ML20091P282

Discusses Review of Dow Chemical Co Termination & Complaint for Declaratory Judgement,Per 830802 Memo.Five Potential Matl False Statements Identified in Enforcement Correspondence Re Investigation

ML20091P282
Person / Time
Site:	Midland
Issue date:	09/14/1983
From:	Pawlik E NRC OFFICE OF INVESTIGATIONS (OI)
To:	James Keppler NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
Shared Package
ML17198A223	List: IR 05000329/1983008 ML20090A052 ML20090A064 ML20090A067 ML20090A071 ML20090A076 ML20090A080 ML20090A090 ML20090A103 ML20090A106 ML20090A110 ML20090A367 ML20090A377 ML20090A397 ML20090A403 ML20090A447 ML20090A451 ML20090A456 ML20090A465 ML20090A481 ML20090A487 ML20090A491 ML20090A500 ML20090A504 ML20090A514 ML20090A517 ML20090A543 ML20090A547 ML20090A559 ML20090A590 ML20090A594 ML20090A600 ML20090A613 ML20090A614 ML20090A623 ML20090A626 ML20090A631 ML20090A637 ML20090A642 ML20090A656 ML20090A658 ML20090A673 ML20090A698 ML20090A703 ML20090A733 ML20090A741 ML20090A748 ML20090A751 ML20090A758 ML20090A762 ... further results
References
CON-BOX-08, CON-BOX-8, FOIA-84-96 NUDOCS 8406130010
Download: ML20091P282 (2)

Text

_ _ _ _ _ _ _ _ _ _ - _ _ _ - _ _ _ _ _ -

j 3

UNITED STATES l

y'

/;

NUCLEAR REGULATORY COMMISSION f

OFFICE OF INVESTIGATIONS FIELD OFFICE. REGION 111 oLEELS?EEi$IvSis"Enn September 14, 1983 4

MEMORANDUM FOR: James G. Keppler, Regional Administrator, Region III FROM:

Eugene T. Pawlik Director, Office of Investigations Field Office, Region III

SUBJECT:

REVIEW 0F DOW CHEMICAL COMPANY'S TERMINATION AND COMPLAINT FOR DECLARATORY JUDGMENT - MIDLAND (AITS F03033383)

By memorandum, dated August 2, 1983,' R. F. Warnick requested the Office of Investigations review the Dow Chemical Company complaint against Consumers Power Company and its Midland Nuclear Power Plant. Three areas of potential interest to the NRC were contained in the complaint. They were:

1.

Alleged material false statements in pSAR/FSAR submissions.

2.

Consumers Power Company allegedly withheld information from the NRC that fill material was " inadequate and potentially unsafe."

3.

Consumers Power Company allegedly fabricated "an artificial schedule purporting to show that it could complete the project before December 1984."

Region III conducted an investigation (Report No. 50-329/78-20; 50-330/78-20) of diesel generator building settlement at the Midland facility. Five po-tential material false statements were identified in enforcement correspon-dence (Attachment 1) relating to that investigation. The NRC subsequently issued an Order Modifying Construction Permits (Attachment 2) in which a material false statement involving FSAR Table 2.5-9, Controlled Compacted Cohesive Fill, was identified. The other potential material false state-ments were included in the Notice of Violation (Appendix A, paragraph la-1d)

I appended to the Order.

Consumers Power Company has made a series of stipulations (Attachment 3) before j

the Atomic Safety and Licensing Board concerning the adequacy of fill material infomation provided to the NRC. These stipulations include, "the NRC Staff had insufficient infomation to evaluate the Service Water Pump Structure...

the BWSTs and underground piping" and "there were quality assurance deficiencies related to soil construction activities under and around safety-related struc-tures and systems at the Consumers Power Midland Plant..."

i Only the third issue, whether an artificial construction schedule was fabricated, appears to be new infomation. It does not on its face pose a health or safety I

concern. Also, in assessing this allegation, it would appear that the only l

impact upon the NRC of an artificial construction schedule would be the alloca-tion of NRC resources (e.g. inspector assignments, hearing schedules, etc.)

j l

' g4o 0010 840517 W.%

w

t e

O s

- September 14, 1983 James G. Keppler

- An investigation of any of these issues does not-appear to be warranted at this time by the Office of Investigations because these issues were either previously identified, previously litigated, or do not pose a health and safety concern.

bW

\\

Eugen

. Pawlik. Director Office of Investigations Field Office Region III Attachments:

1.

4/3/79 Memo, Keppler to Thornburg 2.

12/6/79 NRC ltr to Consumers Power 3.

Series of Stiuplations cc w/ Attachments:

P. E. Baci, 01:HQ W. J. Ward. 01:HQ t

l j

P t

1 i

l i

O