ML19350E314

Motion for Order Requiring Attendance & Testimony of O Thompson & El Jordan at Depositions.Testimony Required for Adequate Preparation of Case & Is Relevant to Issues in Proceeding.Related Correspondence

ML19350E314
Person / Time
Site:	Bailly
Issue date:	06/09/1981
From:	Whicher J PORTER COUNTY CHAPTER INTERVENORS, VOLLEN, R.J. & WHICHER, J.M.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19350E315	List: ML19350E314 ML19350E318 ML19350E319 ML19350E322
References
NUDOCS 8106170292
Download: ML19350E314 (3)

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. **w UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 9

,))g l 21981 > 3 BEFORE THE ATOMIC SAFETY AND LICENSING BO& p h* meg 3Msar. '

In the Matter of )  %

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. tr Docket No. 50-367 NORTHERN INDIANA PUBLIC )

SERVICE COMPANY ) (Construction e (Bailly Generatin ) Extension) < '

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c E-5 PORTER COUNTY CHAPTER INTERVENORS' .k %o 1 SECOND APPLICATION PURSUANT TO -

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10 CFR 5 2. 720(h)(2)(i) 4 'y

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Porter County Chapter Intervenors ("PCCI") , by th't4sChetorneys ,

hereby apply to the Board, pursuant to 10 CFR 5 2. 720 (h) ( 2) (1) ,

for an order requiring the attendance and testimony at their depositions of Owen Thompson and E.L. Jordan, pursuant to Porter County Chapter Intervenors ' Notice of Depositions of Owen Thompson l and E.L. Jordan being filed simultaneously with this application.

In support of this application, PCCI state as follows :

Ten CFR 52.720(h)(2)(i) provides that named NRC personnel may be required to give deposition testimony, in certain 95o3 s

eircumstances:

[T]he presiding officer may, upon a

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showing of excepciona1 circumstances, /)DD: 0o 5Th y such as a case in which a particular named NRC employee has direct personal DELdi; E% 'F;/e5 knowledge of a mater:.al fact not known to the witnesses made available by the Executive Director for Operations require the attendance and testimony of named h1C personnel.

Porter County Chapter Intervenors submit that the requisite circumstances are present in this case to require Mr. Jordan's and Mr. Thompson's attendance and deposition testinony.

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The testimony of Mr. Thompson and Mr. Jordan is required by PCCI for the adequate preparation of its case. Attached hereto are two memoranda: a memorandum dated May 14, 1981 from Owen Thompson to George Lear (" Thompson memorandum") and a memorandum dated May 5, 1981 from E.L. Jordan ta R.L. Tedesco

(" Jordan memorandum"), concerning the subjects on which their testimony is desired.

Mr. Thompson is a Geotechnical Engineer, Hydrologic and Geotechnical Engineering Branch, Division of Engineering and has direct personal knowledge of the October 9, 1980 meeting referred to in his memorandum */ and presumably of developments subsequent to the meeting. Similarly, Mr. Jordan is Deputy Director, Division of Resident and Regional Reactor Inspection, Office of Inspection and Enforcement and has personal knowledge of the IE position and requirements concerning inspection of pile driving at the Bailly site. Testimony of both of these persons is directly related to the reasonableness of the requested extension and to NIPSCO's technical competence, both of which are in issue in this proceeding.

For the foregoing reasons, a finding of exceptional circumstances under 10 CFR 52.720(h)(2)(i) should be made, and Mr. Jordan and Mr. Thompson should be required to appear for their depositions as set forth in the Notice.

-*/ Although M. David Lynch, Bailly Project Manager for the NRC Staff was also present at the meeting, according to the memoranda, his deposition has not been taken due to illness in Mr. Lynch's family. See PCCI Response to NRC Staff Motion for Protective Order, filed November 19, 1980.

3-DATED: June 9, 1981 Respectfully submitted, Robert J. Vollen Jane M. Whicher By: _ tn l}f b1 @ ,,

Jane M. WhicherL Attorneys for Porter' County Chapter Intervenors Robert J. Vollen Jane M. Whicher c/o BPI 109 North Dearborn Suite 1300 Chicago, Illinois 60602 (312) 641-5570 1

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M M 1 4 i$ct Docket No. 50-367 MEMCRANDUM FOR: George Lear Chief Hydrologic and Geotachnical Engineering Brancn Division of Engineering THRU: Lyman He'ler, Leader, Geotechnical Engineering Section Hydrologic and Geotechnical Engineering 3ranen # '

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Division of Engineering 'M FROM: Owen Thomosen, Geotechnical Engineer Hydrologic and Geotecnnical Engineering Branch Division of Engineering SU3 JECT:

SUMMARY

CF MEETING SETWEEN IE AND NRR, CCTOBER 9,1980, REGARDING INSPECTION AND MCN:TCR!NG CF THE INSTALLATICL GF SAI' LY o!LE FOUNCAT:CN On Oct:cer 9,1980, a meeting was held in R. Tedesco's office. Present were:

H. Thornourg, !E, RCI R. Tedesco, NRR, DL

3. J. Youngblood, NRP, DL M. D. Lynch, NRR, DL J. Knignt, NRR, DE C. Thom: son, NRR, CE, HGE3 The curecse of the meeting was to discuss the augmented inscection and field monitoring of tne pile installation at the Bailly site tnat tne HGE3 staff and its : nsultants have detemined is necessary for reasonable assurance Of f0undation adecuacy.

The CE staf' discussed tre 9GE3 recuirements as described in tne staff evaluatien of the applicant's proposed pile driving program (memcrancum from J. Knicht to R. Tedesco, dated September 25, 1980). Because of the unique characteristics of the Bailly site and the proposed pile foundation, the scaff needs to review and approve numerous activities during the course of pile driving because errors made at this stage of construction often cannot be corrected later. Additionally, the staff made a comitment to the Comission to closely monitor the pile driving during construction (see memo referenced accve). These monitoring activities cannot be accomplished effectively unless tne tecnnical review sta f has intimate contact with the field operations.

Concarrently, the NRC eguiatory duties of inspection and enforcement must be per#cmed.

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George Lear 2

.W r. Thereurg stated that he 6:ould be satisfied having tre NRR staff or its representative e.g., U.S. Amy Corps of Engineers (CCE), monitor such technical aspects as hacrer blows. However, Mr. Thornburg stated that extensive (i.e., full-time er almcst full-time) monitoring by IE personnel would not be possible because the necessary staff are not available and that such monitoring activities are not in accordance with normal IE practice.

He stated that IE involverent during foundation pre:aration for nuclear plants is nomally cuite linited. Mr. Thorneurg indicated that the non al IE activities could be expanded to crovide an IE Ins:ector at the site a few times each month during oile installation.

The DE s*dff stated that an .1RR representative should not, and would not Dreemot IE duties and rasocnsibilities, ard that !E would re*ain the enforcement andate.

Mr. Thornburg recuested that a letter describing the coordination between NRR and IE be issued by NRR af ter the ins ection and nonitoring program has been finalized, ur. Knight stated that the CE staf' would exclore alternatives for providing the required on-site NRC recresentation, other than using IE exclusively.

The alternatives at this time for monitoring the work at the site include usfrg: a) NRR staff; b) COE staff under their existinc contract or a modification to that contract; and c) another independent consultant, under a competitive bid contract.

It was agreed that a'ter finalfration of the.on-site NRC orcoram, a :neeting should he held with NRR (CL and DE). the NPR consultants (CCE and Dr. Cavisson)

IE, and the acclicant to obtain mutual agreenent.on the inclementation of the NRC progra". In :nis meeting, the duties and resconsibilities of the involved parties would be clearly delineated.

j Owen Thompson. Geotechnical Engineer Hydrologic and Geotechnical Engineering 3 ranch Division of Engineering cc: See page 2 g, '

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L. Thornburg J. Snie:ek D. Eisenhu:

R. Vollmer R. Tedesso J. Knigh B. Youngblood F. Schauer R. Jackson W. Haass G. Lear D. Lynch L. Heiler J. ?2 S. Gcicterg P. Crane G. Inom: son E. Gallagrer

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Cocket No. 3C-367 M  : .- )

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.:EM0?.!$DC G MEMCRANCUM FCR:

R. L. Tedesco, Assistant Director for Licensing, Division of Licensing, NRR FRCM:

E. L. Jordan, Decuty di ector, Division of Resident and Regional Reactor Inspection, IE

SUBJECT:

3AILLY PILE DRIVING i

My apology for the delay in returning the enclosed memo but it was mis- '

distributed in IE due to organizational change since the October 9,1980 meeting. T terms documented in the meeting summary are acceptable to RRRI and RI

!E will provide a;;mented inspection effort at 5ailly for the first several '

weeks of ccnstruction. At that point we will evaluate cur findings and determine wnat the future course of action snould be.

E. L ordan Decu Director Division of Resident and Regional Reactor Inspection Office of Inspection and Enforcement

Enclosure:

..a-ed cc: J. G. Kepeler, RIII J. H. Sniezek, !E E. 3. Bicckwod, IE J. 3. Henderson IE CONTACT: J. 3. Henderson, IE 49,24872 f

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