ML20153B877
| ML20153B877 | |
| Person / Time | |
|---|---|
| Issue date: | 04/16/1985 |
| From: | Kane J NRC |
| To: | |
| Shared Package | |
| ML20151D196 | List:
|
| References | |
| FOIA-87-583 NUDOCS 8805060102 | |
| Download: ML20153B877 (214) | |
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1 STATE OF !!ICllIGN1 2 111 Tile CIRCUIT COURT FOR T!!E COUNTY OF !!IDLNID 3 . . . ........ ...........
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4 Tile DOU Cl!E!!ICAL CollPANY, )
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5 Plaintift, )
) Civil Action lio.
6 -va- ) 03-002232-CK-D
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7 CollSU!iERS PoliER COliPAliY, )
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C Defencant. )
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9 )
10 The Depavision taken of JOSEPil DAi!IEli XANE, taken pursuant to Notice or Taking Deposition between Councel j, 11 for the roupective partico, beroce !!allis M. liarriman, CP, RPR R-2090, a llotary Public witnin anu sur the County of Hayne, 12 5 tate of Micnigan, at 655 Firteenth Street, 14.W. , Wasnington, D.C., on Tucuday, April 16, 1985, counencing at about 9:00 13 o' clock in the morning.
14 APPE APa\!!CES : S /
15 WILLIN1 JEUTES, ESO.
CARCL 11. RICE, ESQ.
7 16 Kirxlanc & Ellis 200 East Randolph Drive 17 Chicago, Illinciu 60601 (312) 661-2000 13 Appearing on uehalt ot Tile 00i1 C11EllICAL CO!!PANY.
19 J Cli u A . LIDUY, E30 20 ELLLM IIE ARING J AllES tlEISEnliill!ER l 21 Carris, Sott, Denn a Driker 21st Floor, First Feuerul Bul.dlag 22 1001 Woocuaru Avenue
! Octrele, !!1culgan 48226 23 ,
) (313) 065-9725 Appaating on uehair of 24 / - (J ' COliUUZiLad PCUER CC:1PAliY.
8805060102 880408 PDR FOIA PDR DARAKB7-583
m e k 167 1 APPEARA!lCES C011TI!;UED:
2 !!EIL JEllSEII, ESO.
Cl!ARLES HULLIllS, ESQ.
3 U.S. liuelcar Regulatory Couainsion Washington, D.C. 20535 4 (202) 634-1493 Appearing on ochalt or thu 5 U.S. 1;UCLEAR REGULATORY C0!!HISSIOti.
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10 W I T li E S S I 13 D E X 11 Witness: JOSEPil DAlllEli KA!!E 12 Cr osu E;tamina ti on by fir . Libby . . . . . . . . . . . . . . . . . 17 0 13 Re-Direct Ex amina ti o n by 11r . J en t o u . . . . . . . . . . . . ,. 3 3 5 14 15 16 17 E X II I B I T I ti D E X 18 l
l 19 l Exhiuit D-1713. . .!!ucor anuura unteu l-23-80 t rca L.U. Lic11er 20 to J.P. li n 19 n t . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6 21 l Exhlait 0-17 95. . . Lu:2aary or meeting taning place February 22 27 ano 20, 1900.......................... 202 l
23 j Sxnialc D-4103. . .Ducument uateu iluy 1902 trcu l 24 J. :t e 1 c e n n e A :a u r . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 7 i
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168 1
l Exnibit D-4105...Lutter cated 12-21-04 trum J.W. Cook 2 to J.G. Kopp1er.......................... 351 3
Exnioit D-4107... Transmittal or 6-11-02 trom R. Tedesco 4 to J.W. Cook; Tranunictal or ACRS Interim Report........................... 306 5
6 Exnioit D-4133...Nccoranuum cated 10-27-82 rrom (1. !! iller to T. Z ioV d k . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 3 7
U Exhibit D-4135... Trip Report or meeting helo January 15, 1980 in actucaca, Marylanu............... 195 9
10 Exnicic D-4136...Telecon record of 0-6-80................. 241 11 Exnault D-4137... Letter of 9-16-80 rrom J. Coon to 12 R. Vo11 cur............................... 249 13 Exnibit D-4138...Luttur of 11-10-81 trou R. Tececco 14 to J.il. Cook............................. 250 15 Exnioic D-4139. . . Letter of 12-2-80 rrom P. ticCallintor 16 to G. Luar............................... 260 17 Exuluit D-4140...Telecon record of conversation 18 datuu 2-11-dl............................ 260 19 Cxnioit D-4141... Letter cated 3-23-01 rrom J.W. Cook 20 to li. R. Dunton........................... 271 21 Exhibit D-4143...Meno tv Iilo Oy Durl Hoou cated 22 u-24-79.................................. 217 23 Lxnibit D-4144...Meucranaum or b-13-80 tron J. 1; night 24 to R. Touucco............................ 219 l
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i 169 1
Exhioit D-4145. . . Summary of 6-31-d0 aceting initiated 2 by D. Uo0u................................ 232 3
Exhibit D-4148. . .Rucerd of telephone conversation or 4 7-9-80 betweem J. Hand anu G. Kucloy..... 229 5
Exhibit D-4149... Record or telephone conversation 6 dateo 3-25-81............................ 273 7
Exhibit D-4150...Rocord of toicphone convetuation or 8 10-3-00 between J. Linsley anu J. Kane... 258 9
Exh101t D-4155...Trancuittal datou 7-27-81 frou J.W.
10 Cook to U.R. Denton tranuaitting tout r ec ul ts a t 111u1an0. . . . . . . . . . . . . . . . . . . . . . . 202 11 12 Exhioit D-4156...Trancmittal trou J.W. Coox to H.R.
Dunton datec 9-22-81 ano 11-24-81 13 ,
tranumitting results of soil boring anc touting progran for aux 111ary bu11oing.. 295 14 lb Exhibit D-4157... Transmittal trou J.W. Cook to li.R.
Denton of 11-6-81. Test reuults of the 16 Goil boring and testing program tot the uurvice watur pump structure............ 299 17 10 Exhloit D-4150...May 1902 Saruty Evaluation Report related to the operation of tne 19 nicieno P1 ant........................... 305 20 ExhiDit D-4159.. 0ctouer 1902 Sarcty Evaluation Report, 21 Supplement Two, Nureg 0793, relatea to tuu ci.eration or tau 111cianc Plant. . . . . . 308 22 l
23 Exhiuit CPC 1482.Lottor anu uucuuento tron S. Howell to H. Denton uatud 11-13-79............. 363 l 24
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170 1 Wachington, D. C.
2 Tuesday, April 16, 1985 3 At About 9:00 a.m.
4 5 VIDEO OPERATOR: We are now recorcing. We are 6 ceginning the secono cay of this deposition. Mr. Kane 7 is testifying in the case of Dow veruus Consumer Power.
8 Representing Dow is Mr. Libby -- I'm sor ry.
9 Representing Consumer Power is Mr. Libby. And 10 representing Dow is Mr. Juntes. And it is April 16 th.
11 8:57.
12 JOSEPH DAMIEN KANE, 13 naving been previously called au a witness hurein, ano 14 having been previously uuly sworn to tell thu truth, the 15 whole truth, ano nothing but the trutn, was questioned and 16 tuntified turther au followu:
17 CROSS EXAMINATION la DY OR. LIGbY:
19 0 Goou morning, Mr. Kanu.
20 Dotoro I begin my Croca Examination, I wanc to toll 21 you right up-tront that I have a torriole nabit of speed 22 taining. Ano li ut any time you can't unuorstand wnat I 23 uay, pleaue otop ue, or 1r 1 pronouncu some at enuco 24 technical turma wrong, pluasu stop me. Anu also 14 at i
171 1 any time you uun't uncerutand a question that I'm asking 2 you, ploaua ask me to rephrace it for you.
3 A Okay.
4 Q Ilt . Kane, when dia you begin working for the NRC?
5 A Octoner 1975.
6 0 And yeuturaay auring your Direct Excuination you 7 mentioned that tuero were various branchec of the NRC.
8 With which Branch woro you coployea?
9 A In 1975, to uy recollection, it was the Geosciencco 10 Dranch, and then that wau changed to the !!ydrologic and 11 Gootochnical Engincaring Dranch, and now it's preuently 12 the Structural and Geotecnnical Engineering Branch.
13 g Am I correct that those Brancneu by enu various naaeu 14 aru part of the ottice of NRR7 15 A That to corcoct.
16 Q Anu, in general toras, what to cho purpoco or che colo 17 ot that Dranch of the NRC7 lb A tiith the Branch or the Ortice of NRR?
19 0 The ottice or NRR.
20 A It is primarily, with scupect to nuclear powoc plants, 21 to review license applicationa cor construction ano s
22 operation or nucicar power plants. And tau Orrico or 23 NRR woulu review the cccuuunto tnat accompany the 24 licente application. Review it in the conue of
l 172 1 satistying the URC Stair that the acuign la complete 2 onougn and the construction plans are complete enough 3 enat the plant could ce caf ely conutructed anu operated.
4 Q In turas or your review for an operating license, what 5 documents are normally submitted along with the 6 application?
7 A Normally, it would be, for an operating 11conue, the 8 FSAR, wnich is the Final Saf ety Analysic Report.
9 Q Anu tu also a secono cocument dealing with the 10 environmental conuiderations also rilca?
11 A There in an environmental report. In my fielu or 12 engineering I am not involved in the ruview of tne 13 cnvironmental reports.
14 Q Gkay. In general terac, is tne tirst step in the llRR'u 15 review of a FSAR known as a completonous check?
16 A It may be known to some. I do not recognize it au that 17 term. Tocay, or at leaut since I have Joined URC, I'm ld aware or wnat's called an acceptanco review wnere before 19 the PGAR lu cocketuo the Stati will review it anc mano a 20 review to deturuine whetner it addreases all the items l
21 tnat aru requircu by tne Regulatory Guiues.
l 22 Q And thcn 10110 wing the cocketing oi che FSAR, what's the 23 next utep in cne review procuou?
24 A For -- it woulu ou coc une Start to manu a review -- a l
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173 1 somewhat cetailed review, and identify through 2 questions, which are often called round one questions, 3 any problems that they woulo have with the FSAR.
4 Q And are these questions, in effect, requests for 5 information from the Applicant?
6 A Yes. Or clarification of items that are in the FSAR 7 documents.
8 Q Okay. Then following your submittal of these round one 9 questions and the Applicant's responses, what's the next 10 stop in the review of the FSAR?
11 A Depending on the status of resolution of the questions, 12 unccner the questions have been all resolved, if they 13 have not there would be a secono round of questions with 14 the attempt to fully resolve all license items, safety 15 review items. And then the Staff, upon reaching that 16 stage, would prepare a Safety Evaluation Report an SER.
17 Q Okay.
18 A That report is made available to the public, to ACRS, 19 prior to issuance of a license.
20 Q Okay. And is the SER filed with another bocy within the 21 11RC?
22 A It's mace available tnrougn every -- every Department 23 within the NRC, to my knowleuge.
24 Q Okay. I apologize f or being unf amiliar with your
a b 174 1 procucurou.
2 Pollowing the luuuancu ut r.hu SER, it's uy 3 underutanuing that tuero'u a Public ucaring on thu 4 application ror the operating licence, au that correct?
5 A Are you ref erring to the ASLD7 6 Q Yca.
7 A Tuore la a Puolic Hearing. But I cnink the scope or the 8 Puolic ficaring la very much uupuncont on what nas coen 9 icontified in the review process. I tnink there are 10 uoue projects wuerein curtain Brancnes or Engineering, 11 tuero woulu be no aspectu wnien would be coverca in the 12 Public Hearing, it tney nave not ocon identiriod or 13 ralueu on the sarecy revluw cvaluation.
14 Q Following the preparation or the 3ER by tuo Ortice or 15 NRR -- ano what doeu DRR ctand tor?
16 A Uuclear Reactor Regulation.
17 0 What role, it any, ao you have in the ASLB or cues cne la NRR nave in the ASLa nearin9?
19 A l'a giving r.y unuorutuacing.
20 Q Un.- huu .
21 A Decause it lu a PuuAlc Ucaring, anu uccause a lot of tne 22 iuuuus and uucuuuntu in that review have Leun generated 23 oy the stati and uy tne App 41 cant, uoth parties woulo ao 24 cxpectuu to apboar uurora cnc ASLG anu prouent their
. A 175 1 positions, tnear evaluations on any luuuu that has been 2 raiaco anu luencirico as an 1tou before the ASLB.
3 Q Okay. Yesterday you reterred to -- I believe it was a 4 gentleuan named !!r. Gillon or Giller, is tnat correct?
5 A Daniel Gillen. G- 1 1- u- n .
6 Q And I ce11 eve you tuntified yectoruay that he was tne 7 Reviewur for the geocuchnical areas on tnu FSAR prior to 8 your arrival.
9 A That is correct.
10 0 Could you briorly explain to me wnat the scope of the 11 Reviewer'c job activities are? Ana I'm limiting it to 12 Geotochnical review.
13 A tio're now talking aoout what la the Gootochnical 14 Engineer Reviewer's rouponuloility with respect to 15 review or the FSAR uocumento.
16 C Exactly.
.7 A It is to review tne Section 2.5 -- actually there are i
l l 18 Geology and Scismology Sections or 2.5. Anu then theru l 19 are three sections, 2.5.4, 2.S.5 anu 2.5.6, of the FSAR 20 uucuuencu. Tucy, correupondingly, have a Section 21 iuuntiriod with thu came numuuro in the Stancaru Review 22 Plan.
23 ilha t that la 10 a listing by cne tiRC ut the 1tous 24 they woulu anticipatu ueing euvutuu in tucue Sectiona in l
176 1 the FSAR. It woulu 91vo the inrormation that woulo be 2 expected, it would give wnat tno Stati is looking for 3 with respect to being auAe to accept tue coupictenuso 4 and the accuracy of those documents. There arc also 5 additional guidance with unu Regulatory Gulces. I con' t 6 Xnow, maybe thoro's 11vo to oight acgulatory Guicus in 7 the fic1d of Geocuchnical Engineering, wnica would be 8 acontariou in the Stanuard Review Planc, anu would be 9 used uy App 11canta cor special itoco such au laboratory 10 testing, suuuuriaco invuutigations.
11 0 Do you recall wnen thu FSAR was uccketed for the Midland 12 Plant?
13 A Do I recall wnen it wau? I would have to -- I con' t 14 know the otticial uate. I would have to know that it 15 wau bercre fuoruary of 1978.
16 0 Gkay. Dous Novuuber of 1977 ring a bell?
17 A I -- I con't thinn I over heard the uay the PSAR was la coexaced. The rosson I nave caiu February 1978 is 19 becauue I know questionu woru generatau by Mr. Gillen at 20 enat time.
21 Q Okay. I bulavvu 3 cu testitled yesterday that you first 22 occane involved witu the Midland Plant in latu Aucuun or 23 iiintor of 1979, tu unat currect?
24 A In thu lato part or 1979, tast la coercut.
. L 177 1 Q Okay. Ano it you woulu turn to Plantist's Exhibit NRC 2 200, pleaue?
3 A Yeu.
4 Q I believe you lountifieu tnau cocument ycctoruay as an 5 Interagency Agreement octween ene URC and the Army Corps 6 of Engincora to aid the URC in the revicw of the Miuland 7 FSAR, is that correct?
8 A You.
9 Q I notico on the seconu page -- well, let put me put it 10 than way.
11 on the Attachuunt Guaber I, I notice on the second 12 page next to tne word Tecnnical Monitor there appodru 13 eno name J. Kane. Ana I assume that reters to you, is 14 that correct?
15 A on the cocument I hac before me -- I'm sorry.
16 !!R. J"UTES : I think, Hr. Kane, ne's retorring 17 to the Attactuacnt to the cocument, rather than the la Actter itsels or rho Agreement ituoli.
19 A Okay. On pago two of the onclosure it says Tecnnical 20 tiona tor , J. Kano. That is correct.
21 DY ilR. LIBBY:
22 Q Anu wau your role au a Technical tionitor for thia 23 Interagency Agrecaunt your rirst involveaunt witn thu i
24 !!idiano f acillcy?
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178 1 A Yeu. And I'u uaying yes boeause you recognize that this 2 is a completed cocument anu enero was erforts on my part 3 in working ou' whia Agreement.
4 Q Un-hma 5 A So, the work enat proceuuu this to reach eno Interagency 6 Agreement, I was involvcu in it beroro this time.
7 Q okay. At the time that you were engagud in the a negotiations, I gueu8, of thic Agroumont, Mr. Gillen was 9 thu Reviewer ror the Gootochnical areas at the titulano 10 alto, in that correct?
11 A I think we' re getting into tna period now where, I'm 12 sor ry, I don' t know the exact time when tir. Gillen lef t, 13 but I -- I au or uno opinion that it was bef ore this was 14 cigned.
15 Q Un- han. So at that point you wure also the Reviewor?
16 A Actually the way that it was being perceiveu at the 17 tico, tir. Gillen's review woulu ou pickou up by tne la Corps or Engincuru.
19 Q Okay. flaybe tacu that's the way to proceed.
20 Uhon you cocamu involvou with the iliulano Project, 21 at what utago in tuo review process was the Geotecnnical 22 reviuw?
23 A When I becamu involvuu with tne Midland ProJoct, I know 24 there was a curiou or quustionu tnat nau cuen auked on
179 1 tno FSAR.
2 Q Um- hum.
3 A I think they may nave buon unuwered and another series 4 of questions had been generated. So I think there were 5 two sets of questiona by Mr. Gillon, and with the 6 cirection ut nr. Hellur.
7 I unuuratano that in August of 1978, when the 8 proolen wau becoming known with tne dicual generator 9 building, Mr. Gillen anu Hr. Ile11er were oath made'kne n, 10 aware of the problem au it was ouveloping. Anu it's to 11 my knowiuuge quebclonu had been gunerated througn enuir 12 erforts, not only on the PSAR, but 'cn1 the plant till 13 probicm au it was covaloping.
14 Q Okay. Mayue I can clarity Lnat a little uit. Are the 1S two uuta of questions you've previously testified to, 16 round one and rounu two type yuustions enat you 17 contified earlier this morning 7 la A I uun' t think eney woulu identity it as, but I'm cually 19 not certain.
20 The only thin 9 I do know to that they havu enc 21 laceling nuouer, at the Lima tney were ceing Auaucu, 22 that wouAd toentity tuum au GJotechnical Enginuuring 23 questions, whien I th.'nk wao the 362 Serluu.
24 Q Ckay. Anu in acuiciun to enece quuutiona that aru part
180 1 or the norual review process or enc FSAR, were you also 2 aware when you caue on-coard that there were what I'll 3 call 10 10 CFa 50.54 (r) requesto for aumissions O
4 concerning cue requesto f or information concerning the 5 plant f ill?
6 A ilhen I came on-coara 1 W2u awaru, yec.
7 0 Ano did cho Ortice of URR navo any involvement in the 8 crafting or writing or those requesto for information?
9 A It's to my recollection that the majority or the 10 questions that wore generated wore by the Office of URR.
11 But I also uncoratand enat there were questionu Dy the 12 Region witn respect to V/ A.
13 Q Oxay. Anu 10 the Region another Branch of the URc?
14 A It lu.
15 Q And wnat's their -- in genural torma, the.: ccupu or 16 activity?
17 A The Regiunu arc located at upccial loca lons Enroughout 10 ene U.S. anu they navu an area of rouponsibility witn 19 res pect to overseeing eno actual construction or tne 20 nuclear power planta. And their colo has changed 21 enrough tnc years to wnore tnuy are cucn more activo now 22 in enu uporation of one Iceilitloc as well.
23 Q Okay. Ir you'll turn uack tu Plantatt'a Exnioit URC 200 24 ror a ucconu. I nutico on uno Ilrat pagu of thic
181 1 uocua.ut, unuur Statement of Work, a reference to an 2 Attachuunt I. Anu am 1 correct that tulu Attachuunt 1 3 sets f orth the Geope of the work that the Corpr, or 4 Engineers was to provaue for the NRC pursuant to this 5 Agrecuent?
6 A 1 don 8 t ruel the Attaenuent is couplete, in tno sence 7 cnat 1 Know cnia contract aluo covered the Dailly a Pro 3cet anu I uo not ucu that supect or this contract 9 with unw Attaennent.
10 Q Okay. Turning down to thu second page of the 11 Attachment. I notice the Section tnat beginu, Specific 12 Worx Requirementu, anu then a Subsection Ior Tack 1, anu 13 tuen sub-Taun.
14 Could you onplain to me what thau part of the 15 Agruccont wau intenuuu to cover?
16 A Tauk 1 10 luontitiud on page 20 of Attachment 1.
17 Identitius Taux 1 as coing the niolano Plant. I think 10 Tack 2 was tne Dailly Project.
19 Q Okay.
20 A Tne uuu-Taukc, with ruspect to Tauk 1, were our attempt 21 to oruak uown what vu unuorstood to 60 tne total 22 auulgnaunt enat wu werd giving to the Corps or Engincuru 23 in a trane wnero wu coulu put a ectimatuu cate that wo 24 woulu Know tnat taAu work woulu ou compleceu. So it wau
182 1 an atccupt to brean down the major tauks into more 2 identtilaule cub-Tausu.
3 Q Okay. And an I corruct that the ua3cr task of Task 1 4 was to review the information contained in the FSAR and 5 ene responcou to the 10 CPR 50.54 (r) questions 6 concerning plant fill Lot acceptance?
7 A I think suo-Taux increates that tne major ettert is in U the 10 CFR 50.54 (c) anc tne second auc-Tank in the FSAR 9 Section3 10 Q Okay. So, li l'a reading tuiu correctly, when chia 11 Agrocuent wau writtur. It wou contuaplated that the 12 outimated coupiction date ror tne COE'u revluw or the 13 10 CPR 50.54 (i) request would be around Septunuer of 14 19707 15 A Yes.
16 Q Ano caen that their -- the estinatea completion catu, as 17 ot the tino of the signing of this Agececent, was ror 10 the review or the FSAR Sectionu relating to Geocochnical 19 arcau was January or 19807 20 A That la cortcut.
21 1 think it anculd oc roccyniseu unat :.hia document, 22 which was uigno" in Septcauer or 1979, was prior to uno 23 Knowledge that theru wou going to uo a ASLD Ucaring.
24 Q OKay. And then uno tnaru Taux, it I'u reacing down on
103 1 this, wou to prepare the SER chat you previously 2 ucuctibou?
3 A That in correct.
4 Q Okay. Anc that was contemplated, at Acast at the came 5 or thu writing ci this Ageceuent, to ou Maren of 1980?
6 A Yes.
7 Q Anu then ene next one to a returence to participating in 8 ACRS meetings anu also to prepara touticony tor and 9 appear at the Licensing Douru nearings ao requirud.
10 Could you explain to ao what cnat oub-Taak involved?
11 A It is consistant witn wnac I had incicated octore, in 12 enat when an SER lu written tho document au caue 13 availaola to all Inteceutuu partics. The ACHS woulo 14 review the SER and, it they hao any quebtions which thuy 15 would want resolved bororo they woulu make their 16 recommendations to the Conniculon, the Statt woula 17 appear outor e the ACRS and 00 rouponsive to any lu quoctionu tuuy uigut nave.
19 Q Ulth whlen Agency is tne ACRS asacciateu?
20 A You cay witn what Agency?
21 Q Wull, I'm having troubic because I uon't unocratana your 22 Agency organization all that well. Are they a tucunleal 23 aavauvr to tne ASLb?
24 A To oy knowledgu, tucy cru not to tno ASLD. I think
Cf N 184 1 there'u an independence to whorv eney nave very little 2 inter rolationunip. They are a tecnnical consultant to 3 the llRC Comulusion; yes.
4 Q Gkay. And then thu final cub -- well, bef oru we leave S that: Am 1 correct that oc least at the clue tnat enia 6 docuuent was writton, the cucinatuc coupletion date for 7 the Corps or Engineers' participation una their review 0 proccuu of the ACRS, as well as preparing and appearing 9 tor testitying during the Licensing Ilearing was June of 10 19807 11 A You're referring nuw to the coupletion cato for Item 12 Four?
13 Q Tnu actimacea complution cace --
14 A You. -
15, o -- au of the time oL Writing of this Agrecuent.
16 A That 10 cortcet.
17 O Then 1 notice that the sitch ono is to review and 10 evaluato any unretoivoc or open luuucs icentificd in une 19 SER ano also souc otner information. Could you explain 20 to ou what nuo-Tusk rive contuuplateu?
21 A It at tne end or cnu . . ,
tnure were any unreuolvco or 22 open iteau, it woulu t..ean that une questioning anu the 23 JER wou unacau to tully cucolve, it was anticipated by 24 this suo-Taus Laat unu Corps woulo utill uo involveu,
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f luS 1 occatue of the experience tnat they had gained in the 2 review up to this time, to provido recomuenuations to 3 resolve thouw open itemu. So it was intended to hanule 4 that eventuality.
S Q Prior to cne untry of thia Agruoment, La I corruct that 6 the review or the persona involved in tne roview of the 7 FSAR and the 10 CPR S0.54 (t) questions zur the NRR 8 would have been nr. G111un and Mr. !!cijer; is that 9 correct?
10 A I take it that you're talking up till Septembut 21st, 11 1979 in the rielu or Geotecnnical Enginworing?
12 Q You.
13 A That 10 correct.
14 Q And when you replacou Hr. Gillen as the Revicwor, how 15 diu you ocucate yourcult concerns the previous history 16 of tho site concerning Gaotechnical areas?
17 A I tninx you've inoicated I've replaced Mr. Gillen. I la thing I have incicatuu that it was perceivoa that the 19 Corps of Engineerc would replaco Mr. Gillen, taal I 20 woulu ce the Technical Honitor of their contract.
21 0 That's what I was meaning to get at. But isn' t it a
- 22 ract when you came on-coaru ab a Tuchnical llonitor that 23 the COE replacua Ur. G111cn as the Reviewer? !
24 A It was perceived that the cuin or the review or the i
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186 1 documento that wuro available, the FSAR and the 2 50.54 (t) documents, wou1J ce tuviewud by tuu Corpu of 3 Engineers and I would assist them in thdt rQview, but 4 the'; were to co the ua3cr part of tne review.
5 g okay. Mr. Kane, let me ahcw you a document, which I'll 6 ack thu Court Reporter to mark as Defendanc a s Exnibit 7 1713, and ask at you can luuntify that document, pleauo.
8 (Exhauit D-1713 memorancum 9 dated January 23, 1980; trom 10 L.W. lic1Aur for J.P. Knignt.)
11 A The cocument that I have is a memoranuum trou Lyman 12 Uc11er to Jameu Knignt cated January 23rc, it appears to 13 be, 1980. And the suoject in Status of Geotecnnical 14 Review of Miulano anu Bailly Plants by the Corpo of 15 Enginecru.
16 BY !!R. LIUDY:
17 Q Ano were you copleu on this accument on or about January 18 28th, 19807 19 A Excuse me, plecuu?
20 Q Did you recorvo a copy or this cocument on or about 21 January 20th, 1980?
22 A Dy the alstricution, I cia.
23 0 1 noticu enac in ene cecono paragrapn or chic document 24 tnere's a returence to the target cato cor tau letter l
)
- 107 1 reporto from the Corps outlining unresolycu issuuu ano 2 reconuendationo for che recolutions or botn plants tor 3 12-79. An I correct that's a returence to what was 4 Adentified ao Tack Nuuber One, uub-Task Nuccur One, in 5 Plaintatt'a Exhibit NRC 2007 6 A No. I woulo take it that what is indicatud nere would 7 us suu-Tack one, walen hac the corresponoing date of U 12-19.
9 Q Okay. And au I corruct that at leaut as of January 10 28th, 1980 the Core o or Engineurs had not completed 11 their -- all risnt, had not coupleted uub-Tank Number 12 Onu?
13 A You are correct, ir your question is asking uo had the 14 Corpa coupleted uuo-Tusk Ono by 12-79; they haa not.
15 U Okay. And caued on your puruonal knowledge, hau,the 16 Corps of Engineer -- Corpo ct Engineuru coupleted their 17 review or the 10 CPR 50.54 (f) responuos ca of the 18 writing or thic accoranuum?
19 A I woulo like to take the time to reau caiu docuuent.
20 MR. LIBuY: Sure. Go can go oir tuu record 21 VIDC0 OPCRATOR: l'a stopping the tapes.
22 (DricI recouu tation.)
23 VILCO OPERATOR: nie are recoruing again.
24 BY 3R. LIBBY
O
- O t 18u 1 0 Do you recall ny question?
2 A 1 would ack you to repeat it.
3 HR. LIBBY: Could you road oack thu quoccion, 4 pleaGe.
5 (Wheruupon unu queution was reau cack.)
G "O Okay. Ano bacuu on your personal knowledge, 7 nau tnc Corps of Engineer -- Corpo or Enginecra a completeu their ruview or the 10 CFR 50.54 (t) 9 rouponcou as of tau writing ot this memoranuuu?'
10 HR. LIBDY: I'u uuttur reparate thiu then.
11 BY HR. LIDDY:
12 g After reacing enau document, ao you recall whetner or 4
13 not the Corps ut Engineura hau completuu uub-Tauk Number 14 One as of eno writing of tnis memoranauu?
15 A The document itself 0000 not specifically auuresu tuac.
16 It uous talk about tau ci:ticulty tne Corps was naving 17 with respect to putting tne manpower on ene Midland lu Project, anu so I woulu nave to answer that it appearu 19 tnat they nad not at enis time.
20 Q And an I correct tnat, ut Acast as uut torth in this 21 ceuorandum, tn at tne Corps of Cnginuorb nau to uniu cate 22 only auulgneu one Reviuwer for Dutu tue Dailly anu the 23 Urolano ultcu?
24 A I do not navu tuat intergrutation arter reading this
169 1 document. I interpret that -- in the laut sentenco, 2 tnat cue people tnat wure ueing identified on working on 3 both ene Hialanu and tne Dailly Pro 3ect were five 4 peoplu.
5 Q Okay. I uoe down at uno uottom that you' re ruterring to 6 wnat purpor to to be a contact outwoon youruult anc tuo 7 Corpu where you woru uuviceu that five persons would be 8 asalynod to review the work Doing dono on tue Bailly anu 9 thw !!iulano Projects, is snat correct?
10 A At this true, ycu.
11 Q Okay. Anu prior to January 21cc of 1980, now many 12 umployees or tuo Corps or Engincurs were involveu in the 13 review of botn enoue raciliticu?
14 A It woulu be tache rivu plus one other. And to av 15 recollection hiu name 14 Jocepn Kuutnuki.
16 Q And olu tir. Kucincki uubsequently leave the itoview Team?
17 A He dio.
la Q And prior to January 21st, 1980, what uocumentu nave 19 coon provicou to those rivo Reviewora, ir you recall?
l 20 A It was my recolluccion tnat enu 50.54 (t) anu FSAR r 21 docuuunts nad cuen sent uitectly trom Consumera to the 22 Corps or Engancuru.
23 0 All rignt.
l 24 A 1 hau proviuuu une Corpu or Engineers witu the occumento
4 190 1 that we woulu une in our review, which were tne Standard 2 Review Plan and cne acgulatory Guices. Anu I tnink I 3 uade an attoupt to idunctiy any corresponuence that was 4 needed and that nad pruccucu unia work on the tituland 5 Project.
6 Q Okay. And 3ust ror the record could we Juut run enrough 7 these five naueu. Who was Mr. Lawhead?
6 A Ile is a Corps of Engineer cuployee at tne Detroit 9 District Orrice. I think he's more an Auuinistrator 10 than a Technicui Reviewer.
11 Q And uid you interface with Mr. Lawhcad?
12 A Soveral tiacu.
13 Q And based on your relationunip with him wnat was nis 14 role in ene review or tno 111uland FSAn and 10 CFR 15 50.54 (t) responues?
16 A To uusist the Corps or Enginecru and the tiRC in uanaging 17 the pro 3uct, ano that the Detroit Diutrict nad been le given tnia work trou the Cerico or Chief of Engineers, 19 and Detroit wau now trying to asavuble their Starr. And 20 I tnink lir. Lawhcco was inutrumental in launtifying 21 wnich people would De working on what projects.
22 Q Cnay. And the next gentleman'u name is John Grunustoru 23 anu it's ocalgnatou au Ccotechnical Engineer. tihat was 24 lit . Gruncutoru -- la it Grunuutoru?
191 1 A Grunuctorm.
2 Q Grunautorm's rolu in reviewing the Hiuland FSAR anu 3 10 CFR 50.54 (i) ruaponues?
4 A As of this dato?
5 Q Yoc.
6 A 1 don't think 11r. Grunuctoru was involved au of this 7 oute. I think he was involved with the Dailly Pro]uct.
8 Q Okay. And the next name ic Mr. Ron Erickuon. What was 9 his role in ene review of Miulanu FSAR and 10 CFR 10 50.54 (r) responuou as of the cate of tulo munoranoua?
11 A It'a uy recoAluetion that Mr. Erickuun is a Geologist 12 anu hau uegun tne review of the ooring inforuation that 13 nao been proviuuu in the FSAR and 50.54 (t) documents.
14 l'a yuite cortain that tne Corpu' requect tor accational 15 uoringo came, in thu largu part, Iron Mr. Ericxson's 16 review.
17 g Okay. And next gentluman liated iu a Bill Otto, lihat lu was hiu role, II any, in reviewing tne !!1clanu FSAR and 19 10 CFR 50.54 (I) ruuponues?
20 A It's my recollection enac !!r. Otto was the uenior uccuor 21 of the Corpa or Enginuur Staf r, was the Chier or the 22 Soilu Doulyna Sectiva ror the Corpu ot Engineers. !!o 23 wau involveu in ene review, ut one tiuo was preparing 24 ceuticony for uno or the -- I thinK it was tne clucci
192 1 generator building suction. Ilo was involved wits some 2 ruview, but more au a Suporviuor os cartain Corpo of 3 Engineer employecu.
4 Q Okay. Anc the nuxc naue -- I'll probably miupronounce 5 thiu -- is Putur Kytaucy?
6 A I unink that'u correct.
7 0 Anu what was nia role, is any, in reviuwing the Midlano 8 FSAR anu 10 CFR 50.54 (t) questions and reuponses?
9 A I have a teoling at this time Mr. Kytasty was also not 10 involved witn the Midland Project, that no may havu boun 11 aukud ror work on.cno Dailly Project at thlu tico.
12 Q So was'!!r. Ericxuon Lno primary Corps or Enginect 13 umployeu involved in the review or thu tiidlanu FSAR anu 14 10 CFR 50.54 (t) ruuponceu au or thu time that tnic 15 memoranuum wau writtun?
16 A lic wau not. The primary one, I enink up to this tico, NubmW) 17 was tir. KytaeDf, NhnsA lu Q Okay. And at ter -- ano did tir. Kyt2uty 1cavo signt 19 arounu January of 19807 20 A It appears f rva this letter, trom tnic ceuoranuum unut 21 eno Corpu' auviuing un that on January luta no is about 22 reauy to ue coau=19ned. So it'u occurring near unio 23 time; you.
I 24 Q Anu I also notice that the uumo inuicateu tnat !!r.
t
193 1 Grunuutorm's going to tako over his responuiollity of 2 Leac Reviewer, is that correct?
3 A It it lu -- it would appear tron thia uccorandua that 4 that's what was inuicated, but it's uy knowledgu that
,.r1 5 !!r. Grunuutorm(atujncvue assume the Lead Revicwer 6 reuponsibility ror the ilidlanc Pro 3cet.
7 Q Okay. Hr. Kuuinski, he wau Lead Reviewer for both Dailly 8 and fliciano?
9 A I think no.
10 Q Anu who replacuu niu when ho ciu leave or was 11 ruassigned?
12 A With respect to Hidlanc, the one who replaced Mr.
13 Xuuinski was !!r. Ilara Singh. S-1-n-9-n.
14 Q And Mr. Singh then became the Loco Reviewer ror tno 15 !!1dland Pro]oct?
1G A That is correct.
J 17 Q And what wau tuo relationunip uotween tir. Singh ano tir.
lu Erickuon?
19 A Tney botn worked in une uace section under Hr. Otto.
20 0 Okay. Woula itt. Sinun te a superior of tir. Erickson?
21 A I woulu say co-workor.
22 O Co-wor ko r . Okay.
23 II you'll turn to the cecono i. age of unia occument --
24 voll, facut of alls Wha t's ycur s ulationship -- wndt h
e 194 1 won your relationship to Mr. Uclior at une time that 2 this ucmoranuuu was written?
3 A I was a uomber or the Geotechnical Engineering Section, 4 which Lyman Miller Wau tho Section Loader. So I was in 5 his Section and he wau my immediate Supervisor.
6 Q And he was in unargo -- well, maybe in cnarge au a' poor 7 uolection of worus. He wau a Section Leador tnat was 8 analynod to the Hiulanu Project?
9 A I don' t think Mr. Heller was over assigned to the 10 hicland Project. But in niu role au Superviuor, ha 11 would bucono involved with all the pro 3cctu.
12 Q Okay. And I notice up at the top or tnis utstement that 13 Mr. Heller notou that, "I outimate unat the review 14 subtask ochcuule given in the contract will uo dolayed 15 oy aucut thrue monthu sinco the Corps is juut now 16 beginning their review."
17 Did you agree with that estimate at the tine that 18 this memoranuuu was written?
19 A Bauod on tnu internation that was ouing furnauned to us 20 cy tuo Corps, you.
21 0 nr. Kane, I'u next Aino to nono you a uocument, wnien 22 I'll auk tne Court her orter to mark ac Deronuant's 23 Exnibit 4135, uno aus ir you can identary tniu uccuaunt, 24 please.
195 1 (Exnibit D-1435, Trip report of coeting 2 held January 15, 1980 in Bethosos, 3 Marylanc.)
4 BY hH. LIDDY:
5 Q Ana, just ror tne record, Mr. Kane, it there'u any time 6 that you want to reau through any of theco cocuments, 7 cincu we've got the cupu rolling, just say uo anc we'll 8 stop tne tape.
9 A 1(ell, a lot ot it ueponoa on wnat the questionu are. So - -
10 Q Okay.
11 A So I would taxe the clue anc read every document and 12 then find out tnat you only have a very orlet question 13 on it.
14 Q Okay.-
15 A So I think you coulu nelp ce with to what extent you're 16 going to ask questions on ento document.
17 Q Okay.
la VIDEO OPERATon: Do you wian me to pause the 19 cape?
20 A I think I'm essentially completeu, Luc I coy go cack to 21 it 14 you dGKou.
22 DY MR. LIDBY:
23 Q Oxay, ny titut gueutron tus can you idencity tuiu i
4 uccument, please?
l u
196 1 A lt to a cocument that nac buen preparcu by Mr. Willian 2 Lawneed from the Corpu or Enginuurs. It apparently is 3 hia record or a trip report of a neuting that the Corpo 4 or Enginuers hau with the tRC on the 15th ot January, 5 1980.
6 0 And I notice that you' re 11stuu an an attencoo at tne 7 mooting. Do you reco11 attunuing uuen a uouting?
8 A Yes.
9 Q Ubat was une purpuuu of the meeting?
10 A I think li you 99 back to your one Exhibit with reupuct 11 to the Corpo, wu allowuu for citu vialta to Getnesda to 12 muut with unu Corpo to ciscuou tne scope or thu review 13 anu the progreso tnat was being mace Dy the Corps. And 14 this wau one or thobu tripu.
15 g Well, let uo uco it I can unuorutand it a little ait.
16 Tau Corpu os Engineers normally did not pa rticipa te 17 in the review of FSAR's, la tnat currect?
10 A Ho. I oun' t thinn that'u quite corruct, in tnat the l ') Corpu or Engincoru was not ouing arougnt on ror the 20 marst true lor an FSAR review.
21 0 Um- hum.
22 A It's to uy knowleuge tnat there were provluuu Corps or 23 Engincors sontracts prior to cnis wnero thu Corpo hau 24 ceen involveu in PaAR ruvicws.
197 1 Q Au part of your coAu, enough, to euucate tnem in tno URC 2 review procuou?
3 A Yes.
4 Q Anc that was to f amiliariau them with those review 5 documenta that you previously testified to taiu morning?
6 A Yuu. And to olacuus wnat our major objectives were.
7 Q Okay. I notice uown at the botton of thau uocument ,
O there wac a section whicu lu laoullud narrative and it's 9 also nuubered numuer rive. Do you see that section?
10 A I do.
11 Q I intenu to auk you aoue quoLtionu about this section.
12 Houlu you like to reau it?
13 A I think you can go aheau anu ask your yucutions anu I'll 14 answer.what I can, and thun it I nueu to I will read it.
15 Q Okay. I notico in the rirst paragrapn or tnis section 16 there's a roterence to a Mr. Haruy CCE. Was ne an 17 employee or the Corps or Engancers?
18 A Hr. 11ardy was. Mr.11aruy was tron the Otrice or Chier 19 ot Engineers in uushington, D. C.. The contract that 20 NRC nas ic ucce with the OCU orrico, so Mr. !!aruy tu 21 involvec as one that's hanuling the contract ror the 22 Corpa of Engineeru.
23 0 Accoruing to the racoting notes, Mr. itarcy assou you, it 24 appearu, to expAaln why tuo Corps or Enginoers was
198 1 requuuted to alc in tuu review of thu Hidiano and uailly
- 2 Projects. And the succing notes anuicatud that you 3 iniurned nim enat thoru was a lack or in-houue 4 Gootochnical vanpower to handiu the projects. Do you 5 see that retorence?
6 A Coulu you repuat yvur titut question, pleaue --
7 Q Okay.
U A -- about what Mr. haruy referrea?
9 0 Do you soo the returence in tuo meeting notes to lir.
10 Haruy roguenting an explanation oc why tno Corpo of 11 Engincoru was going -- neoucu to participate in the two 12 NRC pro 3ceta, Maulano and uailly?, ;
13 A Yes. But I tuinx it collows the statement enat Mr.
14 Scilor opunca the uuuting. Go I think the yuuution was 15 core alrectou to Mr. Ile11er, who had been involved in 16 the pro]cct.
17 Q Okay. I'm sorry. But, in any event, thu necting notch 18 uu inoicato that you respondeu to that question, is enat 19 correct?
20 A I don't tool that what I'm inuicating la a rollow-up to 21 ilt . II:rdy's stateuunt about one ano a hair yuaru. 1 l
22 unink what I'm incicating lu why at has been explaincu 1 23 to no we aru going to tac Corps of Engineurs for 24 assistance.
'i 199 1 Q Okay. Anu au 1 correct enat the reccon you aru going to 2 the Corps or Engincurs was that the NHC at this point in 3 time lackeo the in-housu gootecnnical nanpower to handle 4 the projects?
$ A That is correct.
6 Q Ana yustorday I testiziod, I believe, that at least part 7 of the scauon ror tnat was that of thu proposed remedial 8 tixes at tne Midlanu alte, la that correct?
9 A ;leil, I thin 4 I inoicateu tnat it was becoming apparent 10 to tnu peo.lu tnat nad been invoivoc with the Mauland 11 Progee; taa. cae extent oi enu problem wau wicespreau.
12 Q Um .u.u.i.
13 A ,\nu it wus celt tnat it was going to ou a -- an
( 14 2xter.uive review, uucn uoro enan wnat was normally 15 incurred with other plants. Now, on that occia the 16 uccision was nauu to go for an incupuncent consultant 17 such as the Corps ut Enginecru.
10 Q Okay. If you would turn over to page threc, wnlen la a 19 continuation ci cne narrativo auction ilvo. Anu I'u 20 particularly intorentuu in tne cirut rull paragrapn or 21 tnat page.
. 22 1 notico cauc ut. Lawhcco inuicacca tact tnoy were 23 incorucc that the AL lira BuchteA, sur Consuuera Power, 24 covering the niulanu Pru]ect --
eacuse uu, was also
6
- 200 1 portoraing the niolanu conceruction work and then it 2 uays (cuen-key arranyucunt).
3 Are you familiar witn the cura turn-key 4 arrangemont?
5 A Coulo I ask you to wnat paragrapa you're roterring to, 6 please?
7 Q It'u the first bencence in cho ueconu paragraph on pago a three.
S A I ou not undurutanu unut Mr. Lawbeau acanu Dy Law 10 turn-xey arrangeuent.
11 o exay. During your experience in reviewing ochur 12 projects or generally in the nuclear area, havu you cvor 13 hear une tiru -- or teru turn-koy otrangeuent?
14 A 1 con' t taina 1 have.
15 g Okay. I next notice that theru is -- appearn to bc 16 discusulon or at Auact utructures wheru chore's eituur 17 recountzeu settlement or the poesiullity of cattlement.
Ib Do you suu cuac uenconce?
19 A Coulu you reter uo to tne specaric paragraph, pleaue?
20 0 Again, uucono paragropn, tne next ocntence, reauing as 21 rollows, "We uiscuoueu tuu actticuent or the Midlanu 22 Dicael Cencratur Bu1Ading (apparent ua]or cettlement 23 pr oolen) anu apparent setticaent pt obica.1 at other 24 uulluingu anu racilables (turatec Water Tanks, Service
201 1 Water Pump Duiluing, a portion or the Auxiliary 2 Builuing, anu the Puwl 011 Storage Tanku) .
3 A I see that quoution.
4 Q Ano do you recall that, in aroud strokov, they werc 5 inrormed or the -- either tne settlements at the Micland 6 alto or the poubible settlements at the Midland situ 7 during this mucting?
8 A I think I -- I think wnat la being retorted to nere is 05<ing 9 wnen Hr. Gillwn was ' auxea to l eav e --
T 10 Q Um-hna.
11 A -- he was auxou to writo a status report. And I think, 12 it my recolluccion as correct, that status report was 13 identifying encue items.
14 Q Cxay. Anu uld the statuo repurt also set fortn wnure he 15 was at in has review or the various itema?
15 A Yes.
17 Q Anu uo you know whether that status report to utill in lu existence?
19 A I uninn it 10 Anu I think -- I think everycooy uno has 20 uoon involveu with this proceus nau, at onu tico or I 21 anotuct, got a cupy or it.
1 22 Q Okay. I'm not nute I've scen a copy, that's why I was 23 aaning.
24 nr. Kane, next ist ue snow you a cocument, wnica
6 202 1 I'll auk the Court Reportur to unck au Detenuant's 2 Uxnioit D-17 95, and aan it you can identity tho 3 document, ploaue.
4 (Exhibit D-1795; Suumary of nueting S taxing place February 27 anu 20,1900 ,)
6 A The uocument that I nave is iuuntitiou as Exhibit D-1795 7 and it appears to be a suuuury by Neal Genring, wno in S with thu U.S. Army Corpo or Enginuurs, of a moucing enac 9 toon place at the titulano site on the 27 th, 20th of 10 February 1980.
11 BY OR. LIuBY:
12 Q Do you recall actunuing suen a scuting?
13 A Yeu.
14 0 Anu was tnia the iniciaA cito visit ot thu Corps of 15 Engineer employeeu?
16 A No, I don' t uning it wou cho initial. To my 17 recollection, Mr. Kubinuxi ano Mr. Erickuun nad attenduc 10 oack in uovember of the prucouing year.
19 Q Okay.
20 A do tnis au cne suconu one. I would cay this was uno 21 rirut aaln unu.
22 O Ckay. Anu wuat waa the pure ocu or tuiu cite v131t?
23 A To acquaint une Corpa ut Engineer jerconnel ultu the 24 Haulanu Licu, tuo probicuu cuat wuru coveAoping, unu
203 1 91vu the opportunity to the Applicant to upcate born the 2 Staff and tnu Corpa of Engincura on -- on the renecial 3 uvasures anu une problems tnat hau been shown to 4 uovelop.
5 Q And it you'll turn to enu laut page or this uocumunc 6 tneru's an attundou's page. Ana it migne nelp you to 7 retur to the previous page which appears to be an 8 outline or the uuoting on nc 27th and the 20tn. I'd 9 Just like to run quickly turough thu various attundoeu 10 at this meeting.
11 I noticu at tnw cotton or the sucund page theru's 12 returence to rive inolviuualo f rom tne U.S. Corps or 13 Engincuru. Do you suu todt?
14 A Are you talking about page 50203a3G7 15 Q Yes.
16 A You. I co ceo it.
17 Q okay. Anu I notice two nuw naava eneru. First or all, la hr. Gehring. iiau nu at this point in time invoAvou in 19 the CoE review ol cne Maulana FSAR responsub to the 20 10 CPR 50.54 (t) responuou?
21 A !!r. Genring's poJ1 tion )k with tne Corpa or Ungineur is 22 Projuct ianager.
23 Q Un- nua.
24 A So it 13 my unuorutunuing unat Ltr. Centing nau coun
s 204 1 involywu uince the beginning; not in a tecnnical revicw, 2 but in managing tne project.
3 g Okay. And down at the botton i notico a returence to a 4 P. !!adala?
5 A ilhat was (tr. liacala's colo, if any, in ene ruview on the 6 tildlanu PSAR and eno 10 CPR 60.54 (t) responcoo?
7 A Decause or nia exportiac, Doctor Paul Hodald wuu ackea 8 by tuo Detroit District to asuict then in the review of 9 the carthquako engineering aupects og unu flidiano 10 Project.
11 Q Ia tir. Hadala a suluuviogiat?
12 A No, hu'a not, to my knowluuge.
13 Q Is ne a geologibt?
14 A To oy nnowicuge he lu a geotecnnical engineer.
15 Q Ckay. Ana then 1 noticu Just to the signt or tne 11ut 16 or U.S. Corps or Engancer personnel is a reference to 17 E-Tec. Do you Know wnat that roterence signifieu?
la A You. To my underutancing it woulo uo the coil -- excuse 19 ce. It woulo De tne consultantu trou tnu E-Tec cirm, 20 wnicn are consultantu to enu NRC, !!acnanical Engincuring 21 Branen.
22 Q CKay. And woro tuuy also uusving da consultantu on 23 hulpin9 in tuo ruview of the FSAR?
24 A In tuu !!cenanical ingincuring Dranen, you.
. 205 f
1 0 cxay. Anu that would not navu cuen witnin che scope of 2 your reviuw activittuu?
3 A Tnat la correct. Tnero was anotner contract, to uy ,
4 unuuracanuiny, witu the Hecnonical Engincuring Branch.
5 Q Okay. Tnen I also notica uown hero at the bottom a 6 rescrencu to the U.S. Navy Wodpond Cantor. Was that 7 organization also vaployed ao a consultant in the reviuw e or the Hiciand FUAR?
9 A It was. Ano it was witn tuu Structural Engineering 10 Branen.
11 Q And that, again, woulu ce outuluu the ucopo of your 12 review activittuu?
13 A That la correct.
14 Q CAay. - Do you know which enployue 01 tne NRC woulu nave 15 Deun the Technical Monitor for the E-Tec agreement?
16 A Yuu. At that clou it was Anthony Cappucci.
17 Q And now about which NRC employee would have bwan the i
la Technical Honitor ror the U.S. Navy Weapona Center 19 contract?
20 A It would be Frank Rinalci.
21 Q I also notico up in the car rignc-nano corner a 11ut at 22 consultantu. Do you Juo tnat list?
23 A You, uit.
24 Q Anu the 11rst naue on theru is h. D. Puck. Diu you
~
206 1 uocouc f auiliar with Mr. Poex's involvumont in the 2 romuoial collo esturts at hiuland?
3 A I dic.
4 Q And, titut us all, 10 nr. -- or boctor Peck a recognized 5 geotecnnical expert?
6 A You.
7 Q Anu wnat was his roic in tne reneolal taxos, casou on d your uncorutancing?
9 A Doctor Peck is a consultant to Dcchtel anu to Consumera.
10 I woulo think you woulu know his role better than I 11 would.
12 Q Uell, Just for the recoru, since I'm not a11cwou to 13 tectify: Dio no nulp in colecting certain 11xcu tor 14 come of the soils probleau at the ultu?
15 A Tne reason I'm habitating in because I'm not sure wnat 1G Doctor Peck's total involvement wau. I am awarc that ho 17 was involveu with tas uurcharge program with tue uiusel 18 generator builcing. I'm not sure or the extent or his 19 work with othuru -- other structures.
20 Q Okay. Just uo wu're clear I'm juut asking lor your 21 unuurutancing or nia role.
22 A 04ay.
23 0 Tau nuxt laut is ;1r. A. J. henuron. Do you bue knat 24 roterence?
l -
207 1 A Yus.
2 Q Anc la !!r. lienuron also a geocccunical concultant?
3 A lie was to -- to uucatui. I alco uncurstano tnat Doctor 4 !!andron'u backgrouno is not -- 1 guous I'm heuitating 5 Decauuo I'm not sure. Ills cogree is n/kingeology /-
6 initially and then -- tuon was in geotechnical 7 engineering. So hia backgrouno, to my uncuracanoing, tu 8 not Just in gootecnnical ungincuring.
9 Q okay. Do you know wuctnur ne's consluorou a recognized 10 expert in the area or geocuchnical sciencch?
11 A Ho'o recognizeo aa a prominent consultant.
12 Q And banco on your work with the fliciano Pro 3uct, wnat 13 wau his role in coaling with enc wolla proulema at 14 !!1ciano?
- 15 A Doctor Peck -- excuse uo.
16 Doctor Honoron, in nas consulting work cur Duchtel 17 anu Consumers, provided testimony at several or enu 16 11uarings on several ulsrurent otructures. So ne ulu 19 review tne councation uccign or several structurus.
20 Q Okay. And the next list -- or nuxt person on thu list 21 is a C. 11 . Couac. Do you know in wuat area Mr. Goula's 22 exputtiau lies?
23 A In unourpinning.
24 G And basuo un your invuAvuent in tuu alulanu Pro 3uct,
- r. 4 '
i 200 i 1 what was fir. Gould's roic in reacuying the till probleus ;
2 at fladiand?
3 A To ray knowledge, lit. Goulu was involvuu entirely in the 4 uncorpinning uvauurvu sur the auxiliary bulluing and 5 then I think it extenuou it to the service water puup 6 structure.
7 Q And the sinal nauu un the 110t or conuultants in H. T.
8 Daviuson. iihat'u tir. Davisuun'a area og expertiac?
9 A Doctor Davisson as rucognixed Ior his prominent 10 knowledge in piles, pile dusign. ;
11 Q And based on your involvement in Hacianu, what was !!r. I 12 Davisuon's or Doctor Davisuon'u -- I'm corry, rolo in 13 remeuying the fill proolema et Midlano?
14 A It la my reco11oction that Doctor Davioson was involvtu !
15 in soco or the earlier propose , ror the service water 16 pump utructure.
17 Q Okay.
10 A I'm not sure to wnat extent beyoaa that.
19 Q Okay. And my neat guestion is to aux you -- wcil, Ivc's i 20 uo at tain way: Do you roca11 tnat enure waro ;
21 pecuentations maco oy certain euployous or CPCO ano l t
22 Dechtel concerning the status or tne uito invuotigation ;
23 anu proposuu reaccial sixcc as of Fuoruary 27tn and 24 23tn, 1960 curing tala ucating? j
209 1 A It au my sceolluccion that ooch the consultants ano 2 Consuuuru anu Duchtul capicyuuti maco presuntations.
3 Q Onsy. I'u going to swaten pilus on you sur a second.
4 If you would tako in front or you -- and koep 8
5 Defendant 0 Exnibit 1795 in tront of you. If you would 6 Lake in tront of you Plaineitt'a Exhluit, CPC 2044 and 7 Plaintatt's Exhicit CPC 386. And you may -- althougn d I'm not suro you'tw going to want to retor to it --
9 retur to your prepareu tuctiuony or Duccaber 3ru,1981 10 whien has buen iuuntitieu as Plaintatt'a Exnibit ilRC 11 301.1.
12 A The one tnat I have nuro tnat you havu placud on tne 13 taulo in 1106, you're not rorcering to that one now?
14 Q Hot now.
15 MR. LIDDY Let's 90 ott the recoru lor just a 16 uecono.
17 VIDEO OPERATon: I'm utopping the tape.
lu (Briut recoup cakun.)
19 VIDEO OPERATOR: Wu aru now recording.
20 DY lla. LIDD7:
21 Q Hr. Kane, uo you now have chocu Exnioits in trcnt of 22 you?
23 A I now navo thruu exhaulcu in grunt or mu, yuu.
24 Q Hr. Manu, youturuay uuring your Daruct Exeuina?.lon you
o .
210 1
1 woro questioned concerning, I bu11cvu, it was four 2 propocale to rix cne peculeus or the t111 concath enu 3 uluctric penetration acues of the auxiliary builuing.
4 Do you unoccutanu -- do you recall that?
S A 1 do.
6 Q CXay. Anu resurring to Plaint 1ft's Exhibit CPC 2044, I 7 Delieve that you luontAried tuiu uocument in your 8 preparou testimony of Documuer 31st, 1970 as 9 transmitting the -- excuuo ou, initial provocal cor 10 rumuoying the till probleu in thu auxiliary building i
11 area, tu that correct?
12 A 1 woulu like to scret to tuu testauony wouru it was 3 13 caccussuo.
14 Q Okay. Anu I think ir yoo'll turn to question oleven anu 15 answer eluven, tnat'u tne relevant part of your 16 testimony.
17 A On what page au that, picace?
lu Q Page uluvun.
19 A I woulu like to go orr the recora anc ruau thic.
20 HR. LILD*l a Suru.
21 VIDEO OFLRAiOR: All right. I'm going to taku 22 tuiu opportunity to change tapcu. Tnac au cnu und or 23 cape threu.
24 (Drius roccus taxen.)
~
211 1 HR. LIDBY Lut's 90 oack on ene recoru when 2 you're ready.
3 VIDEO OPERATOR: This 10 the ucyinning of tape 4 tour -- excuse me. Wait. We' re having a probles.
S Let'a go uack and utart again.
6 This is the ooginning of tape cour. We are now 7 recording.
6 DY UR. LIBBY:
9 Q Mr. Katio, havo you nad a enance to review thouu 10 doeunentu?
11 A Yes.
12 Q Okay. Ano let's try it this way: Referring to your 13 preparea ecceluony cated December 3rc, 1981, wnich is 14 identitled as Plaintirr's Exnibit NRC 301.1. And in a 15 particular answer elovun-a, I see a rererence there to 16 the original rouedial measure peoposed by Consumers 17 Power concerning tho auxiliary bu11 ding, which in 16 ruporteu in Interim Report 6, June 11,1972, MCAR 24.
19 Can you identify Plaintitt's Exhioit CPC 2044 au 20 that cocument?
21 A I tuinn I nave to correct soueching that you have 22 inuleacud. You8ce reccering to it as my testi:auny. The 23 documunt truels ned the tescluony of Darl Hooo, Jeuupn 24 Kane, and hari Singh. Un page chree, at tne cottoa or
r 212 1 cno titut paragraph, it incicates Mr. Singh preparco 2 queutionu Q.11 througn Q 16. So the one you're 3 referring to me is not my tecticony, it's Mr. Singh'u.
4 Q Okay.
5 A And I'll be glad to answer your quencion.
6 Q Okay. Can ycu icentity Plaintirt'a Exhioit CPC 2044 au 7 a letter from nr. liowell to Mr. Keppler which transuitu 8 Interim Report Nuacur 6 to MCAR 24, which contains the 9 original CPCO proposal concerning tne aux 111.ary 10 ouiluing?
11 A That is correct.
12 Q Anu am I correct that thiu original proposal sirply 13 involved removing the unsuitable oackrill materials 14 under enu EPA anc tue FIVPu and replacing that uoil with 15 loan concrete?
16 A I have a little proolem with your word simply. That 17 would be no cauy task.
18 Q Okay. I gueou I une sluply au a relative connotation 19 with tno reut or then. But uiu I accurately decuribo 20 wnat too proposed reoudlal rix was?
21 A Yeo.
22 Q Anu did the Corpu -- well, actually tnia proposal woulo 23 havo cuen prior tv enu u19ning or the Agrecuent witn ene 24 Corpu or Engineera, la tnat correct?
213 1 A This meeting anu enta occument precedea che involvement 2 ot the Corps of Engineers, tnat is correct.
3 Q And at this time the review or this proposal would have 4 been carried out oy !!r. Gallen?
5 A Under the direction or Mr. Heller -- Doctor lic11er.
6 Q Ano do you know rrom your personal knowledge whucher any 7 preview of chio proposal was uncertaken?
8 A It would be my recollection -- I shouldn't say 9 reco11cetion. It would ce my interpretation that it was 10 caueu on questiona that I know were asked.
11 Q Ann .to tuone questions involve requesta for accitional 12 ints . nation concerning this propocca rix?
13 A To uy recollection ene questionu tnat I have in mino are 14 tne ones that oo auk questions on the proposed tixeu; 15 yes.
16 Q And to your knowleuge aid the URC ever inforu CPCO that 17 this proposed rix was lupractical?
18 A To Gy Knowledge, NRC clu not infora enat it was 19 impractical. To ay knowiecgu, NRC raised questions 20 during tuiu period on tnece rixes.
21 Q Were those quantionu requentu tot additional 22 information?
23 A And clarirication or inforuation that tney were 24 receiving.
l
l 214 l
l 1 Q But, in any evonc, the NRC never uirected CPCO to 2 abandon the original proposal?
3 A No, they old not.
4 Q Turning again to lit. Singh's answer to question nuucer 5 cloven I notice in paragraph B a reference to a coconc 6 proposal for reuedying the problems with tne till in the 7 auxiliary building clectrical penetration area, whien 8 appears to havo Deen prudented at a meeting on July 9 18th, 1979. Do you see that returencu?
10 A I co.
11 Q And returring to Plaintitc's Exhibit CPC 306, in tuiu a 12 copy of the aucting noccu trca that aceting?
13 A It woulu oc ay uncoratancing that what la inoicateu on 14 page cleven or the Statt's testiwany and what la being 15 referrod to au enu July 16, 1979 acuting, is the 16 attachacnt to CPC Exnibit 386.
17 Q Okay. Anu an I correct that tuiu secono propoual l
lo involveu placing caiusons uncerneadi tne cutor edges of l
l 19 the wings of the EPA anu replacing tne till bencath tae 20 FIVPu witn loan concruto?
l 21 A Tnat la correct.
l 22 O And turning back to butenuant'u Exniuit D-1795, which l
l 23 purports to be notou crom a aucting or uito vialt on 24 February 27 tn ana 28tn,1900, was it thiu propoual enat 1
1 l .
. 215 1 was presentud to the Corps or Engineeru curing tnat nice 2 vicit?
3 A You're now referring to page twelve, paragraph D?
4 Q I'm reserring to the caiucon proposal. And let me just 5 see it I can maku it simpler.
6 At the tiuo at the ulto visit on February 27th and 7 28th, 1980, was the propoual being prostered by 8 Consuuuru Power Company the uane caiucon approacn unat 9 was initially presented to the NRC on July lath, 19797 10 A It would be my recollection that it wau.
11 Q Ana I notice if you'il turn tc toe tharo page or, thouu 12 meeting notes --
13 A- Which Exh1Dit?
14 0 of Defenaant's Exnibit D-1795.
15 A And what pagu, picaue?
16 0 If you'il turn to the thiro pago et the meeting noteu.
17 Do you see a section numbered six, marked conclusiono?
la A You.
19 Q And I note in the rirut sentence of tnat that Mr.
20 Gehring utaten au rollowu "Tne propoced mixes appeatuu 21 to be generally accepted penuing review or cueue oeuigns 22 when they occaue availacio to cne NBC."
23 Do you uncerutand wnat Mr. Genring was attuapting 24 to coamunicato with Onat btatement?
~
216 1 A I think you read when they became available. I think 2 the word is becobe availaulu.
3 Q I'u sorry. Thank you.
4 A Anu I think what Mr. Gehring la indicating in that 5 information is expected and it it's complete enough it 6 has potential ror being acceptacAu.
i 7 Q So at least as of Peoruary 27th 'ano 20th,1980 the Corps 8 of Engineers hadn' t ruled out the caisson approach as an 9 acceptablo remeuial rix?
10 A I don' t think tuo Corps or Enginecro ever rulco out the 11 caisson approach. I chink what happened was questions 12 generated oy tne Corps with respect to certain design 13 aspects resulcod in Consuucts changing their design.
14 How for the reasons that weru -- enere were changeu, 15 were never made known P.o the HRC. We were, in tact, 16 made aware that there was a enange with the ruasons not l
17 being given.
l lu Q Okay. Well, let's exploro that a little bit rarther.
1 19 Do you have any personal Knowleugo concerning why 20 the various changes in the proposed remudlal rix in the 21 auxiliary building were uaco?
22 A I think it would noip ce to unuurstanu between what 23 changea are you roterring to.
24 Q Okay. Lot's take the rirst trou the initial proposal to
. 217 I tne secono proposal on July 18th,1979. Do you have any 2 personal knowleugu concerning why thure was a switch 3 trom the initial proposal?
4 A And it's ny uncorstanding by the initial proposal we' re 5 talking aoout removing the plant- fill beneath the G electrical penetration urca.
7 Q Rignc. Anu replacin9 it with lean concrete.
8 A And am I aware ut the reasons way it was cado.
9 Q To the caisson approach.
10 A I au not.
11 0 lir. Kane, lut ue shcw you a cocument, wnich I'll ask the 12 Court Reporter to mark as Derenaant's Exnabit 4143, and 13 ask you 3uat initially it you can identity thiu 14 document, please.
15 (Exnioit D-4143, tiemo to rilo by 16 Darl Hood catec August 24, 1979.)
17 A I would like to taku time to road this docuacnt, picaue.
18 MR. LIDDY: Sure. Let's go orr the recoro.
l 19 VIDEO OPERATOR: We're Eduuing tape.
! 20 A I have reau the uocument that you havo given ue.
1 21 !!R . LIUDY: Okay. Let's go cac4 on the 22 recoro.
23 VIDEO OPERATOR: We are now recoruing.
24 bY 11R. LIDBY; i
218 1 Q Can you luontliy this document ror me, please?
2 A The document tnac in Acuntifica au D-4143 nau buen 3 initiateu by Dari licou, Project Manager tor the tituland 4 Pro 30ct. It's dated Auguut 24th, 1979. It's a ucuo to 5 the files and it is recoraing an internal meeting on the G utatus or titulano coil settienent.
7 Q Okay. And do you recall whetner you've ever uoen chiu a docunont prior to your coposition today?
9 A I prooably have soun it. I don' t recall ever using it 10 in ray review.
11 Q Okay. I notico in the second paragraph there's a 12 rererence to a Mr. Knight. Uho's fir. Knignt?
13 A At thin time, :1r. Knight in the Assiutant Director ror 14 Systeus -- actually l'u not going to make the proper --
15 it's f or componentu and cyateus. Anu it's a AD-snip 16 within the Diviolon or Engincuring.
17 0 Okay.
18 A The Branches that -- tha?. Structural anu Geotechnical 19 would be involved in, woulu bc under tne supervision of 20 lir. Knignt.
1 i
21 Q And I notico in unat paragrapn that lit. Knignt is 22 reportcu to have utateu tnat: "Tnat principal toennical l
l 23 colucions propoucu uy tau Applicant 1 )r tuu na]or 24 structurco appear to oc baalcally cound suen that
. 219 1 properly implemented eney can ce expected to provice tor 2 acequate structural rounuation support."
3 Do you know which -- ano limiting it to the 4 auxiliary building at tniu tiau - proposed Ilx Mr.
5 Knight woulo nave been rererring to wnen be wrote chla --
6 or Mr. Hood would have ueen rescrring to wnen he 7 reported nr. Knight's comuentu?
8 A I do not. Anu I see that no one from our Section was at 9 tniu meeting. So, I don't think I ever discussed it 10 with anyonu in our section.
11 Q Okay. Let me next unow you a document -- and if you 12 vant, I'm through witn tnose uocuments, so you can clear 13 a little working space -- wnica I'll ack the Court 14 Reporter to mark au Derenuant'u Exntuit D-4144, and ask 15 if you can identary the occument, pleasu.
16 (Exhibit D-4144, lieuoranuum of June 11 ,
17 1980 Irom J. Knight to R. Tecesco.)
la A l'a going to give bacn to you the onea I can' t neeu. I 19 am ramiliar witn tne occument you have nanued me.
20 BY MR. LIDDY:
21 Q Anu, for the recors:, could you identify this cocument 22 ror uu, pluace?
23 A It la a memoranuuu cated June lith -- excuse me, June 24 13th, 1980. Prou Januu Knight to Rouert "cucuco, botn
9
- t 220 i
1 of the NRC. Itu suuject au coqueut ror adoitional cield 2 explorationu anu informdtion.
3 Q And is this royucst ror adattional information ene --
4 related to the COE'u request for additional Dorings?
5 A It coes contain the Corpo or Engineeru' requeut ror 6 additional borings, you.
7 0 I believe ycotorcay tnat you testified that tnis request 8 Ior auditional boring: was one of the early requests f or 9 information; in that corruct?
10 A I think I incicateu enac it war. one of the earlier 11 ottortu of the Corps of Engineeru; you.
12 0 Prior to -- well, let's do it tais way I notico, ritst 13 of all, that there's an Enclosure 1, wnich is identitiec 14 on page two or the cover memoranuum au having been 15 prepared, at least in part, by yourself; in that 16 currect?
17 A Yeu. It incicates tnat J. D. Kanu, prepared it f rom the 18 review comments or the Army Corpo of Engineers, Detroit 19 Diutrict.
20 Q Ano it you'll take a look at Enclosure 2, I see a secona 21 ueuorancum which appears to be a letter trom Mr. P. A.
22 ticCalliuter to a Mr. a. E. Jackuon enclosing wnat 23 appearu to Do tne COE'u requeut ror adultional borings; 24 la that correct?
s .
. 221 1 A That is correct.
2 Q Just ror a accond roturning to tne front page of this 3 cocument anu, in pa rticular, the rirst paragrapn. I 4 notico a roteronce to an initial request for additional 5 boringu made by the COE on or about March 27 th, 1980.
6 Do you see that retorenco?
7 A Yeu, 1 do.
U Q Ano does that coincide with your recollection when the 9 COE initially made their requeut for uuoitional coringa?
10 A Daued on chas cocuuent, my answer would be yec.
11 Q And then subsequently, baued on this cocument, the COE 12 prunentoo you with a revised requect f or tnese 1.' auditional borings, dated April 16th,1980; is that 14 correct?
15 A That is correct.
16 Q Anu am I correct enat Enclosuro 2 to thio meno la the 17 COE' u request ror additional oorings?
18 A 1 nositate because the uote is obscure. I think it io.
19 Q Uell, to clear enat up If you'll resor back to tne 20 rarut paragrapn of the cover meuorancum, I unink 11 you l
l 21 road tne rarut paragraph that there's a reterence that 22 Enclocure 2 10 a copy or the April 16tn, 1900 letter.
23 A Where are you roterring to?
l l
24 0 ficut paragrapn, rinal centencu. You may have tu road l
l l
1
T 4
222 1 the centence lumeuiately above it.
2 A' Yeu. On that baulu it would appear that Enclosure 2 13 3 the one catec 16 tn or April . Q Okay. Turning to 4 Enclosurc 2, I suo that on the accond page or that S enclosure enere is a uubparagraph numourea eignt which 6 indicates -- la lebelled auamary or requesteu orilling.
7 Do you have that ceetion in tront of you?
8 A Yes, I do.
9 2 And Just to run through thiu quickly. Am I correct that 10 that the .nitial -- well, let's do it this way.
11 could you orierly review that uunnary and tell me 12 whether that uuumary accurately reticcts both the number 13 and tuo location or the borings requestuu by the COE on 14 or about April 16th, 1900?
15 A I woulo navu to say it coes occause it in their 16 docuacnt.
17 Q Okay. Am I corrcct that, Lar example, on the DGB area, la that the initial C00 request contemplatuc that tour to 19 cix holes woulu be utilled about the perimeter or the 20 building?
21 A That la correct.
22 Q Anc that ror tne auxiliary bu1Acieg tney were 23 conteupiating coat two noluu woulu be drilled in that 24 arca?
.y 223 1 A That is correct.
2 0 And ror the cervice water pump structure, or service 3 water building as it's retorenced there, that the COE 4 was requesting that one boring be taxon in tnat ares?
5 A That la correct.
6 Q Ano um I also correct tnat tac COE at this point in time 7 won also requesting that borings be taken in the dike B itself?
9 A Yeu. But it you also road Paragraph E, the Corps in 10 also inoicating borings tourteen and tietoon in the area 11 of the retaining wall at the curvice water pump 12 structure. So there are other Dorings that you have not 13 discussed.
14 0 Okay. .I agree tnat I've selectively picked out cortain 15 locations.
16 If you'll turn to the last document in this 17 onclosure, there appears to be a achematic of the dike l
18 area with circleu ano nusuers written on them. Do you 19 have that in cront of you?
I 20 A It 10 identitled as page 966220237 21 Q You.
22 A Yes, I do.
23 Q. And do tnouu circles represent ene lveation; or the 24 coringu tnut tuu COE wau requesting in the dlko arca?
~
224 1 A Initially, yes.
2 0 Turning to Enclosure 1, an I cor rect that you prepareu 3 this cocument?
4 A Yoc.
5 0 And I notico that on the secono and thiru pages of 6 Enciouuro 1 -- well, mano that the accono page. Thero 7 la a chart which is luentilieu au Taule Q 362.19-1. Do 8 you havo enat in tront or you?
9 A I co.
10 0 Anu just so I'm clears la this a chart setting toren 11 tuo location, cepth, caupiing technique, loo testing 12 technique, and anticipatua purpose Ior tne coringu that 13 have buon requestuu by cne coE7 14 A Yes. With tno qualitication enat the location is cne 15 general location tot thu -- for this particular 16 structure; yes.
17 Q Okay. And if you'll go down to the dicuel generator 18 bulloing, and enu rinal column enat's labelled 19 Anticipatou Geotechnical Enginuoring Stuuluu to ue 20 Required.
21 A You.
22 0 Am 1 cor rect the purpoue ror taking enouc ulx borings in 23 tne area or LGD was to alu in cue cocermination of 24 uuating capacity, secclement, anu piping distortion?
. 225 1 A That in correct. .
2 0 And reterring to tue aux 1 Alary ouilding, underneatn that 3 same column, ma I correct that thu purposo for 4 requesting the two borings in tne aux 111ary ouilcing 5 area was to help in design of cho caisson foundation?
6 A That is correct.
7 0 okay. And going to tue service water pumpa structure, 8 am I correct that the purpouc ror requiring tne boring 9 in that area was, again, to aid in the review of the 10 ceuign of the piles rounuation design?
11 A That is correct.
12 O Ana going next to the retaining walls, Ior tho two holes 13 that were to ou utilled in the area or the retaining 14 wall, that wuc to aid in a determination of the 15 staoility anu the uuttlement or the retalning walls?
16 A Tnat la correct.
17 0 And am I correct that the retaining walla tnat are 18 rorerrod to here are the walla betwoun the -- both the 19 service water pump structure anu the circulating water 20 in-take structure anu the cooling pump?
21 A That au correct.
22 Q And, rinally, re1 erring to the cooling pond emoankments, 23 am I correct that the coven holea enac were requestou in 24 the ulke agua were to aiu in a actermination or tne
i ,
. . I 1
s
~
226 1 ulepe staoility ano the tield cot:paction acequac) or the 2 oikeu?
3 A Tnat is rignt.
4 Q nr. 1.ane, if you'd next taku in tront or you a document 5 that'u been previously markod as Plaintlii's Exhibit NRC r
6 215.
7 A tiill we ue returning to thiu cocument?
8 Q No. I think it should De right -- the next one in the
'9 pile.
10 A l'a uorry. Tne nunuer again, pleaue?
11 0 PX NRC 215.
12 A I have NRC 215.
13 Q Ano um I correct that this in ene transmittal letter 14 that-was uneu by tne NRC to transmit the Corpu of 15 Engineers' request tur tueue auditional coringu?
16 A That is correct.
17 Q Anu that requent wau transmitted on June 30 th,1980, 10 correct?
19 A Yes.
20 Q So Detween the time uhun the Corps initially presented 21 their request tor borings anc the time when the request 22 was actually trancuittco to CPCO, approximately now aany 23 contac nuc tranupirec7 24 A Are we talking about ene npr11 16 th revisou date which
227 2 the Corpa reuubmitted to us anc the June 30th?
2 Q That's fine.
3 A So, it'd be two uonths anu fourteen days.
4 0 Okay. And --
5 A Frou the date at the docuuento. It doesn't necessarily 6 mean wu receiveu it on April the 16 th.
7 Q Okay. Just so I'm clears What type or activitieu would a have been taking place between the initial reyucut from 9 the Corps of En91ncurs and the submittal to CPCO?
10 A I think li you look at ene Corpu' uubmittal, tue borings 11 in the cooling pond as tney proposed wuru not tne ones 12 that were ultiuately cent to Consumerc. So tnore was a 13 serica or meetingu recogniting Consuuurs' position with 14 respect to those uorings that URC attempted to utucy and 15 cecide what their position would be. That occaue 16 rerlucted in the June 30th, 1900 occuuent. So there wau 17 a series of acutings cetween Geotocnnical and Itanagement l
i l
1 18 capiaining what the Corps wantcu, wnat they cult they
(
l 19 neeued the inrormation tor, anu in-nouuu ulacuusionu l
20 with respoet to wnet extent or tne cooling ponc lu 21 Selumic Category I.
22 0 0xay. Let'u got into that for a cucona.
1 23 Am 1 correct that the HRC'u juriuuiccion is 24 gunorally limiteu to Solumic Category I structures anu l
e 228 1 uyuteus?
2 A I woulu hesitate to say guriulction. It's that the 3 Revieweru in identifying what aspects ot plant ceuign 4 and construction we will review, would tocus on those 5 structures which are neeuuu to saroly chut the plant 6 down in uno event of a major carthquake; the SSE, the 7 safe unutcown carthquake. And so it is that 8 clacuification wuich makes it Category I.
9 You indicatua enat IJRC's jurisuiction may be only 10 relateu to that. I think it uncompauses more, but that 11 has a special screty significanco.
12 0 Okay. And am I correct aluo that tne dike tor the 13 cooling ponu is -- contains cotn non-Q anc Q listed 14 portiono?
15 A The cooling ponc provicca cooling water ror normal plant 16 operation, uo it has that significance.
17 0 Un- nmu.
18 A Tnere to a portion or the cooling pund wnica is calleo 19 eucrguncy cooling water pond, whica is a ueeper pond 20 wicnin tne overall main ponc, which proviceu susticient 21 water to unut the plant uown in the event or an 22 cuergoney.
23 0 Um-huu.
24 A That la calluu thu euurguncy cooling water ponu drea ano
. 229 1 that would bo tuo portion of the cooling vond which hau 2 ocen identified anu agrucu to within URC au being the 3 Soisule Category 1 portion of the cooling pond.
4 Q Okay. Anc au I correct enat when the Corps ot Engineers 5 initially nace their requent ror borings, sone of the 6 Doringu were located in what weru calleu the non-Q 7 portions of the alko?
8 A You.
9 Q Anc was there some quection as to whether that was 10 appropriate?
11 A There wau.
12 Q Okay. Anu was that questioning couang frou CPCO or 13 wicnin the NBC itselt?
14 A 1 think it was botn.
15 Q Okay.
16 A I think it became more pronouncud within NRC wnen it was 17 recogniacu that Consunors was naving chia carriculty.
la Q Okay. Lot no next show you a cocuncut, wulen I'll aLX
! 19 the Court Reportur to uark as Deronuant'a exhibit 4148, l
20 and ask ir you can icentity tnis cocuuunt, plonuo.
21 (ExhiDit D-4140; Recora or colophone 22 convursation or 7-9-80 outween 23 J. Kanc and C. Kuoley.)
24 DY llB. LIDBYs
230 1 Q And I apologiac at the ueginning tor the poor quality of 2 the pnotocopy.
3 A I won't couplain uince I initiated it.
4 Yes.
5 Q Anc what is chic cocument?
6 A It is a recora of a telephone convoruation that I 7 initiated atter discuuulon with Gil 1:eeley f rom Consumors 8 on 7 -- it appears to be 7-9-80.
9 Q And what wau the subject of thin telepnone conversation?
10 A I was recponuing to Gil Keeley, blu previous coluphone 11 requent of Mr. Schwencer, for clarification of the June 12 30th, 1980 letter trom tmc to Conauuors.
13 0 Anu am I correct enat nr. Keeley was requenting tnat an 14 immediato acocing be held to ciscuss enis request for 15 accicional coringu? ,
16 A That au correct.
17 g Ana au I also correct that you cidn' t believe that that 18 ucccing shoulu oc hela prior to the transmittal of 19 cortain information trum the Corpu of Engineers?
20 A I -- what the record snovo is that I Inoicated a meeting 21 woulu be benomicial, uuc should not be ceneduled until 22 Conauuoro had reculved the Corps or Enginecru' carety 23 ovaluation coumonta, whien wili cover cutalia alrectly 24 related to the Junc ou',n lutter. And the reason tor
l
. 231 1 that tu the Corps, as I anticipated, would submit thcar 2 comments cetailing the utudios they ielt had to be 3 completed using the borings inrormation, anu ao it would 4 help Consumers to underutano what the Corps expcots from 5 the sampling that was to uo perf ormou in those boringu.
6 Q Okay. Let me refer you to Plaintat4's Exhibit NRC 303, 7 which I think is prouably the second document in that 8 pile that'u rignt in front of you. It's 303.
9 A Thiu one?
10 Q It's prouauly the one right bulow it.
11 A Yes.
12 Q Okay. Do you have it tront of you?
13 A 1 do.
14 Q Anc in this, la ruct, the Iceter trom Mr. Scnwoncur to 15 Mr. Cook transmitting the acuitional information that'u 16 rufwrenced in your tolucon?
17 A That's correct.
I
! lu Q Ano when was chu inrormation tranuclttuu to CPCO?
l 19 A It's dated August 4th, 1900.
l l 20 Q Anu approximaculy how long was tais attor the l
21 conversation with tir. Kuuluy?
22 A This woulu bu inoicatuu July 9th, av at wau juut luus 23 cnan onu montn.
24 0 Okay. Do you recall whether or not a ucoting was l
l l
m . l 232 1 actually nold prior to the tranuuittal of that 2 aduitional information?
3 A Whicn -- whicn one are you now returring to?
4 O The August 4th,1980 transmittal.
5 A It'u my recollection we did have a uueting in July.
6 Q Oxay. Lot me show you a document, whicn I'll ask the 7 Court Reporter to iduntity au Plaintiff'u Exhibit -- or a strike that. Defendant's Exhiott D-4145. I torgot 9 which sidu I was on ror a uccond. Anu ask it you can 10 identity thiu docuuent, please.
11 (Exhibit D-4145; Summary of 6-31-80 12 muoting initiated by D. tioco.)
13 A 1 have une cocument in iront og ne that you have 14 iduntitled au D-4145.
15 SY MR. LIDBY:
16 Q And coulo you launtity that document ror the recoru, 17 please?
IU A It 10 iniciated by Darl 11000, Project Manager for the 19 !!1ciano Pro 30ct, catuu January 6th, 1981. Ano in 10 a
, 20 uummary at a July 31st, 1930 muoting on ene start i
21 request zur acoltional soll uorings anu testing.
22 Q Ano turning to Enclouuru 1, I see tnat you' re 11ccuo as 23 an attunueu at that .acuting, la cnat currect?
24 A That is correct.
233 1 Q Anu do you recall attoncing talu aceting?
2 A Yes.
3 Q And an I correct that Enclouure 3 la a copy of meeting 4 notes prepared by Mr. Tairuvengadau of CPCO --
5 A That is correct.
6 Q -- or the necting?
7 okay. Turning to page eignt or taat, or Mr.
8 Thiruvengadan's acccing notou, I notice a rescrunce to 9 statement Puck. Do you coc that statement?
10 A Yes.
11 Q Anu ic that a rererence to a preuuntation caco uy Doctor 12 Pock?
13 A 1 would assume it lu.
14 Q Anu you uay want to refer back to the June 30tn, 1978 15 letter. Ilhat reyuout wou Doctor Peck responding to in l
l 16 making this prusentation?
17 A I am looking ror the June 30th, 1900 letter. I'm not 18 sure or the Exhluit number.
19 Q It's Plaintitt's Exnioit NRC 215.
I 20 A l'u uorry. I uo have it.
21 Q Okay.
22 A It would bu ay uncerutuncing that wuat is ouing tororred 23 to on page eight or uno January 6tn, 19d1 uuanary or the 24 July 31ut ueuting la itema Unu to Four in URC Cxnioit 20 - -
1
- 234 1
1 1 excuse ue, 215. Anu tuoy would appour on tne tirot anu 2 secono page.
3 Q And are those identifica ao observationu tnat migne help 4 CPCO cetter uncerutanu enu need for these borings?
5 A Could I ask wuere you have?
6 Q I'm rererring back to Plaintitr'u E:thibit tiRC 215, wnich 7 la the request catea June 30tn, 1900.
8 A You. And the proccuing centoncu before Itemo One to 9 Four cues state: So tuut you might cetter understand 10 our position we otter the f ollowing ooservationu.
11 0 Oxay. And au I correct that --
and you auy need to reaa 12 this portion or the meeting notcu -- that Doctor Peck 13 casagroec with the neeu ror taking thoco corings?
14 A I don't have to read this to know enat enat to correct.
15 0 And based on your inuopenount recollection, wnat wac the 16 baulu of Doctor Pocx's cluagrecuent?
17 A In aumuary of wnat I can recall tnat Doctor Peck's 16 position was, la tudt nu felt the :lelo ooservationu on 19 ene uurcharge program were bottur enan any lacoratory 20 cata tnat we woula outain anc ho diu not reul tne need 21 ror that laooratory cata.
22 Q And am I correct that eno Corpa of Enginecru casagrouu 23 with that position?
24 A That 10 correct.
f
1 i
i
. 235 1 0 Anu they felt that -- what ic it, se ttleuent preutetionu 2 caued on lab saaples woulu be more accurate?
3 A I think Doctor Heller acuroused this in a previouu 4 cocument enat I have seen when there was an Appeal 5 Mocting in August of 1900.
6 0 Um- nmu.
7 A Doctor Heller initiatuu tue Statt's presentation. But I 8 think the words enat he used were we don't tec1 it's 9 going to replace che fielo data, but 1L will ue a 10 supplement to the racid data.
11 O Okay. And turning over cu page fourteen of Mr.
12 Thiruvengadau's aceting notuu, I see tnure a recponce oy 13 Mr. AIsti to a question -- otrike cuat. I'm in tne 14 wrong upot.
15 Let's go over to pagu eightuen of Mr.
16 Thiruvengadau's neuting notes. And, in particular, I'm 17 referring to a section which is lauelleu discussion or lu accitional coringu adjacent to enu auxiliary cuiluing 19 eluctrical penetration areas ano cervice water pump 20 structurco and rutaining walla.
21 Do you have that in tront of you?
22 A Yes, I do.
23 O Anu an I correct Lnat Mr. Thiruvenyacau caue a 24 presentation uuting enic r.uuting incicating wny he
l
~
236 l 1 believed that the borings in thoue three areau were not 2 necduu?
3 A I would like to taxe unu time to reau it.
4 Q Cure.
5 HR. LIDBY Let's 90 ott the recoro.
6 VIDEO OPERATOR: We're pausing tapo.
7 (Drict recess taken.)
8 VIDEO OPERATOR: We are now recording.
9 BY HR. LIBBY:
10 0 Anu my question ius Do you now recall that Mr.
11 Thiruvengadau -- wno l'a going to roter to au Thiru ror 12 ene root or thic coposition, ir you don' t mino -- aade a 13 precentation concerning eno reacono.wny he telt that la theco borings were not neuduo?
15 A Thu inoication on pagu eigntcon givua une reasons why 16 Itr. Thiru -- Thiro -- l'u going to say the same thing as 17 you -- Thiru collevua they were not needecs yes.
la Q Ano what was the bacia or bis belief that tney weren' t 19, nuauco?
20 A That une caissons theuceiveu, when insta11cu in tne 21 rield, would be giving inturnation unat the Corps telt 22 woulo ue gotten croa laboratory testin9 23 Q Okay. Anu turning rinally to the page cuency or tueue 24 cacting notus, I seu a rutoruncu to a prouencation by
237 1 lir. Wanack and Mr. Sibbald concerning the need ror 2 taking boringu in the cooling pond dike. itculd you like 3 to road that before I usk you questions about it?
4 A Perhapu you coula ack ano enon we'll sco if it's 5 nocucuary.
6 Q Okay. Do you rucall tuat those gentlemen cia mako a 7 presentation setting torch tno reasonu why CPCO relt 8 that these ooringu were not nocessary?
9 A I casi recall Mr. Wanzek's. I do not recall (tr.
10 Siboalu'c.
11 Q Okay. And do you recall what the uaura or their collet 12 that those boringc wore not necuouary was?
13 A For taking the Dorings in the cooling ponu uike?
14 0 Yes.
15 A I think I shoulo read it.
16 11R . LIDDY Oxay. Let's go ott the record 17 again.
la VIDEO OPERATOR: We' re pausing tape.
19 (Drict recous taken.)
20 A I have ruau it.
21 MR. LIUDY: Okay. Let's go cack on ene 20 recoru.
23 VIDEO OPERATOR: lie uru now recoruing.
24 DY MR. LIDBY
230 1 Q Having ccad thiu portion of the aceting notes uo you now 2 recall what CPCO's pocition was concerning tne naccuulty 3 of taking tacce boringu?
4 A I cou uy the summary oy Mr. Thiru, whi Jr. Wanzuk and 5 Mr. Sibbald Leit that the diko -- the dike oorings were G not noccuuary.
7 In looking at the seasonu now I woulo unink ~~ I 8 would say uone of them are not applicabic for wnat I 9 unueratood ene purposu of the boringu were.
10 0 Let's start out with this: What were their reasons to 11 began witn?
12 A The titut one lintuu lus The diko has boun analyzed 13 extonuivuAy ror utaullity ano that'a been provided in 14 the FSAR. The reason I cun' t think that la applicablo 15 is becauco what we're out to acteupt to ruuolve in 16 wnother cne dake han ueen coautructed au cenigned and
\
17 analyaca in tav FSAR. The question is on the density ot la the fill. So the rirst un2 coes not, in my outination, l
19 go to the Corpu' or the Stafr's concern.
, 20 Q Okay.
l 21 A The second one: The cake wou uuilt unuar a citferent l
l 22 apucarication. I undorutand tnat to be a uitterent 23 coupaction control apucification, wnich zu a uutuou 24 apoeirication. Tniu specitication rullou on a uuthou of l
l
239 1 compaction, sucn ac eno nuuuor of pasuou of rollers, 2 litt -:1cknusu. What thiu is incicating is tnat therv 3 was a differcut way of controlling the till T,or the 4 placement of the diko. Anu my answer to that would but 5 Uc recognise enac fact, uut we're utill trying to 6 iuentity what is the duncity of the fall in the uixe.
7 The next one was: It was built by a citterent a contractor. It wou a large utructure, heavy equipment 9 was used with very 11ttic hano-hulu equipment ano, 10 thercrore, resultou in a better control. I would 11 Indicate that this, au utatud nuru, shoulu also reouir 12 in the better dunnities which we were actuapting to 13 prove witn our uorings.
14 Honitoring or cettlemunc, twenty-seven in numbur, 15 uhow no signtiicant ucttlemunta. I think this is a 1G ractual ooservation.
17 Scheduled semi-annual inopections are perrormed by
! 10 walking the entire dixo to occorve swepage, staollity l
l 19 prooleas, -Joulon. Tnat tu a nocesuary part of any
, 20 water rotention utructure, cut it coco not always reveal 21 the true conoition of the dido.
l
! 22 Piczonotoru located in the d14u are ruaa monthly i -
23 anu show utaulo leveau. Tnat Information woulo uc 24 neeuuu, tau luvul vi tne water table in tuo uixu in any
4 240 1 utabillcy analysia onco you had determined what the 2 density and uoll propertloc of tue ulku wuro.
3 Sevural corings in the diku arca during 4 construction shcwcc concicerably better uatorial than in 5 the Cacogory I till. Drilling noles at tulo cuage might G reuult in a potential lor damage due to nyaraulic 7 tracture resulting it ulke railure, In our deposition 8 or Doctor Peck, it wau agreed that you coulo concuct 3 these ouringu without the concern tot hyoraulic 10 tract'uring.
11 Q Have you also adceu in why you dron't reel those wetv 12 important conuicurations when you've coon answering thio 13 guoution?
14 A I think the only one tnat I skippec was nuouer seven.
15 Q Okay. Woulu you 11xc to aud somutning on nuuoer acven?
16 A It's incicating enat coveral coringa in the dike area 17 during construction uncwec connicurably better maturtal lu tnan Category I call. I would have to quuution why.
19 It's supporting the cake, but why is it better tnan 20 Category I till?
21 So it only -- it only re-capnauincu cy prouleu with 22 the coupaction or the Category I call.
23 0 Okay. Ana at tne und OL this aceting au I correct that 24 . the NHC Start utill cellevuu undt the borin9s wore
241 1 necusuary?
2 A fle're now talking about the und of thu --
3 Q July.
4 A -- July meeting.
5 It was -- it wau tne position or the NRC Stati and 6 the Corps of Engancoru at the enc of tuiu meeting that 7 uorings were still needed. I think I've indicated tnat a the cucuoquent final cociclon by the NRC changed the 9 location or corings in ene cooling ponu.
10 y Okay. And ciu you uncorctano Consuncru Power'u position 11 to be at thia tiau tnat baLod upon the recoumendations 12 of their consultants that they ulan't scel theso boringo 13 were necessary?
14 A Anu I thinx you're now recurring to not Just tac cooling 15 pond, but all?
16 Q All of tnum.
17 A That in correct.
lu Q Hr. Kane, let me next anow you a cocument, woien I'll 19 ask the Court Reporter to udra as Derendant's Exhioit 20 4136, ano ack it you can identity this coeuaunt, please.
21 (Exniutt D-4136; Telecon recoro of 22 Auguat 6, 1900.)
23 A To my knowledge, I nave not coun unic document curure.
24 I woulu 11ac to taxe tau true to reau At.
- 242 1 !!B . LISBY: Sure. Let's 90 otr the record.
2 VIDEO OPERATOR: t/c arc pausing tape.
3 (Brier receos taken.)
4 A I huvo reau your docuacnt.
5 I4R. LIDBY: Okay. Let's go bacx on the 6 recora.
7 VIDEO OPERATOR: Just a minuto, please. ilu're 8 now rucoroing.
9 DY lla. LIuBY:
10 Q And can you iuentity tatu docuacnt for the recoro, 11 please?
12 A It la a record ci a telepnone convercation recorded by 13 Gil Keeley oacud August -- the telceon appears to have 14 taken placu on Auguac 6th, 1900. Anu inclucco Dari Hoou 15 of the UltC ano three muuuere of Conuuuers Power Company; 16 Dennis Budzik, Jamco Brunner, ano Gil Keeley.
17 0 Okay. I believe you stated that you've never seen thio 18 docucQnt DOEoce.
19 A 1 don' t rucaA1.
20 0 Okay. Do you recall whether or not on or aoout August 21 6th, 1980 the HRC was informeu that cho CPCO had cecadoc 22 to appeal cho Statt'a uccision to procceu wicn the 23 boringu?
24 A I was aware ar tur tau July cueting that Consuuers wou
. 243 1 going to appeal; yeu. I'm not sure whetner I knew it on 2 August 6th.
3 0 Okay. Ano is thu appeal proceoure a recogni cd 4 procudure witnin thu URC?
5 A Yeo.
6 Q Ano I notice in enu ceconu line roteranco to peruonnel 7 who shoulc be pruaunt, inclucing a Hr. Lear, a Mr.
O Knight, and a Mr. Vollmer. Do you uoo that?
9 A Yuu.
10 0 Who are those gent 1cuan?
11 A Uc11, I teel oy this tiuur rauu, and I'm now talking 12 aucut Auguct 6tn, 1980, tnat Mr. Jackson is no longer 13 involveu as the branch Leador. There has boon a 14 reorganization within 1:hC ana Mr. Lear now is heaa of, I 15 ening, the Division -- excuse me, the Beanen at this 16 tiac in calleu the !!ydrologic anu Geatecnnical 17 Eng;,ncuring Branch, of which Mr. Lear la the Uranch 18 Chlo .
I 19 he. i; night wo navo spoken cuout beroru.
, 20 Q Up-han.
l 21 A Mr. Vo11act is the Chaut or Divialon of Engineering, lic
! 22 la the Diviaton Enginecr.
l 23 Q Just co I'm clears Juring your Dircct tobtlauny, you l
24 utaccc tnat tno appeaA would oc to URC ttanagement. Aro l
, s.
l _
s .
244 1 enese three genciccon the Management you are cororring 2 to?
3 A Yus. It muy involvu otnets, but I woulo conuiuct these 4 to bu NHC !!anageuent.
5 Q Ckay. Anu if you'il next turn to Plaintatt's Exhioit 6 NRC 313, which purports to be a copy of the muoting 7 notea trou the August 31st, 1979 -- or August 29th, 1979 0 Appeala Hecting.
9 Do you have unat cucument in front of you?
10 A NRC 313. Yuc, I co.
11 Q Ano I believu you launtitiou this docuacnt during your 12 Direct Examination as the notes f rom the meeting wuero 13 CPCO maue Itu procentation to the Management concerning 14 ita belles that tno auditional corings wurc not neeuod?
15 A Tnat la correct.
16 Q And if you'll turn to uno cucono pago et this cocuuunt, 17 enere's a section narked Applicant's position and l lu presentation. Do you havu tnat in front of you?
l 19 A I do.
l l 20 Q Anu going to the tarst paragraph -- well, an I also l
i 21 correct that you attendeu this nuoting?
l l 22 A You. ;
23 g Okay. In going to cua Luconu cull paragrupa tollowing I ,
24 the introductory scatence: Au I correct that Mr. tiangek L _ _
245 1 again auco a procontation to the Itanagement concerning 2 the nuuo for taking obtinga in the alkes?
3 A You indicated that tir. Wancek uade a presentation to the 4 !!anagement again. I think the July neuting that wo nad 5 roterrou to betore wuero tir. lianzok made nia 6 prouentation wou not to !18C !!anagenunt. So, to my 7 unuurutanuiny, this would be the rarat presentation to a llRC's !!anagement.
9 Q Okay. That Doing unuorutood, au I correct thdc !!r.
10 lianzuk clo make a presentation concurning enu necessity 11 of taking d14cs -- or boringu in the dikeu?
12 A Yec.
13 Q Anu an I correct tnat no cuacntially sot fortn the sano 14 arguuents tnat nau been presented to the stati at the 15 July 31ct, 1979 uuoting?
16 A It appearo enat tir. Wanze.s is buing quoteu hero as 17 offuring a ultrocent reason trom the onca that w. nao la gono over previously.
19 0 Ano wuat is that utiturent reason?
20 A The ditteront onou ceing thu nunuor of borings that have 21 alcoady bocn cumplutuo.
22 0 Okay. And enen the next pa ragr api) cotu Iortn -- it 23 appearu to De a prnJontation oy Doctor Pocu concurning 24 cnu noco ror corinv u in tuo CGa area, tu that correct?
~
246 1 A That is correct.
2 Q Anu, again, diu hu precent tuo samu arguuunto that he 3 had presunted to the Start during thu July 31st, 1980 ,
4 uceting?
5 A Escentially tacy are the saac ones that woru inalcatec 6 boiore; yen.
7 0 okay. Anu then cno next paragrapn Doctor llendron also 3 makes a presentation concerning the neou tot oorings as 9 it relateu to bearing capacity; is enat corruct?
10 A That is correct.
11 Q Uhat in the scopo or Doctor fienuron'a procontation? Anu 12 Dy that: Was this related to all tne boringu that were 13 proposou by the COE7 14 A It's my recollection that Doctor tienuron tu adoreboing 15 hiuscir to the ocaring capacity of the closel generator 16 Duilding at this time anu not other structures.
17 0 Okay. In the next aantonce -- or section ucals with the 16 precuntation unde by Mr. Davlucon -- or Doctor Daviscon, 19 cxcuse me. Do you have that in front of you?
20 A I do.
21 0 Anu was unia presentation concerneu witn tue l 22 uncorpinning activitieu at the aux 111ary bu1 Acing ano
( 23 acrvice water pump structure?
24 A You.
i
. 247 1 Q Okay. Ano it you'11 turn over to page tour, I think 2 you'll Lee a seccion that cuartu with tha word questions 3 anc then lieusru. Vollmer anc Knight ask suveral 4 guuutions. Do you have that in front or you?
1 S A I do.
6 Q Anu Mr. Juntou auxed you questions concerning the third 7 sentonce of that concerning the NRC's costre to reach an 8 expedient rcoolution or the problems au coing one of the 9 reasons tor requesting this information; is that 10 correct?
11 A Tnat 10 correct.
12 g Going on to tne next centonce, ao you recall that une --
13 Mr. Vollmer or Hr. 1: night -- I sucas it's Mr. Vollmer at 14 cnia point, inquirac of Mr. Cook wnother his objection 15 was based on nas percepticn of Start need or upon a 16 concern that the results uigut be uisleading or 17 unraverable and leau to curther questioning by tne 18 Statt?
10 A In your yucstion of au do I rcueuber Mr. Volluer saying 20 taat?
21 0 Yes, uar.
22 A I do not recall.
23 0 Okay. Anu co you navo any incepuncont reco1Acetion ot 24 that Mr. Coo 4 repileu to cuch a inyulty unat ne reula
. i.
~
248 1 tnat the Statr's requent woulu contricute more to 2 contusion than anytning vlue?
3 A I woulu put it in unu casca category. I co not recall 4 Hr. Cook uaking that cuatccont.
S y Do you recall those gonoral uontiments being expreuded 6 at the meeting?
7 A You.
a Q And do you know whetner or not nr. Cook was basing hia 9 conclusion, that the tout results woulo oc misicacing, 10 upon the advice or conuultants?
11 A It woulo bu ny unuotatanalny that he was bauing it on .
12 tno advice of his consultants.
13 Q Anu unat wouAu be Doctors Pack and llencron?
14 A And Doctor Daviccon.
15 0 Ckay. Ano going duwn to the uucic;on ucction, whicn 16 aluu starts on tniu povos Am I correct that nr. Vo11uer 17 and Mr. Knight accioed to outer making a final Judgment le at the uno, at the conclusion or this uectang?
19 A Yes.
20 Q And that altnuugn they exprescoa that cney woulo 21 probably ruiu in tavor ut eno URC, thuy were going to 22 cxtend tne opportunity to Concuncru to pregunt 23 acuacionaA intoruction?
24 A nihach nave acen luuntitiec an oeing available at thic
. 249 1 uueting, you.
2 O okay. Let ce next unow you a cocument, whlen I'll auk 3 the Court Reportur to identity au Derenaant'u Exniott 4 4137, ano ask it you can iuentliy that, pleauu.
5 (E2:nault D-4137; Letter of 9-16-80 6 rron J. Cook to R. Vollmer.)
7 A I nave looked at the document you have hanuuo ne and 6 iuentitled au D-4137.
9 BY OR. LIDBY 10 0 Anu can you luontity the uocument tor enu reevru, 11 ploaac?
12 A It iu o letter tron James Coon usted Septcuocr 16, 1980 13 to Mr. Ricnaru Vollwur, Director, NRC.
14 Q Ano coes cuiu transmit a document tnat'a ucen entitlud, 15 "Diucuusion of Applicanc's position on the noco ros 16 auultional boringu."?
17 A You, la g Anu was this, in fact, une uocument that wau suomitted 19 to URC Hanagement in reLponuo to their orrer or to 20 oxtena tne opportunity to subalt or tale cucational 21 information concerning cue acuitional coringu?
22 A acced on thu cnicknocu or the occuacnt, 1 enann taure 23 was uoro that was uuculttua enan unlu.
24 Q Okay.
D
- 250 1 A And tnat woulu have ocen tne borings. The auditional 2 uoring logs ror tuo Doringu that nau ocen inoicatou to 3 be availablu. But, you, it dous seem to present, to my 4 recollection, what wou uucaitted in thic document with 5 roupect to Consumeru' position.
6 Q You recorreu to auditional boringa. Do you recall the 7 number of auditional borings that were succittaa at thin a timo?
9 A How aoout sixty-six?
10 Q Pretty good.
11 Let no next show you a aucuaunt wnich was 12 FIcViously luentitieu or markeo cor as an Exhibit in enc 13 deposition of liari singh as Plaintif t's Exhloit COE 9, 14 and 'ask it you can iuentity thia occument, please.
15 A I have reau the uocuucnc that has acon identitiou au 16 Corps ot Engineers, COE 9.
17 0 And can you luentity tnia uccument for the record, 18 pleaso?
19 A It iu a lotter trou P. LicCallistor, Chier, Engineering 20 Division, Corps of Engineurs to George Lear, ilRC. It is 21 cated 29tn of September,1980. Anu it appearn to cover 22 ene Corpa' cucuentu witu reupuct to tne auultional 23 Antornation tuot hau ueen proviuuu.by Consumoru 24 collowing cne AppeaA nuuting, i
]
251 1 0 At this point in tiuu what poultion dio Hr. Lear nold?
2 A liith respect to the acuitional borings?
3 Q Well, just within the 11HC.
4 A Oh, I'm sorry. I thought you meant how did he reel 5 about the borings.
6 !!r. Lear was tuo chlor or the ilycrologic anu 7 Geotochnical Engancering Oranch.
8 Q Anu were you a memour or that Drancn?
9 A I was.
10 Q Do you recall wnothur you saw this document on or about 11 Septeauer 29th, 1900?
12 A I think I dio.
13 Q Okay. Ana l'c Just like to run through a ruw ot the tir.
14 Singh'a -- I guous it's Mr. Singh'u; the Corps or 15 Engineer's coumonts. Turning 21 rot to the ucction 16 that's markou cooling ponc, which is laoulloc Subucction 17 E.
18 A Yes.
19 Q Aa I corruct unat the Corps ui ungineers, basco upon 20 their review or tuo acottional information, utall 21 oclieveu that uuvun Doringu were nucosuary in ene aiko 22 arcau?
23 A The teacon I'm huuttating is cnat wnat is being 24 luentitico here are suvun borin90 I
252 1 Q Uu-nmu.
2 A Anu I think tne Corps' original proposal was coven 3 corings along the periphery --
4 Q Um- nma.
5 A -- of tne cooling ponc. Tnoue seven uuringu were 6 subacquuntly movuo into tac cmergoncy cooling pond area.
7 And I'm not -- I'm not ouro now tir. Singh to recurring 8 to the neven in the cool -- the euergency cooling pond 9 or the uana seven on the original request.
10 Q I thinn we'll yet to that in a little bit. But am I 11 correct, in any event, the Corps of Enginucru utall 12 oulleveu that dikos -- some oikes woro neceacary in the 13 oiko area ~~ or souu uoringu were necessary in the ulke 14 area?
15 A The reason I raiuud the 1suuo iu unat enoy may be the 16 uovon boringu that the 11RC telt wore neceouary it eney 17 are in tne emergency cooling water area.
la Q Okay. Do you recall onu way are the other wuctner the 19 Corpo of Enginwura had an opinion on that?
20 A I apologize ror not ancwering your question directly.
21 Yeo. At this time cno Corps uld reci borings were 22 noccuo in thu cooling puna.
23 Q. Ckay. And unen going up to suo-part D cnure's a 24 rererence to the oorings to ou canon in the aux 111ery
253 1 ouilcing. Ano the utatement ruaas as to11cws: "Borings 2 os uno Seriou TW anc TEU, 1 believe, are located near 3 the requested borings COE-17 anu COE-10 roupactively, 4 theretore, une intornation outained f rom theue seriou of 5 corings could be used to aduntity the locationu of G varioua uoli utrata anc to determino rrom where the 7 unciuturbed campics aru to be tahan for tuoting. Thuu, 8 requested continuco split upcon campling can be 9 eliminated for the auxiliary builcing."
10 Could you explain to me wnat the Corps or 11 Engineeru' position wou au or thru true concurning this --
12 the need zor oorings in the auxiliary cu11 ding area?
13 A It would be my Anturpretation that Conuumera subuitted 14 additional borings --
15 0 Um- tu.va.
16 A -- in the auxiliary ouilding area. These were Dorings 17 that were lountitiou with the Serieu TW and TEil.
18 0 Um-tuam.
19 A Okay. On the baulu ot tnat new information, the Corps 20 toit tnat their original requent for auxing ror borings 21 with continuous uaupling using tnu SPT were unnoccupary 22 because the TW and tne TEW proviced cuat information.
23 0 Anu what aniormation wuu buin9 proviouu cy those Doringu 24 upeeltically?
1
. i l l
l l
l 254 I 1 A To my recollection it woulu be tno olow counto troa the 2 utancard penetration test, ano the sampling intervalu 3 that were Inuicated on the log, anc the ucacription of 4 the materials that were involved.
5 0 Let ne see if I can do it this way: Am I correct that 6 the inf ormation that had been or was available or was 7 gleanuu trou thouc uoringu was enat you were able to a toll what tho variouu strata were in the area of these 9 oorings of I1117 10 A Ilhat they were, but also uooe -- some laca of their 11 characteristic uy the blow countu.
12 0 Ckay. Ana am I alco correct that the roterence in here 13 te doing away with the concinuous uplit spoon sampling 14 was thu result tnat these car 11cr oorings allowed you to 15 luentasy the varying utrat,a within the till?
16 A Yes; that. Plus by uoing tuo aplit spoon campling --
17 0 Uc- hca.
18 A --
that is uno SPT test.
19 y Okay.
20 A And so you' re gutting a measure of the uo11 21 enaracteristica with tnose blow counts.
22 Q Sut I'm correct, wa 1 not, that tuo Corpu or Engancern 23 still wanted uone curin96 or uorin9s to oc Laden in ene 24 auxiliary uulicing arca, tu enat correct?
s .
255 1 A Those uoringu, to recover sampica for laboratory 2 touting, yeu.
3 Q Uo-hmm. And turning up to Gubucction B --
4 Q Okay. ,
5 A -- whien au lueelleo uurvice water structure. I note 6 the rollowing: "Four or the new corings Ci!-1, Cli-1A, 7 Cil-2 anu Cll-3 are located in ene vicinity or the a requested boring COE-16. The intornation from thcGo 9 tour new new boringu coulu ou utilized to ceterminu uoll 10 types and chicknous of tuo layers trou wnien unaisturbou 11 unnpico are to oe takon. Thus, requirementu of 12 continuous split spoon uampling may oc clininatec frou 13 the roguested boring location COE-16."
14 An'I correct tnat the Corps of Engineuru 4100 r ui t, 15 basud upon the cov10w of auditional inforuution, enat 16 you coula do away witu the continuous aplit bpoon 17 uampling in the hole enat was to be drilleu near the lu cervice water pump utructure?
19 A You. Duc utill take anotner Doring to recover camples 20 tor lacoratory teating.
21 Q llaybe we can expActu Lhat a alttle bit.
22 When you reter to taking saapleu, you're screrring 23 to taking unin-walluu or unulaturbed sampleu?
24 A Tne uu11nition or unulucuruco saupling zu to tunu che
25G 1 uent pouaibilu cauplo in the buct pouulolo manner that 2 will eliminatu or alaluizu diuturbance to the campics.
3 Tnure's a disrutonco betwuen SpT --
4 Q Um-nnu.
5 A -- and an unuiuturbed uample. Anu so generally tne SPT 6 is taken initially to to11 you souuthing aDout tho 7 denuity ana the characturiutics or the ao11. After a having that intornation you auciuo where you want to go 9 back in anc take undisturbuc unapica, which are uuually 10 nydraulically puuned samples wnure a thin-walleu sampler 11 is puanua into the soll, genurally for a length not to 12 cxcuou twenty-rour inchus, that's taken out and 13 carctully hancico anu taken to tnc lab tor testing.
14 0 oxay. Juut so I'm clears in both of thesu arcau you 15 nod various atracas or citturent typoa or solla, as that 16 correct?
17 A That au correct.
13 Q Ana the cuanuaru penuttation test gave you ucce 19 inruguation as to wuat type or till you coulu expect at 20 a given uluvation, la tuat correct?
21 A Tnat la correct.
22 Q And uaing enat insuruution tuon tuu solid enginuor wno 23 was cupervialny eno utilling, or wucover was supervising 24 tulu, could plex out which utrata no wanted to take une
257
-1 sample trou; la that corruct?
2 A I'm not uuro it woula oc the orilling inupuctor. In 3 coat caucu it woulu ce -- that information would be 4 taken back to the dou19nors wno would know what 5 properties are nucouu cor the duaign.
6 0 Un-hua.
7 A And tacy would make the uolection basco on tuo d doucciption anu the bAcw count records of wnuru the 9 samples shoulu ce taken for undisturbou sampling.
10 Q Do you recall wnat type or material thu Corpo or 11 Engincoru wau seeking to obtain in their caupicu?
12 A I tnink you'u nave to take cach structure and aodrous 13 unch structure.
14 y Okay. Hr.1:ano, do you recall that uuring tnio clupute 15 oetween the NRC anu CPC0 concurning the neeu for eno lo auditional outings there was a gruac coal of puulicity 17 associatuu witn that dispute?
10 A I am removud trou hidiano and I'm not aware or a lot of 19 puu11 city.
20 Q 0kay. Let ne show you a cocuuent, wnlen I'll ask the 21 Court Reporter to carx au Dorondant's Exntuit 4150, and t
22 ack rirst if you can juut Acentity th13 coeuuent.
23 (Exnioit D-4150; Recora or tulephono 24 conversation or 10-3-60 between i
258 1 J. Lincluy anu J. Kanc.)
2 A I have road Exhibit luuntitieu au D-415 0, wnica is a 3 recoru of a toluphone conversation that I initiateu 4 baued on a convercation with lic. Jea:1 Linsley of the Day 5 City Times.
6 DY MR. LIDDY:
7 g So does this retrosa your recollection that thura was 8 media coverage or chas disputo during this time period?
9 A It recalls that churo was muuta intereut. Whetner therc 10 was widu publicity, l'a not quito curo I can gut f rom 11 this to what you nad asKod uo.
12 Q Okay. Thank you.
13 Let me next ack -- well, I guucu we need to snow 14 you a document, which I'll auk the Court Reporter to 15 icantity as Durendant's Exhibit D-4138, ano asK At you 16 can identity tniu uccumont, pluaso.
17 (Exhibit D-4138; Lotter of 11-10-81 i
18 rrou R. Todouco to J. W. Cook.)
19 A 1 have reac what 10 Acuntiried as Exhioit D-4138, which 20 is a ictter trou R. Toucuco to J. H. Cook of Consumern l
21 Power Coapany, daceu Novencer 10 tu,1980.
l l 22 SY llR. L1DDY l 23 0 Ana coca this letter truncult tnu cucasion or tau ll!<C l
24 ilanagecent concerning wnother auultional boringu are to I
259 1 be taken?
2 A You, it cows.
3 Q Ano am I correct that thu NRC ilanagonunt uuciced tnat 4 modifico boring progran shoulu oc uncertaxun?
5 A Yus.
6 O And going cown enrough the rirst paragraph, au I correct 7 that the uooltication, at least au presenteu in this 8 docuuunt, was to eliuinato the nccuusity of taking 9 continuous utancard penutration touts in six or the 10 holeu?
11 A Bauuu on the Statt's ano the Corpu' ruview og the 12 acditional Dorings cuat hac ouen provadou, yea.
13 0 But that dicn't clicinate the neeu to take all cigntuun 14 boringa in orcer to obtain unuinturbed saapics, is tnat 15 correct?
16 A That is correct.
17 Q Au a practical matter, it you woro going to take a 18 stanuaru penetration tout or continuous utanuard 19 penetration tout in a hole, you woulu nave to oig a 20 second holu in order to get unu undisturbed semplus; 21 isn't that correct?
22 A Yeu.
23 0 So, in etruct, souu or tucue requeetu, lige ir cauy say 24 I want to tage a uoring nuar tue survice watur puap
260 1 utructure, you, in utruct, thuy coulu be requiring you 2 to take two coringa, acancaro punctration to identity 3 the strata anu the unuutinuu -- or the undiuturbua 4 sampics to obtain thu uauple?
5 A That would us the normal procedure, you.
6 Q Hr. Kane, I'd nuxt liku to unow you a document, which 7 I'll ask the Court noporcur to toentity au Defendant's S Exhibit D-4139, and aux if you can luontity chiu 9 uccuacnc, please.
10 (Exhiuit D-4139; Lettur of 12-2-00 11 rrom P. !!cCallister to G. Lear.)
12 A Going oaca to what you just askea me.
13 Q Suro.
14 A It's uy reco11cetion that I reevntly have soon 15 docuaunto, enac wnat was recommenced by enu corps ano l 16 the 11HC and, that is, tuo taking of tne borings -- the 17 SPT boringu, anu then tne undiuturbud sampling, was aluo la a recousencation os one or your consultanta.
19 Q Okay.
20 A Cnaries Lacu trou uccuwara and Clyou.
21 0 Okay. Lut'a get into uhat. Did you review cocuments in 22 preparing zur your cupuuttion touay?
23 A Touay?
24 0 Wo11, preparing ror your cupoultion?
. 261 1 A I was provicou a curiou of documents on Thursday 2 af ternoon tron Dow. I clu not review those docuconts 3 until Saturday. '
4 Q Prior to -- I'm sor ry.
5 A So that was the extent of my preparation.
G Q And are the uocuuunts that waru prusunteu to you on 7 Thuruday tne documentu that were introduced during your 0 Direct Examination?
9 A I would say Loot of them wero. I'm not sure all of them 10 wuro.
11 Q Okay. Anu prior to being preaantec with taese occuments 12 to prepara tor your deposition, did you nave any othwr 13 contactu witn ruptcuuntatives or the Dow Chumical 14 Coupany relating to tnau lawsuit?
15 A Any concuet that I have hau with tne Dow Company were 16 when they viattuu uy ottice to octain my documents under l 17 FOIA requesto back in May at 1904.
10 Q Oxay. Thank you.
19 Huturning now to Derendant's Exniott D-4139, can 20 you luontary thau document ror the recoro, plouuu? And i
21 I'u going to aux ycu soao quwstions aoout chia, so way 22 con't you go utt tne record.
I j 23 A I'm aApost uone.
24 VIDEU CPEitATOR: Do you want me to pauuo tape?
262 1 IIR. LIDBY: Nuvur mind.
2 A I havu rund the document enat is identitled au D-4139, 3 wnich is a lutter tros P. McCallister of the Corps at 4 Engineurs to George Lear of the NRC, datud 2nd at 5 Deconber, 1980.
6 BY HR. LIDDY:
7 Q Anu what's the subject uatter ot this pocorandun?
8 A The subject matter appears to oc the Corpo' follow-up to 9 the NRC with respect to the final cucision maue by the 10 tiRC with roupuct to the ooringu.
11 Q Anu doeu tais letter cet f orth the details or the 12 coultied boring program as requested by the COE af ter 13 revluw of the acoittonal information suonitted by the 14 Consumera Power Company?
15 A Would you Gay that again, picaue?
16 Q Okay. Lot me ueo it I can rophrano it.
17 Ano doun this comorancum tranumit tue mouitied le boring progran requested by the Corps or Engineern tnat 19 resultea arter thcar review of the aduational 20 intornation submitted by Conoucurc Power Company?
- 21 A I nuvo cne sueling that -- that theru was uocuuonto 22 wnich precuued this wulen went to Consuauru.
23 0 Un-ham.
24 A And what au indicatuu nuro is enoco came uocumentu. So, i
. 263 1 I'm hecitating cecause I think the Corpu au 2 acknowludging that wuat accision was made with NHC in 3 acceptable to them. They are not providing anotner plan 4 or boringu.
S Q Let av resor you to Plaintatt's Exnioit !!RC 291, which 6 in the next Exuluit in thic pilu here, wnica I cellove 7 you iuuntitled au the uccumunt which turually 8 tranuutttcu the uetalla of the mouiraud boring program 9 to CPCO. Is that correct?
10 A That is currect.
11 Q Anu what's the cate or tnat cocument?
12 A January 8 tu,1981.
13 Q And mayou to exi.eultu this a little oit: Turning back 14 to Duienuant's Exnibit D-4139 -- well, lut's do it enis 15 way. I suu you'ru couparing cne two documunts.
16 Dy comparing tne two uccuments is it correct that 17 the uotallu set sortn in the January Uth, 1981 lutter 18 wore tranumattuu tu thu NHC torma11y, at any rata, oy l') tnau ene Decemoor 2nd, 1980 memo?
20 A It appearu that what was transulttud Iron tnu Ccrpa on 21 tue 2nu of December 16 also the saue urawing tnat lu --
22 that was transmittuu to the Appiacant un January uta.
23 It was uy reco11uction tnat there was a proccuing 24 uucument wnure tuosu cauu locations wuro anown anu tuat i
i
~
264 1 was what I wau -- that wab wnat I nou in mind when I wau 2 looking at the Corps cocuuent.
3 0 At any rate, I haven't buon able to locato that carlier 4 uocuuunt it it cous exist. Dut as of tnia clue, the S borings in tuu cooling pono diko area werv in the area 6 ot the emergoney cooling ponu, au that correct?
7 A That au correct.
8 Q Okay. And do you have bn indopondunt recollection or 9 how much prior to the scnuing of thia letter that 10 auciulon wah uade or how long?
11 A Thu question, as I unuurstanu at, ius liow long Octoro 12 this uccument, tuo January Utb cocument?
13 0 Uu- tu:m.
14 A Wau une ucciuAon uude to limit the ooringu in the 1
15 cooling pond to the ocurgency cooling water aroa?
16 y Or relocate. I'm not nuro that thuy cut uown on tue 17 nuncer or uoringu.
lu A I'm not sure wxactly wnen the ducasion we,s asuu. I know 19 Ar. was ceang ciucuuuuu in savocal meetings, inclucing 20 the timu wnen we nod tue AppeaA Itecting in August.
21 Q Okay. During unia ontare ucunario coginning grou Junu 9 22 30tu, 1900 tu tue rinaA or ruc tranum1Lalon of the final 23 veruton or the aculitud uoring program in January or
- 24 1981, wno wou cne primary Coric oi Ungineer cuployeo
w.
. 265 1 involveo in the scview ot the uatorialu submitted 2 concerning cau nueu cor aduational boringu?
3 A Dororo January 8th, 1901?
4 Q Uu-hum.
5 A It woulu be uy recolluction that the oncu who were 6 involveu prinarily witn the location of the cocingu were 7 Ron Erickson anu William Octo.
8 Q Ana dic Hari Singh have any involvement in that review?
9 A I think tir. Singh came along at the time theso borings 10 were using requestuu, but it's my undcrstanding other 11 Corpo cuploycou had luentified the need f or the borings.
12 Q Okay. Subucquent to the tr ansmittal of -- well, let's 13 start again.
14 During tuiu clue period where this ciupute over the 15 noeu ror tue additional uorings was going on, discovory 16 was also taking place in the Soils Hearing, la that 17 correct?
18 A Yes.
19 Q Anu conauaura was taking the deposition of varioua tmC 20 citicialu anc the Imc was taking the cepositions of 21 various CPCU copioyues anu ucchtel wuployees?
22 A Thac ulu occur. eut coulu you put a timetrcme on when 23 you're terurring?
24 g Okay. Ilcw about outween Junu or 1960 and January luc ot
o .
2G6 1 1901.
2 A 1 don' t -- Idon'tthlhik the cuyositions utartcu as 3 early as Junu 1980. I unink it was tau latter part of 4 1980.
5 Q Okay.
6 A Like, ar ter August.
7 Q Anu, in accation to your activitico au being tuo a Tecnnical honitor Ior tne COE revluw, wore you also 9 involvou in tus preparation f or that oiacovery?
10 A I auulutou tuo attornica that wore involveu in tnia; 11 you.
12 0 Anu could you cuccriue tot nu generally wnat your role 13 was in aluing tnu attornica curing that procecuing?
14 A You, I will.
15 The yuuution -- or the Hearing nao como up --
16 0 Un- hum.
17 A -- which Conuuacru nau appeuleu, and alucovery had --
Id had utartea, and NaC attornius weru attempting to ce 19 preparco Ior une uoaring anc wuru conculting with uu 20 exactly waat is the proniuu, wnst are tau touuca, wnat 21 intornation does uhC neeu ror the Hearings? Ano I, 22 theretore, provluuo technical asuletance with respect to 23 tne Geotechnical En91nouring area.
24 Q Okay. Une rurtnut question ceroru -- 11 you coulu
1 267 1 return 3uut f or a secono to Plaint 11t's Exuiolt liRC 291, 2 which in the 11nal occiclon ot Management -- or the i l
3 transaittal letter for the outcils of the mouitieu 4 boring progran.
Yeu.
5 A 6 Q Ucu there an appon1 available to CPCO ar ter thiu 7 uccision?
A I unink there woc.
In tne sence that I think Darl lloou 9 nau indicated in previous corresponoci.;e tnat we will 10 have tuis ueoting with fir. Vollmer anu tir. Knight, but I 11 think Consuuurs coulu appeal to higher Manageuent ir 12 they desicea, 13 Q Okay. Ana ao you recall whether there wau caucucolonu 14 as to whether CPCO -- Detween CPCO cnu DRC, was going to 15 iurther appeal the ceclulon to tage cuoitional boringu 16 uuring thlu time periou?
17 A By tuin time periou, cre you talking about etter January 18 Ben, 19617 19 Q Ycan.
l 20 A I am not aware or any Olscuucions or Iurtner uppeal. I 21 ao not recall any.
22 O Okay. Do you recall about th10 true, January, February, l
l 23 1981, tuat ac a result vi 01ccovery in Lnc So11c liecring 1
24 that CPCO exprcLuco concern over une use of the
( ,
. . j 268 l 1 inroruction that was going to be -- result trou the 2 borings?
l 3 A Ucil, it woulc nave come throutn our ocposition of -- or 4 becntci's conuultants. Yes, we were unde aware at that, 5 but that wau un extension of what we ned known at the 6 August Pic1d llecting.
7 Q Well, let me hanu you a uocument, which I'll ask the 8 Court Reporter to identity au Defendant's Exhibit 4140, 9 and ask it thiu retreshes your recollection that 10 conversation took place in Fcoruary 1981 concerning 11 Consumers' uelier that there was an inconsistency within 12 the llRC concerning how the intoruction was tron the 13 borings was to oc tanen -- or wac to be used.
14 Ano racy want to reau this uocument.
15 A I woulo like to take the true to read it.
16 (Exh1Dit D-4140; Telecon record 17 of conversation outed 2-11-51.)
18 MR. LIDDY: Okcy. Let's go ott the recoro 19 then.
20 VIDEO OPERATOR: I'u pausing tapo.
l 21 (Driet reccuu taxon.)
22 HR. LIBBY Let's go back on the recora.
23 VIDEO OPERATOL: Uc are now recoruing.
24 BY Mh. LIBLY 1
a 269 1 Q nr. Kane, nave you nau a chance to review Defenuant'c 2 Exhibit 41407 3 A I have.
4 O Anc, juct for the recoru, coula you icentify this 5 cocument, please?
6 A It iu a record of a telecon by Mr. Teuteberg, wnicn was 7 made between NRC personnel uno Consumers Power Company.
8 The cate or the telecon is Fouruary lith, 1981. It coes 9 not alluce to any appeal, which I unuerstood was the 10 intent of your quectioning.
11 Q Okay. Let ue see if I can rephrase it.
12 Pirst of all, bcVe you ever seen this cocument 13 octore?
14 A 1 don't recall.
15 0 Okay. 1 notice that, according to the telecon anyway, 16 you are 11uteo as participating -- as a participant in 17 tnis puone call. Do you recall cuch pnone conversation?
le A Vaguely, yes.
19 Q Ane do you recall that the subject uutter at the 20 conservation wac whether the NRC was going to use tne 21 intornation obtainea trom ene auditional borings in 22 conjunction with other inf orraction, sucn oc Lettlement 23 ano fielu observations, in analyzing tue appropriateness 24 of the fixes?
, - . --e r,w--
270 1 A It appearu that Conuumcrs, bacou on transcript records, 2 telt that ency bau identarleu an inconulutent ano 3 contraolctory position between come of the people 4 uopocco, anc they were uceking clarification o: that.
5 Ano enut is what I understano this is coing, is 6 recording the liRC+ n response to -- to that yucutioning 7 by consumera Power Coopcny.
C 0 Let me uce it I can oc Dote specifica lias Consuceru' 9 contucion the tact that eney thought that you were 10 puruuing u worst case analycic while tne otner ucouers 11 of tue liRC Stat t were pursuing a look at all the 12 inforuction approach?
13 A 1 woulc have to question who in the 14RC Sturr, other 14 enan nyoc1f, voulo ce pursuing any case in Geotechnicai 15 Engineering. So I aon' t think your cnaracteritation is 16 correct.
17 1 thinn wnat this is ettcupting to do is to clariff 16 what !!hC's position ic. Tue Worct cube acanario coues 19 up, 1 guesa, an a result of questionc poneu to ne by 20 Cons un.e r u ' attorney in my deposition. I don't reci 21 tnere's anything here that cnangen what punition I ncu 22 and I unink !JkC hau at the tiue ci my ocposition and at 23 uniu time in Feutuary of 1901.
24 Q Anu what was tnat position?
271 1 A I guesb we're talking about wnen we oc the laboratory 2 testing tor the sampics recovereu in the DGD arou now 3 are we goAng to ube that information. Anu wnat I'm 4 incicating is I would look at the worst cace in the 5 sence tact if there was a portion of the DGB, whien is 6 Indicating uy the lacoratory tect recuits signaticant 7 settlement utill reuainco to occur, anc there was a 8 portion ot the DGB wnich wac inoicating that it was ,
9 enounticlay completec in consolication except tor 10 seconoary concoliuation, then I would take the worut 11 case in tnat I woulu allow tor that ditterentiat 12 bottleacnt to occur.
13 0 Um-h:2.u .
14 A Dut it coca not mean that I would take uno worst tout 15 results una uuo them in any evaluation.
16 Q So you woula look at all the available inf oruation?
17 A Tnut is correct.
16 Q Okay. Let me next nano you a occuuent, which l'11 ack 19 the Court Reporter to ucrk au Derenaant's Exhibit 4141, 20 anu ask it you can identity unis cocument, please.
21 (Exhibit D-4141; Letter datec 3-23-81 22 irou J.H. Cook to H.R. Denton.)
23 A 1 nave looned at tne occuuent tnat you have identitica 24 ab D-4141, wnich is u Actter 1rca J. U. Cook or
.272 l
1 Consuuers Power Coupany to llarolu Denton of the NRC, 2 outeu tiarch 23ro, 1981.
3 BY I4R. LICBY:
4 O Anu was the cub 3ect uatter or this letter to contarc or 5 uocument certain -- or a . onversation between !!r. Cook 6 and !1r. Volluer on FeDruary 27, 19817 7 A That is the intent of the occument, yes.
8 Q And turning over to the accono page of the occuuent 9 unocr the borings sections --
10 A 1 tnink I should inoicate that I co not teel I was 11 procent on the rebruary 27tn telephone call.
12 O Okay. I notice the rollowing statement: "Unile 1 will 13 disagree with the need to take accitional borings und 14 run teutu, we will take Dorings an upecitico in the 15 January Otn, 1981 letter to uh Irom R. L. Tocccco."
16 Does that coincice witu your recollection tnut 17 arouno February or 1981 CPCO agrcco to take the le acoittonal borings even though they continued to 19 cauagree with the neceubity of taking canc?
20 A It wac my uncorutancing tnat this cocument 10 the one 21 tnat ic ofricially cocuucnting their decision to take 22 tuo borings. The recuon l'u healtating is I'm not curc 23 what happenec in February 1981, enat any otticial notico 24 to me had been given unut they woulu take the botings.
l 273 1 I may have nau converuation cua it racy nave been in 1
2 February 1981, but I'm not uure.
3 O Okay. Following the -- or CPCO's occision :o proceed 4 with tne boringu, cio it come to your attention that 5 CPCO wantea to modify the boring program by taking 6 continuous undisturbed cuuple borings to ioentitied the 7 utrata rathcr than utancard penetration testo?
8 A It uid coue to uy attention that they wanted to mocity 9 the boring program by taking uncluturbed uuuplec; yes.
10 Q Ano what was the NRC's reaction to that suggestion?
11 A It was accepteu. It wou relt to be raore extensive than 12 wnat had originally been requested.
13 0 Lct ne snow you a uocunent, which I'll ask the Court 14 Reporter to mark au Defunuant'n Exhibit 4149, uno ask if 15 you can 1centify this oocument, pleaue.
16 (Exhibit D-4149; Record or telephone 17 convercation dated 3-25-81.)
lu A 1 have reaa L3e cocument that 1c iuent1Lica as D-4149, 19 wnich zu a recorc ot a telephone conversation that 20 appears to have been initiateu by myself, catec Maren 21 25tu, 1981.
22 BY uh. LIBBY:
l l Diu you preparc thib cocument?
23 0 24 A Yeu, I tnink I did.
l
274 1 O Ana au 1 correct that tne bubject matter of this 2 .cocument in Consumerb' request to co continuouc 3 unuisturbco unuple boringe rather than the Ltancaro 4 penetration tcut borings to identify the Ltrata in the 5 areas to be tested?
0 A Tnat is correct.
7 0 Anu that -- is it a rir. Otto, he's the genticaan trom 8 COE?
9 A That is correct.
10 Q He oo3cetou to that proceourc, is that correct?
11 A I think the worus that are here inoicateu that he 12 pref ers, so 1 don' t unink that is as strong as 13 ou3ccting.
14 Q Okay.
15 A ue still preterreu cuat cne SPT campling ou perturneu.
16 0 bull, was it it your unocratanuing that fir. Otto 17 preferred to une stanuaro penetration toutu to icentity 18 the strate rather than undisturbca complcL?
19 A It was -- it is my unueretunaing that l'r. Otto telt wo 20 shoulc tirut oo the SPT boringu to launcity the strata 21 anc a basic uncerstanoing or tne soil characteristics 22 anc then do the unuistugued compling.
23 0 okLy. Jubt so I'm clear, to put it in layuen'u tercus 24 before when we were talking about the Corps' reguect,
275 I wnere you were going to arill one hcle and une cttnanro 2 penetration tectu to icentity the strats anu then take 3 anotner hole to get the unuisturued samples, right?
4 A Tnat's cor rect.
5 Q And now snot the procecure was going to be is you're 6 going to arill one hole ano take continuous tnin-walleo 7 samples to iucncity the strata and tuen go take a boring 6 next to that to get the bauble; that you wanted to 9 analyzo.
10 A Yes. I unceretuno tnat la wnat was ultimately 11 recoumenuou by Concunoru. I woulo like to comment on 12 that.
13 Q Sure.
14 A Taking diuturboo SPT borings -- a Doring with SPT blow 15 counto, is concluerably lecu expensive than taking 16 unuluturbed caupics.
17 0 Um-num.
10 A And so to ao a hole with SPT versus coing a hole with 19 undisturoud coupling, it is conuicerably more coctly to 20 do the undicturoca chapling. Ano 30 what Conuumero 21 electeu to do was conbiderauly more expensive tnan what 22 liRC had asked them to uo.
23 Q Are the recuits that you woulu obtain ttom uoing tne 24 continuous uncieturbed sampling method, rather than tne
276 1 stancard penetration testing methoo, more or icus 2 accurate in termo ut iountliying stratitiction?
3 A The question, ac I uncurutano it, in if I ao a boring 4 entircly with SPTc --
5 0 Uu- num.
6 A -- versus a During entirely with unoisturued caupling --
7 Q Um- nau.
8 A -- wnich la the more accurate?
9 0 In turma of identifying htratification.
10 A I don't think there'c be much citterence in citner ane 11 of them.
12 Q So, in your opinion, it cion't matter which way you 13 went?
14 118 . JEUTES: Excuse me, tir. Libby.
15 llad you tinished your answer, Mr. Kane?
16 A Ilo. Anc I was going to respono to that.
17 BY MR. LIDBY 10 0 Okay.
l 19 A Your quection was in identirying stratificution.
i 20 0 Um- hmm.
l 1
21 A Ano if you continuously scuple in either type of
2 campler, you Lnoulu get that stratizacation in both l
23 types or holes.
24 Q Um-nna.
i
277 1 A The SPT giveu you acultional inrormation about 2 penetration resistance wnicu tells you something about 3 the unkracteristic or t.he coil. So 11 you con' t do the 4 SIT you lose that intoruction.
5 0 Ura-tuam.
6 A What is being done by Conuunerc in the unuist.urbed holo 7 is once t. hey have taxon the undicturueo souples tiiey're 8 tacco wit.h the deciclon or where to tect.
9 0 Um-hmu.
10 A Anu they tieu to ao uoucthing in auaicion to mano up tor 11 wout wou lacking in the SIT. Ana as I unoerstana it, 44cfq0t W>4 4 12 tucy did that with 1.vus m .
13 !;ou the quection becomes whicn, in uy estication, hrgq Wnt ,1 14 is better; the tour-vern or the SPT?
lb Q Um- tuau.
16 A I t.hink it, woula cepenu on the material type. And I 17 think in many cases the SPT woulo be better.
Ib Q Okay. Turning to Plaint.itt'c Exhibit WCL-3, which I 19 believe io in tront of you there. First ot all --
20 A I'm Lorry. I co not nave --
21 0 Oh, I'm sorry. Do you have the cocuuent in tront of you 22 now?
23 A I ao now.
24 O Are you tan 111ar with Mr. U. ft.'llorn trou Woouwcro-Clyuu
278 1 A To tell you the trutn, I'm not.
2 Q Okay.
3 A 1 may nave met him at weetingu, but I ou not recall.
4 0 Okay.
5 A lu this the !!r. florn who's connected witn the Q/A 6 Office?
7 Q tio , I don' t think so.
8 A Okay. So I co not recall lit. Ilor n ,
9 Q Okay. Turning down to the rirst page of thic document, 10 I notice toe tollowins: "I told Skip that 11 Woouwero-Clyue had revieweo those proposed tielo and 12 laboratory programe anu hac recouncnded some 13 moulticationc. Tuc ma3cr uouitication pertaining to the 14 boring program wac that inscuad or ucking continuous and 15 unuis' roco campic borings to obtain camples tor 16 consolication testing, we tico suggested thte initially 17 continuous cample Doringu be made in which cauplec were 18 taken in tnin-walled cubes. Tne purpose or enene 19 borings would be to uutine otratigraphy."
20 A Yec.
21 Q Okay. Wore you aware tnat Hoocwuro and Clyoc nuo 22 reconcenoco tiiut the change in the proccuureu tnat CPCO 2? pcoponeu to the id:C?
24 A Is your yuuttion cu 1 aware tuut it wac Woouwaru and I
279 1 Clyue that cuggecteu the evntinuous unuisturbcu 2 uuupling?
3 0 Well, let ue cephruce it.
4 At the time that you had the converuation in the 5 previouc Exhibit, were you aware tnat Woouwaru anu Clyde 6 hau reconuenced the coultication 2.n the coring program 7 that CPCO was presenting to the NRC7 8 A 1 wau not awure or who in Bcentel, or Concamero, or 9 Woouward-Clyuc mace the recoumendation to ao unuicturbed 10 compling. I do not know who maoo that recommcnuation.
11 O Okay. In Uuouwaru-Clyue a recognized solic consultant 12 in une incuutry?
13 UR. JENTES: I ob]ect to the yucction only in 14 the Lenue tnat I'm not quite surc what recognizec is 15 rererring to.
16 BY HR. LIDBY:
17 Q Can you answer my question?
10 A Woouwaro-Clyde is recognacco au having extensive 19 experience in laboratory testing anu having consulting 20 11rms that uo sectechnical engineering stuules; ycb.
21 Q Anu were you auvicco in the Spring of 1981 that 22 Wouuvaru-Clyue hau been coployeu by CPCO to conuuct the 23 auultional boring invubtigation?
24 A Yes, we wuro.
260 1 Q Okay, 2 A Duc you've acKea ue a quebtion ano it's cort of 3 contraoictory to what I hau reca in some other cocument.
4 Q Um- han.
5 A 1 tnougnt I hac reau in boue docuuent where nr. Lado of 6 Woouward-Clyde reconuenuou coing the SPT boringu. It 7 may be thau specific --
8 0 Okay. Why con' t you roaa through. I co note, I'm not 9 sure if that's in it or not, that Mr. Ladd 10 cc'd on 10 this cocument.
11 A Okay. I will reau this. But what is my recollection in 12 that Mr. Ludd recomuenced ooing the SPT borings first 13 ano then coing the undisturbeu sampling.
14 Q Do you recall when you reviewco this uocument?
15 A I thing it was in tne documents that was provioud to me 16 by Dow.
17 HR. LIDBY: Dr. Jentes, do you know which 18 accuaent ne's referring to by chance?
19 MR. JEUTES: I have no loca.
20 HR. LIBBY Oxay.
21 BY UR. LIBBY -
22 Q It you want to, anu you want to reau tnis cocument, why 23 don't we go ott the recora then.
24 A Fine.
1
.201 1 Ul!. LIBbY: Okay.
2 VIDEO OPERATOR: We're pausing tape.
3 (Drici rececs taken.)
4 A I'm reacy to go back. l 5 MR. LIBBY: Okay. Let's go back on the 6 recoru.
7 VIDEO OPERATOR: He're now recoruing.
B BY MR. LIBDY:
9 0 Okay. tir. Kane, have you nau a chance to review this 10 occument?
11 A Yes.
12 0 Okay.
13 A I'm roterring to a occuuent which hac oeen luentirica au 14 WCL-3. Whien Ac acteo 24, March, 1901.
15 0 Uu- tuam.
l 16 A Anu I woulc roter you to the maudic of the titut page.
17 Uhcre -- where what is indicated ist I told Skip that l 18 Woouward-Clyde had rcceiveu chose proposeu riclu anc l
l 19 laboratory progran anu had recouconceo nome 1
20 uouiticationc.
21 Q Uu-ham.
l 22 A I am not curtain ot what occuments is being roterreu to 23 here. I cors't think they are documents tnat linC hau 24 generateu.
- - - - - - - - - - - - . - , - - - , , - - - - , , - - - - w- - -
1 l
1 l
,262 i 1 Q Ure tum.
2 A The ub]or woultication, pertaining to the boring 3 prograu, wac that inuteau ut naking continuouu 4 unoicturbeu cauple borings to obtain uampics, which nao 5 not been proposeu oy the .tiRC, tot con -- tor 6 consolication tests, we. anc I assuuc this is 7 Woodward-Clyue, hao suggeutuu that initially continuouc 8 uample borings be maue in which the samples were taken 9 in tuin-walleu tubes.
10 It would incicate to me that Woocwaru-Clyue is not 11 inoicating tnat they would recommend continuous 12 undisturbeu compling ut tne boring. Anc I could 13 construu that to be continuoucly cample borings coula ou 14 SPT borings oc well.
15 0 Okay. lir. Kunc, let me next show you a cocument, wnich 16 l'11 auk the Court Reporter to cork au Detonaant's 17 Exnibit 4155, ano ack 11 you can identity that, pleace.
10 MR. LIDUY: Ano let's go oft the record wn11e 19 he's reviewing it.
20 (Exhibit D-415b; Transmittal dateu 21 7-27-61 frore J.W. Cook to H.R. Dunton
- 22 transmitting test results at tildlanc.)
i 23 VIDEO OPERATOR: ile' re pouutng tcpe.
l 24 (Drict recoub tuken.)
t __
l
263 1 Ul!. LIDBY: Let's go back on the recora.
2 VIDCO OPERATOlt: We are now recorcing again.
3 BY GR. LibBY 4 O Having a chance to review this lengthy uocument, can you 5 now ioentity it, pleace?
6 A It is icentifico as D-4155. lt is a bubmittal irom J.
7 H. Cook, which was signed by Gil Keeley, dated July 27th, 0 1981.
9 Tne docuuent transmits to the NRC One resultu of 10 the boringo ar.c testing that was pertormed by Woocwaro 11 unu Clyde for the perlueter and bufile oikes in the 12 cooling ponc area at Hiulanc.
13 Q And what wac the date or the Hoodwarc-Clyue report?
14 A 1, July, 1901.
15 0 Okay. Turning to Mr. Cook's, 1 guess, cover letter the 16 11nal paragraph of that statenent rehdu au follows:
17 "Our conclusion is that the new soil properties and 18 slope stability analysis clearly inuicate that portionc 19 of the tarineter anu the Dartic cike ad3acent to the 20 Category I piping will naintain tacir integrity and 21 stacility uncer very conservative postulateo 22 conuitionc."
23 Were you awaru that CPCO, baued on its review or 24 this cocuauntation, haa reccueu such a concluuion?
284 1 A Yeu.
2 Q Did the URC Stati subacquentAy coue to agree with that 3 conclusion?
4 A Yec.
5 Q Anu is that agrewaent expressed in Lue SER?
6 A Yes. To my knowledge, it is. I know it was covereo in 7 the ASLB Ucaringo.
8 Q Okuy. Dorore we go on to the next big oocument, ir you 9 woulo take in iront or you again your December 3ro, 1981 j 10 testimony and tue document tnat was previously 11 identiiled au Plaint 11t'u Exnibit URC 306, wnich 12 purportu to be a meno trom Darl nooa to the file dated 13 Har ch 13 th, 19 01.
14 I notice, Mr. l'Lne, tirat of all, that you' re 15 copied on tne exhibit that's been iuentified as 16 Plaintitt'a Exhibit URC 306. lu that correct?
17 A That la correct.
18 Q And I believe you were questioned by Mr. Juntcc -- wc11, 19 let's ao it this way.
20 And ooch this memorancum purport to cet torth 21 conversation between Mr. Vollmer anu hr. Cook on 22 Pobruary 27th, 1981 concerning tne reneuial ections at 23 the uloAcnd Flunt?
24 A It ooes recoro a reurucry 27 th, 1981 teAccon, wnich I
285 I waL not procent ut; yes.
2 O Onay. Ano it you'd turn ouwn to nuubut tour -- co you 3 nave that in tront of you?
4 A 1 co.
b Q I notice the rollowing Ltatcuent: The tax for the 6 Aux. Llog. remains the came, however more cuisbonc 7 might possibly be adoeo it found to be needed. Other 8 poucioilities for lateral loads are being reviewed in 9 the event such enoulu be necueo. And that a potentici 10 50.55(e) report on one Aux clog. scicmic anclyuic was 11 iacucu on February 20th, 1981.
\
12 Worc you intorueu -- well, dio you learn as a 13 recult of receiving thic ucuoranoum that CPCO hLc 14 mocitieu their caisson opprcacn to aca more caissouc?
15 A I woulo not take this us a ucunu to incicate that une 16 11x for the auxiliary builuing was changed. The woras 17 that I see here it uayu llowever, uore caiusonu might 10 possibly oc couco.
19 0 Okay.
20 A So 1 would not interpret it ac you had inuicatoc.
l 21 Q At any time, uubseguent to your receipt of this acuo, 22 did you icarn enat CPC0 was actively consicuring the 23 accation or more cuissonc uncerncuth the electrical 24 penetrattun are637 1
266 1 A in tne toview proccus I cnink at one time I unuerstoca 2 accitional calucons were being conuicereo.
3 0 Anc co you know what the reason tor that conciaeration 4 was?
5 A I ao not recall.
6 0 Okay. Ir you'a turn oaek to your teutimony, wnich nac 7 Ocen iuentitico at Pldintitr's Exhibit URC 301.1, ano, e again, I hete to coy your tectiuony. Question clevon; 9 again, the portion tact was preparco by 1:r. Singh.
10 A Yec.
11 0 I notice tnat the tharu -- uo you have that?
12 A Right.
13 Q I notice that the tuaro cuoparagraph therc deals with 14 the third propouci tot tixing the EPA probico. Do you 15 see taat?
- 16 A Are you ruterring to page cloven, Itcu C.
17 0 Yeb.
l l 10 A You, 1 cce it.
l l 19 Q And there'c a reterence there -- well, let's ao it this l
20 way.
l 1
21 Pa t st of all, that chango in the propocal was to i 22 replace the caluconu uncerucatn the electrical 23 penetration areau with onc big pier; is that correct?
l 24 6 1 wouAu not take the woraing that iu inuicatec on page l
l l
287 1 eleven to be a pier. The woraing cuyss Thib plan 2 conuicteu of providing cauu concrete Gupport. Ano 1 3 would not take that as a pier.
4 Q What woula you take that au being?
5 A As a ma3ur removal et tuunuation soilE that are replaced 6 witn concrete.
7 Q Okay. Let ne nok you to take in tront of you 8 Plaintitt's Exnibit CPC 1111. It you'd roier to tne 9 testimony presentea oy the Corpu of Engineers, I think 10 that you'll ueo that tne prepcreu testimony incicates 11 tnat thau new renculal tix or uocification or the 12 rcLouici rix wac presented to the liRC on a meeting on 13 Ilay Stu, 1981.
14 A It does on page eleven.
15 0 Okay. If you'll -- ano can you identary thiu Exhibit, 16 Plaintitt's Exnibit CPC 1111, as the meeting notes f rom 17 tnut uuecing?
18 A 1 can icuntitiy Exuloit CPC 1111, dateo Auguut 20tn, 19 1981, as a summary of the ueeting liinutes that was 20 initiatec Dy Thiruvengaana tor the tiny Sth, 6th and 7th 21 meeting. And than 16 a cumoury that is apparently being 22 transuitteo to 11r. D006 of Dechtel Power Company.
23 0 Okay. Anu it you'11 turn over to the tourth page in tne 24 Exhibit, 1 think that you'll ccc that you were on
m 288 1 attenaco at this meeting, au that correct?
2 A 1 did.
3 0 OKay. Ano turning to pase torty-one of Thiru's aceting 4 notes --
5 A Yeb.
6 Q -- there's a uubacction labellco Au,:111ary Builcing 7 komeulal I;easuroc. Presenection; Dhar. Do you uue 6 that?
9 A 1 do.
10 0 Who wac nr. Dhar?
11 A 11r. Dhcr is a Supervisor in the Bechtel organization.
12 And, ac I unuerstanu, siis crea or work is in the 13 Ltructural engineering tielu.
14 Q Okay. And if you'il turn uown to the bottoo 01 this i
15 section. 0Aay. beginning about the paragrapn right I{
16 below where it saya u11ue clxteen.
17 I notice the tollowing statement appocrca "In 10 order to provlue audir.ional margin to withstano possaulu 10 higher celuuic loaa arising out of site specific 20 responce spectra, we had to revice this concept 01 the 21 underpinning. Slice seventeen uno eighteen showeo 22 mooitico. It eccentially repiccss une calosons witn a 23 large pier. Larger arca concept is requireu to provice 24 Lucational bearing capacity,"
269 1 Do you recall being intoruco of thic alteration 2 ouring thlu uceting?
3 A It woula be my understancing that what is being referred 4 to in Dr. Singh's testimony on page eleven is what is 5 being reterred to here.
6 Q Ano do you recall being incoruca that this Locatication 7 in the unuerpinning concept arose because of possible 8 higher sciacic loao aricing out of the ulte upecific 9 responuo spectra?
10 A I -- I ao recenber in tbc cource of our work of that 11 ocing inoicatou, uut l'n not uure which or the proposed 12 remedial tixes for the auxiliary uuiicing it pertained 13 to. I would have associateu that with the lact tix.
14 0 okay. Are you complete with your answer?
15 A Yus.
16 0 Prior to CPCO procenting tnis mooirication of the 17 proposal in Mey of 1981, had the NRC airecteu or 18 indicated to CPC that the caiscon approach was 19 inadequate?
20 A To my knowicuye, NRC never indicated the caicson 21 approach wac inaucguate. What Nhc was inoicating was 22 that there are cosign consicerations that we woula oc 23 expecting you to acureub anc we were loohing tor thosc 24 areau or internation.
- . \
290 1 Q To your knowleuge dic the NHC ever direct CPCO to 2 abancon the caicson approacn?
3 A To my knowleoge, no.
4 0 If you go aown to the next cection ot these ueeting 5 noteo, Hr. Tntru goes on to report that: "So tar, we 6 nave completeo only a preliminary analysis ut the total 7 pict concept. The bearing capacity was checned and 8 founu to bc acequate. The allowable bearing capacity 9 was the basis for sizing the pier. The calculations to 10 oetermine effect ot tuo pier on the builcing itselt in 11 not yet couplete, It uuring thic checking procebu it 12 strecuco in membero exccco tue allowables, we woula 13 eitner utrengthen the nemuer or extend the uncorpinning 14 in the ciectricel penetration area. Ragnt now we are 15 not in a pocition to say how big the pier will be. The 16 pier, thoush it extends bcncath the turbine building, it 17 woulu be isolated tron the turbine ouiluing. The 18 construction requirements or the unuurpinning system as l
l 19 being developed oy our consultants, Houser, Rutleuge, 20 Johnson and Desimone."
21 Do you recall poing inf ormed that this proposal was 22 uimply -- or was in thu preliminary stages of analyuic 23 curing thic ucuting?
24 A It woulu be my recollection that that was inu1cated to i
a 291 1 uu s yers.
2 Q Ano cnat cased on -- well, let's co it this way are you 3 Inui11ar with the consultants heuser, Ruticoge, Johnson 4 unu Deuimonc?
5 A I na tamiliar with thcu because ot my involvement with 6 the Midlano Project.
7 O And uo you Know what their involvement with tue Midlano 8 Pro 3ect was?
9 A I think it changed at ditfczent stageL. I think at one 10 tiue they were working on cotn the auxtliary builuing 11 and the service water puup structure and, ul tima tely ,
12 they wore working Just on the service water puup 13 structure.
14 VIDEO OPERATOR: Excuse me, Hr. Libby. We're 15 going to have to stop nere. I going to have to change 16 tapeu.
17 HR. L1DDY: Sure.
18 VIDEO OPERATOR: This in the enc or tape tour, 19 end of tape tour.
20 (Drict recess taken.)
21 VIDEO OPERATOR: Thank you. Lic cro now 22 recording again. This to the beginning ot tape five.
23 DY HR. LIUDY 24 Q Hr . 1;ano , it you'u again return to the prepared
292 I tectimony 01 the start that was tileu on Deceuucr 3ro, 2 1981 and go to page twelve subccction -- or cubpuragraph 3 D.
4 Am I correct that that ucction occulls the touren 5 proposal concerning tne unourpinning oi che auxiliary 6 building uuygestod or propoccd by CPC07 7 A That is correct. ,
8 Q Ano am I correct that that proposal was presented to the 9 URC in a meeting on October lut, 1981?
10 A Yeu.
11 Q Between tiny 5th,1981 ano Octouer 1st, 1981, cic the URC 12 cver direct -- otrike ever.
13 Dio the URC carect CPCO to abanuun the -- what I'll 14 call tne pier concept tor cupporting that structure?
15 A I unink I nave answered this question several trucs. I 16 do not over recall the NRC directing Concucurs to 17 abandon the calccon concept.
16 Q Okay. When you say caisson concept, uoes that include 19 botn the original cuisson proposal, that's proposal two, 20 anu the pict proposal, that's propocal throo?
21 A It woulu audresc itselr to uither one ot those.
22 Q Okay. Ano do you nave any personal knowicuge, other 23 than the documents I've snown you today, ot why the 24 occiolon wab nace to go trou propocci two to propocL1
293 I three?
2 A Propouc1 two being the one Laat lu identaticu'un page 3 eleven?
4 0 Yeu.
5 A As D?
6 Q You.
7 A And the question in: Do I understana the reasons tor o going trop the cuisson approach to the coupletc 9 unourpinning wall?
10 Q My sucction is thics Do you have any personal knowicuge 11 ot the reunons uchind the deciclon to go frou the 12 caiuLon to the pier concept?
13 A lioulu you repeat tne question, pleaue?
14 Q Sure.
15 Do you nave any perconal knowledge or the recuonu 16 way CPCC clected to go from the caincon approach to ene 17 pier upproucn?
18 A By the picr, ate you reterring to what is rer~erreo to 19 nere au the acus concrete support?
20 0 Okay. 11aus concrete support.
21 A Duc you' re not talking ouout the uncerpinning whil?
22 O lio.
23 A Okay. It to quite poLLiule unut it whL, su ucing 24 inuiccLuu by Thiru'L ttanutuu, that the coucon was givce wp .m - -
w .v -m -- , ~---W-
s .
294 1 wab becaube 01 increauca selenic 1cacing.
2 O Okay. Anu in October ot 1981, accoruing to tne Corpc of 3 Engancers, part 01 tne Stati preparea testimony, c 4 tourth approach, which I'll call the uncorpinning 5 approacn, was coopteu. Do you have any personal 6 krsowlecge et the reauons behino CPCO's occluion to go 7 from the ucco concrete support approach to tne 6 uncorpinnitig approach?
9 A It's -- it would be cy recollection that 1 may have Whtdt 10 hearu in ny review or attenoud some nectings someonc7f '
b ma\ h r 11 anu at uay have been D. ':uleur, indicating the uncs 12 concrote approacn was reLulting in large locuing because 13 of its mass curing earthquake, ano tnat may have been 14 tne reason they went to the tinal unuerpinning wall.
15 Q Okay. 1:r. Latie, let oc next hand you another cocument 16 that I'm c1mply going to cuk you to luentity ror the 17 recoru.
10 A La I tnrougn with these cocumentc?
19 0 Ycan. You're through with thoce.
20 Ano I woulu incicate to you when you're going 21 througn nere there's actually ruur cocuments in thic 22 packet. Anu l'il ask ttic Court Reporter to mark thin 23 Exhibit au betonaant's Exnioit 1456 -- ch. 4156.
24 Excuco oc.
. l 295 1 (Exnioit L-4156; Tranuuittal trom J.W. Coot 2 to H. lt. Dunton cutec 9-22-61 and 11-24-81 3 transmitting resultc or oil uoring anc 4 cnd tutting prograu for auxiliary builoing. )
5 lin. LIbuY: We're ott the recora now.
6 VIDEO OPERATUR We are paucing tape.
7 D.rier recess taken.)
O HE. LIDBY. Okay. Let's go back on the 9 rucero.
10 VUJE0 OPERATOR: We cro now recording.
11 BY HR. LIDBY:
12 0 tir. Kane, have you nua o chance to review this large 13 pile of oocuuentc?
14 A briefly.
15 0 Okay. Anu for the recoru, can you acontity tor me thu I
16 cocuments that are contained in Detenoont's Lxhibit 17 4156, plesse?
lb A lt is in two parts and it represento tne suouattal tron 19 Consuucts, in thib cube Gilbert Keeley lor Jaues Cook.
2 >,. Anu what it oocs is transmit to che NRC the rect- i s .of 4 the soil boring ano testing ior the auxiliary bulloing in two parts.
. O Anu, ]uet fcr une record, is the initial trantaattui 14 letter octeo Septeaber 22na, 19017 J
296
+
1 A Tnat au correct. Anu the secono tranuulttal zu cated 2 Noveuber 24tta, 1961.
3 Q And returning tor a secono to the September 22nu, 1981 4 subulttal Au I correct that the cocuncut tnat was 5 uuuntttec in a document entitled Woouwarc-Clyou 6 Consultants, Test ReLuits, Founuation Soils, Aux 111ary 7 Builuing (Part Onu)?
U A That in correct.
9 Q And an I correct thLt the cate of th at report iu August 10 26th, 190l?
11 A Yes.
12 Q Anu turning to the secono trancoattal, which you have 13 loontilico as ouing dateo November 24tn,1961, an 1 14 correct that tuo uocument that's transultted 10 ontitlec 15 Woocwarc-Clyue consultanto, Test Resultu, Auxiliary i 16 Uu11cing (Part Two)?
17 A Yeb.
10 0 And tnat that report is unted October 26th,19817 19 A Yes.
20 0 Thank you.
l 21 HR. LIBDY: Let'b 90 ott the recora for 3uct c l
l 22 uccona.
23 VIDUO OPERATOR: l'n pcucing tape.
1
- 24 (Briet rececu taken.)
297 1 11h . LIBDY: Let's go Dack on the recoru.
2 VIDEO OPERA 10h We are now recording.
3 BY HR. LIbbY:
4 0 Hr. I;cnc, it you'a take u look again at Plaintitt's r; Exhibit 1;RC 306. Anu 1 oraw your attention to 6 uuuparagrapn tnrec. Do you have that?
7 A I co.
O Q Anu thic docuuent which purports to uocument a phone 9 conversation between CPCO anu the imC on February 27, 10 1981, ancicateu au tollows: "The propoueu remedial 11 action ror tue service water building has been changeu.
12 One use ot wall -- or piles nas been cropped ano a bin 13 wall concept (escenticily the extension or t.no entire 14 north wall cown to till) w',11 be acoptco. Unuorpinning 15 was tound to proviuc Alttle oclunic margin. A 16 conceptual accign package, including coismic 17 diccussions, will be precented Lor the new tix the titut la week in April."
i 19 Dio you icarn, at a result ot rocciving thir; ueuo 20 on or about Marcn 13 th,1901, that CPCO huo cecided to 21 go to a wall beneatti the ccntilover portion et the 22 cervice watcr puap ctructure?
23 A You.
24 O Anu clu you learn that the reacon for that ceciulon won
290 1 that one unourpinnane, or the pile solution previoucly ,
2 propoued proviced too litt.Ac soluuic margin?
3 A Yes.
4 Q lir. Kane -- .
5 A Could we --
G Q Sure.
7 A -- auuress what I uncerutand that you're acoressing?
8 Anc, that 10, there was an the course or tnc revied 9 a change in seismic uvuign.
10 0 Un-ham.
11 A Am I cortcct?
12 0 I really can't tcotify.
13 A But I think, in taltness to tne URC, the people who 14 snoulu be audreccing whutner there was a change in 15 -
colonic occ19n enouac be the ueicuology group because it 16 was tney who had usr11er ettorts at our question, uno 17 knew the otatua, uno it was tb9y who took a pocation i
18 wnich wac -- waren was uent to Consucccc outlining their l
19 position. Ana I think in tairness a the NRC, it l
20 there 8 a ra question with r eL Pect to tnc cxtent ona what i
21 hsppeneu because of the cnangt in sciumic occign, I 22 think our eniccology yroup chouAn bc given the l
i 23 opportunity to snuwer questionu in enat regard.
l 24 0 Yeau. I agree with you, a aust -- the only reason I'm l-i
299 1 unowing you these cocuuentu in to tinc if you were 2 intornou or Lucue statemento. And I don' t intena to ask 3 you uuch about seismology. Don't unocrutano that much 4 cDout it myccit.
5 Let me unow you a uocument which I'1] ask_the Court 6 Reporter to mark as Derencant's Exhibit D-4157. Ano, 7 again, all I'm going to cuk you is to iuentify Luis u occument for the record.
9 With that, let's go ott the recoro and give you a 10 chance to review it.
11 VIDC0 OPERATOR: Uc' re paucing tape.
12 (Exhibit D-4157; Tranccittal trom J.H.
13 Coox te kl.R. Denton or 11-6-01. Tect 14 resultu of the coil boring and testing 15 program for the service water puup 16 utructure.)
17 HR. LIDBY: Let's go back on the record.
18 VIDEO OPLRATOR: Uu are now recoroing.
19 bY !!H. LIBBY:
20 Q 1:r. Kane, have you hau a chanco to review Detendant's 21 Exhibit D-4157?
22 A Yes. And utiat it duel as trancoit to the URC isoc Jaucc 23 Cook to Hatolo Denton on Noveaber 6th,1981 the tout 24 results f or the soil borings anu testing at the curvice
- - _ _ . , ,- ,,,m ._. ._ - _ _ , , _ . _ _ , _ _ _ . . _ . - _ , _ _ _ , - , _ -,
300 I water pump structure. Anu it incluucc un attachuent 2 wnich is tne report or Wocawned-Clyuc Consultantu 3 identitico ab Tout Resultu bervice Water Structure, Soil 4 Boring knu Tocting Program; ano it in outed October lot, 5 1981.
6 11H . LIDBY: Okuy. Ulth that we can go ott the 7 record.
b (Luneneon recess taken.)
9 VIDEO OPURATOR: Uc are now recoruing.
10 DY !!H. LluBY:
11 g Thank you.
12 br. Kune, wnon wo broke ter lunch, we hac aust gono 13 tnrough a numbur et aucumento concerning vcrious taxeu 14 tor uno auxiliary builoing. During your Direct 15 Tertiuuny you were ackca to icentity a uocument tnat'c 16 Deen nurKco ac Plaintiir'u Lxnibit CPC 1106.1. I 17 bu11cvc it ocy be tant thick occuocnto on the lut t.
l 18 Anu I oulleve you stat a, cio you not, tuct this 19 wou a transulttui trou Concupers to likC trunLuitting a 20 copy ot Amunument tiumuer 657 21 A Yeb.
22 O Unen you were tcuttrying, alo you cane any review to 23 outercine wnether or not thic accument wac, in tact,
- 24 conpletc?
+
301 1 A flu, I clu not.
2 0 Lct ou nand you another uucuaent that was icentitico ac 3 PlaintirL't Exh1Dit CPC 1106 during the Singh 4 ueposition. And l'c scK 11 you coulo compare chocu two 5 uocunents io actermanc if thic is, in tact, another 6 portion ot the Anencuent Nuuuur US that's not inclucco 7 in thet Exhibit.
8 !!R. LIUDY: Anu act's 90 off tne recotu, it 9 racy take him a 11ttic bit.
10 VILLO OPERATOR: Stopping tape.
11 (Erict receLE taken.)
12 liR. LIL D'.'s Let's so back on the recuru.
13 VIDEO OPERATOR: %.'e are now recording.
14 BY liR. LIDbYt ;
15 0 Have you had a chance tc review those documents, nr.
16 Kane?
17 A 1 bcve lookec at two uocuuente One luentifico ou CPC 1
lb 1106.1 ano CPC 1106.
19 Ac 1 unuerstuno it tron your quectioning, one 1106 20 was a cucument tnat WLs procented at Mr. Singh's 21 deposition. The one luuncitico oc 1106 iL tne one that 22 noc been presentou to ue ut my acposition. It appeers 23 tout both ot these cro not complete with respect to tne 24 cuun.ittal cf Anunutent 85.
302 1 Anc that raicec a question to me abouc uepoultion.
2 You procentou to rae Leveral occuacnts at cue eno ci tniu 3 norning's buscion.
4 0 Uu-nou.
5 A I certainly did not 90 through those cocuuents und 6 loentify that everything lu there. Ic it -- this in a 7 laymen's questions fly acknowleugnunt ot these D cocumento, ca 1 ottesting to the coupletenecc of thesc J
9 occumento?
10 ( 1 cidn' t intered to imply that you were attcuting to the 11 coupletenecc ot the documents, ooviously they were 12 several thousuno pages ano tuerc8 0 ue no way you could 13 review thuu to outermine whether tney were couplete.
i 14 tiornally what happent is thus ur. Jentes' people 15 review theue cocuments anu 1 review cucu, anu it the r e's 16 no probleu with tuca ueing couplete, nococy really 17 carcu. It that anuwers your question.
Ib A It anuwere it in tnat when I nave & uocuuent which I'm 15 being aukea to recognizc, it 1b not abuunca that l'c 20 recognizing that it is coupletc oc originally provioed 1
21 to the !!!:C.
l' 22 Q Anu, in particular, you're reterring to the tranLuittui l
! 23 letterL and the 1.'couweru-Clyue ruports that you
- 24 launtitieu tuiu curningt .
l l
l
303 1 A Specifically thocc. Ano any other -- any other that I ,
2 have iuentiiteu up unt.11 touay.
3 0 0xay. Tnct' L fine.
4 Mr. Kane, woulo you take in Iront or you again 5 Plaintirr's Exnibit NHC 301.1, wnicn is again the 6 prepared testimony dateu Deceuuer 3ru, 1961. Anu if you 7 want to place those Auenoments 85 ceninc you, I oon't 8 have any uurc questionu on theu.
9 A 1 do have HRC 301.1 Exhibit.
10 g Ano turning to page utneteen ano, in particular, the 11 question eighteen ano answer eignteen. Coulo you 12 initially tell cc which of the luentitico witnecocc in 13 tnic prepareo testruony prepared this responue to 14 quebtion cightecu?
15 A Dauco on what in Inuicated in thu tectimony on page 16 tt.ree, it woulu oc indicateo that tir. Singh provicco the 17 recponse to question nuo ancwer eightecn; A cightuen.
Ib u Anu is fir. Singh an cuployee ci the Corpc oi Engineers?
! 19 A He is.
20 0 Coulu you bractly cuscribe for me, babeu on your i
21 relationship with the niulanc Pro 3cct, what lir. Singn's ,
22 involycaent was in the review or the various reuculc1 l 23 11xes tor the auxiliary bulloing?
24 A tir. Singn wac the Leao Corpb ot Engineer Reviewer in the
304 1 Interogency Agrecaent that we have ulucubuco previouuly, 2 Anu so lir. Sitigh ib tne Corpu 01 Lnginuer cuployou who 3 is reviewing tno geotechnical supccts related to the 4 liiuluna Project, which woulu incluou the recuutal tixes 5 that are being proposeu by the utility compeny.
6 Q Okay. Ano returning to the answer to yucution eighteen, 7 hu I correct that the start's answer to question 8 eighteca, whicn was prepered by 1 r. Singn, is cualang 9 with the tourth proposed tax; that 16, the unuerpinning?
10 A It is rcrorring to the tix tnut AL luontitico on page 11 twelve unuer iteu D.
12 O Olicy . And thcn am I cor rect then that at ot tne tiling 13 ol' this pr eparco tectimony on Deceuber 3ru,1901, tnc 14 Corpo or Enginocco had concluucu, Lub3cct to beveral 15 restrictions uut torth in unis answer, that tue overnli 16 concept et the currently propoced scueulai censurca 17 appears to be untistuctory?
IS A Tnat is correct.
19 Q lir . 1;cnc , l'u next like to show you a uccument, which 20 l'11 ack the Court Reportur to uark uo Detenuant's 21 Exhtbit 4156. Anu, eguin, recognizing that you're not 22 going to ce able tre review this to deteruine wuother 23 it'c conplete, l'c ask you it you can icuntity it ab --
24 or Just ciuply luuntity it.
e 305 1 Anu let's 90 ott Luv recora so ne nau a enunce to 2 loor, at it.
3 (Cxniult D-4158; llay 1962 Satoty 4 Evaluation Ecpor t t elatou to tnc 5 operation of Miciano Plant.)
6 VIDEO OPEllATOR: Pausing tape.
7 (Driet recess taken.)
8 VIDEO OPERATOR: lie ore now recoroing.
9 DY !!R. LibDY:
10 Q Ana, hr. linne, have you nau un opportunity to r eview 11 tnic uucument?
12 A Tne cocuucat au luontiticu ob D-4150, which lu the 13 Satety Evoluution heport by the 13RC Statt, which is 14 catec 11cy 1982. 1 cio have input into certain ecctionc 15 witnin this aucument.
16 0 11 you would turn to tne inuex that appearc in the tirbt 17 ucction or this report. Could you icontify Ior me which lu uuetions whicn you hau anput?
19 A I'm now rutcrring to Houan Numeral Nine in the Tabic of l 20 Contents. Anu I woulu reter you to thoco cections j 01 iocntified cs 2.5.4, 2.5.5, unc 2.5.6. To my knowleo9c, 22 they cre tne ucctions that I hud inptt into in the SER.
i
! 23 0 Anu coulo you urletly explain ror ce in general teruc l
24 wnLt was the nature ot your input into Lue drarting or l -
l
b 306 1 thoue uuctionu?
2 A It wcu couentially to taKu the status of the 111diano 3 Pro]uct up it was at thiu Line una to put it in 4 our Saf ety Evaluation torkht, which would require uc to 5 take intotLation traa uncuuents submitteo to us by tuo 6 Applicant, by -- oy our cononitanc, tne Corpc ol 7 Engineers, anu to write thouc sections which are B inuicateu in the Sch.
9 0 okay. I'd next like to 6how you a uocuocnt -- ano, 10 again, ir you want to put thct ochina you anc get it out 11 the way, that's tine -- which I'll ask the court 12 Reporter to neck as Detonoant'u Exhibit 4107. Ano ack 11 13 you can locntify thic docuuent, please.
14 (Lxhibit D-4107; Tranuutttal of 6-11-b2 15 tron R. Teucuco to J.ll. Cook; Transmi1.c 16 or ACES Interin Report.)
17 A The uocument that you have rcterreu ce to is identitied 10 cc Exhibit D-4107. Ano it au a Actter trem houert 19 Tcuecco 01 the NRC to James Cook of Consuuero Power 20 Coupany. Ano at includes en enclosurc which is a 1ctter 21 tron P. Snewmon, Chairuun ot the ACRS, to llonorabic 22 Nuncio J. Pc11adino, the Chcaruan of the U.S. lihC. The 23 uutu ot Teucuco's Actter as June lith,1962; ot the 24 unclosure it is June 6th, ;982.
307 1 Q Turning to puge two or tne enclosure, ano the Lirst tull 2 paragraph on that page, I nor. ice that Mr. Shewuon statec 3 the f ollowing: "The Applicant has proposuu anc is 4 imp 1mner. ting, unuer cloce scrutiny by the llRC Statf, 5 remedial weasurec with regara to t!e toundation 6 octiciencies, lie are generally satictico with the 7 approcen being takeri, cubject to confiruction or overall B quality casurance prograu anc the scisuic accign basis."
9 licre you aware in June et 1902 that the ACR, 10 cub 3cct to the two qualitications notco in chas 11 statement, bcc concludea that the remeuial measure 12 suggoctco by CPCO were generally catautactory?
13 A 1 was aware or this document at the time it was issueu; 14 yeL.
l 15 0 Okay. tir. Kane, I'u next like to show you enother Lulky 16 cocunent, which I'll ack ttie Court Reporter to cork as t
! 17 Derenuant's Exnibit 4159, una ask if you can toentary l
l 16 this document, plchLe.
l 19 flR. LIBBYs Ano why ovn't we 50 ott the record 20 while ne getc a chance to look at it.
21 VIDEO OPERATOR: I'm ctopping tape.
22 (Lxh1Dit D-4159; October 1902 balcty 23 Lvaluation Report, Supplement Two, 24 taureg 0793, relatoo to thu operation
- h. ,
308 1 ut niclunu Picnt.)
2 (Drict recebu taken.)
3 hk. LIBLY: Let's go back on tric recoru.
4 VIDEO OPI;RATOR: We are now recording again.
5 DY HR. LibDY:
6 Q tit . Kane, have you had all opportunity to review thiu 7 document?
U A Ycc. The uocument iL launtified cu D-4159. It ic the 9 Satety Evoluution heport, Supplement Numour svo, wnich 10 is Nurcy 0793, anu in dutcc October 1962.
11 O Okuy. Anu cla you tiave any role in preparing this 12 cocument?
13 A I cid.
14 0 Ana 1 believe enure'c also un anucx in enic -- tne tirst 15 part 01 tnab coc usent. Coulu you brictly -- or coulu 16 you 11ct the sections uncre you hao input?
17 A I would reter you to tne Table or Contento. Ano it 10 would oc Section 2.5. Anu the sections that I would 19 have had input into ere essentially all of those in 2.5.
20 It Lhoulu De recogniacu that portionb of thcLe 21 sections, I diu have input trom botn the Corps or 22 Enginecrb anu Geotechnical Engineeru, Incorporatcu at 23 Ene cluc.
24 Q Okay. Ane coulu lou utterly cuLctruc tor oc in general
309 a
I terou what your role wou in preparlug thib uocument, the 2 uccclenc you've ]unt iuuntiracu?
3 A The Supplement in a tollow-up to the hay 1982 SLR wnero 4 Acouco enat have been iuentified in the original SLR 5 were going to ne accreuseu in a Suppleuent. Ano that 6 thic lu the Stott's acuconcent or the concitions at 7 111alano, incluaing the reueolai fixou which were not 6 covered in the original SLR.
9 Q Okay. .
10 A 1 also choulu anoicoto that I assistec the Pro]ect f 11 llanager in proviuing porticnu ui Appunuix 1, wnich in 12 icentitlec ac Unourpinn) % Construct. ion Prograu. Anu 1 13 think I any have hao come input intn Section 1, with 14 res pect to the Oututunoing Iteus anti the Contarmatory 15 Isbucu.
16 0 Okay. Mr. Kane, I'c like to nove into a uitterer.t area 17 at thic point in tile, Lo if yeu want to nove those !
10 uocuuents out or your why, with the exception or 19 plaintatt's Exhibit liRC 279, you'll have ucce kor o rocu.
1 co have llRC Exnibit 27 9 bercro nc.
20 A i
21 Q Anu I believe that you icontitlea thic cucLuent on 22 Direct Lxamination uL a 110 tion f or 1;un&Lry Dispocation 23 on the accue et quulity absurunce ibplementation prior 24 to Deceuber 6th, 1979, which wks tij.ca oy the I;RC Statt i
310 1 in thu /WLb Soils licuring8?
2 A Yuu.
3 Q knd uo you recall Cpproxituitely what unte thic Motion 4 wuc tileu upon?
5 A lt appeurc to oc April tuu 14tn,1981.
6 Q Anu hre you bacing that on tuo datc tnut appearc on the 7 pageu Butes stauped 9015141677 8 A I'u bacing it on the LitLL page which is 90514162.
9 Q Okay. Ano the indication with the acte in tue upper 10 rigut-nuno corner?
11 A Tnat is correct.
12 O oksy. Turning over tu the sucono page et this notion --
13 well, let'6 go back to the rirut one cnu lay a little 14 nackgrounu.
15 1 notice in the tartt paragraph of tne notion, 16 unuer (no cal.tlon Backgrouno, there in a cebuription of 17 an Order tant was inuuuu on Dececber 6th,1979 nooitying 18 construction peruits. Do you ucc snet oescription?
19 A 1 00.
20 0 Anu is that the cruer whicn you previously tentitieu 21 concerning cu Oruer which cocitico the construction 22 peruit ano etfectively utopped soils work Lt the site ct 23 tne true or atu assuunce?
24 A Yes.
311 1 O Anu uubcequent to December 6tn,1979 I believe you've 2 anoicated that CPCO L1100 a request tot a HeLring on 3 that Orcur?
4 A Ycu.
5 0 Ana ab a r es ul t of CPCO' b action of 1111ng that regucct, 6 did one iteus that were loentatico in that Oruer, wnich 7 the Uhc Statt had identitled us being the reasono tor 8 the issuance et that Oruct, couc into contention?
9 A Contention by whou?
10 0 hetween CPCO ano the URC Statt.
11 A An I unuorutand your question: Did ulitorenceu between 12 Concumers and Uhc develop over the items thct were 11 luentitloo in the Ordur? My answer woulc be yes.
14 0 Okay. Let so Lee it I can narrow it uown a lattic uit.
1L Tnat's not exactly what I meant to ask.
16 1 con't nave tnc December Gth,1979 Oruct with me, 17 but as I recall that Orcer setu torth a nunuer or itcau l lb wuich the UhC cLateu to be reasons ter acuuance ut tne 19 Decetaber 6 th,1979 Oruer. Do you recall that?
20 A I co.
21 Q Anu onc ot thoue wcc O/A probieran?
22 A Tuot is correct.
23 Q Anu one et tuum was incoility to obtein necescary 24 intotuution to approve the propoLuc remedial taxen?
I
. t 312 1 A Tnat web another; yet.
2 Q Anu the tniru, I oclieve, Wau a material tault utatucent 3 in the FSAR concerning the type uno uugree ci compaction 4 of the till at the tiidlano cite?
5 A That is correct.
6 Q Anc am I correct tact thic Hotion for Sumbury 7 Disposition is 11bitco to aust one of thoue grounus for 8 1acuunce et tne Deccuber GLh, 1979 Orocr, ano tnat's the 9 Q/A duticiencies?
10 A That in my unucestancing.
11 0 Ano guut so l'u clear: Ubich branch of the UEC woulu 12 have ucen primarliy concerneo witn wonitoring the l
13 luplementation or the C/A program at 1:1ulano?
14 A It woulu have cucn at the Regional Ottice. I shoulo 15 clarity tant in that URC doc 9 have a Quality Accurance 16 Dranch. The Reviewer who is involved wac John G11 ray.
17 So it was both the begion anu a portion or I;RR.
18 0 Did you personally have any involvemelu; in monitoring 19 the suplementation 01 the 0/A progrun at t;io;ano?
20 A Ho, I olu not.
21 Q Dio you peruoncily have any involvcaent in the 22 invectigation into the U/A ocliciencicu that are uct 23 torth an this flotion that are alleged to have occurrea 24 octore Duceauct 6th, 19797
4 313 1 A Your guection cayL involvement. I ha involveu when --
2 wnun the probAeu ucvelopeu anc the utructuroc 3 experienced greater cuttleuento than hea been allowco 4 tor in cosign. Anc I an involvec when the Region comen 5 cack to URR asking tor tecnnical ascistance to evaluate 6 the proulems.
7 So 1 m2 involveu. Uut in recognition ot that type 8 or involvement, vurcuc au I overuccing the actuel 9 lupleuentation ot Q/A proccoures; no, I am not involvec.
10 0 Let me see if I can go sbout it th'ic way: I notice that 11 on uutec Humberu 90514160 to 90514170, which is a 12 portion or thic Motion, theru's a docuuunt thht's 13 labelleus Material Facts at to Which There is No 14 Genuine issuco to bw Ilearo. Coula you turn to those 15 pagun ror me, pleauo?
16 A could you toentify the pages, pleaue?
17 0 It's enuing in Dates Numberc 168 and going tnrough Dateu 16 Numbers 170; the last turec numbers.
19 Do you have tause pagcc in tront ot you?
20 A Pagu 90514160 nau to oo with Haterial rects ac to Unich 23 Tucre ic ho Genuine issue to be Heard. Tnat is where 22 you wouAo like nu to focus on? Yeu.
23 0 Yeu. I'm going to auk you uovwrcl guestionL about tnute 24 three pages. Woula you like an opportunity to review
314 1 Encu titut?
2 A Yeb.
3 Mit. LIbbY: Okay. Lot's 90 ofr the recoro 4 tncn.
5 VIDEO OPERISOR: l'ra utopping tcpe.
6 (brict recuus taken.)
7 VIDEO OPERATOhr We are recording 69ain.
U BY !!R. LIDBY 9 Q lir.1;cnc, hu?'c you hao a chance to review the three 10 pageu I have uitecteu your uttention to?
11 A Yeu.
12 Q Ano I notice when I revieweu thele three chects that 13 there's three sub-groups ot unterial facts hL to which 14 the StcLt ib contencing there is no genuine issue to be 15 hearc; is that correct?
16 A And those cuoolvicions tuet you refer to are A, D, and 17 C7 lb Q Exactly.
19 A You.
20 0 Anu au I correct that the Larst Lub-group A sets torth 21 various yuulity oscurance uctaciencacc that hau been 22 acentit tuu by the tinC Stait es occurring prior to 23 Uccumber 6th, 19797 24 A Tney arc icentitied as ceticiencies on the pegcc tract u
315 1 you nave utrecteu ue. I'u trying to uncerutanc the 2 bacio for you inoicating that it vus betore DeceLuer 3 6th, 1979.
4 Q Let ue Lec it I can uo at this way. Au I correct that 5 thic liotion wou tileu in order to ceuk Sumuury 6 Dicposition on the accue or quality ausurance 7 implementation prior to December 6th,1979?
8 A You are correct. It ib anoicateu on tne tirbt page.
9 Q Okay. Anu cous that retreLh your recollection that 10 cub-part A was intendco to cet torth thocc. quality 11 accurance acticiencieu that the NBC Stott Delieved had 12 occurreu prior to December 6th, 19797 13 A Yeu.
14 O Diu you have cny personal involvement in toentitying 15 thobu O/A Goticienciec?
16 A I would have tv 90 to the woru involvepent again. In 17 tuut was 1 in the tic 10 caccking O/A procedureb? The 10 answer is no. Was 1 involved with trying to unocrctano 15 what causeu the plant till probica? !!y answer woulu be 20 you.
21' O Okay. Ucli, let uu put it to you thic way: Unica 1;RC 22 Statt percon compileu thib list or tnartecn Q/A 23 dutaciencieb ror purpouac oi this notion?
24 A We' re now teihing auuut pagec 90514160 through 1707
316 1 0 hignt. Ana, in particular, I'm talkirig about one 2 tnrough thirteen unuur uuu part A.
3 A 1 recily uo not know tor certain. I woulu expect it 4 would have buen complet ou by the attorney Ior -- f rom S LLD.
6 0 0xay, lihat l'u trying to get at -- naybe it'21 ue 7 cinpler to go back.
U Are there tive atticavite attachcu to tniu Motion 9 au well?
10 A You. They cru for Eugene Uc11cyber, James huppler, 11 Joseph Kane, John G11 ray, and Darl lioou.
12 Q Anu turning to ttant portion ot the liotion which lu 13 loentatico ao 11r. Gallaghur's uitloavit, which it Regins 14 at Dates tiuubut 90514242 --
i 15 A Could I have tnat nuubut again, picase?
16 0 It's 90 514242.
17 A 1 have lh( Lhat icge.
16 O And turning over to queLtion tour una unLwer tour, wnich 19 in on uctus tiumber 90514244 Au 1 correct that it was 20 lir. Gallagher who Wac ortering, via hau cepoLition, thic 21 Alst of Q/A ucticiencies which 1:ac been iuentitied as 22 .
occurring prior to Docuuber 6th, 1979 I
23 nR. JLt!TLS: Excusc rac. May I tiave tant 24 yuuttion r e-ruuu, pluabe?
Jvs m -v- -~-r -
--w -p w- - + - , - - - - ~
y- -,
317 1 A . I byrec, you caid a row worub -- Mr. Gallagher's 2 uupocation. That I aon't uncorutunu how it tit into 3 this.
4 11R. h1DDY: Okay. Lot Le rephrase the 5 guention.
6 fik. J EU S Eh 1 thought suc wac going to 7 re-reco the question.
6 HR. J LliTES : 1 think Mr. Libby is withdrawing 9 his prior qucLtion anc rephrasing it.
10 DY Hk. LIUDY 11 Q Am I correct that the purpoce tor tiling tie. Gallagher's 12 attluavit in support of thab !!ction wuc to attect to 13 this list ut g/A acticiencico that hao been laentity say 14 1 & E7 15 HR. JLhTCS Which uet acienciec ute we now 16 talking auout?
17 118. LibDY Those cet forth in Lub-part A.
lu A I woulu not phrase it in that manner. In the sence that 19 I think 1;hC's attornuys were trying to get the input of 20 those peopic who were involvcu with the probica, which -
21 is, in aucation to lit. Gallagher, anu make a
- couplete 22 document. Anu those tuitteen listings uay hcVe LL11cn 23 .out at ter all -- all pa rtiet had their input. l'ia nos l 24 quite curc now the tuarteen were luentities.
l
U e
310 1 BY HR. blBBY:
2 Q Let ne put it tula way What I'm trying to estabilon 10 3 your role in thiu proccoute. Did you participate in 4 compiling that list of thirteen outiciencicb?
5 A I aiu not.
6 Q Turning to cub-part B: The next uatorici issue for 7 whien the NHC contended there was no genuine iscue to be 8 neurd, was that tais quality cucurance breakuown cause --
9 anu I guech that shoulu be c6used -- inadequate 10 compaction at sollo ut the 1:1aluno site.
11 Did you have any involvement in tnat accermination?
12 A To the extent that uy becompanying utfloavit or 13 tectimony inuicctos that I telt the problem with the 14 plant till at the naulano cite was oue to innucquate 15 compaction. With respect to O/A breakuown ueing 16 coubanou with that, they are not uy stateuento.
17 0 Oguy. Well, let's turn to sub-part C, which states La 18 tollows: "Inadequate compaction ht the !!iciano site l
19 caused the boil settleuent probica at numerouu carety 20 relateo ctructurch.*
21 Ano I'm on Detcc number 90514170.
22 Diu your -- dic you have involvencut in tt:at i
23 ucterutnation?
24 A At tuab ti t.L , I olc not hcVe invo4veuent in ueking that I
319 1 ctatenent. But I wvulu ugree witti it.
2 C Okay. Turning back to your citicavit, whien is attachou 3 to thic flotion unu begins at uutos !;unour 90 5141u1 -- do 4 you have that in trcut or you?
b A It is page 90514101. Yub.
6 Q Ana turning over to quection tour anu A tour -- uo you 7 heve that cection?
6 A I ou.
9 0 1 notice that tne last Lentence uncornccta that answer 10 cescriuing tue purpouc or your testimony tus "fly 11 LIticavit uumonstruteu that if the originci compaction i 12 control requirements Let torth an the PSAR hua been 13 tolloweu, the plant till uctticuent prob 1cu woulo not 14 have occurreu."
15 Is that a correct clutcount or the purpoce tot 16 wnica your tecticony was filed or your articavat wen 17 tileu?
10 A On page two --
19 Q Um- tuim.
20 A -- the purpose of tne testicony lu given.
21 Q Uc-ur.ua.
22 A Whicn cayc it lu 60 cupi,1cuent the cri tuav at by lit.
23 GL11agner.
24 Q Uu-inau.
320 1 A On page tnree, the wotus that you reau, I do n ' t -- 1 2 uun't take those worus tu cuen the conclucion. ny 3 atfiuavat comonstratec tuut it the original compaction 4 control requirements set forth in the PSAR had been 5 tcilowou, tne plant till settlement problau woulu not 6 have occurreo.
7 I think that's a conclusion ot my study with 0 respect to tno problem. hut I don' t think you have 9 properly cnaracterAzed it by ucyang that is the purpose 10 or my testimony.
11 C Oksy. I teko it, thougn, tnst you continue to agree 12 with the ututcuent that's contas.nad in that conclucion?
13 A Tact in correct.
14 O Anu auct so l'u clear To what coupaccion control ,
15 requirementc were you reterring to in ucking that 16 statement?
17 A Tne onec that inoicated tne nicluno plant till woulc be 16 ca-nacted to ninety-Ilve percent or ASTnD 1557 cno 19 relative ocncity or the conesionlecc soils would be 20 compacted to eighty percent relative uencity.
21 hR. LIBBY C*,ulo I have that answer reau back 22 to ne, plence?
l 23 Oincroupon tnc recoro was repeateo.)
24 *A Tne ones tuut indicateu the Hicistic plant 1111
321 I woulu ce compactoc to ninety-tive tercent at 2 ASTnD 1557 anc reAative ouncity of the 3 conecionlece uo11c would be coupactec to 4 cighty percunt relative censity."
5 BY 11R. LIDDY:
6 Q Okay. And an I cotrect that if the till bud bee.)
7 cocpacted to tnoce coupeccion criteria that you a concluceo that there woulu not have ocen the uctticaent 9 till prob 1cun at 1:iclano?
10 A The answer to your yucution AL yub. I recognite th6t 11 there was & change from relative denuity trou 12 eighty-tive percent to cashty percent. Anu l'c not sure 13 it was atter -- the PSAn may have requirec cighty-11ve 14 percent.
15 Q Uc- n=ra .
16 A but somewbure along the line, 1 Lon' t know 17 whether it was in the FSAR documentation, that it was 18 indicateo to be cighty pcreent.
19 fly statement wouac oc 20 it it were compacteu to eighty percent relative censity ,
21 ano ninety-tive percent of maxiuum cry cencity, es 22 eutuu11Lhed in ASTUD 1557, we would not have nac the 23 probica --
24 0 Okay.
~
322 1 A -- aL ouvulopou at hiuland.
2 lQ Okay. I'u sorry.
3 And an I correct then that it the 1111 -- the 4 cohecive till, hau been coupactwo to ninety-five percent 5 ot Bechtel coditled Proctor, that it was your opinion G that you woulu have nad the settlement till 7 problen?
0 A That's the tirst t1ue you've raised that quchtion.
9 So, I have not audrcLccc that up till now. because 10 you're introoucing now Dechtel nooitico.
11 G Uw-huu.
12 A And it'u not the saue ac ASTnD 1557.
13 0 No. I unucratano that.
14 Diu you couc to any conclusions concerning whetner 15 there woulu have been a cettlement till problem 11 the 16 till nac been compacteu to ninety-rive Imrcent of 17 Dechtel n.ouitico Proctor?
18 A 1 cid not come to any conclusion.
19 Q Diu you conduct any utuuy to oute that outcruination?
20 A I telt there was no neeu to uo tant becauce what hao 21 been inuicated to the torc was ninety-Live percent et 22 caximum cry ocusity /6'IMD 1557.
l 23 Q Anu was that inuicateu in the FSAR?
l 24 A Ar.u at's uy uncurttuncing in the or191nL1 tuualttul of t
I
323 1 the PStdt.
2 Q Anu that woulu tiuve ocun lievision F.cro*/ .
3 A Ycc.
4 O Ana it's your recollcction that the PSAR ctatec tact the 5 till racterial woulo un cooEactco to ninety-rive percent 6 of the Iditt 1557, Method D?
7 A It'u my unvorctanuing Luct the Tabic, which I uninA wau 8 259 in the originil submittal, anoicoted that it nad 9 been coupactou to that Stancuro.
10 Q Okay. And gunt to l'n clear -- well, let's uo it this 11 way.
12 Uhst internation cru you usue your conclusion on l
13 tnat ir tne boil hoc been coupacted to ninety-tive 14 percent or /W'1H 1557 enu c19hty-11ve percent ot r elative 15 censity sor concLive anu conesioniccL meterialu, tnut 16 there woulu not have been a scetlement proolck ct 17 litulanu?
lb A Decausc c:: cy expetience witn that coupaction et rot t, l
19 because ot the uocun.cntation that hau been proviceu to 20 tne !;l;C, wnlen wnun it was coupacteu to thouc levcic, i
- 21 ninety-tivo porcent or t.axinuu dry cencity onu f
22 eignty-tive percent relutive uunnity, when in tne 23 luuuratury Lcupies were testeu to tause coupaction 24 ettertcunuweretesteuLoruneft ettength sr.d
324 1 coupreculbility, wnut wuu inuicateu 11: the PSAh uno PSAR 2 occuuentu was clint we neu nowstere nuhr the settictiente 3 chut we experienceu at the flaulanu Pro]uct.
4 Q So au I cortcet that the intornation thht you're busing 5 tnic tectimony on ic the intornation thut wau proviouc 6 as purt of the.liRR review ot intornation p!,ovlueu by 7 CPCO?
O A Pluc what I have anoicatuu with my experience with thau 9 compsctive criort.
10 Q Okay. Anu on now many projects cic they uso nitiety-Live 11 percent or ASTH 1557, hotuod D, tor cicy till thst you 12 werc involvec with?
13 A You uay how ccny pro]Letc clo tney. I woulc nave to 14 unuerstano who are Ency.
15 O The constructor or the crchitect/enginecr; tne bu11cer, 16 in laycen's terms.
17 A 1 con' t know it I can give you a total, but at is the 16 normni cuapactive ettort tor structurci cachrill.
19 There ere not too cany plantt thst I cm awcre et that 20 use clay bcektill ct Ltructural bocht111.
21 O Uu-ham. Well, it you can recall -- anu 1 xnuw it'o 22 tougn, you've worgeu on h lot 01 proaccts. Casi you recaL ,
23 a pro 3cet in whicn you were involveu, stou the 11RC 24 Ltanopoint, wucre une coupcction criteria who ninety-tive
t r, ,
325 I pe r cetit 01 ASTil 1557 ror cohecive till tnut wuu uuuu to L uupport structureb?
3 A Ortnano, 1 eunnot. Uut it woulu Ot by reco11cettori that i
4 every p',u]ect that I heu r eviewed with imC --
5 0 UR- nua.
6 A -- connectea with f all that wuc going to be plucou unoer 7 a Category I structure, which was not cohesionicus, 6 that acu cnough uilt cnu clay in it to bc the 9 predominant control ut that matorial, at woulu be uy 10 recollection on tne cartere.nt proJocts that all or thco 11 woulu have been coupactuu to ninety-tive percent of 12 maxiuun ary cenuity, ASillD 1557.
13 Q Just so I'm cleur You're reaching this concluuton uasuu 14 on your experience with both the imC uno the COE7 15 A That au coirect.
16 0 And you'rc casing it on cocumentation that wau proviueu 17 to you by Consumeru Power Coupany in response to your 18 request?
19 A The last worus that you auded Lace the question uore 20 catticult to answer it. Anu, that is, uocumentation hao 21 Decn cubmitted in tlau PSAE prior to uy involvLent, anu 22 I wnu ucifig that occuuentation. So it was not uy regucct 23 tnat nau generated that information.
24 Q Okay. Unnt I'm recily ortving at
326 I 10 thics Dic you conouct un inocponuent 2 study in arriving At your concluuien that there would 3 not have been a till prob 4wu it the coil huu ucen compactou 4 ninety -- the 5 cohesive till huu Decn compacteo to ninety-tive percent on G 6 16Tn 1557 ano 7 the sanu nad bocn compsetco to cighty percent or relative 8 donalty?
9 A The quection 16: Diu 1 concuct an inoepenoent stuuy. Tne 10 stuoy tnat I conaucted woulo oc part ot my no: mal review 11 ut the Midlano Project.
l's And to cutther expanc on that 13 If you Aoon at the PSAR cocunenth --
14 0 Un-huc.
15 A -- anu it you icok at tnc FSAR uocuountL, using cne coil 16 ptcpertieu crom unterial coupacted to those levels 17 woulo have given you auch better soll properties than 18 what was cantoited ct the niolano Pro]cet.
19 Q Uu-huu.
20 A Anu, theretore, it's not b cpecial stuoy that I'u 21 conducting, it'b pe2t c1 the normal review proceLU that l
22 l'u coing tor the Macianu Pro]ect, l
23 0 1 guesu wnat l'u looking tot ic could you 3uut brictly 24 run encou9n the thought procesu that you uceu in I
327 1 arriving at une conclusion that's cet torth in your ,
2 attiuavit?
3 A Yec.
4 Ucuou on experience un e Guotecnnicci Lugineer, I 5 recognize that ASTt:D 1557 anu eighty-Live percent 6 relative uenuity are a utgnificant ano large coupactive 7 ettort.
U Q Ua-tuau.
9 A Anu it is generully ecceptou auong geotechnical 10 engineers that it you require traat nuch coupaction you 11 will unuure yourselt that you' re going to come up with 12 collu ot large uencitiec anc gooo uo11 properties.
13 Q Uu-hus.
14 A ilhen I looA ut the hicluno Project occumento, the PSA!:,
15 and the PASR, when 1 look at one laboratory tests 16 tnat coue trom the testing ut coils that ure coupacted ,
17 to those levels, I bee very 9000 soll characterActico.
18 0 Ue- tun.
19 A Then 1 cee what has happeneo in the tielu.
20 Q Un- nan.
21 A Anu they aJe inconuiutent with uy expurience, they are 22 inconcastent witn the iuburatory results tact I see 23 puolluneu in cocunents nubulttuu to tne !;RC, anu on that >
24 unbac 1 concluue that vu ulu not got Lucquate ,
i
< , - - , , , . ,-,--y
F i
- c ~
h 320 1 coupaction.
2 O okay. But you caue no analycic to detoruano whetner a lowe{
3 coupaction criterie woulu have actually provicuu an 4 acoyuate support tot the utructurec at the U1dlano cate, S is that corecct?
6 A As I unacrutano your quebtion, you're usking ue: Dio I 7 cake a stuuy that lower coupective utfort woulu nc.ve
. 8 prouucco acceptabic properticu?
9 0 Ou-hou.
10 A Ho. Ana the reason I woulu not is I have uocuuentu 11 uubuitted to the NRC that arc telling uo ninety-tive 12 percent uaxioun ory cencity unuer D 1557 was achieved, 13 so I have i;o reason tu now go back and start looking tor 14 1ccc compactive citor t.
15 0 But, neverthelons, you concluded that not coupacting 16 it to the ASTitD 1557 unc eighty-tive percent ot 17 relative ocnuity wat the cauco of tne fi13 8ete.lcuent la prob 1cus?
19 A Not compacting it to D 1557 ic the proulua; you.
20 Q Okay. Ucxt let uu auk you to pull in tront of you -- I'u c2 21 wasa that occuacnt again, Lo if you gust want to cient 22 at out of thu why.
23 A It keeps couang Deca.
24 0 Tney ull uo cout cayc.
1
329 1
1 11 you would tcke in iront of you another cocuuent 2 wnich you were questionou on Direct Examinution that's 3 iuentitico ab Pluintatt'u Exuibit NHC 449.
4 Do you have that aucucent in front of you?
5 A 1 co.
6 Q And I belicyc that you iuentitieu this ao being a 7 occoranuum -- I uon' t know if it's in order or not --
b concerning a violation or the ASLb Order of April 30th, 9 1902 requiring prior opproval ot soils work. Is that 10 correct?
11 A 1 chink I hLo previouuly luuntifica is dL a cocument 12 originatou Dy fir. LanGLman of the kegion to Mr. Schoter, 13 also ot the Region, with the subject Luc violation of 14 the Doaru Oruar or April 30th, 1982.
15 0 l'c Juct like to explure tor a secono -- well, let's 16 try it this way.
17 Au I correct that this Oroot secc torth a 18 ocbcription ut two excavutions that Doctor Lanubman 19 Delievou were completed or begun witnout prior NRC 20 approval?
21 A Your worus were you think the Oruer cotu forth. I think 22 the uocunentation with recpect to the violction ot tne 23 Order coes, but the Orcer audrecced itcelt tu more tncn 24 tucce two uuct benbc.
330 1 Q Okay. Let oc try it os cin.
2 Ac cet torch in thau uumurannouu anu the attacunentc, 3 km I correct that Doctor Lancomen hhd Auentitied two 4 excavations tunt he believeu hau ucon begun or comp 1wted 5 witnout prior Imc approvaA7 6 A That ib correct.
7 Q okay. Ano na I correct that one ot the excavations 0 uealt witu going underneath the O cuct b.ank?
9 A Yes.
10 Q Uhere wuc that Q uuct bank locatec at?
11 A It was within tne alignment or tuo treeze wail, whicn 12 wuc being unca to temporarily control seepage uuring 13 construction activitica. So it crossed the itec:e wall.
14 Q Do you know -- tuo trecce wall, au I unuerutano it, went 15 cosentially arouno the auxiliary ou11uing, as that 16 correct?
17 A Tnat is correct.
16 O Do you Know at what point tcc ouct bank was intersectec 19 by the creuze wall? I'u looking tot uuyoc in 20 relationabap to the auxiliary bulluing.
21 A I co not recall the exLct location. I co recall being 22 proviucu occumento tnat itcDtitlec tnc utfrcrent coep Q 23 cuct cruccingc anu I also recoil that I tectatico in one 24 ot tne IWLB hearingu un tucce iccues. I co not recall
331 I wucro this upec1Lic one is locatoc.
2 L Okay. Au 1 correct that this cuct benK web ulttuutely 3 teruanated about thirty-tave reut below the Lucince et 4 the plant?
5 A l'u not uure et tuo coptn. 1 know it weL ueep. Anc 1 6 thing ti irty-tive woulu prolably be correct.
7 0 Anu au 1 currect that tne GBC determined that CPCO did 8 nave perniccion at lehtt to excavute uown to the cuct 9 Dank itselt?
10 A At thu tiuc of the I;cy 1962 ueeting, unicn was at the 11 Laue Llue au the ACHS v1 Lit to tuo Miulano ulte, it was 12 unuerbtooo at thu uceting between Consumera unu certain 13 reprcLenthtivcc ot Uhc that they could proceed to the 14 bottou but not go celow the auct ohnk.
15 Q OKay. Ano Doctor LanuLuan subsequently Octormined tnat tr c{
16 huo gonc below tne bottou of the duct bank, in that 17 correct?
18 A That is correct. Ac I uncorutuna it.
19 Q Do you know how rar ucaow the cuct bank the 1111 hac 20 been excavaLLG?
21 A At which Laue?
22 C Uhen Ductor Lanuuman initicily noticeu tuiu problem.
23 A To uy unuerctancing, it waL cight to ten teet.
24 O Arc uso the excavatica 01 the mLterica eignt to ten teet
332 1 below th1L cuct ocnk ur&w into question the ubility or 2 any uyuten or utructure to tu11111 Atu purpoLe et 3 !!1cianu?
4 A Are we talking auout uutin9 yours ot plant operation?
5 0 YeL.
6 A It coulu, ywu.
7 Q Anu how woulu that occur?
8 A Wnut is Deing unourcut by tnic occp cuct bank cxcuvstion --
9 Q Um-nmu.
10 A --
is en excavation un&L 10 secoving the existing till 11 soll below thic Category I conouit.
12 0 Un-nnu.
13 A And wnother that excuvation, wnich lu renoving uoll uno 14 replacing it with concrote, woulu be ucveloping u acru lb spot in the support c1 thiu concult to where curing 1G years or plant operation they coulu have dirrerential 17 ucttluacntu betwoun the baro Lpot unu otner Lections at 16 che piping which were Leill supporteu on coil.
19 0 Do you recall what corrective action was tusen with 20 regara to thic eight tu ten lect excavation below the 21 auct banks?
22 A Dy the utility citer thic?
23 Q Ye&n. Arter th1L.
24 A It's my recollection thut they ulo not 1111 it with
333 I concretc, that they ucco soll, anc it may have been 2 stabilitud 0011, but it wcu a coil nackrall.
3 0 .lunt uo l'a clears Unat's a uccbillaco 11117 4 A 1 can unuwer what a utebilized till is in that you nay 5 auc cncaicalc, coultivou to the coil to give it c 6 greater strength, sucn au linc or even pousibly ccount.
7 Q Okay.
6 A l'u not sure now wnether they unua cano or uccu111ced 9 soll.
10 0 Anu ulo the URC review thiu -- I don' t know it it's a 11 fix. Review this till to ceternano whether it whu 12 aucquate for its purpouc?
13 A Ho. That's part or the prob 1ca. At the n:y meeting, 14 1902 tecting --
15 0 Ureluu.
1G A -- it was agreed that what was being inuicatea to oc une 17 propoued creausent --
lb Q Ure nuu.
19 A -- woulo oc looned at by hBC by a bubulttal of cocuuents 20 by Consumeru.
21 Q Uu-hnu.
22 A Ano we worc indicating to Concuucre that you shoulu oc 23 concicering the potential prouluu with this nato spot.
24 So HEC was expecting a cuualttc1 ci tha' internation.
334 1 To uy Knowlcoge, thot intorkhtion wcc ncycr cubmitted up 2 till the time ot tnic ASLB liearing, which, to uy 3 reco11cetion, wou in ivoveuber ot 1503.
4 Q Subsequent to that licuring, has the Applicant cupplico 5 that inforLation to the 1ltC?
6 A I'm not cure, through tne cource et the lleering, tnc 7 intormation, oy wnut was probenteu, woulu have given us ot9t/
8 tnat intoruction. To uy Knowleoge, liRC has t h b 9 acsuuseu that information.
10 Q Okay. Anu 1 bulieve there's cico a reterence to an 11 excavution f or a tire line, is tuut correct, in thib 12 ccuoranduu?
13 A fir. Lcnonman clu identity a probleu with the tire line.
14 C Do you recc11 where that tire line was located at?
15 A To by recollection, I was never involveu in any 16 caucussions with scopect to the fire line.
17 Q Okay. Anu ao you con' t have any perbonal knowledge a:
10 to want the concern, ottact than violation ot the cruer, 19 but 11 enere was any caf oty implication of excavating 20 lor the tire liney 21 A I think I inuicateu ut tne ASLB !! caring on tt:iL accue 22 tract I uo not recall hcving oiucussionc on the tire line i 23 or the ptopoueu trectuent. I thinK At wuc an iscue tuat i
24 nau ucen ceparately ulccucLLo between lit. Lanuccan anu i
7 335 1 conuuncru un allierent anyu.
2 Q Ano 1 belicyc you were cluo known a ucuorcnouu uno Uruer l 3 concerning this that wuc aucucu by the ASLB, au snut ~
1 4 correct?
5 A That is correct.
6 0 Do you recall whether or not a civil penalty was imposed 7 an a recult or this violation of the ASLL April 30tn, 8 1982 Orocr?
9 A I uo not recall wnether a civil penalty was. but I 10 tnink there vau occuuenth yccterosy proviccu that unowed 11 tnat the decision or hichero DoYoung, with requesting 12 consuuers to uo a inanuvunent Stuoy.
13 Q Okay. Ano Juut co l'u cicar Which t;anageuent Stuoy 14 wou that?
15 tin. LicuY: Ukoy. Why don' t we ctop tor a 10 accono.
17 VIDCO OPERATOR: Paucing tape.
18 (brict recuch tusen.)
19 VIDLO OPERATOD: We cro now recoroing.
20 bY tin. LibDY 21 Q lir. 1:anc, l'a like to uove on to yet another cupacet 22 Lhat you were exauineu on uuring your Direct 23 Exeuinc tion. Anu li you coulo take in tront or you two 24 ExhibitL wnlen have been ident111eu as Pacintirr's
- - - - -- __ - J
336 1 Exnicit PX, CPC 2497 anu Pacintirr's Exnibit PX, URC 2 452.
3 A The numbers agein were?
5 A I co nave that.
6 Q Ano 1 Oclieve you lountiL10d P1hintift's Exniutt CPC 7 2497 as a rePcrt to the NBC 1 rom CPCO concerning -- cn, O creuse av. The manicuntitication of borings Augu L-1 9 througn b-4 logs are the Lorings that were taken on Lne 10 niulano sitc?
11 A Yvs. It wou a cocununt to the ASLB bouro genernted by 12 JaLos Brunner ot Consuuctb Fower Company.
13 0 Anu then I bc11 eve you tuent111eu Plaint 11t'c Exhibit 14 NRC 452 an your hiliotvit tunt wac tiled witn tne boato ib in response to nr. Drunner's letter; is that correct?
16 A Thct ib correct.
17 Q Okay. Ana cri I correct that the suuject matter or both 18 thouc cocuuents AL boring logs D-1 through D-4?
19 A In the arca at the cieLui tuel oil tanLL, correct.
20 0 okay. l'u like to cnow you a cocument, whicn I'll ask 21 the Court Reporter to toentaly as Dctunuant's Exhault 22 D-4103, ano elk it you can acentity this aucuacnt, 23 picauc.
24 A 1 woulo like to take clue to reau the uucursent.
a
337 1 (Exnibit D-4103s Docuuent uutuu 2 Day 1982 trom J. Helconholuer.)
3 HR. LIBDY: Surc. Let's go ott the recoro.
4 VIDEO OPE!WiVR Puusisig tape.
5 (bract roccus taken.)
6 11 8 . LIDBY: We're back on the recora.
7 BY llR. LIBDY 8 0 Can you iuentity ttias uocument tor me?
9 A It is a docuuent that i received, it appears to be in 10 . April of 1902, trum Jiu Heinenheimer ' t oConsumers Power 11 Coupany. Ano it suurubues the question of the luona 12 Land inuicatco at boring Dr-5 in the area or the ulcrel 13 tuel uti stotage tanku.
14 0 Anu coulu you Dractly lovntity it tor uc, the 15 uttacituents to that ueuorunuum?
16 A Tncy are not locntificu ab cttact:enents, out I will go 17 through wnat cuch of tuco utiow.
16 The 11 rat page, whicn hub the nucoct 50201648, is a 19 ccptn procentation ci borings D-1 through U-4, 20 indicating tne Ltretitication of the ditterent soilu anc 21 the blev counto recorocu in thole borings. It givec trie 22 coorcinates cnc the cate utallec tor those ocringc.
23 Q Juct to l'u clecre br. i;anc a heturning to thLt 1 cut 24 paragropa un the tirbt pcge et the trasiculttal letter,
338 1 16 tnut uocument tact you 3uut iuentatiou ruterreu to 2 there cu the geologiceA ploth are provauou Lor your 3 teview?
4 A Ac 1 unocrotenu your yuention, in the thiro uuntence 5 trou the bottou where it cayu -- tnet contonce Lsys:
6 Crocu-ucction n-n psius w1Ln B-1 through b-4 geologic 7 ploth arc proviacu Ior your review. As I AcoK at the 8 chcot that I veu luentifying, I oon't see section n-n 9 prime, so, I woulo havw to continue to look to see 10 wncther tuere tu onu that titu that ueLcription.
l 11 Q Let uw try it thau way: Aa 1 correct that tue tin 41 12 paregraph bab tortu uccuucnts that were trancultteu 13 clong with thau cover Lucet?
14 A It cour.
Ib Q Anu um I correct that the 11 rut ituuu tact are 16 luentatito are borinb logL b-1 throusu D-4.
17 A What yuu have Inuicatuu is correct, but tne logu or 18 boring; b-1 througn L-4 arc not the Larst attachmentL.
19 Q They cren't the titLt atthenmente, but they are inclucco 20 at Lates huubur 50201661 through 645, ragnt -- or 654?
21 A That ic correct. t 22 ( Anu then tne f. ext Lnany that at.pucts in the uuttom oi 23 tuiu paragrupn au thut 91'-5 through D0-7 uorang Augu 24 Ycro Labo ocing provaucc, tu th&t corteet?
y .--a --
339 1 A Ysu.
2 Q And those ere tvunu at 50201655 turcugh 50201656; 1s 3 that currect?
4 A They are the boring Aogh tor DF-5 knu 7; you.
5 0 And the next kning that's retetenceu there ac the 6 cubsurrice crouu-ucetion n-K princ; as that correct?
7 A Yeu.
8 O Anu iu that locateu on batch Huuuct 502016497 9 A 13 0 , it'c not.
10 0 OAcy. In turning to the luct sheet that'c in. thin 11 Exhioit, wulch as batuu huuber 50201659, I oce a little 1.2-1
~
12 ncnuwritten notation at the uutton ot l'SAR P19 13 roccivou tron J. hc1Len.
14 A 1 gueLL 1 ciu not coupicte nio name.
15 0 Ukay. Is that your nanuwtiting, though?
16 A You, it is.
17 Q fteturning to one tirbt three [cgen or thic Exniutt, Ib which cre batec-Ltauped 50201648 to 50201050, uo y ou 19 recall being proviceu with thole three pagec in acuition 20 to the docuuentu that src roterreu to in tuo laut 21
- pcrograph ot tuib uvuuutut at or about 1 arch 29th, 1982?
22 A It woulu oc uy recollection that, you, tney were part ot 23 cast pcekuge.
24 Q Okuy. Going uvor to u.c page ot the Lxhault that'c l
340 1 bateu-ctampeu 50201649, coulu you bric11y ceL.cribe tot 2 ue the type 01 intorLutioli that coulu be obthineo troa 3 reviewing thau couuuent concerning Dorings b-1 through 4 B-47 5 A I woulu 11ku to take the Llue to review 50201649.
6 Q Sure. Could you 11Ae to review the entire cocument?
7 A It woulu ocpeno on your quettions.
S Q It's going to De the baue k11:u tor most of the 9 coeuuentu.
10 A I think I shoulo chen.
11 init. LIbDY Ohay. Why uun' t we 90 vif the 12 record then.
13 VIDEO OptRATol: Stopping tan =.
14 (Crici receLb taken.)
15 VIDEO OPERATCit We are now recording.
16 BY 111t. LIUDY:
17 0 Okay. tit . I'nne have you hou on opportunity to review lb Detencent'c Exntuit D-41037 19 A Yuc, 1 DLvo.
20 0 Ana turning to the scheLatic that appocru on 50201649, i 21 coulu you tell ne what infernetton can be outlined tros 22 thic orswing concerning Duringu b-1 throuyh b-47 1
23 A You nave inuicatsu with r eL Pe ct to uoringu b-1 through 24 b- 4 . 14 you look at onay thib page, 649,1 con' t Lee e
341 I wuert b-1 through b-4 ac anotcutec cc all.
2 V Okay.
3 A It you cooruinutu at with the chect betore that, wheru 4 the coorottu.tes arc given Lor the cisterent buringc D-1 5 through D-4, it wouac inulcate that they are *.hc boringo ,
6 that use ucing - whose coorcanutus are being given on .
7 cnic cketch SK-C-541.
O Q So um 1 correct that by looking simply at the schematic 9 that's Sl;-C-541, you can actermine the coorutnutes of 10 rour Loringc; au unat correct?
11 A 'ie t . With uomo cuditional intoruction.
12 0 okcy. And what kuultional inrormation in that?
13 A Unuer notes it inoicatuc the colings shkil be unde at 14 tne cuove locationc shown. The materials trou thu 15 uoringu knell be tested in accordance with the spec, 16 wnich I uncurutand would be spec 7220-C-200. Anu tuo 17 test chall be uominacterca in accorunnce with tue le qua11ty accurance program spec 7220, it appobru to be '
19 G-22.
20 Q Okny. Anu turning to the next page in tue Exhibit, 21 which is Dctes-htaupcu bO201G50, what internation 16 22 av611abic to the resuer of tnis uocu= cut concerning 23 uotingh D-1 turou9n b-47 24 /, It is a Tuule which 11 cts certcan intortsution on DuringL
c . .
6 342 1 b-1 through L-4, wnich zu the location by coordinateu, 2 the grounu elevstion, wnica 10 what you would expect ror 3 the till at the litulcnu otte. IL 91vun you the ceptn 4 intervci ot Lcapicu tuhen in the ditteront Doringu.
5 1 co not know whutner that is a complete 11ct ut 6 tne unuples, out it proviuus you the cicyction of 7 certain uaupleu at each of the boringu. Anu then there D is a scourk coluan which telic you the typc ot saLpler 9 wnicn wun uucu tor the oltretunt sampic cluvations.
10 0 Anc what type ot compier wcs used?
11 A It appears to be ShcAoy tube ano uplat upoon.
12 Q An I correct that only one oi the buuples uucs split 13 upoon?
14 A tio. I woulu take troa thau that at luout turve of tnen 15 dia.
10 Q Okay. Anu which threc arc thouc?
17 A Prom uoring b-2, for the acpth intervals trou 609, 607 -- >
lu I'm cor ry. Tacy' re all three cauples are incicated to 19 be in that elevction r angu. There appearc to be threc 20 scopics in the cicyction range trou 609 to 607.
21 Q Okay. Anu 11 you'c retor buck to the previous pcgc.
22 Are the cooruanctes 11utuu tot h-1 through b-4 23 consistent with the cuorainatcL that are uut rottu in 24 the beneuatic? ,
343 1 A You are retorting to the cooruanctuc whicn cre given on 2 psyc 502016407 3 Q Uo. Coorcinntuu that are given on OctoL Huubor 4 50201650, wnten au -- appears to uc the pegu ILbelleu 5 coal boringb sanpits, cuergency utesel tuel ctorage 6 uten. Anu comparing tnet to the previous uchematic, 7 which tu 50201649, crc the coordinates cet torch unuer 8 the locction column conc 10 tent with the cooruinctcc of 9 tne borings that krw set l' orth in the scucuatic?
10 A Tney appear to bc.
11 Q Turning to the next lour pagcc, whicn are hates Nunocr 12 50201651 througn 50201654, cnc whien nove been 13 luentatico un boringu logu D-1 through D-4, could you 14 tell ne what incoruction is uvu11able trou these 15 uorings?
16 A It 1u 4 recoro oi the ooring 109 tor each ct the boringu 17 D-1 tnrougn D-4.
10 Q And I notice up at the top that there'u a cate when 19 tr.ese burings were taken?
20 A The cute varies betwoon July 21st, 1977 --
21 g Anu tucn below that is c job --
22 A l'u not quite Lure at the uste on boring E-4, uut it 23 Lppento to bc July 27 tn,1977.
24 y Okcy. Thank you.
e -- 2 m e.
4 344 1 And below tnut there's a Job acorchu?
a 2 A Taurc'c only a jou audroLL un one ut the boringb.
3 Q And which onc?
4 A Which iu inuacutuo to be AT & Te liluland, nichigan.
5 Q Anu on the reunining tnrce cotanga, the only Job acurcus 6 or only iniormntion tnat's providou is iticiand, 7 Michigan?
8 A That is corruct.
9 Coulo 1 cay souctuing about this?
10 Q Sure.
11 A You navo gust roterred uu to a Job oudress AT & T. As 1 12 unuerutano, part et the controversy is tucre are boringo 13 that were taken at a location ofi the Hiciuno site wnica 14 buccuc cuntuceu witn the borlugs that were tonen c.t tne 15 hiolanu situ. Anc I'd have to 4Lk if AT & T is the Lith 16 awLy trou the Hiciano Project, why is the intorcation 17 tnot's being cubmitteu to uc, h8C, an 1962 unang boring la logs 1 rom a cite ott the plant?
19 1 quess what l'u trying to hay in: 11 1 look at 20 th16 boring I don't know what AT & T counc, but I csbuuu ,
21 coucone wno Lubmits it to ue ou part oi t he Ululano 22 Pro 3cct couun't ccan it'c ott --
trou an ott site.
23 Q Okuy. Anu going uown on Luc rect ot tucce Augu, is i
24 there an clevution given tor the borin9s tuot are lautto l i
345 1 on b-1 througn b-47 2 A he' re now returring to paves 50201G51 through 54?
3 0 Yuc.
4 A Anu your question aus Arc there clovutions given?
5 0 Yeb.
6 A 1 cou no eluvutionu given.
7 0 lu thure any cooruineteu given?
b A No, I uo not.
9 0 kelcrring ouck to the Lucono page in tatu Lxhibit, which 10 ac Daten Nunucrec 50201648 -- do you ucvc that 11 calculction chect in tront ol you?
12 A 1 ao.
13 Q Anu tasang h looK Ut thu inlurmation L, hut 10 proviued un 14 b-1, anu couparing tuat to the blow countu in the 15 descriptionL or Lollo th&t cro containeu on b-1, tuut's 16 locutcu ct 50201651, an I correct that the ucLcriptions 17 or Lbc colic ano the ulow counts are concistent?
lb A Cou1G 1 have the two pageL you'tc cuning oc to coupare 19 again?
20 0 It's 5020164b, which au a culculation chect apparently 21 prcperco uy T. lienuerLot., anu 50201G51, which lu 22 apparently a botany tor log E-1 tant wuc preparou by 23 UcrLcnel boyu.
24 A Anu the question sycin ac?
346 i
1 Q lu the internetton ist lotta concurning the blow counts 2 unu tue ocucriptions or the Lo1Ac un thocu two chartu, ;
3 or tuo chart on tue calculation sticut cho the Loring l 4 109, in the cppropriate coluulis conclutent?
5 A I woulu tiave to ack you to taku cecn one ci thoce that 6 you're csking ue to couparc.
7 0 Okay. <
6 A Decauco you' ru it.91chting the soil occcription. Trivre 9 is no Loil uuccript19n on 640, so I cannot coupare that.
10 Q (' '<. How about the blow counts?
11 A 1. feark the blow counto, couparison Octwoun 648 unu 12 651, woulu inuacete the tunc ulow counts tor the 13 uitterent uupch intervalc.
14 Q Anu then turnarig over to the log L-2, which appears to 15 have ocen preparcc Oy herschel Boya on July 22nu, 1077, 16 cre C.c ulow countc there the Lane us tnoue that sto sut 17 tortu in hr. Henuercon's cciculation checto unuer b-27 ;
16 A Scac of ttic nuLberu are catticult to ruco, but it 15 appears they ou match up, yves the blow counto.
20 Q Thtn gottig on to tir. bogu's Aow tor b-3 unu, Lgain, 21 cocporing that back to t.r. benueruon'b calculation uheet 22 tor 109 h-3 use, aguan, the blow countL contistent? r 23 A Yncy cepeut tu us, yes.
24 V Anu t insily go t rig t o 1.r . b oy u ' c l au t our itis 109 tot b-4,
347 1 anu comparing that to nr. hencerson's calculation uheet 2 for B-4, arc, again, the blow countc, consistent?
3 A Yes.
4 Q Uow, going over to the docuuent that's on Dates 11 umber 5 S0201650, ano in leuclied coil boringu campico, 6 caergency ciecci tuci storage area -- co you nave that?
7 A 1 do.
8 O Ano looking at boring sample U-1 in comparing tuat to 9 11r. Hencerson'c calculation sheet on 50201648, are the 10 locationu anc ground elevation the same?
11 A You' re asking ue to compare 650 with what?
12 0 650 with 648 tor log D-1. Ana I'm asking you wnetuer 13 the gro,so elevation and the cuoroinateu set torth on 14 !!r. liunuercon'c calculation sheetc are the como?
15 A It apteurs the elevation unown on 648 for the boringc 16 iaentitlec on 650 are the snac.
17 Q Anu tor B-2 la that also true?
18 A Ycb.
19 Q B-37 20 A Yoc.
21 Q B-47 22 A Yeb.
23 0 1lould it have been posciule f or !!r. Hencerson to obtain l
24 that Internation trop tne Doring logs b-1 rhrough D-4
l l
340 1 treat were preparea by Mr. heruchel boyc?
l 2 #1R. JLhTEL; Excuse 130 Are you finichee?
3 MR. LIBBY: Yenn.
4 MR. JC!iTES: 1 ou3cct to the iorm or the S question only in the bunse that it callc for 6 speculation. I oon' t know how Mr. Kane can unoerutanu 7 or state a view as to what Mr. Hencerson cio or old not 0 concluou and tron what.
10 0 Do you undcratano ny question?
11 A 1 understanu your question to be: Coulu the information 12 that is on pages 651 through 654, coulo that information 13 have conc f rom br.11enderson's calcp .tlon chect 01 640 --
14 Q Yeah.
15 A -- wi th r es pe c t to elevationc.
16 Q It's the other way around.
17 lo the inf or:aution concerning elevations and 10 calculation available on borings logs B-1 througn D-47 19 A It is riot.
l l 20 "O I believe that you inuicated that enic material was l
21 cubmittco to resolve a probAcu concerning the extent of i 22 a sano pocket sacar the cicuc1 tuel tankc; ic that 23 correct?
l 24 A 01 c loose canu pochet, ycc.
I
a 349 1 Q Okay. Anu that loose Eunu pocket was locateu on boring 2 DX-5; is tnat correcti 3 A I think it was DF-5.
4 Q DF-5. You're right.
5 Anu turning over to puring log DF-5, wnlen 1 6 uelieve appears on Datec tiumbers 50201657 to 50201650, 7 could you tell me at wnat location that J.oose pocket of B sono was locateo?
9 A I don't know about your copy, but utne ac very Dau.
10 Q It's the best I could get. I'u corry.
11 A It appearu to be on page 657.
12 C Um-hr.ua.
13 A- At a depth intervc1 ot charty-one rect -- it appears to 14 De from thirty-one to thirty-three anu a nult.
Ib Q Ano what's tne elevation?
16 A The blow count, au 1 unocrutanc it --
17 Q Sure.
10 A --
tor tnat octerial, woulu be a blow count or eight.
19 Q Um- nau. Anu wnat elevation woulo that ce locateu on if 20 you can tell?
21 A It appears to oc rtou 603 to 600.5.
22 O heturning to the page Dateu-ocamped 50201650, which is 23 labelleu coil boringo ocrapicc, cuergency olecul tuel 24 ctorage area -- ou you have that tage in tront et you?
v
350 1 A 1 do.
2 O Are there any ot tne campiut that are at un elevation 3 either at or below 6037 4 A It ooes not appocr.
5 0 Au I correct thet the lowcut sample elevr4 tion prov10ed 6 on this page is 6077 7 A You are correct, that's provided on that page. But 6 coulo I now look at boring D-47 9 0 Sure.
10 A tiow it's my turn to owitch you around, 11 Q Okay.
12 A liow look at B-1.
13 Q Okay.
14 A Tne elevation given tor D-1 on page 650 --
15 0 Um- tua.
16 A -- in elevation 629.
17 0 Uu-ham.
le A It you look at the aupth or ooring b-1, at the column 19 where it says oepth, it gouc to copth 11 tty tect.
20 0 Um-tcc.
21 A It you uubtract titty teet trou elevation 629, you woulo 22 have 579; ano, tneremot e, we oo nave capples below 23 clevation 600, uut trou the D Serieb borings.
24 0 but tnot's aLLuming tnat L-1, au reported by lit. boyo on
351 1 July 21st, 1977 anu Dates-ctaupco 50201651, was taken at 2 grounc elevation 629 anc at coorcinatec 420 -- or south 3 4256 anu east 520; lan't tnat correct?
4 A That is accusing the inf oruation you proviced to un ic 5 corrects yes.
6 Q I'c next like to snow you a uocuuent, wnica l'11 ack the 7 Court Reporter to mark au Detenaant's Exhibit 4105, and 8 asx at you can iaentity this docuacnt.
9 (Exhauit D-4105; Letter cateo 12-21-84 10 from J.h'. Cook to J.G. Kuppier.)
11 A Exhioit D-4105 AL a Actter trom Jameu Cook to James 12 Keppler cated December 21st, 1904, who has au o cubject, 13 dichel fuel oil tank soil borings. Anu it woulu be a 14 cocuuent that was uubmitteu to the 11RC af ter writing of 15 my atfluovit.
16 BY llR. LIBBY:
17 0 Okay. In fact, it you ref er to your af fidavit, tne 18 letter is cateu tne came cate as your aftidavit, tu that 19 correct?
20 A I thinx -- I think I indicated it was receivea atter the 21 writing of ny artiaavit.
22 Q Okay. Thank you.
23 Anu turning to page two anu tnrec, ao you see tne 24 Lection unat's labelluu Root Cause?
4 352 1 A I co.
2 Q Anu unat inforuution was provicea to you atter the 3 tiling of your articavit?
4 A Thic Ictter was proviued to me after my writing the 5 attluavit; yes.
6 Q Okay. And turning to tne corrective action part of this 7 utatement, I notice the to11owing stateuent: "Becauuc 8 of the Project chutuown, these corrective actionc will 9 not be pursued ano no further reports on the ouu3ect 10 will be mace unaccu the hiulanu Energy Center 10 11 reactivatau. This iteu will be entereu in our 12 Cortcuponcence and Cocultaent Management Systeu tor 13 long-tcru tracking."
14 As you unceratano it, no turther action au being 15 taken on this uuticiency that's been lacntiiied as a 16 uicidentitication sf boring logu, is being taken at this 17 tice?
16 A I.L I uncorstanc it, that is correct.
19 0 In cualtion to your work an a Reviewer, I believe you've 20 direacy tectifica that you were involveu as both witness 21 and in hc1 ping the liRC'Stati prcpare tor the So11c 22 liuarings; lu thct correct?
23 A tiould you repeat enat, plence?
24 Q Okay. In euuttion to your work aL a Reviewer or a
i 353 1 Tecunical honitor 01 the geotochnicci arcac, I believe 2 you've testitieu tuat you were also involveu in uotn 3 testitying ano preparing intornation for use by the IlhC 4 Stati attorneys during tne Soils liearing.
5 A That is correct.
6 0 Let me show you an Exnibit, which l'il aux the Court 7 Reporter to acrk ao Datenuant's Exhiuit 4133, anc cuk it 8 you can 4"entity thic occument, please.
9 (Exnibit D-4133; !!cuorandum cateo 10 10-27-82 f rom ti.11111er to T. !;ovak.)
11 A I have glanceu through tue uocument.
12 DY !!R. LIBDY 13 0 Can you icentity it tor the rccord, pleace?
14 A It lu a oocument autou Octooer 27 th,1962 with Exnibit 15 Nuuber D-4133.
16 It hac been initiatou by fielanic !! iller at the I;RC 17 Statt ano ic a accoranuun to Thouca tiovak through blinor 18 Acenacc.
19 0 Anu is the sub3ect matter of tuiu uocuuent the Admittcu 20 tiiulunu Contentions?
21 A Yeu.
22 O Coulu you explain to ne bric11y how -- what a contention 23 lu?
24 A Tne review proceUU that tuKeb place lor a nuclect power
s 3b4 1 plant ic in an open public Lorum to where the public iL 2 provlueu the docuuents the uuat ac the Start lu given in 3 the public cucument rooau ano at the llRC. So the puulic 4 ic tree to Joch ct all aucunents submittes Dy the 5 Applicant to tne Secrr. When soue uenbcrs of the public 6 have concernc or probleau that they perceive to exist, 7 they are f ree to -- to raise those probicas, uno the 8 normal prococu would De for tnose prob 1ccu to appear oc 9 contentions in the ASLD licaringh.
10 0 And I notice that you' re cc'u on thlu cocument, is that 11 correct?
12 A That is correct. ,
13 Q Anc to your knowicago was thic occument createc in the 14 otuinary cource ot the bucinesc of the !!RC Statt?
i 15 A I woulu have to answer yes.
16 Q Ana waL it tranculttua to you in the ordinary cource of l 17 the bucinesu of the llRC Stat t?
i l lb A Yes.
t l
19 Q Ano to your knowleage hac it ocen uaintainco in the i
l l 20 tiles or the 1;hC?
l 21 A To my knowleuge, it hau.
22 O And have you neu a enance to 91ance through the 23 contentionc that are attacheu nereto?
24 A 1 have glunceu at then.
l
i f'
355 1 Q Arc they accurate to the best of your knowleoge?
2 A I'd have to take each one or thou cnd cee now I am 3 involvec with thma to know whether they' re accurate. I 4 take note tant it is outed October 1982, which ic at the 5 time the SER Supplement was written.
6 Q Un-brai.
7 A Anu I would assuue that what is being done is an 0 anscchacnt ic being maue at this stage. If you want my 9 couments on the accuracy at each of these contentionL, 10 I'o have to go through eacn one at thoue.
11 Q 1J0. I think we've been here long enough.
12 !!R. LIDDY: I have no furtner questions.
13 !!n. J uiTCS: Uny con't we 90 ott the recoro 14 tot a tew minutes anc I'll get my documentc organizeo 15 ano then we can prococo 1 think prouptly through the 16 Re-Di r ect .
17 VIDCO OPERATOR: We are stopping tape.
18 (Drict reccus taken.)
19 VIDCO OPERATOR: Uc are now recorcing.
20 RE-DIRECT EXA!!IllATION 21 BY MR. JEllTES:
22 O lit . 1anc, I'll try t.o keep my Re-Direct reasonably 23 cnort, 24 I'o like to utrect your attention back to
i 350 L
1 Detenacnt's Exhibit 4103, wnich relates to the cieuel
'e tuel oil tank boringu anu the mix up on tnat.
3 Au I unuerstanu IL, D-4103 was a hanuwritten 4 occorancua witn some attachments that )au got from Mr.
5 heicenheiract oi Consuberu Power bach An liarch oi 1982.
6 A I tec1 baseo on -- it 16 correct. Dut I think it uhy 7 have been the early part at April ot 1962 tnat 1 8 receiveu then.
9 Q All rignt. When you received the cocuuent una revieweu 10 the catericis, coulu you tell ne whether or not you 11 uullevec that the boringu U-l through D-4 were borings 12 that had been taken at the Hicland nucicar plant Lite?
13 A 1 cic Oclieve eney were. Anu I also believe that 14 Concumers, when they submittec thin uocument to me, at 15 this time aluo believeu they werc.
1G Q Ano dic -- in looking at the cocument that Mr.
17 Heisenheimer cent to you, was it your unuerotanding or 18 not trom that oocument that he was representing to you 19 that these Dorin9L h-1 tnrough B-4 had been tcKen at the 20 cicoel fuel oil storage tunk arca?
21 A I uncerotoou Dr. Meisenacimer to believe that thcLe 22 boringu nac been taken in the arca 01 the cleuel Luci 1
l 23 oil utorage tankc.
24 Q And, in particular, it you look at the ucconu centence l
l
357 1 of tne iirst paragrcpn, it caia: "The B-Serics borin9c 2 were crilleu prior to insta11ction of the curico tuel 3 oil tankc but are representative ci coil conuitions unat e
4 now exist below the tanks."
5 Ano then cown in tue oeginning of the thiru 6 paragraph reterence is uaue to: "borings b-1 ano DF-5 7 are on the order of only twenty rect Iron Doring DF-5."
8 What conclusionce one way or another, Old you draw 9 f rom thoue stateuchts by fir. Meinenheluer in the 10 muaoranuum?
11 A Tnat the inrormation that was precentcu trc= the borings 12 D-1 through u-4 were being uuco to reach a conclusion 13 tnat indicated the loose sand conc, that was inoicatec 14 at boring DF-5, was not continuous. So we were relying 15 on that inf ormation f rom boringu D-1 through B-4.
16 G And, uorc particularly, were you relying on that cata an 17 ocing an incication by br. Meicenuciuer that thele 18 poringu B 4 -- or b-1 through D-4 bore airectly on 19 the alcLe1 tuel oil storage or fuel cil tank soils 20 conoitionu?
! 21 A Yeb.
22 O And it you look over to page two at 1640: Were you led 23 one way or the other to believe by the cooruinates tnat 24 are shown thero enu tuc little map that appe urb on page
4 350 1 1649 that these uocuments chowco that D-1 through D-4 2 were locateo at tne coorcinates that are shown on that 3 map which zu at tne litulano nuclear site?
4 A Yeu. Tnat was our conclusion.
5 0 And baceo on the inf ormation that you have recently 6 received, uno I'u reterring to the intormation that wau 7 taoe available to you in December of 1964, ao you 8 twlieve tnat Mr.11einenheimer misleo you as to where tne 9 borings b-1 through U-4 were located?
10 liR. LIDDY: Objection: Leecing. Ana also 11 calls ior speculation.
12 Un. JE!;TES: I'll rephrabo the yucution.
13 BY !!R. JEUTES :
14 Q Ilave you reacned a conclusion one way or anotner as to 15 whether 11r. heluenheimer uiulco you with regaro to wnere 16 the borings D-1 through U-4 were taken?
17 IIR. LIDUY: Same objections.
16 A I ao not believe Mr. !!cisenheimer micled cc. I 00 19 Delieve Hr. !!ciconheiner was misleu with me.
20 0 Uhether or not tit. lleicenheiuer, in turn, vac minico, 21 the intorraation -- I'n sor ry. Let ac reparase that.
22 Uhetever may have ucen the cituation as to wnether 23 11r. licisenheiner wac miclec or not, wac the information l 24 that wuc uupplied to you that uaken up D-4103
359 1 minicading?
2 tiR. 1,IDDY: Objection: Calls for an opinion.
3 A The intornation that au contained in Exhibit D-4103, it 4 you une it the way it is presentud, is misleauing.
5 BY 11R. JCUTUS:
6 Q Now, directing your attention over to D-4105, wnich is 7 the document ot December 21, 1984, I'd like to ack yor 8 to think back to your testimony yesteroa1 It my 9 recollection is rigne, you stated that atter you 10 prepared your articavit you haa seen some acuitional 11 internation trou Consuuers oy way ot explanation or the 12 boring situation ano that you hao concluded that it 13 dion' t change your views ab expresceu in your articavit.
14 Una that the suostance of your teattuony?
15 A Tnat tu correct.
16 Q Ano is the Actter that ic D-4105 the subsequent 17 intoroution that you were referring to curing your 18 testimony yestcruay?
19 A yes, it was.
20 0 Ano why uocan' t this Exhibit cnange your conclucions as 21 Ltateu in tho atridavit?
22 A I think I would have to take beveral itetas in thic 23 lotter anc acaonstrate there are inconcistencicL with 24 thiu with previouc inf ormation that huo been provided to
w 360 1 the !$C in our review, una it is the continuation or 2 those inconsistencies wnica nas led me to conclude that 3 it cous not answer our yucutions.
4 Q Without getting into un claucrate analysis, l'c 5 wondering 11 you coulo summarize what the 6 inconuiutencies are thut leau you to noic your view that 7 the December 21, 1984 letter coco not clear up the 8 probicas that you alludeu to in your artiuavit?
9 A I woulo pretur not to for beveral rechons. And, that 10 is, I oo nave uocumentation that I nave yencrated myucit 11 that responus to this Deceauct 21st, 1984 letter. To me 12 it 11tc in the category where it is an unresolved issue 13 within the 1 kC which coulu oc pursued in soue tuture 14 cato.
15 Q Tnat ic, ii the Licencing 11earinga resumed anu you went 16 toruaru with hsving to addrucc the icuuen that huu been 17 put in abeyance by the shutoown ot one plant, is that 16 wnat you'lo rulerring to?
19 A Tnen or poucioly sooner.
20 0 All rignt. Again, without inva6ing matters wnich are 21 regurucu as contlucntial by the lihC: 1s your latter 22 allusion to poLLlule ongoing invuutigationc at the I;hC?
23 A 1 would hope lihC councul woulu recpond to cuet.
24 I;h. MULL 1115: 1 tnink that you're getting into
361 1 un area that we clu oiscuss before the Ucpocition.
2 Excuuc uu.
3 I think you're getting into un area now onut we 4 uiscusceo betore tuo ueposition, th at thlu is an crea 5 which involves a FoLaible or immediate NRC investigation 6 ano tniu involves the URC'c exercibe of Statutory 7 cutics, anc we have agreed not to ciccuas that material 0 in thic ueposition.
9 tiR. JENTES: All right. Then I will not 10 . puruut the matter turtner.
11 BY lik. JChTCS:
12 g You can cloce those occuucntu over,11r.1;ano. Let me 13 turn to another area that wcu 01Lcucced by Mr. Libby.
14 Anu tnat nad to uo witn the cubacet mutter or une 15 thirteen ceticienclec that were roterred to during Mr.
16 Gallagher'u atiidavit that was fileo along with you:
17 atf acavit back in April ot 1981.
10 Do you remember generally that testimony 7 19 A Yec.
20 0 Untortunaccly I aon' t recully nave nancy the extra copy l 21 ut 1;RC 279 tor you, so let be, it I acy, I'll Just chow 22 you my copy, whlen 1c eleen nere. Ano l'a cirect your 23 attention over to page 14256, where tnere'u question 24 cighteen. Tn1L uppearc lu lir. Cullugner's touttuuny.
362 1 Ano you'll Lee there that lie tc1ks about icentifylng tne 2 thirteen quality absurance ceticiencieu. Do you cee 3 that?
4 A I do.
5 O Doec ne uake relerence ttiere to some earlier answcts Dy 6 Conbuuers Power Company to 50.54 inquirius that bcu bcon 7 cace by tue linc? Thic being the origin or these B tt:1rteen oeticiencacc.
9 A Yec. by the question that is being posed and responaco 10 to oy 11r. Callagher, the quuution ius locntity the 11 thirteen quality cosurcnce duticienclub discusueu by 12 Consuaeru in itc response to 50.54 (t) qucation 13 Lwenty-three.
14 0 All rignt. And in tnat regard let ue Lhow you wtiat nas 15 ueen markea au CPC 14b2. Ana l'c ask you it you coulo 16 luentity that au the responbe to this particular 50.54 17 request. Anu it you wlan to take a coacnt to cneck the ib uocument over, I certainly invito you to do uo. You'll 19 cee tnat ac you look through tile cocument ano, in 20 particular, the materials that begin on page 15242, IL 21 reters to the reuponse to quection twenty-three. Ana 22 thcn 11 you look over you'll Luc that this is a rather 23 elaborcte and actailco answer to tiie yucotton itselt 24 wnicli appea rb over on page 15247.
363
. \
l Woulo you like to take a moment to take a look at 2 thut?
3 A 1 tnink I woulc hcvu to.
4 liR. JU14TCS: Pine. Go ott the recoru ror a 5 couent, please, 6 (Exhibit CPC 1402; Letter ano occument s 7 from S. flowell to H. Denton cateu 8 11-13-79.)
9 VIDEO OPERATOR: l'u pausing tape.
10 (Brier recucu taken.) .
11 HR. JE!;TES : All r19nt. Dack on the recora, 12 plance.
13 VIDEO OPERATCR: We are now recoroing.
14 BY fir. JEllTES :
lb Q Uaving reviewec the uocument, are you able to answer 16 whether or not this ic the recponue by ConsuucIc Power 17 that' u rererred to in !!r. Gallagher's tecticony'/
IS A The cocuucnt, which is iuentified au CPC 1482, is a 19 tranculttal of Concumers' responce to quection 20 twenty- tu r ce. It coes contain come ottact chects which 21 cre -- which are more an uponting of the ctatus of all 22 the questionc. But the majority at the packcge, except 23 tor mayue tive or car. pages, au cevotea to the response 24 to question twenty-Luree on Q/A; ycu.
0 364 1 Q Anu coes that reuponulve Laterial ceL1 with the 2 so-called thirteen ceticiencleL that were roterrou to in 3 hr. Gallagher's testimony?
4 A It woulu be ny unourstancing it 09ec.
5 O Let ue ack you to cloce tnat cocuuent up, pleabe. Ano 6 I'u now like to turn to sort of a thiru area that wau 7 diucucced oy !!r. Jauuy.
8 During his exaolnation uc acKed a numucr ot j 9 queutionu which related to pousible delays by the NRC or 10 by the Corps in reviewing various stepu in the anclynic 11 of the runeuial coils activitieu. And in tout 12 connection be cnowed you titut a copy et URC 280, wnich 13 I'll nano to you again. lie airecteu your attention over 14 to page 620 wncre toure was a list ot cutimatea 15 completion catuc tur various tauko.
16 Do you receuuer generally being auneu about that?
17 It's the last page at the document.
16 A I don' t think I nave the caue uucument.
19 lih. JLUSLU This ic marxed D.
20 0 I'm Lorry. I've got r. hem out ot orcer here.
21 BY 11R. JEUTES:
22 O tiov have we got liRC 200 on the lust page?
23 A 1 au -- 1 an now looking at Lxhault t1RC 280 page F06620, 24 ano the coupletion untes that cre incicatec there.
365 1 0 !!y notec snow that when you were askeo coaut chose 2 coupletion dateL you LLlo tnatilt. Libby bac to 3 unourstand enac those were Dufore you knew auout the 4 Ashu Hearings. Ic that currect?
5 A That AL correct.
6 Q Ano what impact, II any, uiu the ASLB Hearingu nave on 7 tne coupletion cateb?
0 A They nad significant aupact.
9 0 Could you urictly explain what that impact wou?
10 A Uc11, instcao or proceeding on a core normal review rn0ddk 11 process, !;RC was put in the c7 m o of now cetencing 12 though uoditying Orcer, which took a great dcol of Statt 13 recources to -- to prepare tor anu appear and provice 14 testimony into that -- Anto tnat licaring proccus, so 15 Lhe ASLD liearing hau a significant impact in time, the 16 resourcec tor the t:1olano review. But it'c not the only 17 acpect or the -- ot the flidiano review in that those 18 catcc -- uctinateu coupletion cateL were ucLed on what 19 ImC [srceiveo as timely cuomittaic ano reuolution of 20 iccues trou the Concunero. Ac we got into 21 iuentitication of the need for auditionui intotaction 22 and comultnents to provlue tnat intoruction at later i
l l 23 untes; thece iteau were cibo iupacteu oy tnat.
24 It 10 my unuerotanoing, ucLou on uy relationunip I
366 I with the Curps or Engineerc, that they uid a very 2 execlient 3ou in uccumuccating tiltC's necuu anu 3 attuapcing to accounodate Consumers' needc in tne ASLB 4 Hearing; by whenever soue issue woulu come up, bone 5 coditional intoruation was going to be provicec to us, 6 the Cor ps or Engineers, in uy opinion, went out or their 7 way to ceconmodate our senedule, 8 0 And, in turn, the CP schccule?
9 A It woulu be both the CP ano the OL, which is what the 10 Ucarings wac.
11 0 how, you talkod about the lopact of tne liearingu, unu to 12 be explicit ratner than implicit: Han the impact to 13 clow up or to auvanco the prococs or review?
14 A There erc unny tactoro involved. And l'u sorry I cannot 15 '91ve you a cirect answer, in the benue that at this - time 16' in liRC'c work schecule we were being impacted by 17 conuiuerations on Three Mile Islanu ano other work, and 18 that is one or the rencons why, because or our nonpower 19 availability, we went to the Corps an a concultant.
20 It's 3ust that I have hoaro it discucacu trom peopic, 21 trou the Applicant, one of their reaLonc ior making on 22 appeal to the bourc Ecoring was to require the Steti to 23 stay on the I:lolana review rather tnan De ulvortcu to 1
.!4 other proacets which night poccibly have happened 11 the
367 1 Hearing dic not take place.
2 Q ucli, overall, wnat vac your conclucion au to whetner or 3 not one Ucaring ulcwed up tue review procesc or not?
4 A U11 minuting all otner conclucrations onc, that is, the 5 lupact trou otner projects taking priority over tne 6 nidlanc ocheaulu, climinating those consluerations, the 7 Ucaring proceco had signiticcntly lengtheneu our 8 involvement with the Midlano ProJcct.
9 0 Ano what was tne -- let ce rophrase that.
10 Who initiated the stern oy which the . ..ing i
11 process nau to go turworo?
12 A I woulu ncve to answer that it would be, to my 13 knowleuge, that Consuucrc' appeal or tne December 6 th 14 Orcer initistco the hecring.
15 Q How, let me also hano you another cocument that Mr.
16 Liuby chowcc you in this connection, which was 17 Detenuant's Exnibit D-17 95 -- wc11, Layue ceroro I get 1L to that, it I ocy, ILL me nano you D-4144.
19 VIDEO OPERATOR: At ttais point could I ctop 20 while we change topcL?
21 Gi! . JEUTLS: Certainly.
22 VIDCO OFLKATOI:s Tnank you.
23 Thlu is the enu or tape tive.
24 HR. J ENTES : Oncy. You tell uL to roll it.
i
368 1 VIDEO OPERATOkt One noment. I wa now 2 recoruing. Thlu is tuc beginning of tape cix.
3 BY 11R. JEUTES:
4 Q Decause of the ciuruption in the changing the tape, let 5 ue utart again snu auk you the question once more, !!r.
6 1;ana.
7 I've hanoeu you potenocnt's Exntoit 4144 cno you 8 were asked coac questions aoout that document. Anu, in ,
9 porticular, you were asked whetner or not tnere nad ucen 10 approximately a two month or so uclay in tranuuitting 11 the views or the COE on to Conuune 6 Power. Anu au 1 12 recall your tectipuny, it web that you have to nave cuch 13 a uclay in cruer to have internal ucatings. Ano you 14 ctateu according to uy notes, that you huu thouc lb meetingc, "in light or the CP pocation".
16 Coulu you tell cu whetner or not the CP position 17 that you were reterring to was the Concuucro Power 10 oppocition to tne coditional boring: that were Dcing 15 reyuccteo by the Corps?
20 A Yeb.
21 Q Anu along the Laue 11nuo as my previous line 01 22 quuctioning: Do you nave a conclusion, bacco on your 23 cxperience with Luis whole proccuc, ac to whether the 24 opposition to thobe acuco corings huc any otiuct on the
. - , , , _g. . _ . . _ , - _ . _ .
4 369 1 leng n of time that it tuos to complete the review 2 procecc?
3 A It dia have an etreet, in ny opinion, in enat if we nao 4 got on with the borings at the time they hau ocen 5 req uest ud, the inf ormation which was ultimately obtained 6 anc providea to tne 11RC anu led to the resolution would 7 have occurrea that much sooner.
8 0 Overall, uuring the time tnat you were involved in th1L 9 review procucu concerning tne reaccial soilu cirorts, 10 tron roughly the enc ot 1979 through into 1982, coulu 11 you utate your conclusions au to whether or not the 1;RC 12 anc the Corps were holding up the review procecu or 13 celay the review proccuc?
14 A 1 woulu nope noucoy woulu have that opinion. Anu tne 15 reason tor that in I think -- with the exception ot tue 16 Iirut three ucnths of the Corpu' review where they were 17 in the procucs of orguniting anu luontirying the 10 specific Ecvieweru, I think that wou the only time J n my 19 aLLociation with the Corpc where they were not 20 prouuctive in getting to the real acuues uno identitying 21 the necued inroruution. Onec those Reviewers werc 22 luentatica, it's uy accling that uney Lauc in every case 23 an attcmpt to accouuoucto !!hC's necut cnu Utility 24 C9upany neeuu. Anc I uo not tec1 they were the cause ut I
370 1 cny ueley in the review process.
2 0 Whut aucut your own natuccion?
3 A It -- au it uevelopeu, ray involvement with nicianu 4 became core extensive than originally perceiveu. But I 5 tuel I had full 1.anagement Lupport throughout the entire 6 review procecu to recogniec the sectuo of conctruction, 7 that our eitorts nec the potentici tor holding up 8 conutruction, anc my priority was with the fliolanu 9 Project, una it became to where at was aluost f ull-truc 10 Ghortly into 1900. Anu I uo not Oclieve that I am 11 responsible tor any holuup in the 111dAano review. I 12 know personcily 1 hLvc spent a Aot ot eine of tiy own 13 trying to acconcousto tue Applicant'c schecule.
14 O Let ue next ubnu you a Uccument imC 313, which I acKeu 15 you sono questiona cuout and then lir. Lluoy aukea you 16 coue queutions about. liis queutions were utrecteu to 17 the tourth page of thic uemoranuuu which relatou to the 18 Appealu Hecting nelu on August 29, 1980.
19 Anu if you turn over to the f ourth page there's a --
20 in enc cecono paragraph there there's the watorialu 21 relatiny to coauente naue by 1:r. Cook. And you'll note 22 there that Mr. Cook statec in the lact centence -- unu 23 you were read th1L unter161 Dy tir. Libby.
24 !!r. Cuoh replico that no tuc1s that the Stett'u
371 i
1 request ror audeu Duringc, "woulo contribute more to 2 confucion than anything clou". !
3 Dio you reci one way or the other un to whether the -
4 Statt's request would contriuuto to confuulon?
5 h Ho. 1 did not think tne Stcit request, nor the Corpc 6 request tor the nuottional boringu and the icboratory ;
i 7 testing woulu result in any confuuton. Just tne 8 opposite. Uc telt that with the questionu that had been 9 identified with respect to tne surcharging of the olesel 10 generator uulluing, with our review of the inf ormation 11 which was availaole tor tne other fixes, we telt that 12 the borings anu the testing would provide the best 13 inforuntion to reach a reasonaole resolution of the 14 prooien. 1 uun't acci it led to the conrucion. 1 think 15 the recoru Lpeaku f or atucit; that when that intornation 16 wou gotten and wec useo it dio recolve many of the 17 icsues.
la O You reterreu in your anbwer to the tact tnat wuen you 19 gut involveu that there was altency a cituation ot homo 20 contucion anc in that regard I'c lir.e to airect your 21 attention to tuo prayer page in this ueaorancum, untcu 22 Numbur 2770. Doctor Heller'c opening rencrks concerning 23 the Stolt presentation near the top or the pagc.
24 Do you have tuot?
n 372 1 A 1 do.
2 O Tuere Doctor Uciler Ltuteus "Tne Lorings uno tecto cre 3 nececnary to petter unuerctanu certain anomolieb or 4 questionc acuociated with the Applicant's data."
5 Dic you ogree with Doctor Heller's assestnent et 6 why the boringu und Lebts were necessary?
7 A I tnink it uay ue the other way around, in tnat the O Corpo or Engineers anc cyccli have been given the 9 opportunity to review it in cetail, and on the Danic ot 10 that review caue out Juugmenth, ano then had those 11 explaineo to Dr. Heller -- Ductor Heller, who, in turn, 12 supporteu our conclusionc.
13 0 I noticed a little bit turther on in that suou laragraph 14 that Doctcr Heller appetently 111ustrateu the Stutt'u 15 need for incrcuceu absurance by reference to Nortu Anno 16 uentleuent pro 3cetions, "which were cauco upon use of 17 11clu uuta huo which were twice erroneous".
16 Do you know wnst Doctor huller whc reterring to 19 there?
20 A Generclly, yec. Anc that uuL at the Nor th Anna buclear 21 Plant Pro 3cct, there Wau -- 1 tnink it web Just one 22 structure that nau L problen. Anu I thinA at huu to do 23 with the cvuling weter Luciliticb. I tnink it uuy have 24 ucer c -- a puup buubu or uonc structur e GLucc16ted with
373 L the cooling water, to where cutticaents have been l
t cuticated tot that structure unc had excocued the 3 setticuent predicticnc, uno they were guite largo witn 4 recpect to thic one Etructure at North Annt.
5 g LactAy, I'c like to return again to another uocument Mr.
6 Liuby showed you; it's Detenuant's Exhibit 4140. The 7 ceuorancuu ot the telephone converua tion that -- let'L 8 coe. I gueuc at occurred on Fcoruary 11, 1001. At 9 which you were a participant and which tnere were some 10 questions abour, your general cpproach towaroc Lne 11 evoluation or the soils octa.
12 Do you reactber that?
13 A Yeu, 1 Uo.
14 Q And I won' t repeat the internation that you 9 ave at tue 15 Line anu that you testitice to curing your Crocc 16 Lxamina tion, but au I uncerutand it nr. Liboy was auning 17 you about tnlu specific review cituation tnut was being 18 cukcu coaut on Februury 11, 1981. What I'm wonuering 19 auout ic uore generally it you coula explain now you 20 approached the cLucoLment or the cata that wcc being 21 cubmittcc to you in connection with your review ano the 22 review by the Corps of tue entirc coils reuedial 23 ciforto?
24 A l'u not quite uure speeltically want you wunt auurochec.
w
374 1 Q All right. As I;r. Libby phrabeo it, apparently cone or 2 the lih -- I mean uoae or tue CP peoplc nao cuygouteu 3 that you were taking, I guesa, a worst case approhch 4 towatcs things, ono at Acact there was some sugscution 5 that you were, at the language of the memo was that you 6 were ucarcuing f or the most uamaging extremes of cata.
7 Anu at Acast au I understood it, your ancwer wac, at the 8 time of this uecting and in response to !!r. Lloby's 9 questioning, that that was not the approach that you 10 took on thlu particulac occasion.
11 Anu what l'u trying to get at is more genere11y how 12 cid you approacn the revicw or the cata that you had to 13 review in connection with the reuculal coilu prograuc7 14 A I think it would be necessary to take each of the 15 structures, because the problem uitters witu cach or the 10 utructurec. I think this worce cace scenario wau couing 17 out os quectionu that I nau responced to in my lu deposition witn recpect to the ciocc1 generator 19 ouilding. Thic perception by Consuours of wnat my
'r1h nIrAs 20 th&ent were I uon' t think was uver clocuncco torma11y 21 witn no otact than the yucations at uepoultion. Anu my 22 ceposition gave conouuero the opportunity to better 23 uncerLtano unat the Statt ano the Corps' concerns were.
24 Dut cuLentially, with recpect to the ulecc1
375 1 generator bulleing, there were questions on the field 2 cata, the pic:oucter unta, the settlement unta that 3 covelopea out or the durcnarge prograu. There were 4 unanuwereo qucationk on picsoueters anu autticuent ana 5 also with respect to the cracking tnat was covelopeu in 6 the diesel generatcr builuing, anu the signiticance of 7 that, ano the strucccc that woru inuuceu in the 8 utructure because ot the cetticuents and the curcharge.
9 And it's my recling, being f aced with those 10 questioncule usta, being receo with recognition that the 11 builcing nas crackco, what the Corpo ano I were 12 attaupting to co was to get auta that woulu show us +bdh
- a A dr 13 Luture conditions woulo be ingth46 nagnituoe ano, 14 thererote, with that intoruction we coula couple that 15 witn wnat happenco -- actually happened curing the 16 Lurcharge prc9 tem and come to a reubontule evaluation of 17 what the cettAcuent hao cono to the uicuel generator 10 uuiluing. Ana I think we continuco that came approach 19 to all the utructurcs, recognizing that therc's certain 20 information, Dorings with looso nanus, boringc with sort 21 clay, uettlementh greater than what had been 22 unticipatca, and what reasonable pcopic woulu anticipate 23 tor the cugree et coupaction that was requircu.
24 Having that inforuation, to try anu uncorstcnd how
l 376 1 bau will it be curing plant operation, cnd have the 2 ctructurce been hurt to the extent wnere they will not 3 perrorm as inntenueo in their ruture during plant 4 operation.
5 0 Tnrougnous your acscuccent or, the reuculel Lolls 6 activitics, could you utste whether or not you usou 7 responciulc geotechnical principles ano engineering dato 8 in your esseusuent ano your review ano in your ultimate 9 Juoguunto concerning the proposals that were ucce to you 10 ano to the liRC by concuucts Powcr?
21 A 1 reci we clo. But i uluo recognize that there are 42 oltterences or opinion among Geotecunical EnginecrL, oc 10 13 well as there aregovery other profession.
14 O Do you tec1 that the Corps or Enginocts provided you 15 with the Kinos or obacctive unu recponsible back-up to 16 :: uke tnc proper decicienc on bt... cit of the !!RC?
17 A I ca. Ano 1 au not alone in that conclusion.
16 !!R. JUNTES: Tha t' L all the quent. ions 1 neve.
19 lik. LIBLY: Let uu take Juut one uinute.
20 VIDEO OPERATOR: Pausing tcpc.
21 (bract recetu taken.)
22 1;R. LIbDY: Okuy. Lut's go back on tne 23 record.
24 VIDEO OPERI.TCH: tie are now recoruing.
--___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - - - - - - - - - - - - . - J
S 377 1 ilR. LibbY: Okay. I have no turther 2 quections. 1;r. I;ane, l'c 11hc to thunk you.
3 I woulo like to recolve thosu cocuments that you 4 prouucou, quections concerning pre-occiclonal occuuentu.
5 1 will reprebent to you 1 haven' t hau a chance to look 6 through Luca. I don't know it l'c going to look through 7 tuca elcowhere, but I na concerneu it tney're used 0 cicewhere that they have souc kind or anoication that 9 they are -- nave nonething pre-uecisional on thca.
10 !!!t. JE11TES: 1119h t I suggest, I;r. Libuy, chat 11 we concluue the oeposition anu reco1ve that particular 12 uatter ott-the-record? Unleus we nave to go back on the 13 record.
14 I;R. LIDtY: 1 don't minc.
15 11h. JLitTES: Why uon' t we concauce the 16 uuposition at this point.
17 118. LlubY I uun' t unvc a proulou with that.
la but I woulu went conett Ang in writing or on tne recoro 19 concerning the pre-uccisional supect of the cocuuentc. ,
20 VIDL n's RATOR: All right. We arc concluutng 21 the videotape uepouation. Tuls ic the eno ot tape uix.
22 (Uhcreupon tne depoLitivu wac concluuco.)
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1 STATL OF !!ICH1GAli )
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2 COUl;W CP UAn:C )
3 1, hoillu fi. Ilurriban, butory Public 4 vithin and ior the County c:. iicyne, State of Michigan, co nerut. y 5 curtify that. the witnocc whvue ettacheu uopunition was taken 6 octore ao in the Lbove-entitieu uutter wac oy te culy sworn to 7 tell the truth, the whole truta, ano nothing but the truth in U une cause atorecolu; thet the tcLeinony contained in the uaio 9 coposition t. hen given by caiu witnocu was by we recoroco 10 ctenographically in the presence of sciu witness, unu 11 af terwcrou transcrit,cu unuer my peruonal supervision.
12 Tuo attactacd is a t. rue anc accurate transcript of the 13 procecuings au reilectuu in uy utenographic notou taken.
14 1 turther certify that I am not 15 connecteu by 01o00 vr carriage with any of the partleu or their 16 attorneys, anc that I ar not an cuployee of cither 01 tncri, 17 nor rinancially interecteu in the action.
16 111 UITIiESS WilbilLOF, I ucvc hereunto i
19 Let my hanu at Detrcit, m.cu19an, County of Wayne, State 20 ot tilchigan, thau 13 th uay ot i.ay,1985.
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23 LOLLIS 11. liA!;lilliAN, CF, hPR, CSh-2090' County or tinyne, State at nicuigan 24 liy Contausion ExpireL: 3-19-86