ML19344A100

First Set of Interrogatories Directed to Dow.Discusses Applicant Influence Re Dow Decision to Maintain Own Steam or Electrical Production Facilities

ML19344A100
Person / Time
Site:	Midland
Issue date:	04/22/1974
From:	Cherry M CHERRY, M.M./CHERRY, FLYNN & KANTER, Saginaw Intervenor
To:	DOW CHEMICAL CO., Atomic Safety and Licensing Board Panel
Shared Package
ML19344A096	List: ML19344A095 ML19344A100 ML19344A104 ML19344A108 ML19344A111
References
NUDOCS 8007310607
Download: ML19344A100 (11)

Text

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1. ^ g 30CIETED April 2:< , 1974 & WEC ,

3 UNITMU STATH:; OF M1 ERICA 6" APR2 S 1974" ATOMIC ENERGY COMMISSION ep,{*,',y]$7' q -

tan BMFORE Tild ATO*IIC SAFETY AND - 1.ICENSIMC COI.R n, ,,, g In The Ma.tter of ) -

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CONSUMERS PbMER COMPMPI ) Construction Permits Nos. 81

) 82 (Midland Plant, Units 1 and 2). )

PIRST SET OF INTERROGATORIES DIRECTED TO DOpl CIIEMICA'. COMPANY Pursuant $to.3cction 2.740b, Dow Chemical company is requested to answer the 'following interrogatories timely, separ- .

ately, in writing and, under -oath. ,

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- . DEFINITIONS  :

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1. As used in those interrogatories the wora document, documentary informati'on, 'or word of similar import is to be inter- l preted in the~ broadest possible manner and.is to include, with-out limitation, documents, writings, reports, studies, analyses, ,

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. memoranda, communications, letters, summaries, ropeets of tele-  !

i phonc conversations or meetings' and as to cach of those ca tegorics, 1

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7, whether draft or final, formal or informal, accepted or ' rejected, sped'or.mimcographed or xeroxed, handwritten, and is also to 'in-

clude' 'copics , however reproduced, of all such categories.

2. :In connection .with your answer to each category, and

.unless the facts are stated in your answer, include within your-answer the' facts upon . vhich you rely for your answer. This direc-tive- is meant to preclude answering any interrogatories with "yes"

<n: "no"'and requests that you set forth the facts upon which you base any such answer. Unicss otherwise stated, cach answer calling for' information concerning Consumers Power Company is intended to call .for .information concerning each of its activities which are or may be subject - to regulation by the Atomic Energy' Commission.

In the event that you . object to providing information for other than tho Midland. power facili*ty, please supply thc information for the Midla~nd Cacility and stalc your reasons you believo:infor-mation.au-to Dig. Rock,. Palisadua, Permi-1 and Quanicanuce are not

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relevant: or1 appropriate to tho . issues which are subject to this .

. proceeding.- In . connection with the answer to cach~~of thcsc inter- f f

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rogatories, identify th'e names nndLaddresses of persons 'having

. knowledge of the facts set forth (if different), the names and addresses of persons who participated in the preparations of or prepared each of said answers. ~

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-INTERROGATORIES

1. Recently you have renegotiated your agreements with Consumers Power Company. To what extent were you influenced.

in your renegotiation by the difficulties which Consumers Power i

Company has had in constructing the Midland facility, or in y operating the Big Rock and/or Palisades facility. This inter-rogatory is intended to solicit your opinion as to whether your '

decision'to maintain your own facilities for the production of L

steam or electricity, whether on a primary or standby basis, had  ;

anything to do, whether in whole' or in part,, with such difficulties of Consumers Power Company and' is specifically intended to solicit your concern, if any, as to the method and manner by which Consumers Power Company is constructing or operating any of its facilities.

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2. Based upon your knowledge of' the activities of the Midland facility and your own experience in constructing facilities have you formed an opinion as to the compentency of Consumers Power Company to property construct and/or operate a nuclear power facility. If not, state why not and if yes, set forth your answer including underlying facts in

-reasonable detail. - -

3. Identify and describe in detail the following:

(a) Set forth the names and addresses of each per-son within your organization who has responsi-bility,_whether analytical, original or liaison, for protecting the Company's interests in con-nection with the Company's relationship with '

Consumers Power Company dealing with the Midland .

nuclear power facility; (b) Identify the categories and classifications of  !

documents which you maintain in your possession dealing with:

, l (i) your relationship with Consumers Power '

Company regarding the Midland plant,  ;

(ii) environmental or safety aspect of the pro-posed Midland plant; (iii) - Qu'ality Assurance and Quality control at

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the Midland facility; t

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(iv) : discussions concerning the competence and reliability of Consumers Power Company'at

the Midland or any other facility; and:

_(v) any other definable Leategory -shich relates to-the Midland facility. If possible,-in -

connection ~with this answer, identify the documents within each category _ sufficient sol that: they may be subject to a motion to produde.

-(c) 'The names and addresses of persons, if _ any, with-in-your~ organization or outside your organization who have done an analysis of the capability;of Consumers Power Company properly to contruct or

, operate -a nuclear facility including but not limi- ,

.ted to the area of Q.A.-Q.C.

4.. _ Explain in detail'the reasons why your Company with- -

drew as- an intervenor before the United States ccurt of Appeals for the District of Columbia in the case which is1 reviewing an earlier decision by. the Atomic' Energy Commission to permit con-struction of the Midland facility. ,

5. Describe -in detail each irrevocable commitment which you have made in your agreements with. Consumers Pcwer Company con-cerning the Midland facility. - Irrevocable commitment means one

.which lif not executed would re'sult in your Company being liable

- for breach of' contract,i some penalty of som"e lfo'rfeiture . Relate ..

your answeritofthe_most recent' contracts between your Company.and.

' Consumers; Power Company.

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6 '. Do you;believe that Quality Assurance and Quality Control.at.the Midland ! facility should be controlled or reviewed- . <

.l' by~an' organization-independent from' Consumers Power Company, Bechtel. [l or;the. Atomic Energy Commission. If not, state Why not in light of the' historical problems which consumers 1-awer Company and-Bechtel have- had at Midland,and' Palisades and the fact that une f

s Atomic Energy commission can only inspect.1-2% of construction ~!

..actiivity at any-_ given nuclear facility.

Identify and list each communication relating.to i 7.- ,

Quality Assurance, Quality . Control and/or the method of construc-tion or proposed operation-at the Midland facility which you have sent to anyone or-received from'anyone (including inter-office

- memoranda) at any: time from December 12,-1972, to the present.

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8. Define the.words " compliance with quality assurance . -l i regulations" as 'those -words are employed and as you understand i them:in-the Commission's Show Cause order in this proceeding. In-.

clude_ with your answer each fact which you claim must exist in-

. order to'i::onclude . that . compliance with quality; assurance regula--

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4 tions exists.  ;

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Have' you ' concluded' that Consumers" Power ( ompany' is' i in' compliance with quality-assurance regulations concerning each 'E

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' . of eitsi facilitics . ' If. you havo, . please . set forth the regulations l

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4with which you asscrt that- Consumers- Powor Company- is in compliance ..

and ?statd. Leach fact- upon which you base -your . judgment.s h .-

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910. Have you ever concluded that'Consumcrs' Power Company

-i's not in . compliance with Quality Assurance regulations in con- .

hection with any of its facilities. If 'so, please setforth each '

fact upo'n which you base your judgment cogether with each relevant o

regulation,

11. Have you concluded that there is reasonable assurance that Consumers Power Company will be able to comply with quality assurance regulations through the construction process in Midland.

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If you have, please state each' fact upon which you base. your con-clusion. Include within your answer whether you have_ considered the activities of Consumers Power Co.apany at any of its other facil- -

ities and if not, state why not.

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Have you ever concluded that there is no reasonable

. assurance that . Consumers Power Company will comply with quality assurance regulations during the -construction of the Midland facil-ity.' If so, please set forth each fact upon which you' base your

- answer. :In connection with your . answer, state whether you have

l. - ever considered in connection with your conclusion any activities i

of 'Consumcrs Powcr Company at any othcr facility and if not, state 2

why not. -

13..'In-your' judgment,1which ,of the following_is respon- 1 sible Jfor assuring reasonable assurance with Q. A.-Q.C. regulations

- at the1 Midland plant facility:

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(a) Consumers Pswer Company;- '

_( b) Certain named individuals at Consumers

-Power _ Company; .

e (c) Be chtel Corporation;

,(d) Certain named individuals at Bechtel Corporatien-(e) Atomic Energy Commission or any part thereof; and (f) Certain named: individuals at the Atomic l Energy Commission or any part thereof.

Please explain your answer in detail.

14. Identify i'n connection with each of consumers Power Company facilities as set forth in the definitional section each  !

i document ever received or reviewed,.each meeting'you have-had (in- i i

clude dates 'and names of attendees) and cach physical structure I you:have reviewed in connection with your analysis of first com-plianco-with quality assurance regulations and second reasonable

. assurance of continuation with compliance with quality assurance regulations. '

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Do you believe bhat evidence of willfu) failure by

. Consumers Power. Company to report any violation o- ..:.' Atomic .

Energy _ Commission regulation 'is ' relevant evidence as to whether:

thereI i s' reasonable,, assurance that Consumers Power Company will

. comply or continue.to comply with-quality assuranco regulations.

-t concerning .the Midland' facility. 'If not, state why_not. .!

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< s 16 . - Define the words " reasonable assurance" as those words are used, and as you understand them in the Show cause -

. order in this proceeding. Include with your answer each fact which you claim must exist in order to conclude that reasonable

' assurance exists.

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17. .

With respect to the Midland facility quality- l

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assurance, state: '

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'(a) Do you agree with the allegations set forth in the Show C. use order and the referenced documents? If not, st. ate-each allegation with which you do not agrco and explain why; (b). As a resdit'of the Show.cause order,

' have you recommended 1or taken any action , i to-change your--role or consumers role'at I the Midland facility? If not, state why

' Enot,Jand if yes, explain such changes.in implementations and recommendations in detail. -

18. What~is your opinion of Consumers a's a utility

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, in the quality-assurance, quality-control area in light of your .

knowledge and experience with other utilities? Please include within.your answer the' facts upon-which you base your answer

, and an identification of other utilities cont'ained in your com-parative answer.

19. -Describe in detail each classification or cate-(gory of document (as defined herein) which you maintain in

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connection with quality-assurance or quality-control regarding the Midland-site, whether maintained at the Midland site or elsewhere.

This Interrogatory is intended to solicit informa-

: ion for a motion to produce and is intended to have you describe documents whether of a formal or in'ormal f nature, and whether they are documents internal to your company or not, and also whether or not they.are documents which are or are not disclosed to someone other than persons in your . company.

20. Please list the name and address of each witness

'whoso-testimony you intend to offer at.the proceeding. Includo with your answer a summary of the scope of each witness's tes-i timony. In the event that you do not presently know who your witnesses will- be, please list the areas of evidence or testi-many which you~ presently believe you will introduce. If you cannot answer this Interrogatory, please explain in detail why you cannot.

21. Please list all of the documentary evidence .

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which you -presently plan to introduce at the proceeding. If

, you are not in a position Lto- presently; state what : documentary evidence'you willLintroduce, please state what categories of

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documentary ovidence you will introduce. If you are not in a position ~to answer this. Interrogatory, please explain why not.

22. - Please set: forth~ in detail' both why you are par-i

ticipating'in this proceeding and what positions'you intend to  ;

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sponsor or oppose. - If you are not in.a position'to answer this Interrogatory, please explain why and 'also . state what interest

. you have'in. participating in .this proceeding if you have not to'rmed a-position either in support or opposition'to any issues  :

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that are relevant to these proceedings.

- By: 3 '

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- Myron'/py.

Attorn forCherry Saginaw Group ,

~ Myron M; Cherry One.I B M Plaza Chicago, Illinois 60611 (312)- 222-9350 i O

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