ML20079Q306
| ML20079Q306 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 01/27/1984 |
| From: | Lauer R CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20079Q303 | List: |
| References | |
| ISSUANCES-OL, ISSUANCES-OM, NUDOCS 8402010095 | |
| Download: ML20079Q306 (44) | |
Text
ISHAM, LINCOLN & BEALE COUNSRORS AMAW DOCKETED THRE E ,lRST NATIONAL PLAZA CACAGO. lLUNOIS60602 co-Ro S ,$H... ,m.,.0, n't;;oga g =a '84 JM131 All ;2LGroNo,,,c,
"#0nTaf?Ell "' ' ""Isfa'"* "
- January 27, 1984 /- mmem tECE OF SE CiiE. . WASHINGTON.o C 20036 FCD',ET!NG A SE!- <-
E RMIC4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of: ) Docket Noti. 50-329 OM
) 50-330 OM CONSUMERS POWER COMPANY ) Docket Nos. 50-329 OL (Midland Plant, Units 1 & 2) ) 50-330 OL
Dear Administrative Judges:
With this letter, we have enclosed a Cross-Re-ference to all the previously filed Consumers Power Company Findings of Fact and Conclusions of Law for a partial ini-tial decision on quality assurance issues. The Cross-Re-ference reviews each Finding and Conclusion submitted and indicates which paragraphs contain information suppler ated, superseded or revised by the Consumers Power Company's Proposed Second Supplemental Findings of Fact and Conclu-sions of Law for Partial Initial Decision on Quality As-surance Issues in the above-captioned case. The Cross-Re-fcrence includes comments on:
I- Consumers Power Company's Proposed (Initial) Findings of Fact and Conclusions of Law for Partial Decision on Quality Assurance Issues filed October 28, 1981; Consumers Power Company's Proposed (First) Supplemental Findings of Fact and Conclusions of Law for Partial De-cision on Quality Assurance, filed March 15, 1982; Consumers Power Company's Response to Stamiris Proposed (Initial) Findings of Fact and Conclusions of Law for a l Partial Decision on Quality Assurance, filed April 26, l 1982; l
l l
O e402010095 e40127 PDR ADOCK 05000 9p
. O l
c5
(/ Administrative Judges January 27, 1984 Page Two Consumers Power Company's Response to Stamiris Proposed (First) Supplemental Finding.of Fact and Conclusions of Law for A Partial Decision on Quality Assurance, filed April 26, 1982; Consumers Power Company's Response to the NRC Staff Proposed (Initial) Findings of Fact and Conclusions of Law for Partial Decision on Quality Assurance, filed April 26, 1982; Consumers Power Company's Response to the NRC Staff Proposed (First) Supplemental Findings of Fact and Conclusions of Law for A Partial Decision on Quality Assurance, filed April 26, 1982.
Respectfully, 4 h Rebecca J. Lauer RJL:bc Enclosures-O
Q k>
CROSS-REFERENCE TO PREVIOUSLY FILED CONSUMERS POWER COMPANY PROPOSED FINDINGS
-AND RESPONSES TO PROPOSED FINDINGS ON QUALITY ASSURANCE ISSUES 3
I. CONSUMERS POWER COMPANY PREVIOUSLY FILED PROPOSED '
FINDINGS A. Consumers Power Company Proposed (Initial) Find-ings of Fact and Conclusions of Law for Partial Decision on Quality Assurance Issues filed October 28, 1981 (" Initial Findings")
Paragraph Comment 1-20 No change 21 This paragraph notes the appointment of Ralph S. Decker to the Licensing Board. Subse-quently, on October 21, 1981 Mr. Decker was replaced by Jerry Harbour.
22-39 No change 41A This paragraph (inaccurately labeled paragraph 41 in the Initial Findings), dealing with the structure of Consumers Power's corporate management, was correct when written and filed. However, since that time there have been changes in corporate management. Steven
() H. Howell has again assumed direct respon-sibility for the Midland Project. For a more complete discussion of Mr. Howell's role in the Project and the reorganization of the upper management structure at Consumers Power in general, see Consumers Power Com-pany's Proposed Second Supplemental Findings of Fact and Conclusions of Law for Partial Decision on Quality Assurance, filed January 27, 1984 (" Consumers Power's Second Supplemental Findings"), paragraphs 370 through 376, 452 through 454, 534 through 535 and 480 through 481.
41-43 No change 44-49 The information contained in these para-graphs, dealing with the structure, staffing, operation and scope.of Consumers Power's Mid-land Quality Assurance Department (MPQAD),
l although accurate when written and filed, has been superseded by subsequent events. For example, while the MPQAD continues to direct all the quality assurance aspects of the Project, its overall responsibilities have O
V , . - -
() been enlarged. The responsibilities of MPQAD have been enlarged in basically two respects; establishment of an MPQAD soils organization and the integration of Bechtel QC functions into MPQAD. Thus, MPQAD's responsibilities now encompass virtually all quality control aspects of the project. The reorganization has included significant personnel changes.
Finally, because of these changes, the specific examples explaining the day to day operations of the MPQAD contained in the Initial Findings are no longer material. For discussions concerning the developments of the MPQAD's structure, staffing, scope and operation, see Consumers Power Company's Proposed (First) Supplemental Findings of Fact on Conclusions of Law for Partial De-cision on Quality Assurance, filed March 15, 1982, paragraphs 310 through 318; consumers Power's Second Supplemental Findings, para-graphs 370 through 376, 450 through 459 and 480 through 481.
50-51 No change G
kJ
-- - - - _ - _ . _ _ . , - _ = _ . _ _ _ -,- .-
.( ) 52-53 The information in this paragraph dealing with the trend analysis program at Midland, i.e., the statistical categorization of con-struction nonconformances, was true when written and filed. However, since that time, changes to the trend analysis program have been proposed. See Consumers Power's Second Supplemental Findings, paragraph 460.
54 No change 55 In the Initial Finding, this paragraph is miclabeled as paragraph 52.
56-60 No change 61 The inforraation in this paragraph dealing with implementation of the quality assurance program at Midland was accurate when written and filed. Subsequent. events have made it necessary to alter several of the conclusions concerning the basis for a finding that the quality assurance program will be implemented with reasonable assurance of safety. Para-graphs relevant to the issue of reasonable O _.
() assurance that Consumers Power can complete the Midland Plant in accordance with regu-latory requirements can bc found in Consumers Power's Second Supplemental Findings, para-graphs 424 through 425, 488 through 490, 504 through 505 and 537 and 669 through 670.
62-35 The information in these paragraphs, dealing a
with the NRC Staff assessment of Consumers Power's management structure and management attitude, was correct when written and filed.
However, subsequent events have occurred in both areas which are relevant to the NRC Staff assessment. See Consumers Power's Second Supplemental Findings, paragraphs 370 through 376, 452 through 454, 480 through 481 and 530 through 550.
66 No change 67-68 The information in these paragraphs was cor-rect when written and filed. Subsequent events, however, make it necessary to revise certain passages dealing with MPQAD and the NRC Staff's evaluation of quality assurance O , .. .. .. - _ _
() implementation at Midland. See Consumers Power's Second Supplemental Findings, para-graphs 341 through 346, 426 through ,451 and 468 through 472, 69-71 No change 72 Although correct when written and filed, subsequent events have occurred which ne-cessitate revisions to the portions of this paragraph dealing with the NRC Staff's evalu-ation of the quality assurance implementation at Midland. See Consumers Power's Second Supplemental Findings, paragraphs 341 through 346, 426 through 449'and 468 through 472.
73-78 No change 79 This paragraph discusses, in part, the trend '
analysis program at Midland. For further discussions of the program, see Consumers Power's Second Supplemental Findings, para-graph 460.
80 This paragraph notes that, at the time of E
_ _ , , - , , - - -nw-er--, r- -v----i -- -
- +r--'*T- - " T-
'""'T'"'*~~ *""' ' "-' #
()
filing, NRC Region III intended to assign a full-time inspector to monitor the remedial measures. Dr. Ross Landsman was appointed to this position.
81-84 The information in this paragraph dealing with reasonable assurance that there will be adequate implementation of the quality as-surance program at Midland was accurate when written and filed. However, subsequent events are relevant to the conclusions concerning the basis for a finding that the future soils construction activities at Midland will be accomplished in accordance with regulatory requirements. In addition, there have been personnel and organizational changes in the MPQAD. See Consumers Power's Second Sup-plemental Findings, paragraphs 370 through 376, 424 through 425, 452 through 454, 480 through 481, 488 through 490, 504 through 505, 537 and 669 through 670.
85 No change 1
86-90 The information contained in these paragraphs O .. _- ---. _ . . _ _ _ - ,_ _ _ _ _ _ _ _ _ _ ____. . - - - _ _ _ . _ _
4 g
( dealing with an inaccurate FSAR statement remains correct. However, this information has been further supplemented by a stipu-lation between Consumers Power and the NRC Staff entered into evidence as Joint Exhibit 6, on February 14, 1983 (Tr. at 11321 and 11344), which concludes that the false FSAR statement cited in the Modification Order was not made intentionally. See Consumers Power's Second Supplemental Findings, paragraphs 556 and 672.91-138 The factual statements contained in these paragraphs were true when written and filed, and remain correct. In addition, example 1(d) relating to Stamiris Contention 1 is addressed in Consumers Power's Second Sup-plemental Findings, paragraphs 552 through 560.
I 139 While the factual statements contained in paragraphs 91 through 138 of Consumers Power's Initial Findings dealing with Stamiris Contention 1, were-true when written and filed, and remain correct, later developments i
\'"i
! 1 i
l
-('T-x) have modified some of the conclusions con-tained in paragraph 139. Specifically, Consumers Power acknowledges that certain developments, such as the Licensing Board's April 30, 1982 Order, have already effec-tuated improvements and stricter than normal regulatory supervision as suggested by the Contention. Nothing in this paragraph should be construed to evidence a lack of candor regarding the transmission of important safety information to the NRC by Consumers Power, or diminish Consumers Power's ac-ceptence of the April 30,'1982 Order or any other measure implemented to monitor con-struction activities at Midland. See Con-sumers Power's Second Supplemental Find-ings, paragraphs 351 through 353, 507 through 520, 548, 588 through 589 and 669 through 670.
140-235 No change i
236 While the factual statements contained in paragraphs 140 through 235 dealing with Stamiris Contention 2, were true when written (j and filed, and remain correct, later de-velopments relating to cost and schedule are relevant to the conclusions contained in paragraph 236. See Consumers Power's Second Supplemental Findings, paragraphs 521 through 529.
237-251 No change 252 For a further discussion of the matters dealt with in this paragraph, see consumers Power's Second Supplemental Findings, paragraphs 530 through 532, 253 The first sentence of this paragraph was ac-curate when filed, and remains accurate. How-ever, events subsequent to the filing of the i Initial Findings, specifically the NRC Staff October and November 1982 and January 1983 diesel generator building inspection, make it necessary to revise the conclusion proposed j by the remainder of this paragraph that the quality assurance deficiencies encountered at Midland were isolated within the context of soils activities. See Consumers Power's r
(J x-
() Second Supplemental Findings, paragraphs 426 through 449 and 468 through 472. The later revision does not undermine the conclusion proposed in the first sentence of the para-graph.
254 No change 255 Although accurate at the time it was written and filed, the NRC Staff's conclusion abcut the overall effectiveness of the implemen-tation of the quality assurance program at Midland has been revised because of subse-quent events. See Consumers Power's Second Supplemental Findings, paragraphs 341 through 346, 426 through 449 and 468 through 472.
256 No change 257 Although accurate when written and filed, information in this paragraph has been modi-fled by subsequent testimony concerning the Midland MPQAD structure and the NRC Staff assessment of Consumers Power's corporate management. See Consumers Power's Second J
p.
OsJ Supplemental Findings, paragraphs 370 through 376, 450 through 454, 480 through 481 and 530 thrcugh 550.
258-271 No change 272 While the factual statements contained in this paragraph were true when written and filed, and remain correct, later developments have modified some of the conclusions con-cerning the NRC Staff's conclusion that there were isolated problems of quality assurance implementation at Midland. See Consumers Power's Second Supplemental Findings, para-graphs 341 through 346, 426 through 449 and 468 through 472.
273-274 No change 275-278 Although not specifically derived from the events described in these paragraphs, a change was made subsequent to the Initial Findings, wherein Consumers Power committed to following a stricter version of the ANSI standard dealing with the certification of O - _ _ . - - , . . . . . - . . - . -.. . _ - - - - - - - - .
() quality control personnel. See Consumers Power's Second Supplemental Findings, para-graph 456 and see generally paragraphs 455 through 459.
279-281 No change 282-287 While the facts upon which they were based are still accurate, subsequent events are relevant to the conclusions drawn in these paragraphs relating to the relationship of management attitude to quality assurance.
See Consumers Power's Second Supplemental Findings, paragraphs 530 through 550.
288-294 No change 295-298 While the facts upon which they were based are still accurate, subsequent testimony is relevant to the conclusions drawn in these paragraphs relating to the relationship of cost and schedule to quality assurance. How-ever, the conclusions remain unchanged. See Consumers Power's Second Supplemental Find-ings, paragraphs 521 through 529.
A
\)
~
I l
(]) 299 The conclusions drawn in these paragraphs relating to Ms. Stamiris' Contested Con-
! tentions are modified with respect to testi-mony on management attitude and supplemented i
by the conclusions contained in Consumers Power's Second Supplemental Findings, para-graphs 530 through 550.
CONCLUSIONS OF LAW These conclusions are superseded by the Conclu-sions of Law submitted in Consumers Power's Second Sup-r plemental Findings, paragraphs 671 through 677.
APPENDIX A This Exhibit List is superseded by the Exhibit List submitted as Appendix B of Consumers Power's Second
, Supplemental Findings.
B. Consumers Power's Proposed (First) Supplemental Findings of Fact and Conclusions of Law for Par-tial Decision on Quality Assurance, filed March 15, 1982 Paragraph Comment 300-309 These paragraphs discuss the first "Syste-
() matic Assessment of Licensee Performance
("SALP") issued by the NRC's Region III and the NRC national headquarters (" National S ALP " ) . For a discussion of subsequent SALP appraisals concerning Midland, see Consumers Power's Second Supplemental Findings, para-graphs 539 through 547.
310-318 These paragraphs deal with the MPQAD re-organization and staffing changes which occurred in December, 1981. As of the time they were written and filed, the paragraphs were accurate. However, subsequent events involving a restructuring of the MPQAD, an in-crease in its Project responsibilities and operational scope and significant personnel changes, limit much of the information con-tained in this section to historical import only. For example, a new person has assumed the MPQAD directorship and the responsi-bilities of the position itself have been changed. Further, although Mr. Bird, still holds a position with the Project, some of his responsibilities as discussed in these paragraphs have changed. Finally, the MPQAD
/~T U
() structure has been altered, necessarily modifying the proposed Board finding in paragraph 318. For a more complete dis-cussion of the MPQAD changes which provide reasonable a.surance that the Midland Plant will be constructed and operated safely, see Consumers Power's Second Supplemental Find-ings, paragraphs 370 through 376, 450 through 459 and 480 through 481.
319-329 No change 330-337 Although not derived from the events dis-cussed in these paragraphs, it should be noted that Consumers Power has committed to a stricter version of the ANSI standard, ANSI N45.2.6, 1978, pertaining to quality control inspector certifications. See Consumers Power's Second Supplemental Findings, para-graph 456 and generally paragraphs 455 through 459.
338 No change
.(3 s_/ -
() SUPPLEMENT TO APPENDIX A This supplemental Exhibit A is superseded by the Exhibit List submitted as Appendix B of Consumers Power's Second Supplemental Findings.
II. CONSUMERS POWER COMPANY RESPONSES TO PREVIGJSLY FILED PROPOSED FINDINGS OF INTERVENOR BARBARA STAMIRIS AND THE NRC STAFF Consumers Power responded to the Proposed Findings of Fact and Conclusions of Law submitted by Ms. Stamiris and the NRC Staff concerning a partial initial decision on quality assurance issues. The following are Consumers Power's comments to any affirmative statements in its re-sponsive filings which may be effected by the evidence presented in the re-opened 1983 hearings.
It should be noted that at times in its responsive filings, Consumers Power indicated that it had "No response" to the paragraphs initially submitted by Ms. Stamiris or the NRC Staff. Recognizing the complexities of predicting how either of the parties might alter their proposed findings and conclusions in light of any subsequent developments, Consumers Power reserves the right to respond to any changes in earlier Staff or Stamiris' findings which may be pro-posed.
O ,
I~D A. Consumers Power's Response to Stamiris Proposed
-'# (Initial) Findings of Fact and Conclusions of Law for a Partial Decision on Quality Assurance, filed April 26, 1982 Paragraph Comment 1-16 No change 17-18 These paragraphs contain information dis-cussing the trend analysis program at the Project. They were accurate when written and filed. However, since that time, changes to the trending program have been proposed. See Consumers Power's Second Supplemental Find-ings, paragraph 460.
19 This paragraph discusses certain corrective actions taken iey Consumers Power and whether they were "self-initiated" and responsive to
< NRC Staff concerns. Further discussion re-lated to this issue can be found, for ex-l ample, in Consumers Power Second Supplemental l Findings, paragraphs 449, 451, 461 through 471, 473 through 477, 504 through 505 and 536 through 538.
20-37 No change t
(msh ,
9 y, _ - . , --g .9 - _.-r -- .
,9 .
.r - p, .yr. 7
p i
l l
(A) 38-39 These paragraphs were accurate when written and filed. However, subsequent developments have changed the basis for the NRC Staff's analysis of reasonable assurance for a properly implemented quality assurance pro-gram at Midland. Paragraphs relevant to the issue of reasonable assurance that Consumers Power can complete the Midland Plant in accordance with regulatory requirements can be found in Consumers Power's Second Sup-plemental Findings, paragraphs 424 through 425, 488 through 490, 504 through 505, 537 and 669 through 670.
40 .Although not specifically derived from the events described in this paragraph, a change was made subsequent to the Initial and Sup-plemental Findings, wherein Consumers Power committed to following a stricter version of the ANSI standard dealing with certification of quality control personnel. See Consumers Power's Second Supplemental Findings, para-graph 456 and see generally paragraphs 455 through 459.
(3 . 41-42 No change LJ 43 This paragraph was accurate when written and filed. However, subsequent developments have changed the basis for the NRC Staff's an-alysis of the reasonable assurance for a properly implemented quality assurance pro-gram at Midland. Paragraphs relevant to the issue of reasonable assurance that Consumers ,
Power can complete the Midland Plant in ac-cordance with regulatory requirements can be found in Consumers Power's Second Supple-mental Findings, paragraphs 424 through 425, 488 through 490, 504 through 505, 537 and l
669 through 670.
l l
l 44 No change 45 Although accurate when written and filed, the i
l information in this paragraph, (dealing with l
l soils deficiencies at the Project), should be evaluated in light of the subsequent events concerning the soils area. See Consumers Power's Second Supplemental Findings, para-graphs 399 thicugh 425 and 680 through 722.
~h (V 46 No change 47 Although not specifically derived from the conclusions reached in this paragraph, sub-sequent events have occurred which are rele-vant to the relationship between cost and schedule and quality assurance at the Midland Plant. See Consumers Power's Second Sup-plerJental Findings, paragraphs 521 through 529.
48 This paragraph was accurate when written and filed. However, subsequent developments have changed the basis for the NRC Staff's an-alysis of the reasonable assurance for a properly implemented quality assurance pro-gram at Midland. Paragraphs relevant to the issue of reasonable ascurance that Consumers Power can complete the Midland Plant in ac-l cordance with regulatory requirernants can be i found in Consumers Power's Second Supple-mental Findings, paragraphs 424 through 425, l 488 through 490, 504 through 505, 537 and 669 through 670.
( .
~ - - , - ,- , - ,-e,
O 49-58 No chenee 59 This paragraph discusses the first NRC SALP appraisals. For a discussion of subsequent SALP appraisals see Consumers Power's Second Supplemental Findings, paragraphs 539 through 547.
60-67 No change I- 68-74 The information in these paragraphs, dealing with the NRC Region III Staff and, in parti-cular, Mr. Keppler's assessment of the ef-fectiveness of the Midland quality assurance implementation in identifying and remedying problems was accurate when written and filed.
l However, subsequent events have prompted the i
NRC Staff and Mr. Keppler to revise their assessment. See Consumers Power's Second Supplemental Findings, paragraphs 341 through 346, 426 through 449 and 468 through 472.
1 75-82 No change 82(a) The information in this paragraph dealing l
k
) with the trend analysis program at Midland was true when written and filed. However, since that time, changes to the trending program have been proposed. See Consur.ers Power's Second Supplemental Findings, para-graph 460.
83 Although true when written and filed, the conclusions suggested by this paragraph should be supplemented with information pertaining to the recent structural, oper-3tional and personnel changes in the Midland MPQAD. See Consumers Power's Second Sup-plemental Findings, paragraphs 370 through 376, 450 through 459 and 480 through 481.
84 This paragraph was accurate when written and filed; however, subsequent developments have occurred which necessitate revisions to the portions of this paragraph dealing with the NRC Staff's evaluation of the quality as-surance implementation at Midland. See Consumers Power's Second Supplemental Find-ings, paragraphs 341 through 346, 426 through 449 and 468 through 472. In addition, sub-4
() sequent developments have changed the basis
.for the NRC Staff's analysis of the reason-able cssurance for a properly implemented quality assurance program at Midland. Para-graphs relevant to the issue of reasonable assurance that Consumers Power can complete the Midland Flant in accordance with regu-latory requirements can be found in Consumers Power's Second Supplemental Findings, para-graphs 424 through 425, 488 through 490, 504 through 505, 537 and 669 through 670.
85-92 No change 93 The information contained in these paragraphs 1
dealing with an inaccurate FSAR stavement remains correct. However, this inforkation has been further supplemented by a stipu-l lation between Consumers Power and NRC Staff entered into evidence as Joint Exhibit 6, on l
February 14, 1983 (Tr. at 11321 and 11344),
which concludes that the false FSAR statement cited by the NRC Staff in the Modification j Order was not made intentionally. See Con-l l sumers Power's Second Supplemental Findings,
(
l
() paragraphs 556 and 672.94-132 The information contained in these paragraphs was true when written and filed, and remains correct. However, subsequent events have occurred which are relevant to conclusions relating to Stamiris Contested Contention 1 which are contained therein. See Consumers Power's Second Supplemental Findings, para-graphs 507 through 520 and 530 through 550.
In addition, example 1(d) relating to Stamiris' Contention 1 is addressed in Consumers Power's Second Supplemental Findings, paragraphs 552 through 560.
133-187 The information contained in these paragraphs was true when written and filed, and remains correct. However, subsequent testimony has been presented which is relevant to the con-clusions relating to Stamiris Contested Contention 2 which are contained therein.
See Consumers Power's Second Supplemental Findings, paragraphs 521 through 529.
188-191 No change O .- ., _ . - - -- - - - - . . - _
() 192 The information contained in this paragraph, although correct when written and filed, should be evaluated in light of subsequent events. In particular these later develop-ments necessitate revision of several state-ments in the paragraph pertaining to the NRC Staff's assessment of quality assurance implementation at Midland. See Consumers Power's Second Supplemental Findings, para-graphs 341 through 346, 426 through 449 and 468 through 472.
193-197 No change 198 The information contained in this paragraph, although correct when written and filed, should be evaluated in light of subsequent .
events. In particular these later develop-ments necessitate revision of several state-ments pertaining to the NRC Staff's assess-ment of quality assurance implementation at Midland. See Consumers Power's Second Sup-plemental Findings, paragraphs 341 through 346, 426 through 449 and 468 through 472.
, +.
k %g 4 p
et , . _
d '
3
. * , h '~* a
- *3 ,q -- ~ . ,
<c' w
.a. y ,
f ,
. ,,,n , , . - . .
O 199 No change 200-204B Although accurate when written ind filed, information in these paragraphs has been modified by subsequent testimony concerning the NRC Staff's evaluation of Consumers Power corporate management attitude and quality assurance implementation at Midland. See Consumers Power's Second Supplemental Find-ings, paragraphs 426 through 449, 468 through 472 and 530 through 550.
205 These paragraphs were accurate when written and filed. However, subsequent developments have modified the basis for the NRC Staff's analysis of the reasonable assurance for a properly implemented quality assurance pro-gram at Midland. Paragraphs relevant to the issue of reasonable assurance that Consumers Power can complete the Midland Plant in ac-cordance with regulatory requirements can be found in Consumers Power's Second Supple-mental Findings, paragraphs 424 through 425, 488 through 490, 504 through 505, 537 and 669 through 670.
(l
_27
() 206-214 No change 215-217 The information contained in these paragraphs was true when written and filed, and remains correct. However, subsequent testimony has been given which is relevant to the conclu-sions relating to cost and schedule and quality assurance matters contained therein.
See Consumers Power's Second Supplemental Findings, paragraphs 521 through 529.
218 Although accurate at the time it was written and filed, subsequent events have occurred which necessitate revisions to the NRC Staff's conclusions relating to the implementation of the quality assurance program at the Midland Plant. See Consumers Power's Second Supple-mental Findings, paragr;phs 341 through 346, 426 through 449 and 468 through 472.
219-220 No change 221 Subsequent testimony concerning the NRC Staff assessment of Consumers Power corporate management attitude and Midland quality O
r
() assurance implementation can be found in Consumers Power's Second Supplemental Find-I ings, paragraphs 530 through 550.
222-237 No change 238 Although accurate when written and filed, subsequent testimony concerning the NRC Staff's assessment of Consumers Power cor-porate management attitude and Midland quality assurance implementation is relevant to the information contained therein. See Consumers Power's Second Supplemental Findings, para-graphs 530 through 550.
239-245 No change 246 This paragraph refers to Ms. Stamiris' ulti-l mate conclusion dealing with the assessment of the existence of a reasonable assurance of safety at the Project. The conclusions drawn in the paragraphs have been superseded by the Conclusions of Law submitted in Consumers L Power's Second Supplemental Findings, para-graphs 671 through 677.
O t i
[
() 247 No change 248 This paragraph was true when written and filed, and remains correct. However, subse-quent testimony on cost and schedule and quality assurance has been given which is relevant to the conclusion contained therein.
See Consumers Power's Second Supplemental Findings, paragraphs 521 through 529.
249-254A No change 254B-254E -The conclusions drawn in these paragraphs, relating to the implementation of the quality assurance program at Midland, the attitude of Consumers Power's management to this imple-
' mentation and the need for the Modification Order itself have been modified by the Con-l l
clusions of Law submitted in Consumers l
l Power's Second Supplemental Findings, para-l graphs 671 through 677.
l 1
I
- f3 I .\J 1
I
() B. Consumers Power Company's Response to Stamiris Proposed (First) Supplemental Findings of Fact and Conclusions of Law for A Partial Decision on Quality Assurance, Filed April 26, 1982 Paragraph Comment 1-16 These paragraphs discuss the first NRC SALP appraisals. For a discussion of subsequent S ALP appraisals concerning Midland, see Consumers Power's Second Supplemental Find-ings, paragraphs 539 through 548.
17-31 These paragraphs deal with the MPQAD reor-ganization and staffing changes which oc-curred prior to December, 1981. As of that time, written and filed, they were accurate.
However, subsequent events involving the re-structuring of the MPQAD, including an en-largement of its Project responsibilities and significant personnel changes, have limited much of the information contained in this section to historical import only. For a more complete discussion of the MPQAD changes, see Consumers Power's Second Supplemental Findings, paragraphs 370 through 376, 450 through 459 and 480 through 481.
I l w/ 32-61 No changa 62-107 Although not derived from the events dis-cussed in these paragraphs, it should be noted that the Consumers Power reorganized MPQAD has committed to a stricter version of the ANSI standard as part of its assumption of responsibility for quality control in-spector certifications. See Consumers Power's Second Supplemental Findings, paragraph 456 and see generally paragraphs 455 through 459.
108 No change 109 This paragraph refers to Consumers Power's Initial Findings as they relate to " manage-ment attitude." Subsequent events are rele-vant to several of these findings and con-l clusions. See Consumers Power's Second Supplemental Findings, paragraphs 530 through 550.
i
! 110 No change l
l l 111-114 The information in these paragraphs was ac-1 l
4 t
[
()
f-s curate when written and filed and remains correct. However, subsequent events in-volving the reorganization of MPQAD, in-cluding an enlargement in its responsibilities and significant personnel changes necessitate supplementing them. See Consumers Power's Second Supplemental Findings, paragraphs 370 through 376, 450 through 459 and 480 through 481.
115 No change 116 The information in this paragraph dealing with the trend analysis program at Midland was true when written and filed. However, since that time, changes have been proposed to the trend analysis program. See Consumers Power's Second Supplemental Findings, para-graph 460.
l 117-118 No change 119 Although not specifically derived from the events described in these paragraphs, a change was made subsequent to the Initial l 1'
f qlll and First Supplemental Findings wherein the Consumers Power MPQAD has committed to fol-lowing a stricter version of the ANSI stan-dard as part of its assumption of respon-sibility for certification of quality control personnel. See Consumers Power's Second Supplemental Findings, paragraph 456 and see generally paragraphs 455 through 459.
i 120-124 The information contained in these paragraphs was accurate when written and filed. Al-though not specifically derived from the information in these paragraphs, later de-velopments involving changes in MPQAD or-ganizational structure, staffing and re-sponsibilities, as well as personnel changes gives much of the information here historical l
import only. See Consumers oower's Second Supplemental Findings, paragraphs 370 through 376, 450 through 459 and 480 through 481.
125-132 No change 133 Although not specifically derived from the events dascribed in these paragraphs, a dl k change wr, made subsequent to the Initial and First Supplemental Findings wherein the Con-sumers Power reorganized MPQAD committed to following a stricter version of the ANSI standard as part of its assumption of re-sponsibility for certification of quality control personnel. See Consumers Power's Second Supplemental Findings, paragraph 456 and see generally paragraphs 455 through 459.
134 No change
~
135-127 While the facts upon which they are based remain accurate, subsequent developments are relevant to the conclusions drawn by these paragraphs dealing with management attitude and quality assurance implementation. Gee Consumers Power's Second Supplemental Find-ings, paragraphs 530 through 550.
138 No change CONTENTION 1 The factual statement's contained in these para-M '
}l graphs were true when written and filed, and remain correct.
However, later developments are relevant to some of the conclusions suggested here. See Consumers Power's Second Supplemental Findings, paragraphs 506 through 550.
CONCLUSIONS OF LAW These Responses to Ms. Stamiris' Supplemental Conclusions of Law should be considered superseded by the Conclusions of Law submitted in Consumers Power's Second Supplemental Findings, paragraphs 671 through 677.
C. Consumers Power Company's Response to the NRC Staff Proposed (Initial) Findings of Fact and Conclusions of Law for Partial Decision on Quality Assurance, filed April 26, 1982 Paragraph Comment 1-61 No change 62-70 The information contained in these paragraphs dealing with an inaccurate FSAR state:nent i remains correct. However, this information has been further supplemented by a stipu-lation between Consumers Power and NRC Staff entered into evidence as Joint Exhibit 6, on February 14, 1983 (Tr. at 11321 and 11344),
E-'
i !
}j) which concludes that the false FSAR statement cited in the Modification Order was not made intentionally. See Consumers Power's Second Supplemental Findings, paragraphs 556 and 672.71-112 The factual statements contained in this paragraph were true when written and filed, and remain correct. However, later develop-ments and testimony on Stamiris Contested Contention 1 are relevant to some of the conclusions proposed here. See Consumers Power's Second Supplemental Findings, para-graphs 507 through 520 and paragraph 548.
113 Later developments have modified the con-clusion contained in this paragraph. Spe-cifically, Consumers Power acknowledges that l certain developments, such as the Licensing Board's April 30, 1982 Order, have already j effectuated improvements and stricter than normal regulatery cupervision as suggested by the Contention. Nothing in this paragraph should be construed to evidence a lack of candor regarding-the transmission of im-4lI ~ .'
l :
k
r
]
4%l k portant safety information to the NRC by Consumers Power or diminish Consumer's Power's acceptance of the April 30, 1982 Order or any other measure implemer.ted to monitor construction activities at Midland.
See Consumers Power's Second Supplemental Findings, paragraphs 351 through 352, 507 through 520, 548 through 550, 588 through 589 and 669 through 670.
114-214 The factual statements contained in these paragraphs were true when written and filed, and remain correct. However, subsequent testimony has been given which is relevant to conclusions relating to Stamiris Contested Contention 2 which are contained therein.
See Consumers Power's Second Supplemental Findings, paragraphs 521 through 529.
215-301 No change 302 Although not specifically derived from the events described in this paragraph, a change was made subsequent to Consumers Power's Initial and Supplemental Findings, wh.rcin M
pg
.F Consumers Power committed to following a stricter version of the ANSI standard deal--
ing with the certification of quality control personnel. See Consumers Power's Second Supplemental Findings, paragraph 456 and see generally paragraphs 455 through 459, 303-320 No change 321-323 The information contained in these para-graphs, dealing with the structure, staffing, l operation and scope of Consumers Power's l MPQAD, although accurate when written and filed, has been superseded. For a more com-plate discussion of these changes, and the j NRC Staff's assessment of them, see Consumers Power's Second Supplemental Findings, para-graphs 370 through 376, 450.through 459 and 480 through 481.
I 324-338 No change 339-341 The information in these paragraphs dealing
! with the trend analysis program at Midland was true when written and filed. However, l
jdlll> since that time, changes to the trend an-alysis program have been proposed. See Consumers Power's Second Supplemental Find-ings, paragraph 460.
342-342 No change 344 The information in these paragraphs was accurate when written and filed. Howaver, subsequent developments have changed the basis for the NRC Staff's analysis of the reasonable assurance for a properly imple-mented quality assurance program at Midland.
Paragraphs relevent to the issue of reason-able assurance that Consumers Power can complete the Midland Plant in accordance with regulatory requirements can ne found in Consumers Power's Second Supplemental Find-l ings, paragraphs 424 through 425, 488 through 490, 504 through 505, 537 and 669 through 670.
345-357 No change 358 These paragraphs were accurate when written W
Ua and filed. However, subsequent developments have changed the basis for the NRC Staff's analysis of reasonable assurance for a properly implemented quality assurance pro-gram at Midland. Paragraphs relevant to the issue of reasonable assurance that Consumers Power can complete the Midland Plant in accordance with regulatory requirements can be found in Consumers Power's Second Sup-plemental Findings, paragraphs 424 through 425, 488 through 490, 504 through 505, 537 and 669 through 670.
359-375 No change D. Consumers Power Company's Response to the NRC Staff Proposed (First) Supplemental Findings of i
Fact and Conclusions of Law for a Partial Decision on Quality Assurance, filed April 26, 1982 1
Paragraph Comment 376-406 These paragraphs discuss the National SALP appraisal. For a discussion of subsequent '
SALP appraisals concerning Midland, see.
Consumers Power's Second Supplemental Find-ings, paragraphs 539 through 547.
W
}jf 407-419 These paragraphs deal with the MPQAD reor-ganization and staffing changes which oc-curred prior to December, 1981. As of that time, written and filed, the paragraphs were accurate. However, subsequent events in-volving a restructuring of the MPQAD, in-cluding an increase in its Project respon-sibilities, and significant personnel changes, limit much of the information con-tained in this section to historical import only. For a more complete discussion of the changes, see Consumers Power's Second Sup-plemental Findings, paragraphs 370 through 376, 450 through 459 and 480 through 481.
420-447 Although not specifically derivative from the events described in these paragraphs, a change was made subsequent to the Initial and Supp!cmental Findings, wherein Consumers Power committed to following a stricter version of the ANSI standard as part of its assumption of responsibility for the certi-fication of quality control personnel. See Consumers Power's Second Supplemental Find-ings, paragraphs 456 and see generally para-graphs 455 through 459.
.-. , . - - . _ - - . - - - - - - - _ -