC, can 11cunao curtain racilities. Anu Go curtain 16 Statuu, I thinn now thoru's twenty-uix or twenty-seven 17 States, arc what arc called Agreement Status wnero eney la have accupted tne responululiity or that licenuing 19 action.
20 Anu my involvuuent as an instructor wau with 21 ruupoct to uranluu RIAA tallinga rotuncion cauc wou to 22 explain what NBC diu in tuule revicw or tnu :ounuation 23 anu ao11a work, expAoin to tncL cur Guidelincu, uno try 24 anu auulut them whurevur we could.
15 1 Q 01o there como a point in 1979 wnen you got involveu 2 with tne niolanu Nucleur Pro]cct ct Consumeru Power 3 Company?
4 A I became involveu with tne Hiciano Pro]act. on the latter 5 part of 1979, yes.
6 Q Was that the rirst time when you nau any involvenent 7 with the Hidlanu Project?
8 A Yeu.
9 Q I'u line to ask you ir you could tolo up the document 10 cnat I acLou you to Aook at rirut, although I'll return 11 to that uocument later, but you can put it to the arcu 12 toe tho'mouunt. And Act me hand you a docuuent wnica 13 nuu oeen uarkou au NRC 280. Could you identity wnat NitC 14 280 is, picauc.
15 (Exn1Dat NRC 280; Interascacy Agreemurit 16 udtcd 9-21-79 uutwcon NRC anu the 17 U. 3. Army Corps et Engincoru.)
10 A It isacopyorthuURfCAgreement between the NRC ano 19 the U.S. Army Corps of Engineer whien wea cignuu au an 20 URC Agrecuent in Sc ecouuer or 1979.
21 huat enas Agreenent coupleceu was tne arrangeuents uotween the NRC anu tau Corpu or Cngineers to rcculve 23 toennicaA coutacancu An thu tielo ut youtuennical 24 unginucting ror tnu review or the .11alanu P193cct anu
I 16 !
i 1 aluo the Dalliy Project.
2 BY MR. JEUTES:
3 Q Perhaps I should neve backud up a little bit. Ilow clu 4 it come about that you becaue involveu witn tne hiciano 5 Project in the latter part or 1979?
6 A Prior to unu und at 1979, there was a reviewer for the 7 Miulanu Pro]oct whoue nunu was Dan Gillen. Itr. Gillen a wau involved in tuu rev10w ur the Final Saruty Analyuic 9 Reivew, une FSAR, tor M1olano, anu nau uovolopeu uoveral 10 Sckdi gueucions in ha", review-p:cjtttttm ror the PSAR. At 2 11 thic tiue tir. G. Allen nou chosen to cove to another 12 orricu within !!RC anu ao tue -- the reviewer ror !!idlanu 13 wau leaving anu encru was Ykopening. At that trac cur 4 14 work schedule was very ncavy, It wau becoming recognized 15 enat the uxtent of tue proules or Hidlanu wau very 16 catenuive, and it wab reAt oy the Hanascount or IJRC to 17 go and ootain inucpenoonc auulutance, cuen as the Corps ld or Engincoru, in ene review or the titulanu Project.
19 Q Uac it telt that cecause of your past deaalngu with ene 20 Corpu, unen you'u actudlly worxcu rur thea, that enat 21 wcuau assist in worxin9 with the corpa?
22 A I thinx cnat was unu or uoveral conctuerationu; yes.
23 0 Uhat was your scle au connection witn une incucruce that 24 uuvelopeu with tue Corpu?
17 1 A The interrace ulu changu anc uio covelop through the 2 courso or the review. In the lactor part or 1979 I wau 3 mainly concerned wita working out the arrangeacnto or 4 tne Interagancy Agececont, maning cure tne Corps nad 5 ucun given the occuLunts ror une Hluland Pro 3ect, and 6 cluo meucing witn the Corpo to explain what Stanuaro 7 Review Planu, what Regulatory Guides they wouac nueu to 8 compicto chiu assignuunt that ency were uncercaning with 9 the NRC. At enu beginning it wau perceived tnat une 10 Corps woulu ou the ua]vr part or the scotecnnical 11 ungineering review. As thingu ceveloped anu we got into 12 ene llegring procuuu, I becamu uore involvec enan I think 13 was originally anticipacca.
14 Q I noticeu in luoking at NRC 280 that it in cated 15 September 21, 1979. Anu cnut ir you luuk over to the 16 next to One laut page ut the docucent uown near the 17 uottom, unuer specaric Work Requirencnto, there'u a la returence to a Tecnnical Honitor and your name appuaru.
19 Hab it anticipated when the Agreeg.cnc was n. areu back 20 in Septeuoct, 21, 1979 that you woulu uu' c. , 6ac 21 Technical !!onitor un benalz uf the NRC7 22 {A At cau taae ut the Agreeuent was acui 9neu, it was bt 23 recognisuu tnat i uvula ptnu Toennical !!onitor; yes.
24 Q Anu wnun ulo you actually tano up your uutico in enat I
18 1 regard?
2 A I would say wnen ene cuntract was signuu in Septeuber 3 1979 and enat -- anc tuu aspects or outieu that I 4 unuertook at that tinu was to assure that the Corps wau 5 receiving the propus aucuuentu.
6 0 You caid that au tau relationuhip witu tau Corps 7 dovuloped your role occace a 11ttic cit auru than mayue 8 was originally anticipated. Could you explain in a 9 little bit uutu cetail wnat your working relationuhip 10 wou with the Corpo anu now it evolvud in the period 11 atter une Fall or 1979 when you rirut became involveu?
12 Q Well, I have alreauy indicated that my initial work sita 13 tuo Corps wau to waku sure that thuy hau the prepar 14 docuuunta, tuo naulano accuments ano the tiRC Regulatory 15 Guruus anu stanuaru Review Plana. That van the initial 16 one.
17 Tnen it was churtly after enat tnat thu Deceauer lu 6tn Orcer was lauuuu anu Consumeru then appealed that in 19 late Documuur 1979. So, our Interagency Agreement ciu 20 not ancielpate tau extenuivu licaring that wu gut into on 21 ene titulanu Project. Ano ao as we got intu enat, as we l
l 22 got in to trying to unuorutano tuc extent or thu l
23 proulen, wnot was neuueu au an acceptable Ilx to tne i
24 cif tercnc propleua tnat were ouveloping, until that all i
l
19 1 Decam9 clear, I rounu ayuelt uponuing uore time on the 2 Midlanu Project than nau originally been anticipatou; 3 and we got into a sortuu og uupositions, both or 4 ourselvec anu of the meacuru or the Utility Coupany, 5 Consuucru Power Company, anu Bechtel. ,
6 Q l'c going to cono occk and trace in a little uit more 7 cetail what you rirut got involved with at the ulolano u Proguet; wnen you lookad at tnu docuuento anc then Locu 9 or the lator utages. cut ror the couent I wanted to 10 caplore a lattio bit sort or how ueeply you got into 11 reviewing the untare uo11 uituation at Midlanu in ene 12 courue or your work. Dio you got quito cecply invcivco 13 in it or not? ,
14 A Initially, no. And there I'm reterrAng to what are 15 calloc cne 50.54 (r) documentu. And tuey wero enu 10 responsuu or the Applicant to the NRC's questions.
17 Initially I wau not heavily invvivuu in choce, that was la oeing los t up to thu Corps. But as the Corps cuvelopcu 19 their questionc in responuu to their revluw or thouc 20 documents, I occame coro involveu becauuu or the 21 ditterenwuu that were uovoloping uetween eno quuutionu 22 that wuro ocing aukud anu the respunuus that were acing 23 given. And sa by tae -- I'a auf oy 1901 I was 24 uusentia11y revluwing tne uuue occuments as tnc Cocpu or
20 1 Engincoru.
2 y Anu au the situation progreuueu, diu ycu get into a 3 uituation where you actuaAly cut on a reasonably regular 4 bauiu witu the people rrcu Conuuuuru anu echtc1 to 5 uiscuss the preposuu recuolaA rixus f or thu :lluland 6 Project?
7 A We u1on' t ueut quito or ten with Consuucro with reupuct 3 to the Ilxcu. I woulu aay wnat was triggering thuuc 9 meetinga wou the ASLL !!ecting that was going on and the 10 recognition that tauy were uuvuloping fixuo and 11 prouuntint tueu au tuctimony in the ASLB Hearings. Anu 12 we woru reviewing enat work anu curing tuo cource of 13 tuut process we aut witn thuu uany clues.
14 Q Let uu back -- well, I guoas I snoulu havo touched a 15 11ttle bit on one otuur item beroru I coue back to cort 16 of what you clu when you rirst camu on-uoacu on tuu 17 pro 3 cec.
18 I take it ircm your testimony nero couay that you 19 occaue involveu in testitying in the course or the tinc 20 licar a ngu . Diu you prepa re testimony trua true to true 21 in connection wita chuuu ASLD Ucarings?
22 A Yuu.
23 Q In tnat regeru, let uu hanu you a uccuuont unleh neu 24 been JarKou in th1u caue au fil(C 301.1. I'm going to
21 1 souc pack anu reser to thau uccument trou cluu to time.
2 (Exnibit flHC 301.1; Prepared tout 1 mony 3 given cucin9 AULD llearingu in 4 Docencer 1901.)
5 bY (la. JEliTES:
G Q In cnia some preparud testimony on benait or youracir, 7 !!r. Ilocu, ano lir, sinsu, taat's S-1-n-9-n, witn regaru u to tne remudial uncarpinning of the auxiikary builuing 9 area that wou given uuring tne ASLB uearings in Duccuber 10 or 19017 11 A Thu only cning I'm nut suru or with r es poet to what you 12 nave acked lu whether tho auxiliary cuiloing tiearingu 13 were in Deccabur 19ul. Otner than tnat, you.
14 Q All ragnt. Tne cover uheet of the coeuaunt waren ycu'vo 15 turnuu over there la uno actual tranuctipt, you'll 16 notice it's a little coucurco, but the date is Documuor 17 3, 1981. And that's wnun thu actual testimony was given la at ene llearingu.
19 A Yes.
20 Q Did you work witn tir. Hoco anu tir. Singn in putting 21 togcchur thiu, it you will, couulnud uut of teuticony?
22 A 1 dio.
23 Q Let nu now aort or uuck-up to wnen you canu co-boaru to 24 ene titolanu Project in tne c'a11 or 197 9. Anu in
22 1 connuccion with enac I'll hanu you a couple or 2 uccucenta, the rarut ot whien nas boun marxcu au NHC G0.
3 HR. LIDDY: Thank you.
4 DY !!R. JENTES:
S Q Which has cuen prvviouuAy luontafled in tuiu case ao a 6 letter trou Hr. Keppler to Mr. Ilowuil ot Consumers Power 7 or Harch 22nu, 1979 uencing aAung tne rinal verbron or a une invoutigative report on tne Haulano uoll ultuation 9 tuat hau beun preparuu Dy Huuuru. Gallaghur, anu 10 Pn1111p, anc fluxwell.
11 Tne secono uccument has been marked au NRC 204.
12 HR. LIBDY Tnanx you.
13 GY !!R. JENTCS 14 Q And it has previously cuen iduntifiuu au a lutter tron 15 Mr. Denton ur tne NRC to Mr. liowell or Haren 21, 1979 16 genuing along a uo-calluu 50.54 requeut ror auuitionaA 17 incurmation.
la Are you acquainted witn tuche two uucuuenth in a 19 9uneral way?
20 A I did not navu input to -- Auto either ut tnesu 21 oueuuunta. I'u acquainteu witu tnua in tuu ucuse tnat 22 I'a auto in the couruu of my tuview ror thu Hauland 23 Project I nave rouu thuu oL uno tino or anotner, anu 1 24 aAso an uwaru unat tueue are cocuauntu una; you nau
23 1 luwntailed ror tulu uchoultion.
2 Q You ment' auna a little Dit earlier in your teutiuony 3 here touay that you wuro awaro, I believe, wnen you got 4 involved in the Fall or 1979 that the NRC wau concerned 5 about the so11c proulous at the Miulanu 31Lu. What did 6 you learn aucut that concern wncn you got into the 7 project in the Fall us 19797 0 Ha. LIuaY: 1 objuet. I tuinx tne question au 9 ambiguous ano calia Ior a narrativo.
10 BY llR. JEUTES:
11 Q Picauu go anoau anu unuwur.
12 A As I uncerstano your question, you're auxing me to put 13 uycelt in the timurtauu or late 1979 anu to acentary 14 wnac I understood wou the status or tne Illaland Project.
15 Is that correct?
16 Q Very close to it. The only moutrication I'd maku au l'a 17 incerustuu not uo mucn in ]uat the statuu of tha 18 pro]ect, but wnat you uncorutocu to ou tne N!!C concernu 19 witu une uoll situation at the project anu, uoviousAy, 20 going on trou taate wnut was tne role that you anu une 21 Corps were to play in acurcusing tnoue prouleuu. So I'm 22 cort or looKing at wnat you uncoracoeu une probleau were 23 anu wnat was tau naturu or tne unuertaking tnut unu 24 Corpu anu you wuce to cut out on ut that stage.
i 24 i 1 UR. LIDDY Gano ouj ection.
2 A , July -- excuuo cu, 1970, tno uuttlement or une diesel 3 generacor bulloing hau uwen large ano I thing at that 4 tinc, or it was uisher in August of 1970, it vau larger S than nad econ precictuu ror the torty year planned lire.
6 Consumers nao notirleu tuo NRC us chla informacion.
7 What ceveloped after cuot was -- was a uuries or u questions tros the NRC that woro actuapting to luentify 9 wnat nad causec enat problem and how wido-upreac tnat 10 prouleu wau. Anu uo enore wou a uutieu ot questions.
11 Tnu Starr, and at that time in uy area would have been 12 Mr. Gillen and Mr. Hellor, who hac coen ucoting and who 13 nao been uoveloping the questions trying to unuotatano 14 how bau wau cue prooleu et Midlanu.
15 A series or questions wuro asked with reupect to 16 the diesel generator uulloiny anu later on, uut bulore 17 Decemoor of 1979, auking what were tne other utructures id that were built on plant tall, were they attucted oy 19 this illi proulen; at:c, it they woro, what plana was tue 20 Applicant golog to covulop to cenonstrate that chese 21 struccures woulu uu uate anu equal to what had been 22 uccuuenced anu proviuco in previous cocumentu uuonittuu 23 to tne PSAd.
24 At culs clue in late 1979, the Corps wau cnon uoin9 l
25 1 acAud to picn up on eno !!1olano Pro 3uct recogniatng that 2 other utructurus vueause or uuusurracu explorations enat 3 were being conouctud in latu 1978 were inuicating other 4 atructuren woru arrectou cy the plant till till problum.
5 Anu ao the Corpu was asked to review the FSAR docuuents 6 anu enw 50.54 (t) uvuuocuts anc cacisty caeuuulvec that 7 the Category I structures anu piping woru staulo anu 8 properly designed ior their foundation. Anu to do that, 9 in recognition or thu now inrormation tnat was couang 10 in, tne corpo woulu ask certain yucations acteupting to 11 caciury theubuivwo unat it wau auru.
12 Q When you cane on-boaro f or tne projuct, as it were, in la eno Fall or 1979, ao you recall having reviewed Mr.
14 Gallagner'u report tuat is NRC 687 15 A I'u rairly certain I olu not review this coeuuunt in 16 1979. I think I reviewuu tr, during the couruo of the 17 ASLB Hearingu.
lu Q All rignt. Anu wnen uru you becomo involvuc with Mr.
19 Callagner' a repor t au they puttained to the ASLD 20 Hearinga; approxiuately what was enu timetrace?
21 A One or the earlier oveuuunto you provideu to nu wau the 22 Succary Diupoultion; I thian it was at that clue that uy 23 errortu were Dwing cooruinateu with Mr. Ga11agner.
24 Q And that was in April or l'di ) ab Enu uccument you're
26 1 recurring to't 2 A Yes. But churo wau a periou Refore cnon wnere the 3 probleu was becouang better known wnat tuo cause et unu 4 prooleu was; and that wac thu fill anu itu coupaccion.
5 That information wau being snown and at that time our 6 ocuign review ortorto wcro then using cooruinateu with 7 lir. Ga11agner anu resulted in that sumuary -- excuce me, 8 coposition.
9 0 Turning to NRC 204 for a nuaent, wnich 10 the 50.54 10 requeut. You've recurrvd several tinuo during your 11 toccamony nere touay to that request and some or tne 12 reupunuun. Ilhen you utarted in tnu Fall at 1979, old 13 you ruview cne request enat had been uaue uy tno NRC tot 14 cata unuur 50.54 anu the responsen that nad come in trom 15 Consuuutu Power as or that tinu?
16 A Yeu.
17 Q Uere eney among tne uocununtu that you recorred to la carAAer as having been anscuolud uy you anu sotten to 19 tno -- to the Corpu tor Lucir review?
. 20 A Yue.
j 21 Q Wuen you ctarteo An the Fall or 1979 on this eroject, i
22 clu you aAco eaauinu wast riacs, 1: yvu walA, nau cuen 23 proposed by Cuncu=vra Pcwer an.u its accultect/ongineer, 24 accntel Corporatlur., to tuAu care or the uo110 probleu?
27 1 A Uc'ru calRing or tue timusraue or late 1979?
2 Q That'u currect.
3 A Yub.
4 Q In that connection lot au hano ycu a couplo moru 5 cocumuntu. Which cirut I'll nanu you what has boon 6 marged au CPC 2044. Thiu tu a tranuuittal luttur trom 7 nr. Howual to Mr. hupplur ut June 25, 1979. Anu it 0 uenou along, as you'll acu at the thiru page og enu 9 uocuuunt, the Interiu Report ;iunour Six un UCAR 24.
10 Tnat particular incurra Report ceing oatuu June 11, 11 1979. Tulu report also happuna to include an early 12 proposal :or dealing witn probicou at the auxiliary 13 uulloing.
14 Wau talu une of the 11Xuu unat you reviewed in tuu 15 Fall or 1979?
lo A I woulu nave to uay in thu Fall or 1979 enat I hau not 17 revluwou tniu anu thu ruauon tar that. It was at tuar 13 time tuat we wuru still looking to the Corps au the 19 cc]or geotecnnicaA cuyanucring reviewer.
20 Q Luc au nanu you thun the nuat cocuount wuicu au CPC JUG.
21 Thru hau Luen provicuuay luontarleu au a tranculttal 22 letter trou Dr. Huwu11, it'u actually utgnuu uy Mr.
23 Harguy110 to Mr. hepeAor or August 10, 1979. Ano 24 attachuu to at are uvue avuting nctuu anu cnu actual
28 1 prouentation mauc uy Consuuors anu itu consultantu, et 2 cotura, to enu hac on July 10, 1979. Anu tnic contains 3 aluo souu renculal propoualu relating to the aux 1Aiary 4 building, uave you nau -- or old you ruviuw thiu 5 uocument?
b A In latu 1979, I woulo uay my answer woulu De the same au 7 previously on enas, in that this uocument hau coun given a to the Corps lor their review; I nau not yut gotten into i 9 its contentu. Duc it was uncetly in 1960 that I relt 10 lixo tnat wou une cluutraue whuro I diu bucome involveu. l l
11 g When you got involvuu in late 1979 anc enen into tuo j l
12 carly part or 19a0, wnut c10 ycu undurutano was the l 13 reucaial muauuto that vau proposua uy Conuuuutu Powcr to 14 cual witn tno uolls prouleus associatuu witn the 15 auxiliary uutiaing?
16 A To uy recollection, tacre was an inattal conceptual 17 deuign to remove uno poor till unuar tue auxiliary la builuing ano chun that vau uuasoquently enangco to put 19 catusonu at the uno or tuo EPA, tuo electrial 20 punccration areau. Anu it's my rocolluction tnat that's 21 wnat is i.ropouco in this coeuaunt.
22 Q Anu the coeuaunt that you'ru reterring to la une unu 23 tnat'u CPC 3d0, tnu g.cocuntation tnac was made tu enc 24 NBC on July lu or 19797
29 1 A Yes. In anawur to your question, I recall we uaw cne 2 docuuunt now and ruviewuu that.
3 y Actually you're very corsket. Tnat is wnun tuo proposal r 4 was caco.
5 When you utarteo into tnis projuct in tne Fall or 6 1979, nau the people at the !!hC toruco any views one way 7 or another with twgaro to wnutner or not th1L caisuon 8 proposal was a worxaulu proposal or not?
9 A In the Liuurrace or latu 1979, I woulu uay no one at ilRC 10 nau lookuu at it in-depen anu unat's why -- anu that was 11 becauco they wuro relying on the Corps to now picx up 12 tuu review anu to review that aspect of it. l'u say in 13 late 1979 the peoplu cnac wuru invoaveu, anu cnat woulu 14 be the puuple that procuded uo, hac auxec quuutionu 15 about the ultracent structurou, tne auxiliary bu11cing 16 being ano of thoso. And up until Docucuur 6tn, 1979 hau 17 :el t tuu quuutions enut nad been auxed nau not uuun ;
18 uattaractorily anuwurcu. c 19 Q Wau une or the reasons tuat tuu Corps haa ocen cruusht 20 in in Septembur or 1979 was to auLobs tuiu rucculut 21 uotin propucal watu rugaru to tne calasonu at tne 22 auxiliary bulluing?
23 A Tnat web one or tne anticipatuu outieu; yeu.
24 C Hau tnu Corpu also urcugnt in tu loox at othur ct enu
l 30 1 recedial propouaAd that were being put terwaru by 2 Consumers Power to cual witu enc soils probleus at 3 tiidlanu?
4 A At the time the Corpu was owing brouynt on-boaru, tuvy 5 were owing audeu to look at all the runedial acasurvu.
6 Q By caning a look over at the third page or CPC 366, 7 you'il see some nuoting noccu there. Anu uncur item 3.0 8 there's a roterance to Reuedial Work in Progrous or 9 Plannou. As you unuurstuou at, was thlu listing noru of 10 tau acumu 3.1 through 3.8 cnw recoulal work enac was 11 being planneu or thet was actually in progrous au or the 12 Pall of 1979 wnon you caue on-boaro?
13 A I thinn in talsnous to answer that quustion I woulu have 14 to re-reca wnat is in tnis document to cuoco aspects. I 15 guess wnat l'a saying tw ac's my uncorutanuing of thau 16 page tnat they are luentifying the runedisi wurx enat's i
17 going to oe cono ror these structureu; cut wnatu in 1d rollowing paguu and to what uopth they got into, l'u 19 navu to luox at thebu cocuments.
20 Q I unceratand, Dr. Kane. I was not getting into the 21 uutails. What I wuu just uort ot looking at ror the 22 mouunt was ror orvuu atroKwu au wnat's 11atuu noru au 23 Enu Qigtlt Atcus or Icauolul work, Wure tacSu cue Q1gni 24 iteau that yuu unceraccou were necucu cv uv acureuscu to
i 31 1 ucal with the colla probiwnu ao of tne Fall ot 19797 (
2 A I woulu say, not having read this occument in uutall in ;
3 late 1979, I woulu say no to your answwr. But I also 4 suv1 that what wu wuru relying on thu corps of Enginocru 5 to uo was to make an indepenuunt review anu to auceus 6 tor enemuulves what utruc.ures were involved. So thic 7 list may or may not be currect uopunuing on what the U Corpu' rinaings woru.
9 Q Did you ultimatuly become involved in revivwing tnw 10 remeuial propouais witn tw9aru tu vaen or tae wight 11 iteau cnat aru liuted huro? Anu l'm now not aucrossing 12 Juut into the Full of 1979, but as your worn with thu 13 Corpo procevuou uiu you uwcouc involyco in reviewing tnw 14 reugdial propouaic au to cach or tucue cignt itumu?
15 A Yes.
16 Q Anu diu you uccouw yeate wull-acquainted with tne 17 ruuedial propocalu?
10 A You, I alu.
19 Q Frou clue to tauu thlu uorning you've curerred to an 20 Uruct that was acauou un Duccaber 6tu, of 1979. I'd 21 lige to hanu you a copy or that Cruar, as I uncerutand 22 at, anu wc madu curtain unat wu're taAking coout thu 23 ~camu occuuunt. Tutu uccuuunt nau coen markou au HHC 24 473.
32 1 HR. L1DB7 Thank you.
2 BY llR. JENTES:
3 Q Anc it's a lotter irou !!r. Case and tir. Stello, 8-t-e 4 double 1-o, to Mr. Howell or Consumera Power of December S 6th, 1979 senuing along the cruer moditylug construction 6 puruica.
7 Is the cruer that bugins hero at bucou page 1944, a ano continuou on for a nuuuur of pages arter that, thu 9 Oruer enat you've rusurred to trou true to true?
10 A Yes, utr.
11 0 in tav course of tau cruot itsels tuero'u a tuterencu to 12 somo ractual prouicatus for thu action taken by the llRC 13 in thic Orcer. To wnat exter.t, it at all, wuro you 14 involvca in thu uatters that are relateu in here?
15 A with reupuet to how vau I involycu in the duvalopuunt at lo tuia Grour, uy anuwor would bo that I was not involvec 17 at all.
Ib Q All signt. Lat ou exploro that a little bit oct o in 19 than rogaru. Tnat ir you look'at page 1944, tuere's a 20 returenco to tne invustigation enat nau uoan wauo ano 21 cuat according to tuo cruer ruvualuu a breakuown in 22 qualAcy assurance related to uoll construction 23 activitius; anu thun churu'u a 11ating or tnat Druakuuwr.
24 on pagou one anu over througn gnu rarat nalr of tuu
33 1 secono page. Hau you cuen involveu at all in the 2 investigation ut the quality assurance urvakcown as og 3 the time tuu cruar asuuod?
4 A 1 was not.
I 5 Q It you look over to page two there's a secono tactual 6 predicato scated in the secono Lual paragraph tuerv. It i
7 taats about iteuk ut noncompliance that are ocuccioed in u Appenuta A to tne Cruur. Had you oven involvuu at all 9 in investigating those items of noncoup11ance?
10 A You' re roterring to page two and that's item two, three, 11 ano tour, anu tive?
12 Q !so. 1 8 u sorry. I'm starting in the first tull i
13 paragrapa arter tnw materials you Just referred to down j!
, 14 enero wneru at uaya Thu Atoms og noncompliance i
15 resultiny trou the Huc invwatigation are cascricco in 16 Appencia A to thic cruer. Do you oue that?
17 A Yea, sir.
Id Q Uere you involveu at all in investigating those items ut 19 noncompliance?
20 A 1 wac not involvuo in invustigating tucue 21 noncompliancos. I ucesce involved in ene ASLB Hearing 22 on toutarying on this matter.
23 Q All ragnt. But that cecc Autor tuan ene Cruer?
24 A That la currect.
l 34 1 Q Thuru'u also a returence a laccio bit turthur ou in that 2 uano paragrapa to a usturial talcw stateuent tuat's 3 cascribed more tully in Apponuix B. Had you Down 4 involveu at all in invoutigating that faluu utatement or 5 cnu materiality or it?
6 A At tuiu clue ot thu Oruer, no.
7 Q All right. vnen at you turn uvur to page three chure's 8 a coucription or the intornation that had oven requested 9 under the 50.54; anu then thoto'n a ciscusaron or wuac 10 was cult cy the llRC cu ce anuutticluncluu in the 11 Antornattun cuat nau buen supellud. This was statuu as 12 anutner Icetual proutcate cor thu otuur. by tue time 13 cnu Gruer unterud -- was uncorua in Decemove o4 1979, 14 hau you moue any revivw of the aueguacy or not os the 15 insurmation that nau been cupplied by Conuunura Power in 16 rouponuo to thuce variouu 50.54 requustu?
17 A ay the unu os 1979, nu. But I uid become involveu id latur.
19 Q Onay. I'u 114o cu ask you a lactle uit cure about one 20 cpucatic requuut tcr insurmation iz I can tina it nure.
21 Huru wu atu. l'11 nanu you wuat nau ceun uurkuu au URC 22 201.
23 (Lxhiott NRC Jul; Letter trou 24 L. duuundtuin to S. !!cwull catuu
Y 35 1 9-11-79.)
2 DY HR. JUNTCSI 3 Q This is a lettur stuu ut. aucenutein ot the NRC to Mr.
t 4 liowull cated Septcacer 11, 1979 on the subject of S request tor auuicionaA quality assuranco incoruution.
6 Thia gutu a lictiu ott closur into tno timorramu when 7 you actually became involveu nere. Diu you play any 8 part in ene iguuanew or chiu request ror adultional 9 quailty assurance Antornattun?
10 A At th10 Laue, no. [
11 Q 11 you turn ovur to tuo attachment, wnien 10 Enclosure 12 Onu, there's a retcrence to a 9uppicacntal request nure 13 anu at's denouinaccu question twenty-Lureo; anc cnute's 14 soua latur returences un a nuuuer or occaatonu to this 15 question unu to tnu rubponuu that consuuvro Power maue l l
l 16 to the question. I 17 Did you later have occaulon to review thu -
i l
18 information aupplieu uy Conuuccru Power to tnis queution 19 Juoning auuational inLutmation concerning quaracy 20 auuurancu uuttura? !
21 A 1 an uutu that I nuve roau it. Tue quoction Wau not f 22 generacea oy our uranen anu, craeter ore , I utu not revicw i
23 it or uvaluate it in uutati; aut I'm uure I nave reau !
24 it.
1
36 t 1 Q AAA right. In tuu sut or naturialu on the page you' re 2 looking at at 1964, at talku about du carlier response 3 that Consumers Power hau aaue wnicn thuy ned listed uouc 4 that'tcon duricienciou in U/A. Anu the iull text saiu:
5 'In order to uotorcine the acceptab1Alty or the 6 corrective actiona ror tne thirtuon uericienclus 7 conuluoring the posuit. L Aty that thouc uericienciou aru u or a generic nature that could assoct other atuas of the 9 racility, a uotu compacto unuetotancing or tne root 10 cauue et each duraciuncy is nucousury."
11 ilhun you uugan your worn in eno Pall at 1979 and 12 Decame uoro invulved into tne early part or 1960, old 13 you nave any unducatanuing au to whether or not tuo URC 14 wau concerned acuut generic quality assurance Ib outicluncios at tnu Mauland Plant witn rogaru to soils?
16 UR. LIDBY: Objection: Lack or coundation.
17 Also as to cuading or tne coeuuunt.
18 A I bucano aware througn my interrelativaunap with otner 19 Reviuwuru ano enu Project Manager tnat tuote wau !
20 questions witn respect to a urcakuown 1:1 0/A; jus.
21 Q Diu you nave any unuurstanding au tu how that relatou, 22 it at all, to this Docuuuur 6th,1979 Cruer, unut la URC 23 473, anu that I've uuovou you eacAler? You've tcueneu 24 on a couple et travu.
37 1 A I would hay Uniu is -- thia uocuuent is relatou in thu 2 cunuu unat Dhc is trying to unuurutanu what wunt wrong, 3 wny do we havu the probium with the plant tall, and 4 trying to tracu at cown, anu nome peopio concAucing tnat i
5 it was a breakoown in 0/A. Anu in that sunse those same 6 peoplu were tnu ones cuat wuru being spokun to with 4
7 reupcct to the Ducouuur 6th Oruer, d U lihat vau your unuoratanding au to the escoct or the 9 Decuocer Gun, 1979 Oruur? tihat was it uusigneo to ou es 10 you undwrutocc it?
11 A As I uncerstoco it, saw two Ortices, ottico ci 12 Inupoetion anu Ensorcouent anu the ottice o1 NRR, hau 13 naus a Juuguent on Decupuer 6th, 1979 that cavre waru 14 proolume, whlen rubponses trou the Applicar,t were not 15 auuquate, snat it requitec then to stop canstruction in
, 16 the crea or carthwork 0n0 that is the FAace.nent of till h baI 17 and tnu excavation. Ano uo-the+ ny unuurstanuing aar_
18 tnere are acvural cuasons f or thw O'tuer, and one of the 19 major onco wou to stop constructien, utop carthwork
)
20 construction. There wuro otner <;onultions or tne Oruer.
21 Q ilich regard to the utopping the wartnwork, ciu enat 22 involve, au you unuotutood, al.1 or the renvolgi coals 23 activitius?
24 A Yuu.
38 1 Q Aiter snu remedial boils activities werv haltwo by saw 2 1 RC by thiu Gruer, what happenau witu rugaru to chu 3 activitico os the Corpu and yours=11 in terms of 4 investigating the rouwet.a1 co11u activities and, in 5 ortuct, deciuing wucther or not they coulu go torwaru or 6 not?
7 A The Crows was a daturmination by the people that had a uven most involvou witn the Hiulano ProJoct up till that 9 time. Tue Corps' coming on-coaru and I'm coming 10 un-board anu wnct we're trying to ou tu to access wnst 11 causeu tuo proclum, how extuncivu is it anu wnat au 12 uvang proposuu to tix it. Ano ao we are aware of wnen 13 we're coing that review unat tne Cruer is in extutonce 14 anu we are also aware that Consunwes appealed the Order.
15 Tne cruer acuwas clun' t arrect our work, in ene 16 uungo that we utill had the main obauctivu or reviewing 17 cnu rounuation uus19n anu acauring that waat was going la to ou proposed anc carcieu out in constructson was 19 auuguatw. Anu su it really utun' t aticet our work to a l
20 s19niticant uuyreu.
21 Q At the tiau cuat yvu woru getting involved in this 22 review procuus w1Lu the Carpa, wuru you principally 23 looking at ruu auxiliary uulluing or woru you luuking at 24 all 01 tne aspecte or tau ruuuulal uulis activities?
l l
l
39 1 A We wuru looking at all aLpuutu.
2 g Anc, as you undurutoou it, would you cunctiou all unoso 3 activiticu; what ib involvuu in the reauutal asilo !
4 activitics that you wuru looking at?
5 A Heli, rarut or all, chure wac cnu question 01 what 6 utructures anu conduits are arrected by ene proolon.
7 Anu wo were looking at the explorations anc tuoting that U the Applicant had cono in the latter part of 1970 anu 9 what they were Inuicating with respect to tne other 10 structurus. So at tuut time wo were ausoucing what 11 utructurou are arrected, to wagt extent, ano now what them 12 can Du uuno to rectary that ut tuation and make _tae-vtress 13 stauAe.
14 Q I take it that one or the structurub knut you were 15 looking at was various aupectu of tne auxiliary 16 ouilding?
17 A That la corruct.
10 Q Anu in particular waat parts or thu auxiliary uullding 19 were ycu looking at?
20 A The aux 111ary building ituult nan udjor portionu at 21 catturent rounuation c Auvatione. Tnu uuoper portion or 22 cno main auxiliary uulicing is ucwn on the naturaA 23 lacuattanu cAay anu 91acial c1A4 caturialu. Trie r u a u a i
24 portion, und tout is cnu control tcwur anu ulcetticaA
40 1 penetration arvaa, which uatunu oir tne soutn uno or thw 2 auxiliary buildilig waitch aru scuriuuo on the plant till. ,
3 And so our vitors, sinco we are now zccusing on the t 4 pro 3cct, the plant illi, we' ru looking precominantly at 5 the control tower and thu EPA, out dido lockasig at what 6 hau happened on the part tnat wau un the douper natural 7 uoils. ,
8 Q There's uwen sectimony earlier tnat the electrical 9 penetration area tu ainobt like winga twacning out over 10 tne rall. Iu unat e talt ucuctiption of the CPA? I 11 MR. LIDDY: ouavution: Leauing.
12 A I'vu beatu thu EPA recurreu to as wings. but it'u cy 13 undurutanding enat thw control tower, wnich in connecteu ,
14 to the.doapur portion of the main auxiliary building as 15 structurally connveted to the usin auxiliary bulluing 16 onc extenus out, anu enun tne two SPAS uru connected to 17 the control cower ano extena out noch in vast aria wout !
la utrections.
19 Q Okay. In auuation to the aux 111ary ouiluing eneru'a ,
i 20 ucen reserwnces trou tauc to caso apuut the luolattun ;
21 valve pits. tiow cad sney incorrelatw with tue auxiliary l 22 uulluing? !
t 23 A The zweuwster laulation valve pata, anu tuero are two 91 i i
24 knun at unu two outrualties or thu CPAu, ero structurus
41 1 that are not structurally connectuu to any otnwr 2 utructure alsnougn thuy co nave paping connocciuno, cut 3 they are incupondent structurvu wnich also were foundwo 4 on the uscktail or the plant till.
5 Q Ano for that reason you were also reviewing them?
6 A That la correct.
7 Q Were you alao investigating tne servicu water puup a utructure?
9 A Yes.
10 Q Ano what about the ulesel genuratur ou11cing? I .
11 unuorutanu that uy the time you came on-boagu they were 12 already cortain ruuualai programs uncerway witn regaru 13 to a surcharge. To wnat extent were you involveu in 14 continuing ruview us the CGD7 15 A We were looning at tuu tax enat nau been completed on ,
16 the DGD, which was the surcharging. What we were 17 attempting tu ao wuu to catawiy ourselvuc that the 13 surcharging clo cauno enu Loundation uo110 to 19 conuoltuato ano to Aook at the utiuct that thu 20 uurcharging prograa nau brought onto the DGD.
21 Q In unort, unu luyuen'a terub, woro you looking to ca4u 22 certain that tau surenaryc nac, in tact, gottun tne ao11 23 auriaciuntly coupacteu creer tne tact so snat you weru 24 anu coulu oc conriuunt or chu cuturo caiuty or snut i
i
42 1 utructure?
2 A Yes. He wore looning to maku sure that tne rounaation 3 of the DGB would not tvuult in large uuttawauntu curing 4 yuars or plant uporation. But one of our main concernu 5 was also recognizing that thw DGD bau just uottleu quite 6 a large aucunt us settlement and to try anu ovaluate 7 that tact oc that unctiuuent on an alruody corspluted a structure.
9 Q Hnat, is any, reviuw, uto you unuurstano to enu tank 10 tarm anu way wau tuat a uutter et conuwen, tr at all?
11 A 1 uning you'ru recurring to thu coratuu water utorage 12 tanks, una thuru dru two or unum, one cor unit on'w and 13 one sur unit two, unu they also nau settled larger than 14 anticipateu. Unit two nau cottled conslucraoly note 15 enan unit one. Anu wo were tryang to unuorutand tne lo tupact or thu uuttieuent enat nau occureco anu alau
- 17 unuuratanu wnut ruture uuttleuwnt we coulu expect anu i
l lu wuat coulo that ou to tau utructurus.
19 0 What otuur uut or structuruu? Are tne diesel oil ruel 20 tanku, was thic also a uut or utructure; or a att'accuru, 21 11 ycu will, or a 9scup or structuruu tnat waa unuur 22 revauw oy you unu Lue Corps?
23 A You, uts. aoy
. are not part c: rnu tans rara asuu, tuuy 24 ague I uninr; in unc .uuthuuat portaon ot snu plant anu
43 1 at's a ucties 01 tanxu. Ana, yes, we were looking at 2 their cutticuent behavios and wnat ruture uotticuent 3 couldit}$( experienceN.
4 Q I've,buen looking tor this 11ating at the presentation 5 that was undo in July or 1979 to the llRC by Consuuurs 6 Power tnat's in CPC 386. They also listed the 7 unuergrounu tac 111 tion ror potontial remuoial activity.
U Ubat, as you unuurstouc it, wau involved in that aupuct 9 of tne prebicu?
10 A I woulu inte pret ene unuergrounu cacilitico to be une 11 undergrouna piping wnich woulu incluce the electrical 12 duct banks anu uarety relateu conuuits cuch as for 13 survice water -- piping that woulu carry uurvice water.
14 And uo it wcuiu be any -- any piping or conault unat is 15 sarety relatoo.
16 0 Anu why wau cnia a catter of concern ttou a solla and 17 yeotechnica utanopoint?
18 A It had coun indicatuu baGoc on ene inrormation tnat wau 19 being evolveu that tuu till wau settling unuer its own 20 weignt ano chore was a concurn thab,wncther the pipe 21 enat had ueun burieu in that till wau ueing unitoruly or 22 uitterenciaAly uuttAen to wnere it coulu uu lupvaing 23 stroscou on ene piping.
24 Q Thura'u also cuen some tuuttuony aucut the noco Ior
44 1 dowaturing of the plant site in connection with the 2 reaccial activities. idhy was cewatering uomething that 3 wau involveu in this whole procesu?
4 A Tne exploracions that had ocen completou, the majority 5 of them being in late 1978, hac incicated uone zones of 6 loose sanuu in the till that hau oeca placco at the endhgoarf 7 site. The loose sanuu till under strong eartneerk-8 loading could potentially liquefy. So the dewatering 9 was the Applicant's proposuo reaculal treatment to 10 addreus thoue 100c0 sanus. Anu the purpouu of tne 11 cewatering was to remove the water from the till at cnu 12 locations wheru we had the proclem with looce sonus ao 13 that thoac uanos would not bu suucoptible to 14 11guetection.
15 Q Ultimately clu uniu cowatering program involve the 16 conutruction or ene so-called troeze wall arounu the 17 alte to provice a carrior trea water?
lu llR . LIBDY Oo3ection Leading.
19 A The treeze wall is not part ot tne pcrt .1nent ocwatering 20 systca. Tau rreeze wall is a construction uewatering 21 system that was inutalleu to nanule water during tnc 22 excavation ror the unuer e inning for thu auxiliary 23 uullding.
24 BY LIR. JEI4TOS:
45 1 Q tiow , as you uncerutuod it, was tne dowatering on a 2 pe rmanent caalo to ce nanulco?
3 A There were a seriou of we1[a locateu at tne plant site 4 which would draw uown the Water in those arcas critical 5 to ene loose uancs. And there was a demonstration by 6 the Applicant that thlu coulu be cone. Ana there was 7 actually a large-ucaiu ricic test by the Applicant to 8 demonstrato the adequacy or the permanent cowatering 9 syaten.
10 Q tiow , I've auxou yvu a number of questions aoout the 11 varicua structurcu that were under review in late 1979 12 ano tne early part of 1980 by you ano the Corps. Hau 13 there a request by tne NRC for auditional information to 14 permit the Corps ano tue NRC to aucess these various 15 reuccial soian activities?
16 A To my recollection enerc wau ueveral certen of requeutu 17 that eno Corps proviaeu to us which we f orwardou to tue la Applicant cueking acciclonal information on enouc 19 proposco rixou.
20 0 Ano what was your role in uoveloping or in carrying out 21 thoue requests zur inrormation?
22 A Au the Toennical livnitor tor tuo UNkC Agroenent wita chu 23 Corps, it wau uy job to have tno Corpu auoreus each or i
24 the utructures oy provluing us witu cuear quautionu on
46 1 wnat information tney relt was necesaary to demonutrate 2 the Ilxes there aueguatu. Anu so I closely corroupunued 3 and talked on che tulephone with the Corps in the 4 development oc thoua yuustions, which was ultimately 5 torwarocu to us, anu then uittuately forwarcou to the 6 Applicant.
7 0 How, in duveloping tucue yuustions and requests for 8 acuitional data, were theue data that the Corps and you, 9 as tue Geocochnic nonitor at ene NRC, relt were 10 important to the acuousacnt of the carety aupoets or 11 these remedial utrottu?
12 A You.
13 Q Let no hana you a document wnich nas cuun been marked au 14 URC 215. Coulu you luontity thia uocument tor the 15 recora, picauo.
16 A The date is -- it's very ditticult to read, but I 17 unuerutano it au June 30 th, 1980.
10 Q Yes. That'u correct.
19 A And it la a cocuucut trou A. Schwencor or tnu NBC to J.
20 U. Coog of Concucurs Power Company. Thu uub]cct is 21 requeut Ior auditional inrormation regaruing plant till.
22 Anu unat it in 18 one or the caraler requests or too 23 Corps or Enginecru unat tu coing transmitted to 24 Consumera caning rot inrormation 30 enac they coulu
47 1 proceed with uneir catoty review.
2 Q Anu what part dic you play in developing tne inrormation 3 that's contained in th10 request?
4 A The major part or the reguest is the additional 5 explorations that aro -- acoltional borings that are 6 being asked oy cho Corps. The part that I played in 7 that wau to recognize the Corps was asking zor cnic anb a information,3 in my own minu, to review the bauls zor the 9
M Corps request and f lock at in a general way tne y
10 explorationu that hao alreauy been completed and to 11 deteruine f or my own cult whether I f elt the Corpu' 12 request was reasonaole. Anu I cid that and I supported 13 the Corps' requent. But ausentially the information 14 that la asked zor predominantly came Iron the Corps of 15 Engineera.
16 0 In the opening line of the lutter it talks about earlier 17 requests trom Novembut 19, 1979. Had enere bcun 18 requescu by tne Corps througn the NRC to Consumers zor 19 information cuat cateo back into November, 1979?
20 A To my knowluuser the Corps had not askou sur information 21 au of Noveuber 19tn, 1979. I think it wab otuer 22 Divisions witnin NHC.
23 0 I unceratano.
24 In the uccono caragrapu, it sayu "As noted in our
40 1 'Hequest 37 of Enclosure 1, your position in previous 2 responsco to Requcut S and 35 not to complete acultional 3 explorationu, sampling anu laboratory testing atter 4 preloaoing continues to ce unacceptable to us."
5 Au you unuerstood it, had Consumura taken the 6 position that auditional teuting, explorations and 7 saupling was not necausary?
8 HR. LIDBY Objection Leauing.
9 A It was my unuerstanding, baued on having read previous 10 NRC questAons that we're trying to have the Applicant 11 acconutrate the -- to wnat extent the problem existed 12 and the remeolai taxes. Previous NRC Revieworu had 13 asken ror that inrormacion anu it wau not being complico 14 with by uno Applicant.
15 Q Did Mr. -- excuce me.
16 Dio consumers oppose uno request f or -- let me 17 strike that anu let me start again.
18 lihan position utu Consumers take in responae to the 19 requests for additional inrormation that's rerlected in 20 NRC 2157 21 A The Applicant appealeu to URC's Management thiu request-22 ror acuational inrormation, which incluuou taking or uno 23 boringa anu perivraing laboratory testing.
24 Q Anu in connection witn tnat appeal old Conuumero tako
49 1 the poultion tnat the additional explorations ano 2 boringu, et cetera, unoulu or abould not be taken?
3 A They indicated that unuy felt une borings and testing 4 nood not oc coupleted, and did not plan to uo uo.
5 Q Let me hand you what has been markec au NRC 313. Can 6 you identliy tais occument ror the recoru?
7 A The document is a summary of an Appeals Heeting enat U cook place on Auguut 29, 1980 at the tiidland, Hachigan 9 ottice of Conuuuuru Power Coupany. What it wau, it was 10 a ueoting between the Stait, Consumeru, anu llRC 11 Ilanagement whero 1;RC Hanagement listened to the baues 12 ror Conuumors' appeal or not taxing tno corings. The 13 document, as I uncurutand, nua been written by Darl 11o00 14 Hood, the Project 11anager.
15 0 Were you preuent at this neuting or the serieu of 16 ucotings of the so-called Appeals Heetings?
17 A You, I wau.
la y Ana cru you have -- have you previouuly reviewed Mr.
19 Hooa'u summary of wnat nappuned at enc ucoting?
20 A You.
21 Q Anu does it accurateAy retlect wnat you recall happening 22 curing tnoue ueutinga?
23 A It docu.
24 Q I'u 11xu to aun you a couple or yucations about some or
50 1 ene thingu that old nappen. Turning ficut to the first 2 page, I woncer if you could explain a little ott raore 3 what was involved in the appeal. Tnere cecus to oc a 4 rumorence hero to un appeal to tne Director or S Engineering and the Ascistant Director of Components anu 6 Structureo Engineuring.
7 What was tne nature of tne appeal proccus?
8 A Well, the Statt in the previous cocument, which is 9 icentitiud as unc 215, nad gotten to wheru eney hau 10 specifically 19eated borings for the Applicant to 11 couplete, anc had inoicated tnat thuy woulo De provioing 12 incor -- acultional inror:ction f?tnetestingofthouc s6mple$,tnat (69VVN 13 woulu ce re-crr rca e in those oor2.ngs. So 14 the Statt had taken ene poultion that auditional boringu 15 are requiccu. Tne Appilcant after receipt of this 16 cocument appealed to thu NRC]Dhq[ not to do thin work.
17 Ano this muuting on August 29tn was the the turther la attempt Dy UllC's Management to underutanu thu reasons 19 for not outny tnat worn.
20 Q It's a little olt out og orcer apparently ac to what 21 happenou ouring the meeting, uut let me ash you to turn 22 over to pago three or enu aucuaunt. Theru'u a returonce 23 here to tue Starr pracontation anu unu uebeription 24 utartu out witn Docuvr Duller apparently maxin9 a cort t . _ - - _ -. _ _ _
51 1 or an overview procentation on behalf of the Starr. Is 2 tna t correct?
3 A That is correct.
4 Q What exactly was Mr. -- or Doctor Heller's poultion and 5 how diu he interrelate with you?
6 A Doctor Heller lu my Supurviuor. Doctor fieller is the 7 Section Leader or the Guutecnnical Engineering Section.
8 Q Af ter he made his overview presuntation apparently you 9 mado a presentation in which I gather you explaincu wny 10 you relt that various explorations and borings had to ou 11 uncertaken. Ia that correcc?
12 A It would have to ce recugnized that it was a very crief 13 presentation. I thinK Cno earlier page suuntiflou the 14 limits chat wou given to tne Scaft anc to tne Applicant, 15 anu tne presentation la being taxon to NRR Management 16 and also the public that wau there. But it wuc agreed 17 to outorchano that our presentation woulu ce very 13 limited since wo did have accusa to our Management alter 19 this meeting. Anu uo our presentation wou very urlet.
20 0 Hau you had a set or meetings with the Consuuers Power 21 people in advance or tnia to explain your position? I'm 22 upeaking about Mr. Kane'u position aucut these -- ene 23 need ror these ooringu?
24 A Yes. I'm not cure it it's a cut or uuetings. I enink
52 1 there was only one tormal meeting, I think, which was in 2 July.
3 Q Without getting into tuo much cetail, l'u wonuering ti 4 you could explain tur the record here why you were S inteceuteu in additional coringu anu explorations in G conjunction with the auxiliary building and the uurvice 7 water pump structure bulloing?
O A The proposal at thin time for the auxiliary ouiluing, to 9 my understanding, wac still cne caissona at the 10 extremities of the EPA. The Corps anu myselt hau looked 11 at the Angormation that was ava11aule at tuu cepthu that 12 chose caloconu woulu be extending to ano it was felt wo 13 neeuco acuitional infocuation to cumonotrate ene 14 aueguacy ot tne caluacn oeuign; there you would oo Q
15 looking for such things the bearing capacity of the 16 caiusons ano the anticipateu ucctiements. Anu so those 17 oorings -- those coring locations chocon by the Corpa lu were inconced to give us tne intoruation tor the calccon 19 cucign ot the auxiliary nulloing.
20 With roupoet to tue cervice water puup structure, 21 there weru uoac borings that wero luontiriuu au oeing 22 neeuco there in recognition or the rumoulal rix that was 23 ueing proposou by thu Applicant in that arca.
24 0 By the true c: tnu sucuer or 19eo, nad you and the Corpo
53 1 begun to ouvulop any concurnu about the caisuon 2 proposai?
oRfR 3 A Tne concerns that were buA ng developea ; gas'to look at 4 what inrormation had been provlued with respect to the 5 caisson cucign. And it was our unuerstancing it was 6 more or tne conceptual nature that thuy were going to 7 put caisuon in, anu we were attempting to get the uore d specific coundation uenign uopecto or, you know, wnat 9 are you uuing in the way of bearing capacity design, 10 what uottlenents are you expecting.
11 So our questions, the roguesta cor the boringu were 12 all going artur uuru speeltic cusign Indornation.
13 0 We've been going ror auout an nour anu a nait now, woulu 14 it be well to take a uruan?
15 A It's cine with me.
16 UR. JENTES: Okay. Why oon' t we go ort the 17 recoro.
l 18 VIDEO OPERATOR: Stopping cotn tapou.
l l 19 (Brlut recosa taken.)
20 VIDEO OPERATous osay. Starting the recorders 21 now. And wu are now recoruing.
( 22 BY un. JuiTES:
23 Q Ur. 1;une, cauk on the recora, anu recurring to NRC 313,
! 24 ene cunnary or the AppuaAs Hecting: Oncu again, let ac l.
54 1 aSk you, if you will, to turn oVer to the tourth page 2 wnere there's a reseronce to come questions coing auked 3 oy Meuses. Vollmer and Knight up near the top. And, oh, 4 about halfway through the second paragraph it states 5 that 11r. Vollmer noted "that the scatt's requeutu were 6 intended co provice Ior expedient resolution of the 7 proolema". Lut me stop there ror a moment.
8 As you unacruccod it, were the Start's requests 9 intenaud to provice tot expeoient resolution or the 10 probleau au tir. Vo11aer indicateu?
11 A Yes, sir.
12 Q uad you rece2ved any sencral instructions from your 13 uuperiors that you were to procuea expeditioubly witn 14 the review or the untire remedial errort?
15 A Hot apucific to me. I tnink wnst lu ceing recogniaco is 16 tnat the Midland Plant in uncur construction, there is 17 pr.usently an order stopping curtain aupectu or la construction, and we wuro uuing uncouraged to know what 19 tne probleco were una to worx zor a resolution to 20 provice a saru structure. Tnat is the intent or the 21 expedient, I thans.
22 Q Are you aule to state on your execticace anu working on 23 ene M1olana Pro 3cet, unutner you anc tht- Corps procuccou 24 expeditiously to tuview with your review ano tne
1 1
l l
. 55 1 analysis or une data that you receivuu?
2 A I think wo dia. Anu pochapu uore than ror other 3 atructurcu. I know the Corpu anu myault have spent a 4 lot of time trying to accouncoate the Applicant's 5 ochucule; particularly curing ene ASLB Hearings wuere 6 thero were coveral times where it was inu1cated that a 7 certain utructure would be covered in the ASLD Hearing 8 anc bucause something woulu come up that contlicted with 9
the conutruction schocule)the Staf t would accoamocate 10 Conauueru' scuenoduling or the Hearing. Anu we were 11 attempting to work ror an expeaient and sato resolution.
12 0 autograng once again to !!r. Vollmor's comuenta that I 13 aukou you about a mcment ago, the report goes on to 14 statu tnat lr. Vollmer "noted that he was nouewhat 15 surpriuuu at consumers' attitude toward not supplying 16 adcational tecnnical inrormation".
17 Here you avuuwhat surprisco at Consumuru' attituou la in this regaru?
19 A Yeu, cir.
20 Q Anu wny?
21 A Becauco unat was ouang ackou cor, in my entamation, was 22 reasonaule, normal inturnation wnica wnun it woulu be 23 obtaineu anu covelopeo anu evaluatuu coulu -- coulu leaa 24 to a tull resolution. Anu it waa ultricult to
=
A
56 1 .understana way enere were oojections to this particular 2 program that was being asked.
~
3 Q Ir you'll turn cack to page two or tne memoranuun, 4 there's a reference to a presentation on benair or 5 Consuuers Power ana various of its consultantu; ano one 6 of enoce is Doctor lienurun. 11ad you nad any coalings 7 with Doctor llenaron prior to this particular occasion?
8 A lilth respect to the titulana Project?
9 0 Yas.
10 A Lo.
11 Q Excuse .au. 'Jo aheau.
12 A I scia, nu, uut we're now talking about the Augusc 29tn 13 meucing anw I'm not sure Doctor llendron was not ut the 14 appeals or a meeting that preceued tnis one on July 15 31st. So I uay nave cuen -- it was either July 31st or 16 unia meeting that I rirst recall boing relatou to tne 17 111dianc Project witn Dcccor Hencron.
la Q Did you have subsequent Rectings wita Doctor liunocon 19 aucut ene M1olano Project?
20 A Yes, Gir.
21 Q Anu on now uany occasions roughly?
22 A noot or it was relateu to tne IIcaring process to wnere 23 ne woula provice toucinony and present it at tue Hearing 24 anu URC woulu ce respunoing to enat teutimony.
57 1 0 Diu you ever have any coalinyu witn the Hocowarc-Clydo --
2 cn a t ' s C-1-y-u-o -~ Consultantu group tnat had been 3 recalnou by -- well, I'm not uuro whether it was 4 Consumoru or Becatel, in connection witu the Hiuland S Project.
6 A Attur Conuunero macc cau uuclulun to go aheau with enc 7 borings, they had retaincu tioouwarc-Clyue as the tira a who woulu ao tne laooratory toaning. I became involvec 9 with Weouwaro-Clyuu at that time.
10 Q Diu you ever meet a Hr. H. H. Horn or that organlaation 11 as the tiocuwaru-Clyce occjant.aation?
12 A The name tu not rau111ar. ,
13 g Let au nanu you a cucuaunt which hau been uarkea au llCL 14 3. Diu you uuo unia uucuuent back at enu time it wau 15 preparuu in haren or 1981?
16 A I clo not.
17 0 Did you see it at any tico prior tu tnu tiac cnat a copy 16 or tac uocument was suppliou to you in anticipation or 19 your ccutiouny nero couay?
20 A I clo not.
(
21 g Dio you nave a enance to reau througn caiu aemoranuuu in 22 anticipativn or your toutAmony heru touay't 23 A I clu rucu at, you.
24 y Tnia returu to uu.au -- a conversation or uoro tnan --
[:
SU 1 uore than one, pousluly, between Mr. Horn anu Doctor 2 Hencron witn rugard to the campling anu corings that 3 were being taken or proposeu to ue taken at the Miuland 4- Project. And up on the seconu paragraph, it says: "I 5 also told Skip" -- cercering to hencron - "that we did 6 not want to derine tac utratigrapny --
7 A S tr atig r aphy.
8 g -- with utanuard penocration tout tor tear that One NRC 9 woulu then beat un to cuath with the results or these 10 toutu, perico. !!u agreea anu inoicateu unat they 11 alreauy nave trouale with the li-valuca coturuined in the 12 carlier cet or outingu."
13 Wore you ever ouviseu that tunge had ouen a 14 converuation between nr. Iluncron anu Mr. !!orn along ene 15 linau or wnat's re:Aucted in caiu particular report?
16 HR. LIDOY Oujection: Louuing. Anu also 17 again reauing the occument into the record.
10 A I was not aware prior to having recolveu this cocumunc.
19 And I thing I reau it ror the rirut taue tnia saturuay --
20 talu past Saturoay. I was not aware tnat tuiu 21 conversation took videu.
22 bY MR. JEDTud:
23 Q iihether in re9aru to ruaulng tne coeuuunt or 24 Indepenuently or unu cocuaunt, hac you ouun auviuco enat
59 1 Woouwaru-Clyou wau naving trouole with the N-values 2 cetermined in the corings?
3 HR. LIDBY Objection: Hisleading. It's also 4 loading.
5 A 1 -- I do not underutanc this lector to say that 6 Woodwaru-Clyce was having trouole with the U-valucu. In 7 tnat what I woulu inturpret tala to be that perhaps d Doctor Hunuron, boucu on his experience witn tne Hiulanu 9 Project, tu indicating tney have had troubles wicu the 10 n-values in ene past.
11 1 woulu like to say a low couments about tulu.
12 What is buing indicatou hurc la that -- tnat there 13 la a rear or provluing scuults to enc URC with respect 14 to a standarc test, a stancaru penuttation tout. The 15 cent is viaely accuptco by the engincuring prorcualon.
16 Tne tout wau widely used by concunces througnout tne 17 deuign of Hiulanu. The cust is one or the major naues la Consumurs unca to cemonstrate adequacy about l
19 liquetaction. So it'u cata engineers wiuoly uso, it's 20 not uouutning tho Mhc nau devicou. And now ic au being i
1 21 questionou au udC wouAo ucat soaeone to coatn with it.
22 I thins it rerlects a very cau attituue on tue peruun 23 wno wouac inuicatu uniu; in tne sence tnat wnat Nhc j 24 would be looking tur would oe tactual udta using a l
l
(
60 1 standara test anu, uauud on those tect rehDieu, making 2 certain cecisions. I con' t uncorutand why anyone woulu 3 not want to run the utanuard costs and ce f aced witn the 4 results.
5 Q The regerence here to ll-values, what, as you unuurstand 6 it, is an li-value?
7 A In the scanuarc penetration tect, a utanoaro uizo upcon a uaupler, which is an open tuce with a Ghou that Litu on 9 the cottom of the tube, au criven into tne grounc anu 10 wnile it zu ceing driven the olow counta or a stanuarc 11 nammer as it torces cnto upoon caupler to penetrate cnu ;
12 soil is counted. The ojow counts ara countou for a root 13 of penceration, tuen unot olew count cor that root oi 14 ponceration aan a utgnificance to u0:10 anu foundation 15 ongineers in cuac at is a accouru cf the strengtn ano 16 the compressability or che soil. It is a rough 17 approximation but it la un indicator wnich you would uuo ld to deciae wnat rurthur touting woulo be nuceuuary.
10 Q Returning to the Appeala !!ceting tnat occurreu or August 20 j 29, 1980 and turning over to the courtu and fifth pagoa 21 or tnat couvranuuu that's NRC 313, there's a returence 22 to the deciulon down near the auttcu 01 pago cour.
i l 23 Dous tne report here in Mr.1100c's uumoranuun l
l 24 accurately rutlect the uccialon tnat was announceu at l
h
El 1 least au of the concluulon of tne meeting on tne 29th or 2 August?
3 A To my recollection, it uoeu accurately retlect tuat 4 decluion.
$ Q Aitur the nuccing, cid the NRC continue to press for the 6 auc1tional soils uuring cata and other exploration 7 activities or not?
U A The Minuteu of the uueting indicato that one development 9 that occurred at the Appeals Meetiny was an indication 10 by Consumers tnat they had aduational corings in the 11 areau that we were auking for aucitional borings; anu so 12 tnose boring lugu Wore pcesanted to the Corpu anc to W til 13 uyueir. And tney*se reviewec anc on tno basia of the 14 information chore was a cociulon cade to reviec the 15 original proposed boring plan. Anu ao it's my 16 recollection that that oevelopuent occurreo after this 17 meeting -- August 29th, uueting.
la Q Let au hano you wnat hau ceen marxec as NHC 291 and 19 cuyue it will help retroun your ruco11cetion au to the 20 cruing on talu later uovelopment.
21 (Exniutt URC 291; Lottor croa 22 a. Tedesco to J.W. Cook acted 23 1-6-01.)
24 DY 11R. JENTZ
62 1 Q Taiu appuars to be a letter trom Mr. Teuuaco of the NRC 2 to Mr. J. W. Cook of January 8 tn,1961. Are you 3 ramiliar with tnis lettur und the attachuent?
4 A Yes. I am tamiliar with it.
5 Q Anu coes this help cerruuh your recollection with regard 6 to what happened in terau or the position caRon oy the 7 NRC concerning adultlunal solla borings and teuting?
8 A It occa terruun ny uuuory. Anu wnat I unaerstano it to 9 ce lu tne deciolon tuut was nace oy MRC Ilanagement 10 rolicwing ene appeal nuuting of what acuicional Duringu 11 and testing nac to be pertoruco., Anu so uniu iu the one 12 that was ultimately reticcting the ucciulon or NRC 13 Managemunt ano, to uy knowleagu, the one that was 14 ultimately accepted oy consumeru.
15 Q in that rugaru cid Consumeru ultimately accide to go 16 aneau with the borings, at least in tne coultied format 17 that are retiucteu in Mr. Todcuco's letter that zu NRC 18 291?
19 A To my knowluogo, it la une progran that Consumuru 20 tollowou. I also recaA1 that churo may be moatiacationo 21 that were acceptable to tne Starr -- to thu Start that 22 were ultimate 4y propocou cy concuuurs un enic prograa.
23 Q Ckay. Lac uu hunu you what nau uuon uarkuu au unc 300, 24 wnich appearu co ou a uuuoranuuu preparca uy Mr. Hoou on
~
63 1 March 13, 1981. Have you ever uvun this cocuuent 2 uetoro? tiell, 1 guous you're unown au a caroon copy.
3 Dio you get a carbon copy of it?
4 A You.
5 0 Ana were you auviseu by this memoranuua that enere had 6 ceen a telephone conversation octwoon Consumeru Power 7 anu ur. Hoou ano ochoru at tue NaC in whien Mr. Cook hau u autnotizou or notified the URC that he had authorized 9 ene various borings ano exploration anu tuscing plans to 10 go torwarc as la inuicated in the opening paragrapn, 11 numbered one, or this accoranuum? ;
12 A This docunent lu the formal way that I caue to know that 13 Consumers had agreed to oc tnw Doringu; you.
14 Q Anu were thouu uoringo ultimately done?
15 A Yea.
16 Q And dio you ano the Corps have an opportunity ultimately 17 to review the oorings?
18 A I ciu not personally. Uu muue arrangementa with 19 Consumorn to have a representative trou the Corpu or 20 Engincora at enc ulte while encao uorings were being 21 mace.
22 Q Anu ultimately did you have -- nave un opportunity to 23 review the reuulta ut tuo variouu analyucs 01 cnosu 24 uoringu?
64 1 A Yes.
2 Q Dio thero comu a time when conouuuru ultimately deciced 3 that it woula -- well, let me witndraw enat quoution.
4 Sometamo after tne oorings were authorized to yo --
5 to 90 forwara, in the early part of 1981, dio Consumers 6 take any action with regaru to the caluson propoual zur 7 the fix of the aux 111ary bu11cing?
8 A Do I underutand your yucution to say dic they do 9 enytning with reupcet to tuu caisson cecign prior to 10 March 1901?
11 0 No. Hy question was wnat ultinately happened to the 1?. caisson fix?
13 A Concuners changcu tuult ceuign to where instead of 14 calauons enuy went to a uncorpinning wall wh2cn was 15 unuer the untaru EPAc and control towor.
16 Ita. JENTES: Let me 90 ori the record tor a 17 coment at this point.
18 VIDEO OPERATOR: Stopping tne tapeu.
. 19 (Drict clacuauton holu ott the record.)
20 VIDEO OPERATOR: Now recording.
21 3Y !!R. JEhTES:
22 Q Mr. Xano, lut uu auk you to taxo a look onco again to i
23 tiRC 301.1. Tha t' u tau tuutineny that you and Mr. !!vod 24 anu Hr. Singn gavu cack in Docuc.uer or 1901. I coturred
65 1 you to it early on anu I'u like to direct your attention 2 - over to page eleven ut that, only to nelp rutruch your 3 recollection a little Dit, perhaps, aoout some cateu.
4 By looking at ru 9o eleven anu twelve, are you ablu 5 to state when Conuuucru deciued to crop the catuson fix 6 for the auxiliary uuiluing?
7 A Prou the cocument tnut I havu it would appear enat it a wau being incicated in a aceting on May 5th, 1961 that 9 the calusona were ouing croppuo uno a new recedial 10 cethou tor the EPA was being propoued.
11 Q Prior to !!ay or 1981, nau you, onu along witn the Corps 12 or Engineeru, convoyuu to Consuucru various prouacas 13 that you saw with enu caiucon proposal ano hau you cono 14 that through actual reportu that vero lucucu on behair 15 or the Corpo or Lngineuru?
16 A Yeu. In the cunuu that the probicou enat you uignt ce 17 referring to are uuuign considorations enat you woulo
. la necu to race ror tuu calucon propouod schecu. Ano ao 19 the Corps diu iuuntity questiono, anu l'm sairly certain 20 cnere were cootingu wnere the Corpu convoyed to chu 21 Applicant concurns apuut the uenign au propocou ror thu 22 carusona, 23 y Horu unouu concerns enat wuro expresueu to Conuuners 24 conu An the coutuu or chia review process that thu Corpo
,,s, _, , . - - - - - , . , , w-., n , ----, ,
66 1 was going on witn, I guess, roughly trom tue enu of 1979 2 and on into 1980, ano into tne early part or 19017 3 A Yes. It won part or tnat procucu.
4 Q Lot oc nanu you wnat nau bean marned as URC 303 -- and 5 you uignt want to neup that otner testluony hanuy -- and 6 COE 10.1, and ask you wnetner you can identary theue as 7 two of the written reports tnat wore prepared by too 8 Corps or Engineers cetting fortn tacir concernu ano 9 udditional inquirieu concerning the catacon tix 10 propoual.
11 hR. LIDbY: Co3cction. Hiuleaarny and 12 miucnaracterization.
13 UR. vENTES: Let ue try to cure that 14 ouguetion.
15 BY MR. JEUTES:
16 g Let me audress rirut URC 303. Can you identity what 17 that occuuent 107 lo (Exnibit COE 10.1; Document from 19 A. Schwenecs to J. Cook dated 20 8-4-80.)
21 A It 13 a uocunont t rou tau dhC, A. Senwencor, to J. 11.
22 Coon of Conuunues cated Auguut 4th, 1900. And tne 23 uubjuct au tranualttal or tne Corpo ot Engineers report 24 anu cne request. ror aduational intormation on plant q , - , - - , , z - - - - - - , -
.g --.- - , - - ~ - - - ---,--.---w
)
67 A till. What the enclosure is zu a copy of a lotter that 2 NRC hao receivec trou the Corp 9 or Enginecru witn 3 roupect to their review ettorts tot the Hiclana Project.
4 Tnis -- theue questions were being passed on to thu 5 Applicant ror responou anu resolution.
6 BY HR. JENTES:
7 Q Earlier you mentioneo that tnere were meetings between 8 the Corps, and the NRC, and the Applicant, namely, 9 Consumers, to ciucuuu enuse various concerns. Did you 10 participate in chuce ueetings wnun the Corps got 11 together with the CP puople?
12 A Yes.
13 g Directing your attontion over to tne attaennent to URC 14 303, which is tnis uenorancum trou the Corps enat's 15 usted July ?, 1900. I noticed that ir you look down on 16 tne circe page or the cuport, that startu in paragrapn 17 cnroe, talks about a listing or specitic problemu in la review or H1olano unica one anu two follows cor Category 19 I structuren. Tuo iuuuca are unrecoivoc in acny 20 instances because ut inaccquato or alsaing inrormation.
21 And thun cuore's a laating ot itenu A, B, C, D, et 22 cotora, acout various concerna.
23 During tau acutinga that you attenuou, wore tocou 24 lac 4 ot iniormation or ciucrupuncieu or unas ago
)
68 1 duccribud nere au inocoquate presentation, were those 2 gone over with Consumeru Power and ita consultants?
3 MR. LIDBY Objections Loauing.
4 A In the meetingu, uno Corps would -- would expreso tneir 5 rindings of their ruview as or tnat tiuc. And I know 6 the Corps on coveral occasiona nad raiuuc concern with 7 the propping up eno EPA witn the caissons ana hau asked a queutions such as havo you looked at what tno aduational 9 loac on the control tower la going to co. And so the I
10 Corpu nad exprescou encsc, but not to tnu conciueneus or 11 Enw complutenesa enat are in thuhe -- unoue Exhibits 12 cnat you nave given ue. Tnis la the torma11:ation or 13 the Corpo' rev10w.
14 0 Gkay. You mentionou au one exampio the proulou of the 15 placing, I tako it, acced burdens on the control tower 16 in connection with unu calusun propoual. Coulo you 17 explain in a little ouro occall what wau involveu, or 10 why was cnic a matter of concern?
19 A The caisson propobuo uusign wou putting auced uupport at 20 the extruulties or the CPA, becauue of tne plant r111 21 proulcu that hau uuun ahown to uxist by the oorings 22 unuur thi EPA. Wo1A, it wou recogniacu tnat woun tnAu 23 uupport wau placuu at tuo extrealtieu it wou recconaole 24 cnat auuttlunal support woulo enen bo tranuterruu to thu
1 69 1 control tower. There was one boring in the control 2 tower that hao chown a void whien had ueen taken in late 3 1970, ano the question was oeveloping: Ir you're 4 putting adciclonal load on the control tower, have you 5 looxec at whether that additional loau can be safely 6 carriac by the control tower?
7 Q I was trying to rinu quickly -- and I'm not going to be 6 ablu to cu it -- the presentation enat hau been uude to 9 the imC back in July of 1979. And I showed it to you 10 carlier. Attachua to that presentation was a grapn that 11 anowed the resultu or various boringo in enu control 12 arca anu analyzeu variouc deficienclos one way or 13 another in thoue borings. By tac ulaulu of 1980 hau you 14 and the members of tnw Corpu bogun to evaluato anu loog 15 note carcrully at some of tne borings witn regard to the 16 control tower?
17 A Yes.
16 0 And nao you, as a ruuuAt or enat analyulu, como up wita 19 any concerna aucut tne acequacy or the uo11s under tue 20 control tower?
21 !!R. LIDBY Ob]octions Auuiguouu.
22 A Yuc. To cho extunt that I nau previoucly mentionou, in 23 that we woru now aware or tuu boringu unat were taken in l
24 late 197a that had Anu1catud loosu sanus, cort claya anc l
y
. 70 1 the void under the auxiliary -- excuse Me, uncer the 2 control towor. And uo in recognition of the counuation 3 inrormation that had been presentua by the Applicant, we 4 woro now concerned how unube were going to be addressed 5 by the remedial rixou tnat wc were attempting to reach 6 agreument on.
7 Q Let me next ask you to turn to COS 10.1, which I handed 8 you a moment ago. I'm woncoring if you could icentity 9 that cocument f or the record.
10 A Thu cocuucnt la datuu 16, April,1981. And it la a 11 uocument tron the Corps or Engincurs to Guorgo Lect of 12 the NHC. And what it la iu a follow-up by the Corps to 13 guestions that utill exiut with scupect to enc cirreront 14 utructurco that the Corps is presently reviewing at talu 15 time.
16 Q Was this another one os the reports that nad been luuuod 17 oy the Corpo ano snat wau trancultted to Consumers Power 1d anu clocuuseu with it?
i 19 A You.
20 Q 11 you loon over -- Act's ueo li I can mind tuo right 21 pa9u. I builuve it's pagu uuven or thu report eno Datcu 22 Luubor 1420. Does that contain thu discusatun ur uomo 23 of chu proolema tnat tuu Corpo rucognagou witn regaru to 24 cno auxiliary uutiaing, the cloctrical penutration arcau
> 71 1 and the tocowater isolation valvu pits? I guono that 2 uiucussion continues thun on over through a couple of 3 pagen -- and I now reali;w page nine is apparently i 4 missing.
5 Iu it miusing irou your copy as well?
6 A It is. Yeo.
7 Q Okay. Well, we'll uncertake to get the tuli set ut 8 cocuments in huru before we get this thing finalisco.
9 But, in any event, occa the unterialu that begin at 10 page seven, do thoso contain tno more autailed analysis 11 of the Corps regaroing the auxiliary building anu epa 12 tax?
13 A It uona contaan the Corpa or Engineeru' evaluation of J
14 the taxes as they exist at thin time anu the Corpo' 15 questionu witn respect to those rixes, yes.
16 0 I noticed that enuco's a retorenco in tuo opening lino 17 or the Corps' report to Amenuuunt 65 to tne operating 16 licence request. Anu in that regaro lot me nan:4 you 19 wnat uaa uuen carned as CPC 1106.1. Is enat toe 20 Amenument 85 tuac's rulerreo to?
21 A I woulu like to take time to 2004 at tnis docuacnt 22 O All right. Why don' t we go oir tne recuru anu let you 23 I nave a chance to look at it.
24 VIDEO GPERnTOlu Stopping tne tai.eu. l'a
72 1 corry. Let me Just go back on a cocona. This woulu be 2 a good tiac to change uno tapu anu we uitply nueu to 3 announce this au une una of tapu one tor chia 4 ceposition.
5 (Belur Locuss taken.)
6 (ExnALit CPC 1106.1; Auenuount us 7 transmitted oy letter of J. Cook o tu D. Eluennut oatuu 11-21-80.)
9 11R , JE14TES : Okay. Reacy to gut oack on?
10 A Yus.
11 V1DC0 OPEllATOR: He are now recording. Thia 12 lu the beginning of tapo :-wo.
13 BY 213. JEliTES:
14 Q While we've buon ott the recoro, !!r. Kanc, nuvo you nau 15 a chance to review CPC 1106.1 anu can you now iuentliy 16 tuat au the Amununent 85 enat's recurreu to in uno 17 Corpu' report?
14 A Yes. I can inoicate cnat CPC 1106.1 la Amenouent 85 19 wnich la torcered to in enu corps' report.
20 Q It's rererred to as an Acencuent to the Company's 21 application for conutruction permitu anu operacing 22 licenceu. Why wou it neecusary ror tuo Applicant, CP, 23 to prui.aru uuca an Auenument?
r 24 A The Icecon wo are seccing ALunuuenta are une uusi 9n au I
73 1 changing witn ecupect to -- to previous ovcuuuntu 2 turnluncu by cho Applicant to the NRC. And what tno 3 Applicant zu attempting to do with theuc Amunumentu au 4 upuuta tuu requireu aucuuuntu at NRC with the latest 5 Information.
6 Q And then uoving to COE 10.1, wnich you identitieu 7 carlier au the Corps' report or April 16, 1961, was tnat 8 the corpu' analyuiu of uniu latest Amoncuont 057 9 A I aon't real tuu Corps' lutter uateu 16th or April would 10 be reutricted just to Amuncment US , out it woulu 11 uncoupass Auunument us.
12 O ticw, airceting your attention cacx to the preparou 13 tuutamony tnat you, unu Mr. Hoou, and tit. Singa gave in 14 December or 1901, taat' u NRC 301.1. And, in particular, 1S looking over at pageu thirtuun and tourteen, to save 16 souc tiuo, in tuu uut of materialu that are contained on 17 those payou unuct paragrapn ones Doeu enat summarise 18 accurately the couuunts that une Corpu hau on tne 19 caluuon proposal tnat nao cuen tarut put turwaru by CP 20 in July or 19797 21 hh. LIBLY: Excuse me. Can you give ao a pago 22 nuuocr? I'm loct.
23 tiR. JLUTCS You. It'a payou unirteen anu 24 tourteen.
74 1 tut. LIDDY3 Tnank you.
2 A Pages tnarteen and tourtuun uo cuamari u the Corpc' 3 estortu with respect to the auxiliary Dulluing acu19ns 4 at the tiuo enat thiu contimony wau preparco. It's my S recollevelon that tueue upcciric answers nave ucen 6 prepared by the Corps or En9 1neoru Kor input into thau 7 testimony.
B BY lut. JEhTES:
9 Q I'd like to ask you a couple or questionu acuut the 10 concents nure. Uncur Ituu one, C, eneru's talk aucut 11 the ability or tuo control tower to sately carry the 12 aduatior.a1 load, et coteca. In that the concern that 13 you talkuu about a littlu bit earlier cocay in your 14 testimony?
15 A Yea, it lu.
16 Q in Item D, thu prior one, cnure's discuwulon about the 17 soil paraceturo, anu a returence to sucar utrength or 18 mill catorials anu glacial till. In laymen's torus, 19 what'u enc proulem tneru?
20 A In the deuign or the caiucunu, the caicsunu get tnuir 21 uupport acility grau bearing on tue glacial till 22 materials, anu wuat tne Corps la inuicating beru is that 23 the properties tnat you wcula nueu ror propor design or 24 the catasons was not turnichua.
A 75 l
1 1 0 Turning bacs even rurthcr tv Item One A, enere'u a 2 romeronce to "cuo uuu19n Antormation about calauons wau 3 inauequato". Anu then it ulacusses certain iteau that ;
4 were not provluud.
5 Was an explanation given to tne NRC du to why thia 6 information was not proviuca that'u screcruc to in One 7 A, uno also in One u?
8 A To my knowleuge no expAanation was given. What the 9 Corps was doing was couponding to the information enat 10 nau cuen given in luuntitying the part that wau not yot 11 given.
12 Q Now, earlier you testizied that on llay 15 or '81 13 consumuru occiaeu to comw up with a -- another propocud 14 tax. Hau there an explanation given to the NHC at that 15 time an a why N -- Lne Consumers Power people nad 16 accioeu tu urop eno caisson fix?
1 17 A I uon't think encru was a detallou explanation given.
18 There may have been gwnural atatementu about in tne 19 aovelopuunt of cne coutyn it was nucasuary to maku tnia 20 cnango, out I don' t recall any tormal explanation bcIng 21 given.
22 g Wau churu any Anuication one way or tnc otner uy the 23 Conauueru Power peopic that tuuy nau come to agrou or to 24 accept some or the concurns that nad oven statou to cneu
1 76 1 by the Corps anc by the NRC?
2 A I do not recall any uuca Ltatemenen irca Consuuers where 3 tauy had concludeo uney hau come to agrew with the 4 Corps' concerns.
5 Q Wero you present when Consumers came forwaru witu 6 alternato proposala ror ucaling with thu auxiliary 7 cu11 ding in May of 19017 8 A I wuu involvcc in these uuotingu anu the process or the 9 reviuions; you.
10 Q Okay. Let me hand you what hau uoen uarkco ao CPC 11 11 anu auk you it you can identliy this occunent.
12 Maybe I snoulo back-up ficut. Anu, that 10, ulo 13 you ever uee enia particular uocument which appears to 14 ou a net or Minutu noteo prepared by Mr. Thiruvengauan 15 concerning cuetings on May 5, 6 ano 7, 1901? Dio you 16 ever have a enance to uuu thoue uack at the time they 17 were preparcu?
la A l'a not certain wnether I caw all eniu cocumunt. I may 19 have, cut I do not recall.
20 0 All riynt. In any event, by icoking at that uocuncut 21 anu aluo uy resurring over to the preparco toutimony 22 th at I aakud you to locs at on a couple or occablona, 23 pagou cloven anu twelve, can you ocucciou what your 24 underutancing was et the rix that was proposeu ror tne
D 77
~.
1 auxiliary building in May or 1981?
2 A Tne recollection that I woulu nave woulu come trou the 3 inu1 cation on pago cloven or tne NRC tectimony tnat's 4 uaying: On Hay Sch, 1981, in a aceting with the NRC 5 Stati and the corps, consumers procuntuu another 6 rencdiaA action plan. Tnat tnat plan conaiutuu of 7 previoing uaua concrete support at the extreulties or 8 tho -- botn the EPAa instoau or the previously proposed 9 caissons.
10 g Did you over navo a chance -- and I'm ruterring to you 11 in turou or tne URC ano the Curpa -- evor havu a enunce IP to look into anu evaluate thio third of the propocals to 13 tix the auxiliary builcing collu proolema?
14 A To my recolloction, we clo not; because that plan was 15 changoo within a few montuc.
16 Q Anu cia Consumera ultimately come up with a utill tourth 17 plan?
10 A Yeu. Anu that was placing thu walls that extunceo down 19 to the glacial till arounu the EPA and control tower.
20 Q Anu if you'll look over to pago twelve of the prepared 21 ceutimony, that indicates that there wau a muuting on 22 Octouer 1, 1981 wnure a courta proposal wau presentwo.
23 tiau une October 1,1981 tne uueting whuro this tourtn 24 proposal was put torwaru of consumuru?
)
4 78 1 A Ycs.
2 Q And wero you prunwnt at tnut uucting?
3 A I cnink I wou.
4 Q okay. I'm going to comu back to that meeting in a 5 little bit more cetail sometime later herc. I'd like 6 to, in vriect, stop in the progression or the auxiliary 7 bulloing reuudial rixou and turn to a slightly ditterent a sub]ect.
9 Earlier I gave you a copy of a occuuunt which wau 10 NRC 279, which la thu Statz Hotion tnat was preparea 11 back in April 1901, along with uome a:Iloavits, one or 12 wnich uso by you. Lot ce set that aucuuent back in 13 tront of you here it I may.
14 By way of oackground, wnat was the occasion for 15 preparation or thiu cocument that's NRC 2797 16 A Exhioit 279 is entitiuos NRC Stair notion for Sucuary 17 Disposition on the Issue ot Qua11ty Assuranco 18 Impleuentation Prior to Deccuber 5th, 1979.
19 It's uy recollection that enis cocument was 20 initiated by URC attorneys, in recognition at the clue 21 that it was oeveloped that wnut tauy had nuard trou the 22 Start and wuat uney nau outainec in cupositions or tau 23 Utility's wittiescub, traat tuero was clearAy a breakuown 24 in Q/A prior to Duccacer 6 ta,1979. Anc thru Summary
79 1 Disposition was an attempt uy Nac's attorney to nave 2 everyone reach agreemont tnat uniu did, in tact, occur, 3 andsorouucuhtheextent or the ASLD Hearing on 4 coveragu or this particular concern; cne Q/A bruckuown.
5 I wau auxwo Oy NRC dttorneys to providu the 6 testimony with roupect to -- to what I xnew about the 7 improper coupaction tnat was coming to light through --
8 througn our reviews anu enrough our depositions. Anu 9 that -- cnat is bow I became involveu in chas occument.
10 0 And an indicated earlier in your testimony, you 11 ultimately prepared an articavat and algnec that 12 atricavit. Anu enat' u the aittaavit that's enclosed in 13 hure, is that correct?
14 A That is corruct.
15 Q Now, tnere's also a couple or other ariluavits tnat are 16 part or this document; ano one or these atiiuavits to 17 Irou Mr. Gallagher. Ana I noticu cnat there's a la cronn-rcrorence to ut. Gallaghur's ariidavit in your own 19 articavit. Anu I'm Just woncering how you aaw tuo 20 incurrelationunip outween tno two airidavitu in 21 preparing them? ,
1 22 A The interrelationunip was couing aucut because tuo y/A 23 bruaxuown, whien was -- walen to eccentially cuing 24 evaluated uy the Region or wnich Mr. Gallagher was a
80 1 member at this time, wau now being carried into the work 2 or NRR, which I was a vart ot. Anu ao it wau an attempt 3 of NHC's ELD Oitice to tie the two -- tnu ricid 4 anspection with the cocagn together. And that'c what 5 wou attcupted in this docuuent.
6 I was awaru that tir. Gallaghur wou preparing 7 tcatimony. Ano I thinK I nad met once or twice with the U ettorney frou NRC, recogni:Ing what he was preparing, 9 anu we were attempting to coordinate our erfort so enac 10 we would not occh ou writing on the came th ing . And I 11 wau attempting to put into this occument those aspects 12 wnich woulu normally fall within tuo review or our 13 Orricu.
14 Q Let au-auk you to turn over to page 14182 or tne is document that's unC 279. And thuru'c a reserunce there 16 to quuution tour anc the anuwer. Do you have that?
17 A Yus.
la Q There it sayos "In r esponuu to question 32, tir.
19 Gu11agner stacud that quality asuurance outicienciou 20 rouulted in uno planc sill being inautticiently 21 coupacted. My atituavic ccuanstratus that it the 22 original coupaction control requiremencu aut torth in 23 the PSAR nad ueen rollowoc, tne plant till Guttienent 24 proulen woulu not nave occurred."
81 1 Docu that accurately out morth eno ovocall purpose 2 or the artidavic unien you gave at that time?
3 A You. But I think uy atricavit also had other 4 intentions, in tnat we hau recently coupletuo 5 depositions or witnecuea :rca consumura wno, upon our G questioniny, an uy catimation, uupporteu our position 7 tnat we would not nave had caiu proulen it we nau hac d proper compaction.
9 Q Tneru'a oven consicurooAu tectimony already in this case 10 with regato to coapaction requirementa anu I don' t want 11 to unuuly claucrate on that ouu]ect uuring your 12 toutloony here touay. But I woula like to have you 13 capruus zur the coeuru your own viewu as to why 14 compaction in connection witn colla placcuent au an 15 important thing. I acan, why is it coaotning that you, 16 as a person in ene uo11u anc gootechnic area, la 17 concerned acuut?
Id A When -- when you aru looking at determining whether a 19 structure will nave a stacle f oundation, you aro looking 20 at tne material that's going to ce placed there anu wnat 21 are its engancoring propurtion. And you're racou in the 22 deuign stagu, ceroro evnatruction, cr coaing to come 23 conclualun au to what engineering proportrec, cuch as 24 snear curungen, sucn au coupreuuability, tueue ao11s --
02 1 ano, in thiu esue, it would be tuoso compacteu cackfill 2 maturiais -- woulu have. Anu so it'a recogniaee that 3 cngineering propwrties, wnich are important to a utable 4
4 founuation, are -- are airectly related to the conuity 5 of the 3o11. Compaction control la intenuuu to augure 6 enat when you place it in thu ricic you will get the 7 proper conotties ano thouu cenultieu will -- w1A1 accure 8 that the propertleu that you nava uued in ceuign, such 9 as compreuuaullity anu shudr strengen, are aueguate. It 10 in conutruction you got the requirca conuttica, then 11 there au that aucurance snat you have ene requireu la engineering proportieu.
13 o ucw duco control over thu moisture content or enu coilu 14 ocar on-the cunalty anu compaction?
15 A There are colla wnose uensity woulo increase to what in 16 callau a maximuu ury uunsity anu they woulu oc une 17 cohesive soils, uuen au clays ano siltu. What the 16 laucratory centu on compaction woulo unow you is that au 19 you increaue the uoisture content, up to wnat is calleu 20 tno optimun coicture content, enere la an increaue in 21 uunsity; anc unen cuyonu une optauam moisturu content 22 there la a uueruuuo in uencity.
23 Ano ao tnat aolutaru content controA uocomuu 24 Inportant in riulu controA lu enat what you're
=
1 atteupting to ao is to uring the concition or enu till 2 to within thu -- an acceptaulu rango or optimum moiuture 3 content. Anu, chorutore, you require the moisturu 4 content in the fielu to muut those conditionu ao that 5 you Know you'ru going to get the denuity and titu noll 6 proportieu.
7 0 I'd 11ke to ask you to turn witnin tne uocuacnc that's d in Iront or you ovur tu cne portion tnat coals with Mr.
9 Gallagher's articavit anu, in particular, at pageu 14254 10 and 14255.
11 A What were unoso paguu again, please?
12 g 14254 ano 14255.
13 A I have une pages.
14 Q Okay. There thoro'u a question nuuuur coventeen tnat 15 cays: "autore utscuuuing what actually occurred at 16 Midland with regaru to the impicuento of thu guality 17 assurance program in tuo uolls area, pleado utate uno lo significance of call compacLlon anu the f actors wnica 19 atreet soll coupaction." Anu then on page tourtcun 20 enure's an answer by Mr. Ga11agner.
21 I recogniau unat thia was an articavir. Jy niu, but 22 I'm wcnouring ti you coulo reau down thrcugh enere ano 23 utate whether or not ycu agreu wica une anLwor tnat nr.
24 GaAlagner gevu in this africavit.
U i l
l I
84 1 Anu it you'u like to taxo a monunt, why uon' t we go 2 ott the record anu you can review it.
3 A I will.
4 VIDEO OPERATOR: Okay. Stupping tne tapes.
5 (Briur recous taken.)
G HR. JENTES: Arc you reauy to go back on the 7 record?
8 A You.
9 VIDEO OPURATOR: He are now recoruing.
10 BY HR. JENTES:
11 Q Having now reau througu the answer that I directuu you 12 to, can you state whutuur or not you agruw with the 13 conclusions expressed by Mr. Ga11agner?
14 A I woula agree with thu conclusiunu expecssou by Mr.
15 Gallagher. ,
16 Q lie quotcu ano cites to a Mr. Tschebotartors.
17 T- a- e-h- e- u- o- t- a- t- A- o- t- t . Are you acquaincou with 10 the uoan that's returenced here?
19 A Yes, I am.
20 Q And is that a stanuaru text in thu raulu vi foundations 21 anc soliu work?
22 A l'n not buro tuo stanuaru is a propur luuncification.
23 It is a cuat ava11auAu to sollu anu gootecnnical 24 engincoru unich la coumunly usuu; yes.
33 1 0 Directing bacn to your own atricavat at page 1403 --
2 14103, excuce av. In queution rivo, the question ist 3 What is the boulu tur your response to quuotion tour.
4 Anu I aukou you about that Just a muuent ago. And unen 5 you go on to talk a little uit about che compaction 6 criteria anu toc recouuwnuuo uolature content that had 7 appeared in the PSAR -- or ut tne PSAn licensing utage.
d What are you roterring to in cnat regaru?
9 A There had been an inu1 cation at tne PSAR stagu, and it 10 had been to119wou carougn in the initial uocuments or 11 the FSAR utage, thet compaction of the plant till at thw 12 !!aulanu 01te would uus a specific stancard anu aces a 13 upecifleu percont coapaction ano oc within a opocittuu 14 moisture content range. That' u what I'm rerotring to.
15 g Do you recall one way or the other whetner those 16 critoria hau ouen initially uovelopeu as a reuult of tne 17 anneu 6 Hoore scuoles that hau boon uncertaken and la reported to Bucntui and Consuouru Power?
19 HR. LIbuY: CD]vetions Lack or rounuation.
l 20 A It au my recollcction that wnst wah in the PSAR anc thu 21 carry voltionu or tne PSAR came trou une recouuunuationu 22 or tuo Danes & tiocca cuport; yeu.
23 BY (1R. JEUTES:
24 Q Daructing your attention -- anu I'm surry to juup back
f I U6 1 anu forth -- but choru 10 an interrelation cetwwwn your 2 assidavic and that of Mr. Ca11agner. Anu lut me aan you 3 to juup torwaru again oncu uore to Mr. Gallagher's 4 af fidavit at 14256, anu 14257, ano 14258. In answer to S question nineteen 14r. Ga11agner describwa at some length 6 the Danco & liocco twcompuncations. I'u like to aud you 7 to reau down enrough tndt answer da it appeuru at tne 8 octtoo of titteon and carrying over to seventuun. And 9 my question is woutner or not thw criteria as summarized 10 in nr. Gallagher's arricavit are the compaction critoria 11 that you, yoursuit, are returring to.
12 And mayou wu coulu go oir the record anc give you a 13 chance to road it.
14 A Finu.-
15 ,
!!R. J EUTES: Gir the record.
16 (Grier recush takun.)
17 !!R. JENTES: Dack on une recoro.
lu VIDC0 OPERATOR: Wu are now recoroing.
19 DY HR. JENTES:
20 Q Having reau over tno natoriala that I cirectou you to in 21 tir . Gallagnur' u ar ticav a t, are those enu coupaction 22 requiremonta anc criturla that you resor co?
23 A Ycc.
24 Q !;cw, let Le utruct your attuntion oncu again to your own m
87 1 atricavit at 14183 ano ask you uort or thu outtom lino, 2 1r you will. Up at the top of that page you say, anu 1 3 quotud it earlier, but let me repeat at. It says: "My 4 aiticavit cumonuttatwo tnat if the original compaction 5 control requirementu uet Lorch in the PSAR had been st,Nhme,I 6 followuu, tne plant till e 4iment problen would not have 7 occurrea."
e lias that the concluulon that you had reached when 9 you prepared your armadavit in April or 1981?
10 A Yuu.
11 0 Is that aluo your opinion touay?
12 A Yes.
13 u Could you explain wny that was your opinion in 1901 anu 14 why it continueu to oc your opinion today?
15 A ilhat nad ueen inuicatuu would be requirou in the way or 16 compaction of Miulanu'c plant till was tnat it would be 17 requiruu to ucot ninety-Live percent ortnemaximum)<(
13 dry uunuity as uutarmanco by ASTi D 1557 wnicn au 19 coumonly reccereu to us the mouirieu Proctor Test. That 20 level at consity ror cobucivu uoilu and the ei.ghty-rive 21 percent relative canalty, wnich was inoicatcc woulu Do 22 requireu for -- ror tnu cobustualeus 00113, the sanu, au 23 a nign uagrue of coapaccion wnicn woulu pruuueo 9000 24 uunnitics anu goou ungineering garopertleu. Tnot huu
UU 1 been cemonutrateu by laboratory scuting. It thouu 2 censicacG nad been aculevou, wo woulu not have 3 experiencuu the uutticuunts that wu saw occur at tho 4 Midland oltu nor would wu, when ww took boringu, nave 5 rerlocted the icw bAow counta or loose sanou anu sort 6 clays. And, thorcrore, I think a reauonabic en91nour 7 woulu mano the 3uaguent that what you know because of u the tout reuulta, unang thoce compaction toutu, xnowing 9 encue denoitics tnat you woulu outain, you woulu not 10 have gotten tne valueu or uuttleacnt that we got at the 11 Miulano Project.
12 O Over on paguu 14104 anu 14185 of your articavit, you 13 auureus a separatu quustion nuuour six. It sayc: "Do 14 other.unginuera unaro your coneAuuton that the cause of 15 ene plant till ucttluuent probicm resulted trom 16 inadequate compaction ur construction or an 17 unsattutactory plant tall." Anu then you gave an answer la and ccterruu to uoao cepouicion custamony or a !!r. Arita 19 of becatel, to some tuutlaony by Doctor Puck or a 20 conuultant to DuchtuA, anu to Doctor llenaron wno we've 21 recurrou to earlier.
22 110w clo you go usout sc4ecting tne teuttuony or thu 23 peopio enat you uueu in connection witu thia answer?
24 A At tnia atage or revicv, it was not ucing utateu or it
U9 1 was not recogniauc to my couling by the Applicant and 2 its consultant or wnac une prouleu really is. Anu our 3 cisticulty in getting responuou to our questions werc 4 ignoring eno tact et what enu proulua really to. And 5 tue one thing I think we accouplauhed in our cuposition 6 was making cne utility and its consultants look at tho 7 racts of eno uuttlements that nave occurreu, anu a recognize those settlements woulu not have occurred is 9 at hau boun properay coupactuu. And so tue questions 10 that ww ovvulopuu in our uupositions were intunceu to 11 make tnen tacu that tact. And I think we ackea that ut 12 the people wno we telt snoulu know)ot the witnusuus that 13 we were deposing. Anu so unosw witnesucs were selecteu 14 uaced on tneir rouponse.
15 118 . JCHTES: All right. It's now a 11ttic bit 16 atter noon, anu we nad agrouc that we would break tur 17 lunch. So why con' t wo go off the record now anu ruturn la arter lunch.
19 A Okay.
20 VIDCO OPERATOR: We're utopp4ng clae tapo.
21 (Luncauon recess takun.)
22 VID80 OPERATOR: Wu dro now recuccing.
, 23 !!R. JLNTES: Bacs un ene recoru.
24 BY HR. JEDTES:
l 90 !
1 Q nr. Kane, 3uut a uccent ago I hancua you Unc 63, wnica 2 has beun previously Icentiried in tnia case as a 3 stipulation that was unterou into between the Stats of ,
4 the Nuc1 car Regulatory Couciuulon and counuel tur 5 Consumers Power Coupany berorc the ASLB back in June or 6 1981. Diu you have a chance to uce that occument onck 7 at enc tinu it was signeu in the Summer oi 19017 8 A 1 think I caw it artwr it had been entered into the 9 Hearing record.
10 Q And dio you bucoau aware at that eine that consuuvra had 11 stipulatou that tneru were quality assuranco 12 ucticiencluu relatuu to soll construction activitico 13 unuer and arouno saf ety twlated atructurus ano ayutoma 14 su inu1cated in the utipulation?
15 A Yes.
16 Q liao you playeu any part in the ulucuacions with the 17 Consumers Power people that luo up to thia utipulation?
10 A There were several utipulations. And it's my I
19 recollection that I ulu not play - gay, excuuo no, play 20 a part in this utipulation. I dAu in othura.
21 Q Are the other ones that you're roterring to tne ones 22 tnat ulticaculy wuru encorou into concurning the fact i
23 that tnu NRC hau noc secured auequatu anIoruction as or
- 24 Deceuber, 6 ca,1979 concerning vas tuuu itema naving to
91 i i do witn quality ausurance ano the asuurances or the 2 saf ucy aspects ot the receulal soils activittas? ;
3 MR. LIDdY: Ob]ection: Leauing.
4 A It tu my reco11cution cnat there were othur utipulations 5 that acureusuo thouuulves to the lack of Angoraation G with roupact to reaculal ucasures anc tuoy are tho oncu 7 I'm rarerring to.
8 bY llR. JEllTES:
9 Q Okay. llow , I'vu carrico you up to the Summer or 1901 10 with rugaru to tuo activitics that you playco a part in 11 concerning the ASLL licatings anJ the atfiudvit tnat you 12 gave at enat time. Anu I'u now like to chite back again 13 to tue euronology relating to tuo six at the auxiliary 14 bulluing. Anu earlier you hau custatiud that you hac, 15 as you best recall, participated in a meeting on Octouer 16 1st, 1981 at wnten Consumuru Powur came up with tnu 17 tourth or the fixou ror the auxiliary building. By 18 taking a icok at payo twelve of the prepared toutimony 19 that's part of NRC 301.1, looking Luctu in ene aiuolu ot 20 unat pago, couu that hely retrosh ycur reco11cetion au 21 to yvur participation in chat muoting or not?
f 22 A Yuu. L L
23 Q And bauco on reviewing tnat, wnat'J your buut 24 rucolicetien su to wnctuur or not you wuru prouunt at ;
r
~
92 1 that tice?
2 A To cne beat or uy rouvalection, I wau precent when tnia ,
3 wau introcucwo to the NRC statt.
4 Q I'c like to run through a Goveral -- a set or documenta 5 that were apparuntly involveo in this fourth rix. Ana G in that connuction Act me hanu ycu zirst CPC 2121.
i 7 Can you icentity that ao being the technical a proposal that was mauc uy Consuncts Power Coupany and 9 that was tuviewed at enc Octuoer 1, 1981 aveting?
10 (Exhibit CPC 2121; Tuchnical proposal 11 aauu by Consuuuta Power at 10-1-01 12 mwoting.)
13 A I roa11y uo not recall. It's quite poustolo it was, but 14 1 do not recall.
l l
BY NR. JENTES:
15 l
16 Q Let me ues is I can help rerresh your recollection in l
i l
17 that regaro oy snowing you a cocono cocument which is l
lu NRC 292 anc auk you at you can toontity tnat as the 19 uunmary wnich f)r. Hocu prepared or tnu meeting taat 20 occurred on October 1, 1981 whero Consumoru Power 21 pecpareu thu tourto or thu taxuu - presentud tnu touren 22 ut the tiaca un tue auxiliary oulluing.
23 And it you want tu taxe a wouent to curreun your 24 recollection on unia uucuuunt, pleauu uo so,
93 1 A I would liku to tako a muuunt.
2 11R. JEUTES: Okay. Why con' t we go ort tuo 3 recoru. Anu paybe you can look at coth that docuuwns 4 and tne CPC 2121.
S VIDEO OPERATOR: I'm stopping the tapen.
6 (Exhibit URC 292; summary prepared 7 by D. Ilood or 10-1-01 meeting.)
8 (Drier reevoo taken.)
9 VIDEO OPERATOR: We eru recording again.
10 uY Ha. JENTES:
11 O ilaving hao a chancu to look over URC 292, can you now 12 Accntasy that as snu uemor ancum tnat Mr.11o00 prepared 13 uummariaing the October 1, 1901 meeting with Consumers 14 Poker concerning tn13 tourtn Ils f or tne !!ialanu Plant?
15 A Yvo, it coes. And I see by an enclosuref to tir. Hocu's 16 summary snat I did participate on tuo meeting ot Octouer 17 1ct, 1981.
18 g Purther, uy looxing at tuo maturials, dio it also nulp 19 retroon your recollection that CPC 2121 was tne 20 submittal that Consucces had made concerning the tourtn 21 rix enat was revieweu with the Start or the NRC on 22 Octouer 1, 19u17 23 A You.
24 Q In lit. Hocu's neuerunuun nu usatuu enat tuc unourpinning
2 .
94 1 uchume presentuu what he uuscribou aos "A signiricant 2 change trom the previouuAy propouod romeolal measure'.
3 Do you or do you not agrue with !!r. Hoou that thu 4 tourth scheme pecuentuu a signiricant change?
5 A 1 would agree witn tir. Hoou'a cnaracterization.
6 Q Why, in your view, uiu the nuw acneus procent a 7 uignaticant change crow what hau previously been U cubuittuu?
9 A It's my recollection that up until talo time the 10 uncerpinning wau auurousing ituuli to thu EPA anu wo nad - --
11 we, une Corpa of Engincuru, anc the Start nad losued 12 questionu trying to unaurstano now this proposuu senemo 13 wouAu arfect the control tower. And it's tho Octocor 14 muuting and thu September 30th submittal valen ncaw 15 providen underpinning ror the control tower wnich is 16 adurcuoing concerns we hau expresceu previouuly. So 17 it'u algnaricant in that the control tower is now ceang 18 adoreuuvo in much gruater octa11 than it nao in ene 19 paut.
20 0 As you can recall, cru tne Consumers Power peopio, or 21 the peoplo that vote appaating along with theu, explain 22 why at nuu taken cueu trou couecimo in tuu micule or 23 1900 until the late Full or 1981 cororo they nau cowe up 24 witn enis courta S Ax ror knu auxiliary Dulluing
95 1 probiumu't 2 A 1 uo not recall of vvur having been given an explanation 3 that explatnud why it toon so long or how the process 4 had evolved.
5 Q I'd like to ask you to look at NRC 293, which I Danova 6 you whilu you weru org tne record to review.
7 (exhibit H!!C 2933 Letter trou D. Hood a to Conouuurs Power trancattting 9 teluconference of 1-31-81.)
10 BY HR. JCNTES:
11 Q Have you had a chanco tu loon that document ovur?
12 A Yus.
13 0 Can you iountity wnat snat cocument 167 14 A It la a letter crua Dari 11ocu to Conuuuurs Power Company 15 transmitting a recora or a teleconcurence octween tnu 16 Stats anc tne Applicant which took place on October 17 30tu, 1981.
18 Q Ano hau you ceun a participant in that telepnono 19 convorsation au 16 incicateu in the suanary that it 20 utartc at 2231? dates Nuccor 2231.
21 A 1 was a partteipant --
participant. Anu it la ay recoro 22 or culcpnono conversation wolen au an unciosure to Ur.
23 Hocu'u luttor.
24 0 in suunary, wnac wau tue uccauton Ior this teacphono
9G 1 convutustion?
2 A To allow the Start to roupona to tuo Septuacer 30th, 3 suouittal trou Conuumero, whicn tranuuluted the latest 4 recuutal six tor cne auxiliary bulloing. Anu the 5 telecon recorus une questionu enat were 91vun to 6 Consuuuru uuring enu course or that convutuation.
7 Q As a reuponse to cho yucutions tuat were ratsco on tnat 3 occaulon, namely on this Octobur 30, 1981 telephono 9 call, alu Conuumero tnen comu cack to tuu tiRC with some 10 auditional intornativa ano uuouittala concerning eniu 11 tourth tax?
12 A It woulu be uy rocollection that tney dia.
13 g Turning your attention to CPC 2122, can you luontary 14 that au the written couponuw that Conuumoro came up with 15 in tvuponue to the yuuutions enat you anu tne uthor NBC 16 people pucea on cue Octobor 30, 1901 telupnuno call?
17 (Exhioit CPC 2122; Letter anu uvennunta 10 tranuuttted trca J. Coon to 11. Dunton j
19 uutuu 11-16-81.)
20 A Exhiott 2122 lu a robeunuo trou conuuuuru, Janus Cook, l 21 to llatoic Denton of tuu NitC, wnica au provluAng a l
22 ruuponu( 20 cac hhc sur tuu queutionu that were raisuu 23 in snu Cctuour 31st telecon.
24 DY 418. J C!iTES :
97 1 Q And turning your attention next to CPC 2123, io unas a 2 uccunent wnich Conuuners sont along to tuu NRC provluang 3 en adoenuum to snu carltor technical report that in tr.e 4 one cuat's uatud September 30, 19817 Anu that's 5 previouuly luentaried as CPC 2121.
G (Uxt: Abit CPC 2123; Letter or 12-3-81 7 f rom J. Cook to 11. Denton tranumitting a audenuum to 9-30-61 subuittal.)
9 A Yes. It la an aucunoun anu appears to give suuttional 10 infuruation in response to quwstions that have been 11 raised on the September 30tn,1981 suculttal.
12 DY HR. JEUTES:
13 Q During tuiu general timerrauw, witen ene tourta rix wau 14 being nuumattod anu auditional questions were ocing 15 aukud anu answeguu, anu I'm caixing about snu tiuerrace 15 f rou Cctocar througu early Decencer 1981, Wau the URC 17 being asnuu to permit Consuucra to go torwaru witn enin lu cost reconc of tuo rixes for the aux 1 Alary ouiluing 19 arean?
20 A It'a my recollection that the start or uncorpinning was 21 uoAng ackcu for oy Consumers at chau Lluw.
22 Q And uo you rccalA wncthur or not the NRC agreeu to lot 23 Conaumera 90 Lutward witn any imrtion or tho 24 undurpinning proposai?
98 ,
1 A It's my recollvetion that the utart or the underpinning 2 or tuo auxiliar) Lu11uang wwu givun in utagou to where 3 NRC did give approval on curtain early aspects and put 4 qualitications on incoruation that still had to be 5 proviuvo tur luture usages os construction. So, you, we 6 cid give it in stagv.
7 Q Havo you heato any cuturuncu to a phaco ono anu a puaue 8 two and a phase carec ut the unuarpinning proposal that 9 was put 1orwaro in Octouer og 19W1? llavu you ev6r heard
.10 ruturenceu to that?
11 A I have huaru reteruncos. And I tool cortain unat it's --
12 it's accressou in our Sarety Evaluation Report or 13 Octocer 1982.
14 Q What was your unuurutanuing or encue phauus in orcad 15 strokuu?
16 A The pnauca were Duing civicou by what work could p ocoed ,
17 to where NRC was sattoried ano later stagua were uving lu iuentitied au construction operations whero we utall 19 neouuu avoicional intoruattun whicu Conouuors was 20 wurning on at the tiuu enu wau going to provado to tue f 21 URC. Anu uo wnat it was was b.sC' a attuupt to recognago 22 the construction acacuulo anu to approve unoso aupucts f
23 wnien cacy hou courauence in coulu procuou, anu tuentity 24 rnouu knacco ut construction that ac111 necueu
s t .
~
99 1 acultional work, whien when receiveu ano evaluated by 2 the NRC could oc utarteu if agreemento had bocn reached.
3 Q lihat wau pnaue one to involve as you unceratood it?
4 A I think At had to do with constructing the accous shafts 5 to -- to the underpinning. There were going to be 6 shattu connected alonguide the EPA anu the turbine 7 ou11aing to which it would peruit unen to go unuer the 8 the reedwater isolation valve pit anc chu EPAs on both
. 9 sices. It's uy recollection that worn did not allow for 10 tno removal of any roundation colla unuer Category 1 11 atructures.
12 0 Let me ack you to turn to NRC 294, which I hanced you a 13 little moment ago, anu I'll bring up to thin top of your 14 atack..
15 Can you icentify wnat NRC 294 ic zor tne record?
16 (ExniD10 NRC 294; Letter trou 17 R. Tecesco to J. Coox cated 11-24-01.)
16 A NRC 294 la a lettor trom Rouurt Tcdeaco or NRC to J.
19 Cook or Conauners Power Company. Tne cub 3 cct or uno 20 latter in Stati concurrence Ior construction ot accusa 21 charts and trouse wall in preparation tor unuurpinnlag 22 tuo aux 111 cry ouiluing anu the reccwater Isolation voivo 23 pitu.
24 11Y 11R. JENTES:
I 1
100 1 Q Does the concurrence for the construction that's 2 outlined in this lector constituto concurrence in pnaue 3 one or the underpinning project?
4 A It would be my rocollection that it was this cocument 5 that authoriseo Consuuera to begin tne initial stagos of 6 uncorpinning of the auxiliary building.
7 g Excuuo me. Go aheaa.
8 A Which would incluuo the access shafts and tne 9 installation, but not the turning on of the freeze wall.
10 Q I noticed in the accond full paragrapn on the tront page 11 or fir. Todesco's letter that ne states: "Our review 12 recognagua that the vertical portion of the accesa chatt 13 will not unceruine any structure". Anc then he 14 continues that, "Accoroingly this activity coca not 15 represent an irreverululu commituont".
16 Could you explain a littlo bit more what was the 17 philosopuy behind the NRC's concer -- concurrence in 18 going ahuac with pnace onu?
19 A It would be my recollection that at ento time NaC relt 20 the proposal tor uncorpinning tho auxiliary ouilding had 21 cno ucrat of ultimately coing acceptable upon the 22 resolution or tuu guestAun and cotails that have been 23 Aduntiried by cho Corpu una oy the Start'. So NRC is 24 uaying, in recogniclon or tuo -- ot Conauuuru' r eq uent
101 1 to ougin unuerpinning construction, you can uusin 2 certain aspectu of it anc it shoulc be recognized on 3 both our parts that what wo have authorized you to ao 4 will not dircetly attuct Category I structureu. Ano is 5 we cannot ceuolve those ultimate uetails, it's not 6 irreversible, th at we cannot stop it and restore tningu 7 to the way they woru.
8 0' Incicentally, nr. Kano, I probably shoulu have aukuu you 9 this earlice: What was your role at this tico in 10 relation to this whole raatter of the tourth fix and 11 maybe make our terminology the saco. I noticed tnat 12 tnis tourth tix la generally rererrou to au cno 13 uncorpinning pro 3uct anu is that a fair summary of what l 14 we could call it?
l l 15 A It woulu be tne uncorpinning, tne auxiliary ouiluing;
! 16 yeu.
i 17 C Okay. Now, lot me get back to my question, and that 1
l la was: By this true wnat was your roic in that 1
i I
l 19 underpinning proposal au tar au the NRC was concernou?
20 A It was eccentially tuo sane and my relationship with the 21 Corps was tnat tuoy wuru doing the ua]or review anu when 22 they had complocou tauir work eney woulu have 23 ciucussions with uytoit to -- to rouolvo wnat quoutions 24 atill noeuud to ue aukud, anu I woulu asolut enuu in i
102 1 proviuing those documents to tne NRC, ultiuately to 2 Consuucts, so that that intormation could be obtained.
3 The date oc this Exhloit 294 la November or 1981.
4 It's my recollection that NRL at this time was 5 recognicing the uniguuneus or the construction 6 activities that were going to tako place and, that in, 7 going unuer the auxiliary bulluing to do the B underpinning, and was looking ror assistance trom 9 outsloe consultants who hau more experience than either 10 ene NRC or the Corpo or Engineers with respect to 11 uncorpinning existing structures anu monitoring the 12 behavior or thoso structurou during the underpinning 13 operations. It unoulu oc recognized that what we are 14 about to do now is to reuove tuo toundation uolls 15 piecemual, anc that intentially could turther atract i 16 these exiuting structures, and so tncre was a concern 17 that this work be done in a very Jontro11ec manner.
- 10 So URC in November or 1981, I'm contloont, was also l
l 19 me. king atteupts to seek proposala tron experienceu 20 engineero knowledgeabic acaut unuerpinning. Anu I unink 21 tnat worx was culminateu in Decemoce or 1981 witu cne 22 contract ocing arranguu witn Geotecunical Engineers, l
23 Incorporatou to aucist in looking at the unuurpinning or j l
24 the aux 111ary builuing ano the unuarpinniag or cne l
1
l 103 1 service water pump structures. So, another consultant 2 was being brought on-boaru to acciat both the Corps and 3 the NRC Scaf t.
4 Q Who is Geotechnic Engineers?
5 A It'u a tirm in Winchester, Massachucettu. It has six or 6 seven principal ungineers. The one who was involvea 7 with Midlano is Doctor Steve Paulos, o Q now do you spell that, pleaue?
9 A P- o- u o- o .
10 0 Anu was a consulting arrangement worked out with thin 11 firm between them anc the NRC?
12 A NRC dio enter into a contract with Geotechnical 13 Engineura. I think it was in December or 1901.
14 Q And what was your role in uealing with Geotechnical 15 Engineers?
16 A Essentially the came arrangement that I had with tue 17 Corpo. Anu that wau to recognize what work had to be la cone, to make sure our consultants were being given the 19 proper intornation uo enat uney coulu maxe their 20 inuupuncent ausecument, anu then to take thcar erforts 21 ano put it in uitner a sarcty Evaluation Report or soue 22 correspondunca to the Applicant.
23 Q I'd like to aGK you to turn over to page two ut NRC 294 24 at the top. nr. Tuduuco'c lutter 9000 on ano states
104 1 That a later phase et your underpinning work, and he's 2 ceterring to Consumeru Power underpinning work, ic 3 understood to involve excavation beneath the valve pit 4 structures, et cetera. And then he goes on to stato:
5 "However, thiu later phase requireu uubulttal of rurther 6 information for Stati review ano approval anc our above 7 concurrence coes not authorizo excavation oirectly a coneath any structure."
9 Then ne goeu on a little bit surtner and ne talks 10 about our review ot the etfectu 01 the treezu wall 11 involveu uubmittal or acultional incoraation. And again 12 he Gtates: "Our auove concurrence au limited to 13 installation or tne treeze waal and coes not include ico 14 activation."
15 was an arrangemunt worked out between NRC ano 16 Consumera Power au to wnat acciclonal approvals hac to 17 ue obtained to go torwaro with the uncorpinning ettorto 18 onu now those approvals would De worked out?
19 A There was an understancing outween NRC anu Conauwers 20 enat approval was needed for tne suboeyuent phauco, 21 which iu why we got into chia mode of approving work and 22 cicarly identarying wuat worn was being approveu. So 23 enere wou an agruunent between tac URC and the Oc111ty 24 Company.
105 1 Q And was enat agreeaunt reacneu in early December of 2 1981?
3 A With respect to cne auxiliary building or otuct aupccts?
4 0 Well, in particular, in regara to the auxiliary 5 building. Ano let mu auk you -- maybe you can explain a 6 1:ttle uit.
7 Ir you turn to NRC 301.1, wnich is tuo testimony 8 enat I've referreo you to on several occasions, and you 9 loon over near the onc or enat document -- well, end or 10 the testimony portion at loaut, not all the attacaments.
11 There's a Taule A.20 Anu unrortunately I guesu we don' t 12 nave a Dateu Number on it.
13 But do you have enat Table?
14 A Yeu, I do.
15 Q Could you explain wnat tniu Table A.20 lu?
16 A I'd like to take a minute to reau tne preceding pages.
17 MR. JENTES: Okay. Pino. Let's go oft thu 18 record again.
19 VIDEO OPERATOR: lie're stopping tuo tapeu.
20 (Drier cuccou taken.)
21 VIDEO OPERATOR: How wu' r a recor ding.
22 118. JEUTES: Back on the record.
23 BY !!h. JENTES:
24 Q Mr. Kane, wh11u wu've Doon ort navu you naa a cnance to i
106 1 re-review, not only the Tacle A- -- or A.20, but also 2 otner materials that roughly start at page fourteen anu 3 run through the ena of the preparco touticony that'u 4 part of tiRC 301.17 5 A Ycs.
o Q Bauod on that, can you explain what Table A.20 iu?
7 A Taolo A.20 zu a sumcary by the Stati of wuac wo 3 understood were the Conutruction Milestones to be 9 accompliuned in underpinning the auxiliary building.
10 The Taolo is provided as part or our tuuttuony to inform 11 the Dourd or what work wo uncorstand is going to oe 12 dono, what hRC plano to ao with that inforuation, and 13 why it is ene caulu tor uu agrooing to allow utart of 14 underpinning to begin.
15 Q I notice that tuo secono column over regera tu Date 16 Information Ava11aole for Stati Review. What diu that 17 colunn mean?
lu A WeA1, we are iuontifying Construction M11cutonus ano 19 wnct we arc indicating lu that at this time curtain 20 mileuconus utill necceu information for Statt review.
21 Tnat wau une cate we anticipated receiving it.
22 U Turning cock a 11ttiu uit earlier in the toctiaony: Dy 23 ene time unat tnia toutilauny was given in Decemoer of 24 1901, nad the corpu ur Engincuru conoucted at least an
107 1 initial evaluation of the underpinning proposal, ano the 2 aduonuum, una the various data that hao boon uupplica in 3 response to the questions that hac been raised during 4 that telephone conversation that wau coverou in your 5 memoranuum?
6 A Yoc. The Corps had reviewoc tne inforuation that haa 7 ocen suomitted with respect to uncorpinning tne 8 auxiliary building.
9 Q And are you able to sucuarleu what the conclusions of 10 the Corps and the NRC were with regaru to that 11 uncorpinning proposal au or December of 19017 12 A My summary would be that the uutailo that were Deing 13 given to uu with ruspect to undurpinning chu auxiliary 14 building appeareu to now be focusing on all eno uupucca 15 which roundation ungancora would be concerned with in 16 attempting to resolve those. Anu so we toit at cnio 17 time thoru was a good chance that this uncorpinning 18 proposal would succoco, and enac it wau ene caulo for 19 the NRC allowing ror work to oegin. It wou recognized 20 that there was still information anu couign work to be 21 dono anu proviuud to uno URC bororo tinal approval could 22 De given.
23 g If you turn over to pe90 nanotuun or enu preparea 24 contimony, theru's a gueutlun churo as to what are tho
108 I conclucions of the Corps to11owing its engineering 2 evaluation and than encre's an answer. I'd like to ack 3 you to read down through that. Anu does that set out in 4 a little bit moro cetail what the conclusions or the 5 Corps were based on their ovaluation of the uncorpinning 6 proposal?
7 A It docu. And it's my recollection that tulo response 8 had been pecpareu oy the Corps.
9 Q In the last sentence it rurors to the need to a "proper 10 roundation uusign based on actual soll parameters".
11 What's referred to encre?
12 A The Applicant nad coupleted the borings which tne Corps 13 had auked ror in tne area or une auxiliary builoing, 14 those oorings procucou cauples waren were tested in a 15 laboratory. And what the Corps is reterring to is that 16 tuiu design of the well abould be using soil paramotors 17 rrou tnat testing in the donign or the uncorpinning j 10 wall. So the Corps was -- was acknowledging wherc l
l 19 Consumcra shoulo be gutting cne inf ormation ror the i
20 rinal unuerpinning wull dculgn.
l l
i 21 Q There'u aluo a retorcnce in that aane contence to it
- 22 boing cusential ror Cliore to be a rusolution or the l 23 oututanuing luuuus luencilled in Tablo A.20s anu that'u l
24 the uamu Table taar I've aukod you a couple or queutronu i
t
i l
109 i 1 aoout earlier. Was at or was it not the position or the 2 Statt at tniu point cuat the issuou that are identified 3 in Table A.20 nao to be reco1ved to the satiaraction or 4 the IMC bef ore the underpinning program coulo go f orward 5 trom pnace onu, to pnaue two, ano phano three, et 6 cetera?
7 A Yeu, sir. That was the intent or lucatifying the Table 8 uo that overyone would know, including the Boaru, how we 9 were proceeding anu wuat had to be comploceu cetore the 10 next approval.
11 Q Now, arter the arrangeaunts that were worked out in 12 Decemoor of 1981 with Conuumera ror tno adultional 13 review or the program as it went terwarc, were there a 14 uerieu or neecings that you attenced with Consumoro 15 Power to go over and audit the program that they had 16 como up witn?
l 17 A You're talxing with res pect to thu time periou after la this toscimony in Duccator ot 1981?
19 Q Yes.
20 A Yec.
21 O Well, lut ce bacx-up.
22 Correct me 14 l'u wrong, I'm not trying to get too 23 far anoad of myuolt. But w. I correct enat as a reuult 1
i 24 of tnu testimony that waa ylven anu une uncoratancing
110 i 1 that was reachou with the Consumers Power peoplu in 2 Duccouer of 1981, coat un arrangeuunt was workou out 3 that Consumers woulu go forward and they would attempt 4 to muet these construction mileutoncc and the subuiucion 5 of tne data that's apo11eu out in Table A.207 6 A That's --
7 HR. LIBBY: obacetion: Leading.
8 A Tnat iu corruct.
9 BY 11R. JENTES:
10 0 Anu what I'm now scacchang tur, Mr. liane, is arter enat 11 arrangement was worked out, were tnere a cerles ot 12 meetings that you attunuco wnere there was actually a 13 review ot what cata wuu being generated and supplied to 14 the NRC?
15 A In responuo to the work that was identitico in Tablo 16 A.20; you.
17 Q Okay. Ana in enat regato lut me nano you a document la wnich has been aarduu au NRC 295. Ano I woulu ask you 19 1r you can luontity unat document, please.
l 20 (Exhibit NRC 295; Letter trua D. Hood l
21 to Consumero Power Company cated 22 3-10-02.)
l i 23 A URO 295 is a letter tron haC oy Carl Hoou, Pro]ect i
j 24 llanaga r , to Cunuuuutu Power Company. Anu at ab a
111 1 summary of the January 18tn anc 19tn,1902 aucit on 2 plans ror excavating concatn the !!1cland secowater 3 luolation valvo pits ano the turbine building, which is 4 needed for the auxiliary builcing unourpinning. The 5 docuuent in dated llarch 10th, 1982.
6 BY HR. JENTES:
7 C And ulu you participato in the ueccing that occurred on 8 January -- or cuctings, I guesu, that occurred January 9 18 anu 19, 19827 10 A It woulu be uy recolluccion that I did.
11 Q Down in ene -- well, at enu timu cid you have a chance 12 to review Mr. Uoca's summary of what happened at the 13 cecting on that occasion?
14 A I probably had an opportunity to review it before it was 15 sent out by !JRC; yeu.
16 Q Au beut you can recall, coes it accuracoly retloct what 17 occurred on the occoulon or those meetings on January la 18th onu 19tn, 1982?
19 A I think I would havu to continuo coacing the ficut 20 several pages to anuwer unat queucion.
21 Q Ckay. Why con' t we go ort the record for a accent ano 22 give you a enanco to corrouh your recolluction about the i
23 neraoranuuu.
24 A Okay.
L
112 1 VIDEO OPERATOR: I'm stopping tnu tapes.
2 (Driot recess taken.)
3 MR. JE14TES: Back on the recoru.
4 VIDEO OPERATOR: ilo are now recording again.
5 BY HR. JE!4TES:
6 Q Do you belluvu thet Mr. Hoou's memoranoum, along with 7 the various attachments, reflects what occurreu on the u occasion or these neotinga in January of 19827 9 A Yes, I do.
10 0 I noticou in the rirut page in thu second paragraph that 11 there's a rutorence in the second line theru to the tact 12 that Consums:s Anroemud the Scarf or, "a change in its 13 plans". And cuen cown in che last paragraph, about four 14 linuu tron the bottom, it talks about the presentation 15 revealed "two recunc changos".
16 Can you atato, Mr. Kano, wuother or not it was your 17 obacrvation that there were a nuacor of changes in the 18 uncorpinning propoual as it progreuuod into the early l
19 part ur 1902 anc enroughout 1982 -- ,
20 (1R . LIDbY: Oujoccion.
21 Q -- over wnac uaa coun submitted cack in Octoour or 19817 22 UR. LID 0Y: Oujoccion. Thu question la 23 leauing.
24 A Thuro were changes. Anu at would uo ay unuurstanding 1
. e 113 1 these changes were coveloping as the Applicant got into 2 the design or une unuerpinning in greater octuil, wnich 3 is wnat eno Nac nau anticipated woulo occur. Tau URC 4 anticipated that tacy would be getting into further 5 details and Table A.20 was a means of setting up a way 5 of NRC reviewing tuose efforts.
7 BY 118. JUNTES:
8 Q Turning over to the page that's numbered 4320, it refera 9 to open iteau au identitled by Mr. Rinaloi. liho was Mr.
10 ul..uiul?
11 A :.r. Frank Rinalui is the Structural Engineering 1; Leviewer. I m; che Gootecnnical Engineer ror the 13 M1oland Project, Mr. Rinalui 13 the Structural 14 Engineering Reviewer.
15 0 Dio you work closely with Mr. Rinalui in connection with 16 the review of the overall unourpinning activities?
17 A Yes.
10 Q 1e then goca on and it sayut "Design tusueu aucited by 19 Mr. J. Kano or the Gcotechnical Ungineerin.) Starr ano 20 One cioposition or eneue issues at tac concluulon ot tno 21 auult are 11stou oy Enclosure 10."
22 This is the I1 rat rorcruncu to tne audit. What was 23 involveu in the aucit enat you conouctou?
24 A The uudit was a rollou-up to una ASLb licating. It was a
I 114 l 1 turther developmenL in the acuign proceus by Conuuacro 2 to where information that we hau launcirled was being 3 presented to us. Anu ao tne audit zu attempting to 4 lollow-up and scuolvo au many aspecta or the uoulgn as 5 we coula at this stage.
6 Q Turning over to Enclosure 10, wnica oegins at Dateu 7 Number 4390 anu continuou on, I guesu, to 4394. Could 8 you explain a lictie oit what went into this Table onc 9 wnat it wau designou to co?
10 A I initiateu enas Tabio uuiore I went to the aucit of 11 January 10th and 19tu, 1982 in Ann Arcor. Tne purpose 12 ot uy cuveloping the Taulu was to lay out those lusues 13 enat we had to revluw at the aucit, to Idantity what wo 14 anticipatou receiving at tne auult. And tne last 15 coluun, which 13 shown on Enclouure 10, was actually 16 accua rollowing or curing the audit. It wau acteupting 17 to unow how we hau resolveu each of these luuuec that I 18 naa identativo in the coveicpmunt or unc Table.
19 Q In tne last column clu you aluo inuicate those iceau 20 unat nud not ouen resolveu anu wnero you still nueuco 1
l 21 uata croa Lonauaoru Power?
! 22 A 1 ulu.
i 23 0 Dic you have aucuuguent nuotanyu to tollow-up on the 24 cata enat you neuuuu alter tne January 18 anu 19, 19d2
115 1 meeting?
2 A It is my recollection we did.
3 Q Let ae hand you NRC 297 and ask you if you can icencity 4 tnat document.
5 (Exhioit NRC 297; Letter trom D. Hood 6 to Consumera Power Company dateu 7 3-12-82.)
8 A The document iuentified as URC 297 in to Consumeru Power 9 Company and la cateu tiarcn 12, 1982. It was initiateu 10 Dy fir. Hood, Project flanager for NBC, and lu entitled 11 Summary or February 23rd Through the 26 th,1982 !!ceting 12 on Reuedial Actions f or Structurcu on Plant Fill.
13 BY I4H. JEUTES:
14 Q Ducu this ceuoranouc suumarise another one 'of the 15 muotingu with Conuumera anc Dechtel to go over the 16 progress on the remedial activities?
17 A It does.
la Q I'd like to auk you to turn ovur to page ulx. Down near 19 ene uottom there's an item tnroe cealing with quality 20 assurancu iceau anu there's a reference to Doctor R.
21 Landsman or Region III. liho was Doctor Lanusuan?
22 A Doctor Lanouman tu the Regional Inupuctor uno had taken 23 over the asuignment or Gene Ga11agner wno had coveu to 24 botnceda. Anu ao Doctor Lanuuuan au the one now
116 1 inspecting the construction at the Hidlano ulte.
2 Q Diu Doctor Landuuan have particular responsibilities cor 3 the soils and reuedial aspects or the project, as 4 opposed to other copects of the project, or alc he cover 5 all aspects of construction?
6 A l'm certain he old not cover all aspects of 7 conutruction, becauuc I know there were other URC 8 Inupoctors, like in tne electrical area. But I woulo 9 uay Doctor Landsman's work was related to inspection or 10 construccion in the civil area, civil engineering area.
11 Q And that incluceu soilu --
12 A That woulu include.
13 0 --
activities?
14 A That la correct.
15 A That woulu incluce.
16 0 llow did Doctor Landsman interrace witn your own 17 activities in this area?
18 A 1 am a mucuer of enu Orfice or NRR, whosu primary 19 runction is to ruview 11cence applications, which cover '
20 ene couign, wnich are presentou in PSAR and FSAR 21 occuuento. We review the auuguacy, tne ceutgn, anu work 22 togotner in ruuolving unat comultmenta are being made 23 whlen will uo carriuG out in conutruction. The Regional 24 Orricos, their runction is to cuo to it enat
l 1
l 1
117 1 conutruction la celug carried out as it was indicated in 2 conign and agreed upon witn our orfico.
3 Q Okay. In the paragrapn tnat I airected you to on page 4 aix, it indicates that: "Doctor R. Landorian of Region 5 III continues to await recolpt of the list or non-Q 6 listed activitieu for both the aux 111ary building anu 7 SWPS underpinning whien nu requouteu curing the aucting 8 of October 1,1981 ano again on January 12, 1982". And 9 it goca on.
10 Anc then if you turn over to pago cloven unuer the 11 headings Concluding Remarks of Staff Project Managor.
12 It sayc: "Near tuu conclusion or this mooting, the NRC 13 Statt Project ;1anager -- I take it that's fir. Ilocd?
14 A Tnac is correct.
15 0 "Auvisco Mr. J. Schaub or Conouuers Power Company that a 16 surpricingly large amount or inf ormation utill awaits 17 tne March 16-19, 1982 audit anu ceyond."
la Wau it accurate that a surpricingly large amount or 19 intoraation naa not ueen supp11ec by Consuuera in 20 connuccion with this audit process?
21 Ult . LIDBYs Objection Lack or rounaation.
22 It's also luacing.
23 UR. JLUTES: Well, let au maenu it.
24 BY M3. JEUTES:
9 118 1 Q lias it or was it not the case from your ouuervation that 2 a surpriaingly large auvunt or inrormation utill awaiteu 3 being supplied to tuo NRC as or this time as indicated 4 by Mr. Hooo?
5 HR. LIBBY: Same obj ection.
6 A It would be my underutancing what Mr. Hoou scrurs to 7 here is that in our Docuuber 1981 testiuony and Toute 8 A.20 wo huu an unuarutancing that inforuation would be 9 submittuu at certain tioco. I tuanx cnic to the secono 10 acuting we've hac with Consumers since unen, tuat tAno 11 anc we're tincing out tnat como or the inf ormation witica 12 we had telt wo would be accroucing nad not yet been !
13 addreuueu anu wou being put ott to a lator cate. I 14 think Mr. Hooo is roacting to that.
15 DY OR. JEUTES:
16 Q As you proccecod into the year of 1982, was it your 17 ouuurvation that you continueu to nave citriculties at la the NRC in getting cnu data tnat you had expected trom t
19 Consumera Power?
f 20 HR. LIUDY: Same cojection.
21 UR. JEUTES: Lot we try to correct, anunu my 22 guencion.
l 23 .3Y MR. JEMTES:
24 g What was your uccorvation as you moveu intv eno year of I
119 1 1902 witu regaro to whether Consumers was supplying the 2 information or not according to tno uchedule?
3 A To answer the question, anc l'm partly rocusing on your 4 original question, au naving to do with the uitriculty 5 og getting enat information. I dio not teel at thin 6 time -- at thin time that it was oliticult to get the 7 inrormation trou Consumoru. I r el t they were providing 8 un the incoruation at this time. What I ruit was a 9 delay and we were not aceting agroud upon dateo, was 10 their coulgn utrorts in developing the final acuign were 11 taking thlu long, ano that was chu reason tor the uelay, 12 not accouue there was any reluctanec on encar part.
13 Q My question I nau -- let av utart again.
14 I nau not ueant to imply tnat they woro wallrully 15 or intentionally withholding internation in my question.
16 !!y quantion was really aiuuu, initially at leaut, in 17 rinuing out armply whether or not there was a uolay in la occaining eno information trom consucers Powur Coupany, 19 wnatever ue the cauaus or reasono.
20 A It's ay recollection that tocco was como surprise among QNendu14 21 enu people who are oscata M those aucitu cnat 22 inf ormation tnat wu expecteu to sue at tniu taco was not 23 ueing provicou and, thorcrore, thoru was o aclay. And 24 wu woro -- at least i wau understanding the celay was
120 1 occause encuo uutaila still woru oeing worked out in the 2 design.
3 C 1 may have macunuwrutoou your intent unen you answered 4 two or throu queutions ago, but you uuemed to place 5 caphasta in your answer on what was the uituation, "at G tnin time." Ana I'd like to explore that a littic bit 7 turther.
8 Coulo you oxplain whether or not enero caau a lator 9 point in time when you icit one way or another, tnat 10 there may nave beon souc withholding or inrormation trom 11 the llRC on thu part ot consumers Power?
12 A Sinco my involveuent in 1979, I felt in the early part 13 of my work that tnwru was not a tree subulttal of 14 information; in that ir ene Statt would acuntity 15 specific inrurmation, consumers woulu provice tnat. But 16 that's not cne normal way we conduct our reviews, in 17 enat we anticipate thu Applicant will addreua the cocign 18 in couplutoneus ano provice us the inf ormation wnich --
19 which reasonaulo gootechnical engincuru woulu uso in 20 their deuigns. It was my focling, prior to 1902, that 21 it was not -- the inrormation was not coming treely, but 22 it nad to co luuncirico oy thu Statt.
23 In uy cuttuattun chat attituuc appearuu to change 24 probaoly in uld or latu 1981. I chink it began with
121 1 their willingneus to ou the coringa anu it -- anc it 2 Ohowco itself in recognising that what the Corps was A \nq 3 asking ror 7nuk questionw wns inrormation they woulo 4 normally have to duvelop to finish their own duaign.
5 Anu so the informattun that was being asked ror was 6 intornation not upecial to the NRC, it was inrormution 7 tney nouded to couplete their design. And 1 thinA that 8 attitude changou anc ene information won submitcod in a 9 much more normal way atter 1982.
10 0 After the meeting that occurreu on February 23 through 11 26 or 1982, uid you continue to have uifficulties, 12 notwitnatancing this enange in attituou, in getting the 13 inrormation that you fuit was neucco ror a rull review 14 of the unuorpinning propoual?
15 A I don't think af ter -- at tur the February meeting in 16 1982 that it wau anyuore dirricult than it woulo be with 17 our normal routino. Au a Reviewer, quito otten we hope 18 the people that are coing tnc cosign woulu recogniac 19 wnat they nave to uo to completo a cosign, anc recognize 20 cnu importance or that intornation, anu recogniac tnat 21 the Mac would be as intercutou in that information as 22 tuoy weru in the covolopment or the design anu would 23 proviuo that intornatica. Not alwayu cnat intoraution 24 is cuouitteu ano, tuoreroro, enu NRC in tnoir evaluuttun
122 1 muut ask for that intornation so, I think normally tnat 2 happens with all plants.
3 Q Again, !!r. Kane, without regeru to whetner or not there 4 wau any inconc to withhold inrormation or not, did 5 Consumers continue to 'e o lato in supplying information 6 af ter the Pobruary 23 through 26, 1902 meetingu?
7 118. LIBBY: I'u going to co3ect boeause tho 8 question is ambiguouu. And I believe it's been asked 9 and answered.
10 BY HR. JEUTES:
11 Q Woll, let me audress it thiu way Let me hand you 12 wast'u cocn marked au URC 290. Ana let me auk you first 13 ir you can luontary what URC 298 la, pleaue.
14 (Exhibit !!RC 298; Lector trom J. Cook 15 to H. Tecesco dated 3-22-82.)
16 A NRC 298 is a letter to J. Cook, Consumeru Power Company, 17 dated March 22nu, 1982, trou Rouurt Teuesco of the NRC.
10 What it identitico tu acuicional inforuation ueing 19 requested oy the Starr on pnaue two uncorpinning or the 20 auxiliary culloing.
21 DY Ma. JENTES:
22 Q And unat cuactly is Enclosurc One?
23 A Enclosure Gnu 10 a listing or toivew concernu chat nau 24 to ao resolveo prior cc initiating tnu secono pnaua or L
7 i 123 1 the unuarpinning work for tne auxiliary builcing in the 2 geotecnnical engineering area.
3 Q And was that Enclosure prepared by you?
4 A The Enclosure itself dons not appear to be my work. But 5 I'm conticent enat it was prepared oy fir. flood wno hac 6 gotton input trou mysoir.
7 Q All rigne. And uiu chia compilation -- or was this 8 compilation prepared tollowing still another one or the 9 audit meetingu that you nad in March of 19827 10 A Yos.
11 Q Now, along aucut th10 tion was thwre an Oruor untured by 12 the Atomic Sarcty anu Licensing Board witn regaru to the 13 soils activicles and wnat coulu or could not be 14 permitteu to go torvara on enu part or Consumeru Power? i 15 A It's my recollection the ASLB issueu an Orcer which 16 attempteu to clarity whicn worx could be compleceu at 17 tiiciand. Anc I think one or thu main reasuns for tnat 18 Orcur being 1scuou was in the ficatings it ugu been 19 indicated that certain work had ocen done on unuerground 20 piping, which nuitner the Statt nor the Boaro was aware 21 of, and uno Board wau accompting to addrous itucir to 22 tunt anc future worn anu was inuicating to Consumers 23 that furtner work, earthwork, civil works requitou eno 24 cxplicit approval or tno Dhc Statt.
124 1 Q What iu the work on the uncurgrounu or piping that 2 you're talking aLout?
3 A It's uy reco11cetion tuat certain pipes underground 4 pipeu, Category I piping whien carried service water, 5 enat piping had been proriled by the Applicant and the 6 resultu had been proviued to eno Nac. But it's my 7 uncoratanding Conauuuru went ahead, cug up suctions or a that pipe and either replaced it or reinatulled it and 9 in an attempt to take out the errectu or settlemento 10 th at had occurred with reupuct to that piping. Anu 30 11 at wau Conauucro' attumg.t to rix cortain longth of 12 Category I piping.
13 g Let ce hanc you what nau uvun uarked as NRC 32 and auk 14 you if you can identity that au tne mumoranuum, an Ordor lb of the Atomic Saroty and Licensing Board or April 30, 16 1982.
17 A Thlu is cne Orcer whien I wau roterring to which was la incuoc April 30th, 1902 by enu ASLB ano cirecteo acuelf 19 to work that hao boun coupleceu oy Cunuumors and which 20 the Doaru wau now attempting to make sure would have une 21 approval of the Statt ror future work.
22 Q in that rugaru, Mr. Kanu, ir you look ovur on pago uovon 23 ot the Groor, unuar necuing unrec, tuero's a retorcuco 24 to Pacts Giving Rico to incurim acquireaunto. Anu then
~
125 1 if you turn utill turther over to page thircean, touro's 2 a reference towarus the end or that rirst paragrapn to 3 the Doord stating "We are os the view that certain 4 activitics outolue the scope of Consumers' comultuent 5 but within the coverage or the prohibition or the 6 Ilodliication Order should Du sub]oct to prior Staff 7 review and approval". And then they go on to state:
8 "Tne tirot of those aatters whien givea uu concern iu 9 that of unuurgrounu pipin9". And then t.be Order goes in 10 anu ueucriuou a little bit of the particular unuurground 11 piping that wau involvou.
12 In this tau rererence to the work on the 13 unaccgrounu piping that you uuntioned in your tuutinony 14 just a moment ago?
15 A Yes, sir.
16 Q Ir you icok over on page tourtcun, the Ocard 900u on to 17 utate a accond ruauon ror requiring furthur Start review 10 und approval. Anu cnuy state: "Tnu accono reason tor l') our rcquiring further Start review anu approval prior to 20 the utart or uollo-relacco conutruction dirrurs troo the 21 titut in that it uoou not atuu trou a singio typo or 22 conutruction activity. Hatuur, it provicen the untiro 23 upoetrun at uolle-roAatou construction activitloc. Au a 24 result the Boaru quuucluning, wu nuvo uomu uvuut
126 1 wnuther, in the acconce or Staft review anu approval, 2 Concuuurs would carry cut curt ain ruuuutal uolla 3 activities uuing appropriatu Q/A procucures anu 4 principles."
5 By this time, trou your couervation, nad the NRC 6 Start come doubt whether, in the abuunce or its review 7 anu approval, Conouaoru woulu carry out cortain or the a rouculal soils activa tius using appropriate Q/A 9 proccuurua ano principlus?
10 HR. LIBDY: CDjection: Lack of rounuation.
11 A The question, au I unuurutand it, 1st Do I know at tniu 12 camo, anu this woulu De April ot 1902, wnccher curtain 13 members or the Starr uvuoted wnotner Consumera coulo 14 couplete the work au they hau indicated woulu ao 15 complutuu? In that your question?
14 SY na. JEUTES:
17 Q No. I was directing it ur,ecitically to what the Coard 10 was uxpecuuing here. Anu I'm not asking you what tuo 19 Boaru'a viewa wero, tnat's a matter enat nac to bu uusic 20 witn au rar au the Ocuor Itcult 13 concurnou. I'm 21 uuking you wnotner or not thu Statt, trou your 22 ousutvation, nou soco couut whether, in tau absence ot 23 Starr revicw ano approval, Cunsuuuru woulu carry out 24 various remoulal co11u activicius uutny appropriate C/A
127 1 proccuures ar.u principicu.
2 Rh. LIBEY: Same oojection.
3 A The empnauru is on tue 0/A procedurou, which is a matter 4 of concern or uoru luportance to cho Inupecting Ottice.
5 And so, it there were concerns, it would navo uson most 6 likely in that citico. I do not evur naving -- recall a 7 conversation with Inupectora to whero they had exprocced 8 thouc uentiments to me.
9 BY lla. JEUTES: ,
10 Q If you'11 turn over to page uixtcun or the Order, the 11 Board, under part Roman Number Four, taiku about cortain 12 matters which navo coun tne sucject of nottications by 13 various particu to the Board enat tenc to accentuate 14 wnat the Douro rogardu as the noud tot inturic 1S conultionu. Anu cuen tney site one example in ene next 16 paragraph. It says: "As uno example of this type, 17 repreuenting an activity we celleve shoulu be covereu tiv 18 the ccanitaunt, the Doard has coen informco oy way or a 19 Consumers' Con-Contornancu Report enat a torty-two anch 20 clameter hole was drilled to a depth of rorty rect 21 winnin tnu Q till area, apparently wituout proper 22 autnority; without !.nu development or or adnetenco to 23 written proceuures; without the participation or the 24 on-uite Goutechnical ingineer; anu without adequate
128 1 QA/QC surveillancu li any".
2 Are you ramiliar with what la returenced hwre by 3 the Boaru?
4 A I don' t recogniae it tor the doccription that iu given 5 nere. Duc or enu turty-two anch claaoter hole is -- was 6 drilloc behind the clouur generator building anc the 7 turbino uulluing. I do recall an incident where thwre a wao a problem with a coring that wau being conducted in 9 that area. So, 11 that's what is being rerorreo to here 10 by the Duaru, l'u ranillar with tnat inciount, cut I 11 con' t recognise it by tuu Board's worus.
12 O All right. I'm going to coue a little mit later to an 13 incident involving the uuup u uuct cank enat was a .
14 matter that Doctor Landuman naua a couplaint on anu that 15 you woro involveu in soue coramunicationu on. Is cno 16 inciuent that you've juut roterred to the one involving 17 the deep Q duct uank?
4 la A No, sir.
19 Q Okay. Then I should aan you wnat is the matter that you 20 were -- nave uomo know1cuyo of that usy havu involved 21 this torty-two inch hole?
22 A Tnero wau an incluent with oralling nolcu ochinu tau 23 uiewul genurator uulluing, norun or tue alcuul guncrator 24 ouiluing, which I unuurstoco got stopped with -- with a
129 1 concult that was in the ground. Anc thero was a long 2 periou of tace where -- wnere they acteupted to 3 penetrate enat utructurc in ene grouno anu it ruculted 4 in a large widoning of an area because or that orilling 5 operation. I an aware enat that happened. Anu I am 6 aware tnat une Region, as a rollow-up to it, in attempt 7 to uncorutand tne extent or it anu what nooduu to be d done to rectiry it. But it iu not connectuu to the usep 9 Q uuct bank and I'u not uuro it's connecteu to the 10 rorty-two anch hole here.
11 Q All right. Turning over to pages twenty-une anu 12 twenty-two anu twenty-cnrco or the Ordor, that cetu 13 forth the actual teruu or enu Order entered oy the ASLB 14 at enia time. Anu I'u not acking you for your legal 15 views on what the Doard old or uidn' t oo, but I'u auxing 16 you un to what your understanuing as the person who was 17 review 1,ng tne remedial coils cosign programu at this i 18 time -- wnat you uncocotood the Doacu wen requiring or 19 Conuumeru Power.
20 A When the Deceucer 6th Oruer was iscuco, it wac l 21 uubsequently appeaAud Dy Consumera. Au I uncurutand, 22 legally that avant thu Order waa not in urrect.
23 Concuuotu hau given vorceA acuurance to ene NRC that 24 they woulu comply with tau Ocuer, even thcugh tney nau i
- I 1
130 1 appealeo it. Anu tor -- Iron thu true og 1979 until the 2 Ausuance or chlo in April of 1902, NRC and Consumero nad 3 an underutanding that they woulu be coupAying with tne 4 Oruer. The llearingu revealuu certain work had been done 5 wnich the URC was not awarc of. The Doarc attemptec to 6 audrucs itseltph N .
7 And so what I unuerstano or tnic Order au that, 8 even though tne Orcer la not in effect, the Decencer 6th 9 Order because or thu appeal, the Boaro now iu attempting 10 to accure evuryono connected with tue project that no 11 additional work would proceed unless explicit approval 12 by the Statt was givun.
13 Q Arc you acquaintou with tuo sya -- I'll get i t -- the 14 systematic asueuuaunt or licenou -- Licencou 15 pectormance, coaccimuu called as the SALP Reportu, that 16 are lusuco trou tacu to time concerning Consumurc' 17 performance on tue Maulanu Pru]cet?
la A It giveu mu gruat pleasure to cay enat I havo very 19 little to ao with SALP.
20 Q Okay.
21 A I have not haa cuch input.
22 V Okay.
23 A I oon't know whutnor I've hau any input into SALP 24 accouementu.
131 1 Q Okay. That may chorten some of my questions.
2 Duc lot au hanu you what has been marked as UKC 13.
3 Tnic is a letter irca Dr. Kopplur to Mr. Cook of 4 Conoumors Power of July 19, 1982, conding along tne SALP 5 Report covwring the perloo trou July 1,1980 to June 30, 6 1981. Thiu was sunt along on July 19, 1902. Although 7 you'll note that tauro woru some early reviews of tne 8 report with Consumeru Power, as is indicatec in the 9 opening paragrapn of Hr. Koppler's letter. Did you see 10 the SALP Report that's referred to here back at the time 11 at issued in miudlo of 1982?
12 A It au my recollection tnat I cid not see the report.
13 Q Are you generally f amiliar with sne categori:ation 14 that's given to the Licenuoe perrormanew, that is une 15 Category I, category 11 anc Category III type rating 16 system, that's usou by tno HRC?
~
17 A I'm familiar with it to the extent enat I have used it 18 with other projecto, but I do not recall wnat the 19 breakoowns are. I know it has to do with the level of !
20 coup 11ance the Licensee cr Applicant is giving to enc 21 NRC, out I uo not know cne spec 1ric breakuuwn.
f 22 Q Do you know that Category III is too lowout luvul of 22 purrormance that tuo UDC rates't 24 A I think that's crue.
i
132 1 Q If you turn over to pagus 11229 and 11230, the 2 evaluation ut Consumuru in soilu and roundations zu 3 given. Anu the concluuion over on page 11230 lu that 4 the Licenseu is rated Category III in this area. And 5 then there's a ciucuuuton or cho Scarc'u recommencationo 6 on pagu 11231.
7 Anu tuore's a uiucuuulon there or the perrotaance a by Consuuero in connuccion with the physical work once 9 the reuodial soilu activities were renuouu. Ano it 10 states: "When actual phyuical work was rouumed it was 11 round that aueguate QA/QC attention was not given to
, 12 these worn activatiou."
13 Here you aware in the miocle of 1982 that Consuucro 14 nad buen ratou au Category III and that tno SALP Report 15 had conclucud that tauru hau not been aueguate QA/CC 16 attention ror thin rating periou that lacted up through 17 Junu 30, 19017 13 !!R. LIBBY: Cu]ections Iliacharacteriaation.
19 Also lack or toundation.
20 A I was not aware or a cpecitic SALP rating. I uay have 21 ocen aware in conversattuna with -- with Doctor Landucan 22 that enere may ou 0/A probleu utilA exiuting, but I'm 23 not uware or any specaric SALP racing.
1 24 DY llR. J WTES:
133 1 Q Well, rollowing tnu ASLB's Order that caue out in April 2 30 or 1902, was a decluivn uude Dy the URC Start to lot 3 Consumera 90 torwaru with auultional aspecta or the 4 undorpinning utfort on the auxiliary cuilcing and, for 5 that mattur, on ooco other aspectu or tne remedial no11s 6 activitico?
7 A is your question with respect to proceeding after the 8 April 1982 Orcor, old HRC allow construction to proceed?
9 Q You.
10 A You, it did.
11 Q And in that connection lut me nand you what has been 12 cacked as URC 299.
13 !!R. LID 0Y: Thank you.
14 Q You can told up thosu other things anc clear your work 15 area eneru a little bit.
1G l'il also nand you in connection with the document 17 unat 1 just gavo you, anonner one whicn la CPC 2125.
18 Can you iuuntity lor the recoru wnat NRC 2991u7 19 II you need to cano a uoment to re-review it we can go 20 orr the record and give you a chance to tano a look at 21 that.
22 A 1 thlak I wouAu novu to.
23 Q All ragnt, tinu. Why con't I acK you to tako a lous at 24 uotn tnat ano the CPC 2125 enat relates to the same
134 1 uocuuont.
2 A Excuuu me. !IRC 13, au there questionu on chlu?
3 Q Ho. I think you can put enat to the slau.
4 A Oxay.
5 VIDEO OPERATOR: Wu're stopping thu tape.
6 IIR. LIUDY: Why don't we take a oroek. We've 7 uuun going about two hourc.
8 HR. JEUTES: Yes, tine. Why don't wo.
9 VIDEO OPERATOR: DeLore you co We are now 10 recoruing. Tulu to the ouginning or tape throe.
11 (Drier recobs teken.)
12 (Exnibit NRC 299; Letter Iron D.
13 Eisenhut to J. Cook acted 5-25-82.)
14 DY MR. JEUTES:
15 Q Hr. Kano, having now reviewea une occument, can you 16 pleaue luuntity 1;nt 2997 17 A Yes. Docuuent 299 is a Hay 25tn, 1982 letter Iroa 18 Darrull Eisenhut, Director, Diviulon or Licenuing, URC, 19 to J. W. Coux, Consuueru Power Coupany. Anu what it is 20 au a lettor that updates the sulla remedial activitica, 21 at tula clau autnorizeu tau starting or phase two 22 unuurpinning activities, out also notarlec Concumeru 23 tuat URC wantu to withurew tron talu pieceaeal approvaA 24 approacn that nau buon going on up tali now anu get occk
1 l
l l
135 l l
1 to tne ucre normal type or review where we woulu not 2 lusue approval for a ulnylo uctucturu out for thw plant 3 in genural.
4 0 Why diu the NRC want to withdraw tron tuo piecumual 5 approach anu go to wnat you uescriboo as the more normal 6 approach?
7 A Well, I think it was at this pertou of time wnere we U were attempting to accommooate thu construction schedule 9 of Consumuru by going to the ASLD llearings for the 10 structures wheru thuy had the mout prwusing construction 11 need and it had resulted in sovural icentifications that 12 we woulu go anc adcreus, like, tac dicual generator 13 bulluing, but unen tnat would get withurawn; anc that 14 woulu happen several tauca. And URC Just telt we no 15 longer wanteu to be in that uoca, anu we oldn't want to 16 ue giving piccuacal approval any longer, and we wantuu 17 to got uack to the more normal routine.
la Q When you saio tnat you'd going to souething like the DGB 19 ano it would be withorawn, it would be withurawn uy ,
20 whou?
21 A It would ou inuicatuu at a present -- I shoulun't say 22 present, uut at a ASLB Huaring unat was going on what 23 thu nux topic woulu be and when it wculo Do nelu. Anu 24 I thinn tno utesci 9unurator cuiluing was identitieu au
136 1 Deing one of tnoue topics. And enen whun that cate 2 approachou it van -- it was inuicatoo that we wcro not 3 ready to go yet on tnat aupoet. And it's my 4 recollection that occlulon was uade by consuuurs. And 5 HRC agreco to that and agrued to a change in the next 6 ASLD 11 earing topic. Anu I think that occurred covural 7 timeu.
8 Q Can you iuentify what CPC 2125 is?
9 (Sxnibit CPC 2125; fleuo f rom J. Schaua 10 to D. Miller uatuu 5-27-02.)
11 A CPC 2125 in a follow-up to tue May 25th submittal wnere 12 at given a little bit more clarification and lays souc 13 accitional rostraints on wnat navv been approved in the 14 May 25th cuouittal. 2125 lu cated May 27 th,1982 anu it 15 is luentified as a meno trom D. Miller to J. Schaub, 16 uoth or Consuucru Power Company.
17 BY HR. J ENTUS:
lu Q Anu it returu to a colupnone converuation that 19 apparently you and Mr. hoou had on ticy 26th,1962. As 20 ocut you can recall, uuuu it accurately regiuct wnat you 21 anu Mr.1100u tuiu tcw Consumers Power people on that 22 uay?
23 A As oest ao i can recall it, tu does.
24 g Let no ask you: In iagat or tnu concernu that nad ouen
137 1 exprouueu in the ASLu Ordur of April 1902, anu whatuver 2 information you hau received concurning tnu SALP Roport 3 tandings, way ulu tuu URC autnorize CP to go torwaru 4 with any aspects or phasu two or the unuorpinning 5 program?
6 HR. LIDDY: Objection: Question calla cor 7 upaculation.
O A I thinK you're recorring to the impact or tho SALP 9 Report and cocasion. Anu I have inuicatou that I hou no 10 knowing input into that decision. Anu, therefore, when 11 I'm naking uy commento anu roccamencations it'u 12 inuopendunt et enat action, and my guagmento aru ecing 13 maco on tne canis or enu information that hau cuen
.', 4 provlued to no. And uo unat's wnure uy recommunuations 15 are coming trou.
16 BY MR. JEUTES:
17 Q At tais -- putting aulue the SALP Report anu whatever la information you acy have receiveu or not about that 19 report, au of thlu tico -- and I'u talking about the 20 late May 1902 perioc, where the autnorization van given 21 to procued with eneau portions or phase two -- hau you 22 cattuired youtuult witnin tuo areas or review that you 23 lookou at enat Conuuuurs cusnt to Do autnoriaua to go 24 torwaru witn thouu stei.a7
138 1 A I had to the extent that I could. Duc I also recogniaud 2 tnat onu or the unciouureu to tuo author 14ation or May 3 25th also laic out soau conditions that Consuauru utill 4 had to moet prior to doing tne phase two undorpinning 5 work.
6 Q And what are you recurrin9 to in snat regaru?
7 A As I uncoratand eniu Hay 25tn document, it utatou on thu 8 bauia of Statt technical review of cocumentu liutuo in 9 onclosure unu, the Start concerna -- concuru with your 10 plan to procueu with phase two unuerpinning activities i 11 which involve excavation uncer enu toedwater isolation 12 valvo pato anu the turbine building, cubject to thu 13 uuccuuscul complation of conuitionu listed in enclosure 14 two. Enclosure two lista conultions cuat NRC ruit 15 necuco to be compiutua ueroru beginning with phauu two.
16 1 had input into enac -- into unclosure two.
17 Q Okay. Af ter the author 1=ation was given to go anued in 10 May of 1982, diu it come to your attention that 19 Consumera hau viulatuu the ASLB, or at least that it was 20 bellovua cy uno URC Starf peoplu that Conauuors nad 21 violated the ASLu requiruuents, by proceeding witn 22 certain work wituout authorization trou the Stort?
23 A Yes, sir. Ano wuat I can recell hau to ue with the coup 24 Q duct uann.
139 1 Q All right. And in that regard, let me honu you what has 2 been marked as HRC 449.
3 UR. LIDDY Thansu.
4 BY MR. JENTES:
5 Q I'c liku to ask you if you can identity that document 6 for the record, pleaco. I taxe it it's a cocument that 7 you have seen ocroro?
8 A I havu ceun tue docuuent colore.
9 Q Ano could you identity it for the record, please?
10 (Exhibit NRC 449; Letter trom 11 R. Landsman to W. Shaier cateo 12 U-24-02.)
13 A Thoru'u a lutter or a comorandum trom Ross Lanouman to 14 Hayne Shafer, botn or the NRC, the Regional Orsice; 15 subject, Violation or ASLB order of April 30tn, 1982.
16 And as an attachment chure's a May 10 tn,1982 letter 17 Irom J. Ccon to liarola Denton; subject, 722 C-45 (0) lu Yaru-Work Claus 1 Fill Material Arcau.
19 BY HR. JENTES:
20 Q The memoranuum trou Hr. Lunoscan regers to a series of 21 ovents ana uomo of tuum apparently you wore involveu in 22 anu souu or them involvud more directly co Mr. Lanusuan.
23 I'a woncuring if you could recito what you know 24 aoout the circunstanceu or knu situation that involveu
140 1 this dcop Q duct uenn alleged violation or the ASLB 2 Order?
3 A In May of 1982 there wou a citu vialt by the ACRS 4 Committee to understand tuu status of the Hidiand 5 Project. I attenuuu that uweting. During the coursu of 6 that Muuting --
7 Q Let ue incorrupt Just no we got ene teruanology down.
3 What is the ACRS?
9 A 1 wau at raiu you were going to aux.
10 1 tnink it's Accoic Commitcoe on Hoactor Safety.
11 HR. JLliSElia Advlacry Counattee.
12 A Aavisory.
13 MR. 11ULLiliS On Reactor Satcty.
14 A Okay.
15 EY HR. JD1TES:
lo V Okay. Tne acronyun is not always as luportant as wnat 17 the function or the group lu. Anu wnac, runuanentally, lu accu the ACRS uo?
19 A The ACRS lu an inuopundent group who provides technical 20 aculucance to the Commiuotun oy reviewing botn thu 21 Starr's reports ano the Applicant's reports on ene 22 auc9uacy anu aaruty or cuc nucauar racilities that arc 23 requesting licenucc. So it's an inuepenuunt group coat 24 accists tue Counlubicn.
141 1 Q All rignc. Now, ycu muncionou that une ACRS had gonc 2 out to viuit enc cito ano tnat apparuntly you were along 3 on enac occauton thun. Anu unen 1 Antorruptuo you anu 4 uayou you coulu pick up with tnat recitation of cne 5 uvants.
6 A During cne couruu or tact uccting, which wou ucing holu 7 Ior the ACRS, Concuuera askea to acet with curtain U uuuoora of thu Start to diccuou 30u0 of the work that 9 was being puttornou relatou to the installation of the 10 trocau -- troezo waA1 anu the unuorpinning activities.
11 It'a uy rucollection tnat Loctor Lancoman, Darl Hoou anu 12 myuelt attenoua a muuting with reprucentativuc or 13 Consunera anu ucchtcl. During tno courue or enat 14 uuuting, we diucuusou certain unanga that we hau seen 15 curing tuo site visit.
16 Anu aluo at unat aceting it was intrcoucou to un a 17 plan to excavacu beneatn certain safety relateo conuulta la anu paping and to -- anc to Duckt111 that catorial witn 19 concrwtu. Theru was a concern, walen I expreucca at 20 tnat occting, as to wnuthor tnis was an acceptaulu 21 procoauru ror une concern enat -- tnat enu backialling 22 wien concrete woulu -- woulu, in tact, put in a nard 23 upon concatn tne satucy relatcu paping anu possiuly 24 resuAt in uirrurential cutticaunt occause or tne i ..
142 1 diffuranca in the couprouuacility outween une concreto 2 ano the au3acunt 1111.
3 And uo there was an agreuount to our undcratancing 4 that that work woulu not prococo until Consumeru 5 suualttod what they proposuu with respect to excavating 6 anu Daextilling enat cAcavation anu gave us thuir 7 reasons why they cult it was acceptaule, a Tne vlulation of the Doacu Order caue out in that --
9 Q Let au incurrupt you. I'm sorry. But uo tne recoru is 10 clears With whom clo you nave the oceting on this 11 occaulon, au far au Conuuaurs au concerned, au tar au 12 you can recall?
13 A Tnere were many people crea Consumuru anu Dechtel. I 14 think Hr. !!aluonnoiuer wac thuru. I know Mr. Snauu was 15 t n e r o , lit . Mooney were there. Ana thecu were coac or 16 tnuir ticid poopic. I think (!r. Hiller wau there. So, 17 I con' t know, tauru must have been ton, sistecn peoplo 16 trou Conauuaru.
19 0 All rignt. I inturrupted you. You were acout reacy to 20 say that tne violation occurred because of a uut of 21 circumutancuu; anu pernaps you coulu comploce that, 22 picaue.
23 A Hull, at tor tne im's \962 couttug, it au my unuerutanuing 24 that Conuuuuta uru go ancau ultu that worx, at luaut
143 1 with the excavation, which Mr. Lanusman discovered on a 2 latur ulte inupuction. Anu it wau -- it was hia nal uAt&' -
3 recollection or weet wo haa agreed on at the Hay 1902 2 4 meeting and, thereroru, cited Consumers for a violation 5 or the coard'u order. Anu at was that background that 6 resultou in a Huaring, I think, which was in -- on thiu 7 inoue, I think, wu: in November or 1983 at the ASLD.
J Q Okay. I'll gut to that in Just a moment.
9 Let me ask you to turn over to page two or Mr.
10 Landuman's memoranuum. There in the -- I guosa it's the 11 tourth paragrapn uown. It says: "I informed enu 12 Licunsee uuring my vault on July 30, 1982 that thuy were 13 in uitect violation or the Boarc Order ana their 14 Construction Permit. To make natteru worse, the 15 Liconnee curing tho exit, cald that they diucuaued thic 16 with Hunsrc. Hood and Kane in Ann Arbor earlier that 17 corning ano had rucuiveu ' approval concurning tuo 18 technicaA accu r a cy ' ror wnat thuy woru coing."
19 And enen a 11ttiu uit rurthur on in tnat samu 20 paragrapu ur. Lanuuuan states: "Suasequently, Mr. Kano
- 21 anuicateu to me that they never even talked to hiu cuout 22 cniu. Mr. Hoou inuicated enat they taikuu to nim aucut 23 souuching concurning the uuoe g cuet uand out no in no 24 way nau given approvaA."
i 144 1 Douc Mr. Lanuuman accurately rwrl=ct the tact tnat 2 he talxeo to you anu that you had never oven talkou to !
3 the Conuumora Power puopic about this particular matter 4 enat they alleged they nad reviewed witn you?
5 A Mr. Lancuman correctly retlectu that I had not talkod to 6 Conuuscra about uniu particular concurn. There was an 7 audit in Ann Arbur, wnich Mr. Shaub attenceu, but it is a my sucollection that we cio not discuus this itcu. I 9 had, similar to other aucits, launtificd a list or 10 thingu enac wo were going to aiscuou at the audit; enis 11 was not one ot tuum. It was my unoerstanding that we 12 wuro still waiting ror a aucuittal trou Consuucts that 13 wuu going to proviou us with their planu tor theuu ceop 14 duct banks. Anc, thorutore, it was uy recollection I 15 nau no uuch converuation witu Hr. Shauu.
16 y Okay. In the paragraph before thu one tnat I scrorreu 17 to, Mr. Lanosuan rurers to the fact enat he was not uure 18 wnen tno excavation bugan but I was on site on July 28 19 when 1 ulucovered the excavation in progresu. Anu tuen 20 na states: "The Licenceu, wnen inrormed or my concern, 21 isuuuo a Stop Work Gruer on July 29, 1962." ,
22 Wao it your unuctscanuing that the Concuncre Power 23 peopAe clu, in tact, lauuo a Stop Work Orcer as a result 24 or enis acLarteu violation or tue ASLO Orcer?
145 1 A I became awcre e to oy rucollcction, of the Stop Work 2 Order long actor it occurreu. And it may not have buon 3 until I rirst ruco lir. Landuuan's letter. Mr. Lanuuman 4 anu I did not have a diucuualon, to my recollection, 5 ocout Consumuru iusuing a Stop Hock Order.
G Q Let au sacw you a document which hau been aurked as llRC 7 49. It's a letter trow Mr. Keppler to Mr. Cook at 0 Concuuers Power Company of August 12, 1982. Which 9 confirma that Consumer = nau stopped work in tne receolal 10 ao11a area in accordanco witn Stop Work Oruur F$l 2-24.
11 Have you coen this document before?
12 A I have not, to my recollection.
13 Q Onay. Lot ce unow you another occument relating to stop 14 word notticationo at snu pro]cet. I hope I can show it 15 to you hore it I can tanu anotner copy or it.
16 ktR. JENTES: Lut's go of f the record tor a 17 aoavnt. I seen not to have an extra copy or tnat.
18 VIDEO OPCRATOR: I nave stopped tapes.
19 (Brier recous takon.)
20 lla. JEMTES: Back on the recoro.
21 VIDC0 OPERATOR: We are recording again.
22 DY llR. JEUTES:
23 0 I havo now tounu NRC 216. Luc uw band it to you. It 24 appearu to co a lutter trou Mr. Reppler to !!r. Cook
\
146 1 again chia timo Septenuer 24, 1982. In this particular 2 letter he confarus a colugbono ciscussion rugarding 3 certain proclums in the reuucial soils Q/C 4 requalitication program. And then hv gova on to state 5 that a rouult of this uiucussion, we underutano cuat you 6 have initiateu or plan co initiate tne following 7 actions. And the ricut is that all work on remedial 3 sollu have been stopped with the exception, oc coteca.
9 Have you uven this oocument bef ore, Mr. Kane?
10 A I may navu. I co not recall it, though.
11 Q All ragnt. Whethur or not you saw flRC 49 anc tiRC 216, 12 enece two 1cteeru culating to stop Work orogra at the 13 plant, do you have an understanuing as to whether or not i
14 Stop Work orueru werc, in tact, put in place by 15 Consumuru Power with rugaru to reueuial soils activitieu 16 in the Fall og 1982?
17 A I have a vague recolloccion cuat tnere vers;. Duc I do Ib not twel that -- tnat any aspect or my work was involved 2,
19 in that decision, I th Ann it was being cone untaroly by 20 tnu Region.
21 Q All ragne. 'sto yuu novv uny involvement in this 22 guuat 9t t h- V/C sucertit ..on or Q/C 23 rug activitieu on ecume..a1 uulla or was tnat 24 cot an fis . Lan:..:%n' a atua anc !!r.
._ - _ . - - _ -s
.--.e.. - - -- - -y_f., 4-- -,
147 1 Kop;.sier' a arca?
2 A I'm not quito curu hvw to answer that, in that I'm not 3 quitu suru what is ueant Dy the Q/C recertitication ot 4 ene remedial measures, aiu you uay or --
5 Q You. Let ne be noto precise.
G Do you have any Knowledge one way or anotner with 7 regard to soue probicm3 with regara to U/C Inspectors U wno uion't have the propor curtirication and unere were 9 some allegations chat there nad been some improper 10 accuureu cr certifications to these people or ency had 11 .sbutu n.. proper curtirications, ut escora; clu you ever 12 have anitning to do with that?
13 A I elan' t ;. ave inpuc into it. I reel that in 14 conversation witn Dr. Lanusaan curing thu cevoral 15 uovcings tnat we uso, enat gruoauly came up.
16 Q All right. Dut you weren' t airectly involveo in any way 17 in that?
Id A Ho, I was not.
19 Q Ano uo I also take it, Icou your toutinony a ruw ucaenta 20 ago, that you woren' t utrectly involveu in any ot tue 21 Stop Worn cruera tnut were icuueu in cuc suumer or Fall 22 of 19627 23 A That is correct.
24 y Okay. You alu uchtlon a littiu uit car 11er cuac tacro
r-s' 14U 1 was a ro11cw-up investigation by tne ASLD anc by the URC 2 into chiu inuuu or a violetion c1 tuu ASLD Orcur in 3 connection with the ucop y uuct bank uoring; am I 4 correct on unat?
5 A lt's not a uoring. It was an excavation.
6 g Ckay. Excavattun. All r19ht.
7 Let ce nand you wnat has buen marxeu as URC 450 --
0 int. LiuBY: Tnank you.
9 y -- anu ask you as yoo can lountary unat cocuuent, 10 piuauo?
11 (Lxhault HRC 450; Letter rrom R.
12 DcYoung to J. Soluy dated 1-12-84.)
13 A Tne uocument DEC 450, tw a lectur frun Hicnaro C.
14 DuYoung, Daroccur, 01ricu or Inupuction Unrorcement, to 15 Jonn Selby, Concumera Power Company. It'u uateu January 16 12, 1984. It appears, cn a briet loog, to inu1cato the 17 resulto or hhC'u invecc19ation conducteu taruuyn ene lu period January 3rd taruugn Auguac uta,1983.
19 DY 118. JEUTES:
20 Q You'11 nocu in the uno or tne snard paragrapu cnat at 21 attaenus a "Contiruatory cruer". Anu tnun tnero 1a, in 22 rect, an attachment cuat begins at bates 11140, unticico 23 cno Cons tructory cruur.
24 !! ave you uuen Lnu Cuniitnatory Orcar uutoro?
149 1 A I co not recall having coun it betore.
2 Q You montionou carlier tuat there hac bcun ucmo Huarings, 3 as you underutooo it, uurore the AULu concerning thin 4 suu3ect. Diu you participate in thoco Hearingo?
5 A 1 did.
6 Q Whetner or not you saw tne Gruer ituolt unat inuuud an a 7 result of those uvaringu, uo you know wnst thu ultimatw u outeume or tho invuuttgation Dy tne HRC wou?
9 A 1 thinx the ultiwatu outcoue au H}<C Exnioit 450, which 10 in Richarc buYoung's Actter to ConsuucrL. Anu AL's my 11 uncerstanding that artur thu invoutigation wou over a.na 12 it was reit enat URC unueroccod uno cause or it, that 13 URC recocmenuou to Consumeru tnat uney portorm certain 14 changu.- And I think that had to ao witn Managument 15 utudies.
~
16 Q It you look over to page rivu, in part Rouan Numeral 17 Piv e , theru's an orcering provision. And tuore there's la an indication that witnin thirty daya of thu wtructivu J
19 cate or tno Urder enc Licunwee sna11 uutuit to tuo 20 Reglun a pAan ror an inuepenuent appraisal or ultu anu 21 corporatu i:anageuunt organications anu functions that i 22 woulu devulop rocoumuncations that woru noccusary ror 23 luprovements ror Itanayewunt cuanunicationu, controls, 24 anu overulgnt.
150 1 In enia che Hanageuent Control Program that you 2 were returring to?
3 A Yeu.
4 Q Dio you havu any roic at all in elle Management appraiual 5 that was ultimate 4y uncertaken as a result or chau 6 Order?
7 A I'u hcoitating oucauso evcatually there was an 8 inucpenuent design verification prograu which -- wnich 9 was initiated wnien involveu neveral indeponcent 10 consultanta f rom outslue or Consumeru. And I navo uoan 11 involvua in the ruview vi several ot tuoit reporus. Anu 12 I'm not quito uuro tnear werk is not a part or thin 13 Managonunt control prograu. So I may be, but I'm 14 uncurtain.
15 g Okay. Coulu you doucrice what the incoponcont 16 Management review hau cecn that you are acquainted with?
c"C g
'7 A There nave been consultants retained by Consumeru, St+ow-la anc Webster la one, to loon at tne work that la ongoing 19 ano to anow enat At is being properly conutructec anu 20 contro11eu. Tney aru working in con 3 unction with 21 Conuumera own quality organt ation. Proa time to tiow 22 there oro cocuuentu that are torwarced to ue tuat 23 proyaue tne ruuults or uuctings between cnu incuponcent 24 groupu and URC'; acylonal Ctricou. I am nut actively
151 1 involveu in that program.
2 g All rignc. I've ackou you nome yuustiono about the 3 initial authorization to procuou with phaue two of the 4 uncorpinning oflors and enu violation that was alluged 5 oy the NRC and ultimaculy rounu by tuc ASLB regaruing 6 uniu coep g duct bank problea.
7 Dio there come a time wnero, notwithstancing thosu 8 prouluun, thu HRC Start again authorizeu the Consumers 9 Power peopic to go torward with the unuorpinning erfort 10 at the auxiliary bulloingi 11 MR. LIDBY: Ob]ection: Arguountative.
12 A NRC dio authorise continuation of tuo uncorpinning 13 errorts at tuo auxiliary builuing.
14 LY HR. JCITES:
15 0 Anu when aid that authorization coue torwas.d grow the 16 NRC?
17 A I uon't recall the exact cate.
la Q To help scrroun your rocollection, let me unow you cwo 19 cocumentus one au CPC 2127 anu the other as Nhc 451.
20 I'u lige to ask you to tako a look at thoco uucumento 21 anu uue it thuy nulp retruoh your recollection as to 22 when the HRC autuorigeu tuc Concuncru ?ower people to go 23 torwaru with the remedial activaciou at the aux 111ary 24 bulloing.
152 1 Do you want to take a moment again to look at 2 those?
3 A Yeu.
4 KR. JENTES! All signt, 11nu. Why don' t we go 5 off the recoro again, ploauu.
6 VIDEO OPCRATOR: l'u atopping tape.
7 (Exhioit NRC 451; Lotter frvo R.
d Warnicx to J. Cook cated 12-9-d2.)
9 (Exhibit CPC 2127; Lettur trou J.
10 Cook to J. Koppler dated 12-6-04.)
11 (uries rocesa takun.)
i 12 bY Hil. J ENTES : l 13 y tiaving Aooned over CPC 2127 anu Uhc 451, are you aole to 14 utato, tit. Kane, whun tuo NRC authorlaud Conuuuerc once 15 again to proceed with the unoorpinning effort?
16 A Thu two cocuments that you havu given uc, uccuuents CPC l 17 2127 and NRC 451: 2127 10 a letter trou J. Cook to l Id James Kupplar, NRC, inuicating Consumers' conclusion 19 enat they are reauy to proceed with additional 20 uncorpinning work at tne auxiliary building anu lu 21 cukang ror URC's authorization. That authorization is 22 coming croa tha Region, Region III. Anu enu reason for 03 tnat la at this utage 3RR nas con v icted encar Saroty 24 Evaluation Report in Octouer 1902 anc autnora:ation to
r 153 1 procovo anc construction is now being enannvied enrougn 2 Region III.
3 The otner occuuent that you have given us, URC 451, 4 is a ictter tron R. Warnick, trom Region III, to J.
5 Cook, Consumera Power Company, authoriaang curtain 6 phases of work in the undorpinning of the auxiliary 7 uulluing.
d Q Frou your laut answer, uous it mean that by thic ctage, 9 tha t la in late 1902, that tno authorisation for 10 proccucing with tne ceuodial soils activities was 11 cssentially couang out ut the Regional group rathur than 12 out ot the Htu here in Haunington?
13 A I think at talu cimu, ano I'm talking now about Decenoer 14 1902, NRR, the orfico that I work for, wau rouponding to - -
15 to a 1979 request to assist the Region in assessing the 1G proulca anu their proposeu flace at Midlano. So tiRR was 17 rouponcing to tnat technical acc1 stance requout.
la It's now at this ticu tuit tnat we have reco1veu 19 our uitterunews with respect to thu receotal rixen or 20 there may ou souu scuaining aspects. Essentially the 21 :iRC has given approval to the taxva and, therecoro, our 22 worx, tiRR's work, au nuating completion. Anu ultiautcly 23 tauru wes a Aotter Iron URR nutarying tne Region that we 24 nau coupleteu our wurK and it was now back unuer tho ,
I
154 1 tuli responsibility or tuu Region.
2 Q Now, when you uay couplotud your work, aro you talking 3 about coupletany the uusign review aup4ctu of the work?
4 A Tnat is corruct.
5 Q All rignt.
G A I should ina.cate snat wo, URH, are still invo4vou in 7 the senso that wnon curtain eupcces caue up, which NRR a hau required as ooing nucoscary to complete the work, 3 wnen thoso aspectu coue up the Hugion woulu normally 10 contact un and we woulu rouponu uy attuncing muotings or 11 going to the alto zor various phaceu or the 12 construction.
13 0 In lignt or your answer, it may ue snat I don't nuou to 14 show you a couplu or uocuuento relating to a cuuject 15 enat I wantuu to expAore, uucause it may be that you 1G nave notning to ao witn it.
17 Thoto has ucon an luuuu rainvu in the cauu cetwuon le Dow anu Conuuccru Power as to whether or not Conouceru 19 magnt have cuan able to loao ruul in auvance at the 20 completion or all or the sualu receulal activities. Diu 21 you ever get into auceuutng one way or tuo other wn=tner 22 or not Consuneta vouAu ou puruittoa tu loao cuul uerore 23 the coupletion or Lau unuorpinning activaticu?
24 A I diu not get into any caucaiuunt.
155 1 Q Earlier you had inuicated that you dion't have auch to 2 do with the SALP review proceau, buc I woulu 11ke to ask 3 you a littio Dit about a uuuuequent SALP Report. And in 4 that connection lot ce hand you NRC 40.
5 URC 40 consluts of a covering letter trou Hr. Hinu 6 or -- that's B-1-n-a -- og the Region III SALP Boaru, to 7 Mr. Cook or Consumers Power, dated July 21, 1983. And 8 it oncioues the SALP Report covering the period July 1, 9 1981 through Harch 31, 1903.
10 Have you coen this SALP Report?
11 A I do not recall. I don' t icel I have used it in any of 12 cy review estorts.
13 Q This report, at least, covers tr.e perica curing which 14 thorn was consideraule review activity oy you ano the 15 Corpu. Anu I notice, it you look over on pago G173, 16 you'll ucu unuer Soils ano Foundations it says:
17 "Overall portorcance in this iunctional area han 18 continued to incicate a duelinic.g treno and remains an 19 area or concern. Tne uocline wau due to the continuuo 20 lack or attention to uetail and the continuing inauility 21 on the part or che Liconueu to impiecont properiy the 22 requireuents the Miulanu 0/A program.
23 Diu you nave any input into chia SALP eva_.acion?
24 A To uy knowicago, no. To .ay Knowleugu, it would nave
- , ~ ,.
w- _^ - -, 7-
156 1 Deen developeu through Mr. Hood anc Hr. Landcman.
2 Q Let ne direct your attention to one other itea that'a 2 over on page 6184. Unuer Conclusions it says: "The 4 Licenceo iu rated Category III in tnis area. Although 5 caiu la che came rating as the previous auuessment 6 periou, the licenueo'u overall performance in this 7 functional area has continuco to decline. NRC 11noings 8 during thin asceuument verloc inoicate a continued lack 9 of attention to cetail by tue Licenueo anu the 10 continuing inability on the part or the Licenace to 11 impicaent properij the requirementu of the Hadlanu Q/A 12 prograu. A rating or luuG Cnan minluully acceptable 13 (not rated) was conaiuerec by the Board; nowever, a 14 Category III rating was uusignea because of the 15 acringent controla institutuu to govern worn in enis 16 area area, 1. e." -- anu then there's a description of 17 ueveral programa. --
ld Wero you consulted at all in connection witn tuo 19 categorisation nere; that tu, whether or not it shouac 20 De Category III or a not racou au leuu than Category 21 III?
22 HR. LIBBY Objection; Lack or tounuation.
23 l'a also going to ooj ection again to the roauing or the 24 uccument into tue recoro.
157 1 A To uy knowleuge I was not consultea with respect to thio 2 SALP racing.
3 BY MR. JEUTES:
4 Q Okay. I noteu in ruviewing tue documentation enut you 5 have had uoue connection with tne Micland Project in the 6 last year ano it came up in connection with coao borings 7 or correction to uoringu enet were uuomitted by a Concuaora concerning tue cluual tuoi oil storage tanks.
9 Do you remeucar gutting involvoo in cuat area?
10 A Yes, air, I do renewoer tnat coming to my attention 11 primarily enrough a roguent trou cur of tace or ELD 12 auking ror an arfloavit that responced to the Boaro's 13 inquiry of the NRC on how thiu lupacteu our Sasuty 14 Evaluation.
15 0 1 nate to get into another acronym, but you Juut said 16 ELD. 11 hat' c ULD?
17 A Perumpu I would =110w the attorneys to answer that.
la 11 8 . JEUSCOs Executive Lugal Director.
19 llR. JENTSS: On, okay.
20 SY tlR. JEUTES:
21 Q And would you ex elain in a little uit more octa11 uhat 22 you were asked to co on that occauton?
23 A It was brought to my attention tnat tour corings in the 24 area or une diesel tuel oil ctorage tanku were not
158 1 drillac in the location as previously providou to the 2 NRC, and I was aukeu to asuono the impact of this 3 tinding; which I uncuratano developud in the uuit 4 between Dow ano Consumers Power Company. I couponued to 5 the Boarc by writing an ariluavit summarizing now I felt 6 it impacted our previous review.
7 0 Let me nand you in connection 91tn unia wnat has been 8 marked as CPC 2497.
9 (Exhibit CPC 2497; Letter trou J.
10 Brunner to ASLB Panel datec 12-6-84.)
11 Ma. JENTES: tir. Licoy, once again, I 12 apparently uon' t have an extra copy of the document, but 13 I have a iceling that you' re procably acquainted with 14 thu lotter.
15 A Tnank you.
16 bY 118. JEUTES:
17 Q This appears to be a letter trom Mr. Jaucu Brunner, 18 B-r-u douclu n-e-r, or une Consumers Power Law 19 Department to muuuuru of unu ASLD Boarc Panul. The 20 letter la datec December 10th, 1984. Dic you see a copy 21 of the letter trou Hr. Drunner?
22 :1R. LIDBY; Just so l'A cicar: What's the 23 Exnabit nuuuer on tniu?
24 !!R . JLNTLS: CPC 2497.
l l
159 1 !!R. LIDBY: Thans you.
2 A It's my recollection that enic wcu one or the cocumentu 3 that I bec reviewed prior to my writing the articavit.
4 BY llR. JEliTES:
5 Q lioxc let me hanu you what hac been marked as llRC 452 and 6 ask if you can icentity that document for the record, 7 pleauc.
8 (Exhauit NRC 452; Af riuavic of J. Kano 9 to ASLD llearing dated 12-6-84.)
10 A 11RC 452 is my attidavit to the ASLB with respect to the 11 recent tincings about thu mauplacou location of borings 12 D-1 through B-4 in the area of tne ulosol tuel oil 13 utorage tanka.
14 BY liR. JEllTES :
15 0 I won' t ask you to retect all of the matteru that are 16 covered in your arricavit, cut lot ue ack tirut otra 17 Docu the atticavit reflect your bout opinion anu l la juuycont regarding the importancu or the borings ano tne l
19 anformation cnat was brought to the DRC's attuncion in i
20 CPC 24977 l
21 A Yeu.
l 22 g In uno atiloavic unat you riled, you acurous curtain 23 technical iucuou relating to the potential ror 24 11guu: action. In laymon's termo, it you will, could you i
1 1
1 1
1 160 1
l 1 explain what tue signiticance or theco borings are to 2 the analyuiu ot une 11gueraction?
3 A There was a boring in ene ciesel ruel oil utorage tank 4 area that it indicated a locue sone of cano. Orthand I 5 forget the boring nuuber; it was not one of the U-1 6 through B-4 corings. In tue review that tne Corps and 7 ene Imc conducteu the question came up: Becauce of the 8 loose sando tout arc inoicated by thiu coring in thin 9 arca, ao we have a problem with liqueraction? That 10 concern was passed on to Consumeru Power Company.
11 We received the report f rom Consumera Power' Coupany 12 that addruuuud talu concern. To my recollection, th at 13 report was prupared by Mr. nerounheimer of Consumers 14 Power Company. And what hu old was he used the 15 subuurface information, the boring information that was 1G availculu to both Consumers and to the statt, to 17 demonutrate that that was an isolated zonu of cand. Ano 18 ho used, as part or nio study, coringu B-1 througn B-4 19 to show enac it wau iuolatuu, enat at was not ucing 20 terlocted oy those adultional boringu.
21 Anu ao enac inrurmation was being useo to unow enat 22 this one zono, tout was inu1cated to De existent in one l
i 23 or the boringu, was not extonulve. Ana 30 chore w&u an 24 analyuiu uauu tnat unowou cnac cvun it we maxe the
161 1 concorvative assuuption cnat under earthquake locuing 2 ene uoll would lose Ato shear otrongth, it would 3 11guety, that the outrouncing maturials woulo aevelop 4 enough resistanco not to allow the diesel tuwl oil 5 storage tanks to lose their founuation)(' stability. /
6 That was the concluulon o! the Conauwero' stuales, that 7 was accepted by the Stati, ano that was reporteu in our a testimony beforo the ASLa.
9 So that is how wo used the borings B-1 tnrough B-4.
10 He usud them to be convinced that 11guetaccion was not a 11 problem in that area. Now , wu're buing cold tnose 12 boringu aren't really there. And so that conclusion 13 Decouca inconclusive uecauso we no longer nave the 14 information which was indicated to be factual for that 15 area.
16 0 When you had boon supplico borings B-1 tnrough D-4, oack 17 at the tamo or the liqueraction analysis, had you 18 assumed that tuoso woru, in ract, the boringu at the 19 dicac1 tuel oil storage tanks that CP had told you tnoy 20 wero?
21 A 'tes, we dio assune. We hau no other reason to bo11ovo 22 otherwiuo.
23 Q And you solo that now that ulcuation has changed. What 24 do you unourutanu CP is now saying witn regard to theue r .-- -- ,-
r -- ,,--y - - - - - - - - - - - - . , - - - , - - - - , - - - , , , . , - , , , . ,
. ---,,,-,,-,w, --- -
162 1 uoringu B-1 through B-47 2 A As I uncurotand trea tnu cocuments that I reviewed in 3 preparing my affidavit, is that Consumers was being tolu 4 by their consultant at your Hearing, the Dow ilcaring, 5 that tnose borings may not have been taken where --
6 wnere they had inoicated in FSAR documentu ano, 7 therecoro, the logu unat eney had providou to uu were 8 not good information. And it was further indicated that 9 there was a uix-up on Consumers' consultants' part that 10 those boringa uay nave been, in fact, representative of 11 an ott-site Ilialanu location and, therefore, not 12 applicabic to tne M1aland Plant. Tnat's uy 13 uncoracanding.
14 0 llau Consuucra supplied you or the HRC, to your 15 knowledge, with tne actual boringa that purporteoly woro 16 taken at tne utesel tuol oil storage tanks and that 17 aboulu nave been uorings S-1 enrougn B-47 18 MR. LIDDY: Objection Assumes a tact not in 19 evicence.
20 A Tnuy have not. Anu in my arfiaavit I inu1cate that tnat 21 information, the real borings, unoulu be proviuuu co 22 that we coulo asueca not only ligueraction out any otner 23 as pe ctc.
24 So to un6 wor your quencion: No, we have not been
I 163 l i
l 1 provided that inforuation.
2 Q All right. In page tour of your arridavit, in ene next 3 to the laut paragraph, about a tnird or the way down the 4 page, it sayu: "The NHC Start has extremo ditriculty in 5 understancing how the mix-up occurred in prouenting 6 crroneous boring incorcution recu a location not at the 7 plant site."
8 Docu unia rescrencu to the NRC Statt refer to the 9 tact that you navo extrece uitticulty in unuerotanaing 10 tnat?
11 A It cortainly rorlects my extreue airficulty. Anu I --
12 anu I uclieve tnat tneru woulu ce other ocubero or the 13 NHC Utart that woulu sec1 that way also.
14 0 Has anyone trou the u -- frau Consumero Powar explained 15 to you how tais mix-up occurreu cince you tilco your 16 arfidavit?
17 A I think enere hac coun a submittal attempting to explain le it. 9 c. ir you look at what is really prouentcc there, 19 at does not caplain it.
20 lta. JENTES: Lot au 90 ort une record ror a 21 coment, pleauo.
22 VIDEO OPERATOR: Stopping enu tapes.
23 (Brier ruceua taken.)
24 I:8. JEUTES: Dack on tne recora.
r O
164 1 VIDEO OPERATOR: Uc are now recording.
2 HR. JENTES: I nave nu no othur questionc. I 3 thank you very much, Mr. Kane, on behair of Dow.
4 MR. LIBBY: Ukay. Could wo go ori the record 5 tot a second?
6 (Driet discuusion hold otr the record.)
7 VIDEO OPERATOR: Uu are breaking now tor the a rest of toaay. And we will resumu 9:00 o' clock tomorrow 9 morning, the 16 tn or April.
10 !!R . LIDBY: Correct.
11 VIDEO OPERATOR: Correct. That enas this 12 tape.
13 - - -
14 (Whereupon the uuposicicn was ad3 ournua; to ce 15 continued on Tueucay, April 16,1985 at 9:00 a.m.)
16 - -
17 UlTNESS SIGUATURE LINE 18 19 JOSEPH DA!!IEH KANE 20 21 Sucueribuc anu sworn to betore me tuiu ..... day of ........, .......A.D.
22 I 23 l
Notary puulie, ...........................
24 ity ccuminuiun Exp1ruus....................
t L
r 165 1 STATE OF MICHIGAN )
) su.
2 COUNTY OF WAYNE )
3 I, Hollis M. Harriman, Notary Public 4 within and tor the County of Wayne, State or Michigan, do here 3y 5 certity that the witness whose attachec deposition was taken 6 before me in the aoove-entitlea matter was oy me duly sworn to 7 tell the truth, the whole truth, and nothing but the truth in 8 the cause aforesaid; that the testimony containea in the said 9 deposition then given by saiu witness was by me recorded 10 stenographically in the presence or said witnesu, anc 4
11 af terwards transcribud under my perconal supervision.
12 The attached is a true and accurate transcript of the 13 proceecings as rerlecteo in my stenographic notes taken.
14 I further certity that I am not 15 connected by blood or marriage with any of the parties or thei t 16 attorneys, ano enat I am not an employee of either of tnem, 17 nor financially interested in the action.
18 IN WITNESS WHEREOF, I have hereunto 19 set my hand at Detroit, Michigan, County of Waynei State 20 of Michigan, tnis 13th day of May, 1985.
21 23
. . b n b.... . h. 23.bb.
HOLLIS it. HARRIliAN, CP, RPR, C3R-2090 County or Wayne, State of 01chigan 24 My Couminaion Expires: 3-19-86