ML20209H704

Affidavit of to Matula Concerning Contention UT G (Qa).* Responds to Applicant Motion for Summary Disposition of Utah G, Filed on 990628 by Private Fuel Storage.With Certificate of Svc

ML20209H704
Person / Time
Site:	07200022
Issue date:	07/19/1999
From:	Matula T NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:
Shared Package
ML20209H691	List: ML20209H686 ML20209H704
References
ISFSI, NUDOCS 9907210047
Download: ML20209H704 (7)

Text

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July 19,1999 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE AT_QMIC SAFETY AND LICENSING BOARD In the ~ Matter of )

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PRIVATE FUEL STORAGE, L.L.C. ) Docket No. 72-22-ISFSI

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(Independent Spent Fuel )

Storage Installation) )

AFFIDAVIT OF THOMAS O. MATULA CONCERNING CONTENTION UTAH G (OUAT ITY ASSURANCE)

I, Thceas O. Matula, having first been duly sworn, do hereby state as follows:

1(a). My name is Thomas O. Matula. I am employed as a Safety Inspection Engineer, in the Transportation and Storage Safety and Inspection Section, Spent Fuel Project Office, Office of Nuclear Materials Safety and Safeguards, U.S. Nuclear Regulatory Commission (NRC), in Washington, D.C. A statement of my professional qualifications is attached hereto.

2. This Affidavit is prepared in response to the " Applicant's Motion for Summary Disposition of Utah G" (" Motion"), filed on June 28, 1999, by Private Fuel Storage L.L.C.

-(" Applicant" or "PFS"), and the " Statement of Material Facts on Which No Genuine Dispute Exists" (" Statement of Material Facts") attached thereto.  !

3. As part of my official responsibilities, I reviewed the adequacy of the Applicant's quality assurance (QA) program, as set forth in its Safety Analysis Report (SAR), submitted with

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as its application for an Independent Spent Fuel Storage Installation (ISFSI), as revised, its QA l l

i 9907210047 990719 I PDR ADOCK 07200022 C PDR ,

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' Program, its February 10, 1999, responses to the NRC Staff's second round of Requests for AdditionalInformation, and its other QA program-related submittals. I am currently involved in preparing the related section of the NRC Staff's Safety Evaluation Report (SER).

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4. As pan of my official responsibilities, I also panicipated in preparing the "NRC Staff Position on Utah Contention G: Quality Assurance" (" Staff Position"), as set forth in the "NRC Staff's Statement ofIts Position Concerning Group I Contentions," dated June 15,1999 (Attachment, at 9-13). The statements set forth in the Staff Position concerning Utah Contention G accurately reflect my views concerning this contention.

5. Also as part of my official responsibilities, I have reviewed the Applicant's Motion

. and the attachments thereto, in which PFS seeks summary disposition of Utah Contention G. On the basis of my review of the Applicant's QA program, and the documents attached to the Applicant's Motion, I am satisfied that the Statement of Material Facts attached to the Applicant's Motion is correct, except in three respects: (a) as to Material Fact No. 13, the term " Project Director" should read " Project Manager," as set forth in SAR Figure 9.1-2; (b) as to Material Fact No.14, it is unclear to me from the QAPD description and Figure 9.1-3 that the operational QA organization will have an " interface" with the Safety Review Committee, although this is not necessary since the operational QA organization has direct access to the Chairman of the Board .

of Managers; and (c) no position is expressed herein as to Material Fact No. 22 concerning the State of Utah's responses to PFS' discovery. None of these three matters affects my conclusion as to the adequacy of the PFS QA program and the independence of its QA organization.

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6. I hereby certify that the foregoing is true and correct to the best of my knowledge,

~ information and belief.

I O-Thomas O. Matufal xW Subscribed and sworn to before me thit 19th day of July,1999.

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PUBUC Notary Public +

1 E16 My commission expires: Arcls ;_003 O

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Thomas O. Matula

' Safety inspection Engineer Transportation and Storage Safety and inspection Section Spent Fuel Project Office Office of Nuclear Material Safety and Safeguards l

U.S. Nuclear Regulatory Commission l

, Education: B.S. Mechanical Engineering, Tri-State University, Angola, Indiana,1970 Exoerience:

1995-Present Safety Insoection Enoineer. U.S/ Nuclear Reculatory Commission Independently performs reviews of proposed quality assurance programs for use in the design, fabrication, maintenance, and use of shipping and storage I containers to determine the program's technical adequacy and compliance with regulatory requirements.

Leads and participates n field evaluations, audits, and inspections of transportation package fabricators, distributors, suppliers, and spent fuel dry storage system suppliers, independently develops and implements review protocol for use during site visits. Acts as team Isader for site visits conducted to address complex issues as part of Office of Nuclear Material Safety and Safeguards Safety inspection Program.

1991-1995 Ouality Assurance Enoineer. U.S. Nuclear Reaulatory Commission Assists in the review and evaluation of proposed quality assurance programs for use in the design, fabrication, maintenance, and use of shipping and storage containers to determine the program's technical adequacy and compliance with regulatory requirements.

Participates in field evaluations, audits, and inspections of transportation package fabricators, distributors, suppliers, and spent fust dry storage system suppliers. Develops and implements review protocol for use during site visits.

Acts as team leader for some of the site visits conducted as part of Office of Nuclear Material Safety and Safeguards Safety inspection Program.

1989-1990 Director. Quality Assurance. Andrulis Research Corooration

• Developed, implemented, and maintaincd a company-wide quality assurance program for information systems development and systems engineering.

Established procedures, control processes, and verihcation methods to assure the delivery of h,gh quality services and products Developed and conducted training in quality assurance techniques to identify, correct, and avoid problems related to quality. Developed and implemented quality improvement programs in corporate support functions and field activities which focused on increasing product quality.

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s 1987-1989 Director. Product Assurance. Racal Communications incoroorated Developed, implemented, and maintained a quality assurance program for the design, manufacture, and testing of communication equipment for Government and commercial customers. Developed and upgraded procedures and practices to assured total compliance with all aspects of customer requirements. Initiated quality improvement programs through process control and personnel training.

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1983-1987 Manaaer. Quelity Assurance. American Satellite Comoany Responsible for all quality assurance, quality contre!, and reliabilit/ functions for the design, manufacture, and installation, and maintenance of satellite communication systems. Developed and 'mplemented critical policies, procedures, and programs in accordance with specifications and standards to assure conformance with customer requirements.

19 2 -1983 Manaaer. Quality Assurance. Radiation Svstems incoroorated Responsible for quality assurance and quality control functions for the design and manufacture of high technology antenna products for military applications, air traffic control, and commercial satellite communications.

1981-1982 Qgglity Assurance Rg.gignal Manaaer. North American Van Lines Responsible for intemal operation, field performance, and personnel training for independent sales agencies. Focused on increasing service quality and personnel productivity.

1980-1981 Reaional Sales Manaaer. North American Van Lines Responsible for increasing market share in a five-state region.

1916 1980 Operations Manaaer. North American Van Lines Responsible for the execution of annual freight hauling programs.

1973-1978 Manaaer. Quality Assurance. North American Van Lines Developed and implemented methods to assure compliance with Government regulations.

1970-1973 Quality Control Enoineer. International Telephone and Telearaoh Responsible for assuring compliance with Government sequirements in the manufacture of air traffic communications equipment.

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DOCKETED UNITED STATES OF AMERICA VSHPC NUCLEAR REGULATORY COMMISSION REFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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- AOJ PRIVATE FUEL STORAGE L.L.C. ) Docket No. 72-22-ISFSI

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(Independent Spent )

Fuel Storage Installation) -

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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S RESPONSE TO APPLICANT'S MOTION FOR

SUMMARY

DISPOSITION OF UTAH CONTENTION G (QUALITY ASSURANCE)" in the above captioned proceeding have been served on the following through deposit in the Nuclear Regulatory Commission's internal mail system, or by deposit in the United States mail, first class, as indicated by an asterisk, with copies by electronic mail as indicated, this 19th day of July, 1999:

G. Paul Bollwerk, III, Chairman Atomic Safety and Licensing Board Panel Administrative Judge U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 _

Office of the Secretary (E-mail copy to GPB@NRC. GOV) ATTN: Rulemakings and Adjudications Staff I

-U.S. Nuclear Regulatory Commission Dr. Jerry R. Kline Washington, DC 20555 i Administrative Judge (E-mail copy to:

- Atomic Safety and Licensing Board HEARINGDOCKET@NRC. GOV)

U.S. Nuclear Regulatory Commission Washington, DC 20555 Office of the Commission Appellate (E-mail copy to JRK2@NRC. GOV) Adjudication Mail Stop: 16-C-1 OWFN Dr. Peter S. Lam U.S. Nuclear Regulatory Commission

-Administrative Judge Washington, DC 20555 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Conunission James M. Cutchin, V Washington, DC 20555 Atomic Safety and Licensing Board (E-mail copy to PSL@NRC. GOV) U.S. Nuclear Regulatory Commission Washington, DC 20555 (by E-mail to JMC3@NRC. GOV) t -

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o Danny Quintana, Esq.* Diane Curran, Esq.*

Danny Quintana & Associates, P.C. Harmon, Curran, Spielberg 68 South Main Street, Suite 600 & Eisenberg, L.L. P.

Salt Lake City, UT 84101 1726 M. Street N.W., Suite 600 (E-mail copy to quintana @Xmission.com) Washington, D.C. 20036 (E-mail copy to Jay E. Silberg, Esq.* dcurran@harmoncurran.com)

Ernest Blake, Esq.* '

Paul A. Gaukler, Esq.* John Paul Kennedy, Sr., Esq.*

SHAW, PITTMAN, POTTS & 1385 Yale Ave.

TROWBRIDGE Salt Lake City, UT 84105 2300 N Street, N.W. (E-mail copy to john @kennedys.org)

Washington,'DC '20037-8007 (E-mail copies .to jay _,silberg, Joro Walker, Esq.*

paul _ga.ukler, and ernest _blake land and Water Fund of the Rockies

@shawpittman.com) ' 2056 East 3300 South, Suite 1 Salt Lake City, UT 84109 Denise Chancellor, Esq.* (E-mail copy to joro61@inconnect.com)

Fred G. Nelson, Esq. .

Utah Attorney GeneraPs Office itichard E. Condit, Esq.*

160 East 300 South,5th Floor Land and Water Fund of the Rockies P.O. Box 140873 - 2260 Baseline Road, Suite 200.

Salt Lake City, UT 84114-0873 Boulder, CO 80302 (E-mail copy to dchancel@ State.UT.US) (E-mail copy PJ rcondit@lawfund.org)

Connie Nakahara, Esq.*

Utah Dept. of Environmental Quality 168 North 1950 West P. O. Box 144810 Salt Lake City, UT 84114-4810 (E-mail copy to enakahar@ state.UT.US)

E Sherwin E. Turk Counsel for NRC Staff