ML20024E336

Forwards Proposed Findings of Fact & Conclusions of Law on Remedial Soils Issues

ML20024E336
Person / Time
Site:	Midland
Issue date:	08/05/1983
From:	Steptoe P CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE
To:	Bechhoefer C, Cowan F, Harbour J Atomic Safety and Licensing Board Panel
Shared Package
ML20024E337	List: ML20024E336 ML20024E343
References
ISSUANCES-OL, ISSUANCES-OM, NUDOCS 8308100260
Download: ML20024E336 (2)

Text

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ll0CAETING A sorsu vio Y SERVICE Bancy August 5, 1983 sEcr sac

'%T\v In the Matter of )

) Docket Nos. 50-329-OM CONSUMERS POWER COMPANY ) 50-330-OM

) 50-329-OL (Midland Plant, Units 1 ) 50-330-OL and 2) )

Charles Bechhoefer, Esq. Dr. Jerry Harbour Atomic Safety & Licensing Atomic Safety & Licensing Board Panel Board Panel U.S. Nuclear Regulatory Com- U.S. Nuclear Regulatory Com-mission mission Washington, D. C. 20555 Washington, D. C. 20555 Dr. Frederick P. Cowan 6152 N. Verde Trail Apt. B-125 Boca Raton, Florida 33433

Dear Administrative Judges:

Enclosed are Applicant's Proposed Findings of Fact and Conclusions of Law on Remedial Soils Issues. The chapter on seismology and seismic models is unchanged (except for very minor editorial corrections) from the draft we sent you on July 6, 1983.

These findings, of course, do not reflect the forth-coming NRC Staff responses to Dr. Thiruvengadam's affidavit dated January 21, 1983 on seismic analyses of service water piping, Dr. Peck's affidavit dated March 4, 1983 on dewatering settlement of the DGB, and Dr. Shunmugavel's affidavit on etha-foam. I assume these responses will be incorporated in the NRC Staff's findings to which we may reply.

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Adminictrativa Judgso August 5, 1983

• Page 2 These findings also do not include Dr. Landsman's comments on the DGB, essentially because we can not tell whether litigation of this issue is over. However, Applicant's present impression is that Dr. Landsman's comments on the DGB's spread footings are not significant for puposes of these proposed findings, because Dr. Landsman does not claim that this alleged design deficiency calls into question the adequacy of Applicant's remedial measures. See Landsman, Tr. 16418-16419, 16589, 16590-16591, 16813-168f7. Dr. Landsman's comments on the record with respect to the DGB cracks are relevant, but they add nothing of substance to the testimony of Mr. Kane and Mr. Singh, whom he meant to support. See Landsman Tr.

16563-16564, 16733-16734. Of course, Dr. Landsman went further with his conclusion than Mr. Kane or Mr. Singh, since neither they nor any other witness who appeared before this Licensing Board, except Dr. Landsman, expressed the opinion that the DGB itself (as opposed to certain analyses of the DGB) is unacceptable.

Compare Landsman, Tr. 16733-16734 with Kane, Tr. 11196-11199 and Singh, Tr. 11200-11203. Applicant will be glad to file findings of fact on the Landsman issue, if necessary, as soon as the Licensing Board determines that the record is complete on this subject.

Finally, I am informed that in March 1983 Dr. Hendron was elected to the National Academy of Engineering, which described him as a " Preeminent teacher, practitioner and contributor to geotechnical aspects of civil engineering at the forefront of the science and art." Although this honor may be considered cumulative, we request that the description of Dr. Hendron's professional qualifications which appears in paragraph 88 of these proposed findings be supplemented ac-cordingly. See 10 CFR S 2.743(i); Federal Rules of Evidence, Rule 201. - -

Respect ul b tte ,

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W[k Philip P. STeptoe

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