ML19345H105

Response to Intervenor 810323 Discovery Submittal & Motion to Compel.Administration Bldg Is Not safety-related Structure & Relevance to Proceeding Limited.Certificate of Svc Encl.Related Correspondence

ML19345H105
Person / Time
Site:	Midland
Issue date:	04/22/1981
From:	Brunner E, Brunner J CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.)
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, ISSUANCES-OM, NUDOCS 8104300504
Download: ML19345H105 (4)

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UNITED STATES OF AMERICA APR 24193;, {

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NUCLEAR REGULATORY COMMISSION W:%e N

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD m C In the Matter of Docket Nos. 50-329-0M 30-330-0M CONSUMERS P0rr.R COMPANY 50-329-OL 50-330-OL (Midland Plant, Units 1 and 2) .

RESPONSE TO INTERVENOR DISCOVERY SUBMITT.U, AND MOTION TO COMPEL DATED 3/23/81 Pertaining to Document Requests

4. For the reasor.s set forth in Applicant's Objections to Stamiris.'

March 27, 1981 Discovery Requests,* Applicant also objects to the additional questions posed in this paragraph (4) of the submittal.

5. Applicant responds to the motion to compel contained in paragraph (5) as follows:

The Administration Building is not a Category I (i.e. safety-related) structure, and is not a " safety-related" portion of the Midland facility, as that term was used in the December 6, 1979 Order Modifying Midland Construction Permit.s. Since the Administration Building is not safety-related, its relrsvance to these proceedings is limited to matters pertaining to a narrow contention (Stamiris contention 3c).

Contention 3c alleges that the Administration Building "should have served as a quality indicator, preventing the same inadequate procedures from occurring in the 1978 construction of the diesel generator building. . ."

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Questions Sb - 5e deal with aspects of the remedial measures chosen to correct the Administration Building settlement problem. Those measures have nothing at all to do with the above contention, which defines the bounds of permissible discovery in this hearing. The mere fact that the I Administration Building has become involved in the hearing by way of an .

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} admitted contention does not provide free license to incuire into any ,

aspect of that building or its settlement problem, as if it were a Category I structure. For that reason the motion to compel responses

[ to Question Sb - Se in Stamiris 1/26/81 Discovery submittal should be

[ denied.*

Respectfully Submitted, dBn Jabe's E. Brunner l One of the Attorneys for Consumers Power Company 212 West Michigan Avenue Jackson, Michigan 49201 l

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• The questions to which the motion pertains are as follows:

) 5(b) On what basis was the decision to remove and replace the faulty fill under the Administration Bui.1 ding made?; 5(c) Who made this (5b) decision?;

5(d) When was this 5.(b) decision made?; 5(e) Describe and explain any, alternative corrective' cetions ever considered and rejected for the Administration Building, if such consid.2 rations were made.

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UNITED STATES OF AMERICA j APR 24;gg {

NUCLEAR REGULATORY COMMISSION o 0 .ke e MCh /p BEFORE TP7. ATOMIC SAFETY AND LICENSING BOARD N m C In the Matter of Docket Nos. 50-329-0M 50-330-0M CONSUMERS POWER COMPANY 50-329-OL 50-330-OL (Midland Plant, Units 1 and 2) -

CERTIFICATE OF SERVICE I hereby certify that copies of Consumers Power Company's Response to Intervenor Discovery Submittal and Motion to compel Dated 3/23/81, were served upon the following persons by depositing copies thereof in the United States Mail, first class postage on this 22nd day of April,1981.

Frank J. Kelley, Esq. Michael Miller, Esq.

Attorney General of the Isham, Lincoln & Beale State of Michigan One First National Plaza Stewart H. Freeman, Esq. Suite 4200 Assistant Attorney General Chicago, Illinois _60603 Gregory T. Taylor, Esq.

Assistant Attorney General Mr. Steve Gadler 720 Law Building 2120 Carter Avenue Lansing, Michigan 48913 St. Paul, Minnesota 55108 Myron M. Cherry, Esq. D. F. Judd, Sr. Proj ect Manager One IBM Plaza ,

Babcock & Wilcox Suite 4501 P. O. Box 1260 Chicago, Illinois 60611 Lynchburg, Virginia 24505 Mr. Wendell H. Marshall Atomic Safety & Licensing Appeal Board RFD 10 U. S. Nuclear Regulatory Co= mission Midland, Michigan 48640 Washington, D. C. 20555 Charles Bechhoefer, Esq. Mr. C. R. Stephens, Chief Atomic Safety & Licensing Board Panel Docketing & Service Section U.S. Nuclear Regulatory Comm. Office of the Secretary U. S. Nuclear Regulatory Commission Dr. Frederick P. Cowan Washington, D. C. 20555 6152 N. Verde Trail Apt. B-125 Boca Raton, Florida 33433

Lester Kornblith, Jr.

Atomic Safety & Licensing Board U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Ralph S. Decker, Esq.

Route 4, Box 1900 C abridge, Maryland 21613 Ms. Mary Sinclair 5711 Summerset Street Midland, Michigan 48640 William D. Paton, Esq.

Counsel for the NRC Staff U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Atomic Safety & Licensing Board Panel U. S. Nuclear Regulatory Co:mnission Washington, D. C. 20555

! Barbara Scamiris 5795 North River Road Route 3 Freeland, Michigan 48623 [

James E. Brunner l

Consumers Power Company l 212 West Michigan Avenue t

Jackson, Michigan 49201 l

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