ML20084A307
| ML20084A307 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 04/19/1984 |
| From: | Sinclair M SINCLAIR, M.P. |
| To: | |
| References | |
| OL, NUDOCS 8404240497 | |
| Download: ML20084A307 (9) | |
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UNITED STATES OF AMERIC A NUC LE AR 11 EGULATOHY COMMISSION
- 00LKETED ggp; Before the Atomic Safety and Licensing Board
'84 APR 23 P2:02 In the Matter of: ) [ :, - -YUf
) Docket Nes. 50-320:L'"
CONSUMEllS POWER COMPANY, ) 50-330
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(Midland Plant, Units I and 2) ) Operating License MOTION TO HEQUEST Tile CASELOAD FORECAST PANEL TO EVALUATE Ti!E CONSUMERS POWEH CO. NEW CONSTIlUCTION COMPLETION DATE FOR TIIE MIDLAND NUCLEAH PLANT April 19,1984 WIIEH E AS, On April 10, 1984, Consumers Power Co. (CPCo) announced that Unit 2 of the Midland nuclear project enn be completed, licensed and placed in commer-clal service by December,1980, and WilEllE AS, Since the last Caseload Forecast Panel met to review the Midland nuclear pinnt, (April 19-21, '83) an exceptional number of serious and unforeseen problems have arisen at the nuclear plant construction site, which hnve been the subject of specin! Donrd Notification (BN) for this licensing body, such as:
!) The cliscovery that the benring capacity of the base soils for the underpinning is 1/2 that used in the original analysts (BN83-l'i4)
- 2) The discovery of incorrect and unconservative eniculations of differentint settlement between the nuxillary building and the control tower (llN83-174)
- 3) The inck of criterin and assessments of upper movements of structures and the reinted structural stresses (DNR3-174)
- 4) The Applicants decision to substitute ACI 318 for ACI 349 nnd the reinted monitoring of the eye bars or other components nffected (ilNA3-174) 0404240497 040419 FDR ADOCK 05000 g h
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- 5) The effects of the expected elongation on equipment between the' auxiliary building and the control tower (BN83-174)
- 6) The continuation of repeated drilling incidents despite past controls and commitments intended to rectify this problem (BN83-155 Stopwork and 10/5/83 memo), and WilEREAS, The monthly third party review audits by Stone and Webster and the Nuclear Regulatory Commission (NBC) staff have revealed other new and unanticipated problems, such as the fact that alert levels for cracking and possible movement have been exceeded and not properly reported to the NRC (Stone and Webster meeting, 11/10/83, and 10/5/83 memo), and WHEREAS,
,After the soils underpinning work had been underway for a year, a number of significant unexpected problems have been found, including:
- 1) Requirements for differential between the diesel generator building structure and diesel generator building pedestals were not accounted for in the design of the piping, equipment, conduits and pipe supports, (MCAR 78, Jan. 6,1984)
. 2) Piers have failed to accept their intended loads,
- 3) Water seepage threatens the integrity of the concrete piers, despite installation of a freezewall intended to control water problems, and WilER E AS, .
Although the estimate for completion of the soils work made in December,
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'82, when permission was given to go ahead was 18 months at a cost of $125,000, the current estimate,16 months after that prediction, is that the soils work is 34% complete nnd the cost is estimated at $250,000, and WilER E AS, Mr. James Keppler, NBC director of Region III has stated that, in his opinion, the completion of the soils work was so complex as to be equivalent to the build-ing of a third reactor simultaneously on site and that he doubted any utility could handle that. (NRC staff meeting with CPCo, June 21,1982, at Jackson, MI) (MDN June 22, '82. Exhibit 1) 1
I WHER E AS, Two NRC inspectors, Ron Cook and Dr. .Ross Landsman, have testified under oath that the workmanship at the plant is " shoddy" and represents a hazard to the safety of the tri-county area of Midland, Saginaw and Bay City, (TR 15117)
(Exhibit 2) and WHER E AS, NBC Inspector Eugene Gallagher has stated under oath that the problems at Midland are unpreceoented at any other site, (TR2463) (Exhibit 3) and WHER E AS, The special task forou team were ready to recommend that the project be shut down following the extensive findings of quality control deficien-cies during the diesel generator building inspection of October,1982, (TRl5071)
(Exhibit 4) and WH ER E AS, Given these extraordinary serious problems, there is now grave concern in Michigan on the part of CPCo's chief industrial customers, such as General Motors, Ford Motor Co., Chrysler Motor Co. , Great Lakes Steel, who, in viewing these serious problems with their considerable management expertise, have questioned its viability as safe and reliable source of power in the foresee-able future, and WH EP.E AS, These industrial leaders have joined with the Public Service Commission (PSC),
Attorney General and Michigan Citizens Lobby in questioning whether the project can actually be completed safely in the foreseeable future, ( Exhibit 5) and WHER E AS, CPCo historically has consistently been wrong in its construction completion dates, and WIIER E AS, ,
The NRC is the public agency responsible to this broad spectrum of public concern in Michigan for its future health and safety and has the expertise to make plant completion fordcasts for determining safe operation.
C E
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TIIEREFOR E, i Citizen intervenor Mary Sinclair moves that this Board require the NRC f t
Caseload Forecast Panel to meet within 30 days to evaluate the new construc- r tion completion date of CPCo and ,to determine if CPCo completion date is realistic and if not, to make public what their own completion date estimate is. [
Respectfully submitted,
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/ ., t ft t , - .s- . W} f di t 't2 4 "
Mary P. Sinclair I
ec: Charles Bechhoefer, Esq.
Dr. Frederick P. Cowan Jerry Harbour, Esq. .
Secretary, Docketing and Services Section Michael I. Miller, Esq.
William Paton, Esq.
Mr. Wendell Marshall Ms. Barbara Stamirls James E. Brunner Billie Garde Lynne Bernabei
v Special team formed o EXHIBIT I a=g ,lt.
An alternitt proposs!, requiringi
, specific educational progFams to be
- made available for trainable mentally t O .I n s e d an si e imeaired <rar> a d etaer aeeia' education students was approved by thel Special Education Advisory CounciB Monday by a 5 0 vote. I Continued from page I happening at the site." The proposal now will be taken to the f
Keppler said communications may be Cook left at the meeting's conclusion Board of ' Education of the Midlan%
a big part of the problem. "We don't without commenting. But the man in Intermediate School District for apq have the same difficulty communicating charge of QA for the Midland plant. proval July 8, according to William J.
with the other utilities in the region. We Walter R. Bird, said Consumers needs to Leppien, chairman of the SEAC and also have failed to convince you there are " sit down, think about it and come- up chairman of the Parent Advisory bigger problems on that site than you with the best positive plan of action to Committee, the group which drafted the feel there are get it resolved, as Mr. Keppler said." proposal.
"We feel you need to be less defensive The PAC is a group of parents 07 about things. Either convince us our KEPPLER liAD proposed another handicapped children from throughou2 concerns are wrong, or focus the rneeting with Consumers after he talks Midland County.
necessary attention to correct them," he to his inspectors. Keppler also said he The SEAC is made up of r9presen<
told Consumers. plans to talk to liarold Denton, NRC tatives from each of the fout schooD director of nuclear reactor regulation. districts in the county, the PAC and 'h?
PR ESSED BY REPORTERS af ter the about the Midland situation. It was MISD board. Its responsiblity is tc meeting to more fully define the Denton who recently convened a special review the proposed special educatioa problems at Midland, Keppler said the meeting of nuclear experts to study the services and programs each year for th?
large amount of work underway at the soil problems. :ounty, and make recomendations to the plant may be preventing Consume'rs Last summer, durIng a federal MISD board.
from paying enough attention to quality. hearing on the soil problems, Keppler The SEAC approved the alternatr The utility is struggling to finish the $3.39 . testified that he believed future QA at proposal af ter rejecting,51, the origina billion plant in time to honor an Midland will be adequate to protect proposal Feb. 15. At that time end-of 1984 steam contract with the Dow public safety despite the past problems. representatives to the SEAC fro Chemical Co. Because of the recent problems, various school districts in the count r lie said the extensive work to fix the Keppler said Monday he now feels "very said that the PAC proposal to requir f soil problenis is .the equivalent, in his uneasy" about that testimony and may specific programs for TMI students wa view, of a third reactor being built on the have to rgturn before an Atomic Safety already covered by a full continuum o site. "Maybe there's too much work and Licensing Board panel to clarify or programs already considered for eac!
going on. It's the only site being ristored change his statement. child, to what it was intended to be. There "I've led that hcaring board ( ASLB) to The new proposal is a much mora should be little left to second guessing as belicye the remedial work is proceeding general guideline, addressing the sper to how well the work is being d6ne. with the satisfaction of the (NRC) staff. trum of special education progran "I don't feel they (Consumers) are. At the moment, that isn't so," Keppler options, according to Jim Clark, directo the extra yard right now," said. of curriculum for MPS and a represea (going Keppler told reporters. "It seems like every time we stick our tative to the SE AC.
lie said the problem apparently does nose into an area (while inspecting), we TMI students generally have IQ level not originate with Cook, who he said has aren't happy," Keppler told Consumers, between 30 and 55, and are characterizec a " good attitude." But Keppler added, lie later told reporters. "I'm almost as showing below. average developmes "It sounds like he's not getting the full embarrassed to be sitting here with this intellectually, a lack of developmer story from his people as to what's degree of discomfort about the project." primarily in the cognitive (thinking
! area and impairment of adaptiv behavior.
Milit0 fI* { Currently TMI students in Midlanj County are served through Midlan Public Schools. Most of those studen uttend Ashman School, a school ope.
ated exclusively for TMI students. So2 Set OVer. LOke- UFOn 8
TMi siudents. however, are eiseed a programs for the educable mentalu Impaired (EMI), a higher level speci' A temporary avlation Military from June 3 through July S. The average education program, in other buildirlgs h Operating Area (MOA) known as the use will be two days a week,4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> a the school district.
Iluron MOA. has been established over day. The military will notify Federal Currently there are not any Lake lluron northeast of Alpena, Aviation Administration Flight Service programs in settings other than Michigan. This area is established to at least two hours before using the MOA, l provide separation between civil aircraft so airmen may determine if the MOA is rnan. ,
l and military aircraft practicing high in use by contracting the nearest FAA What the proposal basically would .
speed tactical maneuvers below 10,000 Flight Service Station. Is to require the Midland Public Schoo l A corridor, known as the Gore Bay fsfa'nSh I' l
The purpose of the lluron MOA le to Corridor, has been established through l provide training airspace for fighters the MOA between Alpeng VORTAC and Those settir.gs would include placing l cperating from Phelps Collins Air Gore Bay, Ontario, to provide for civil student in a regular education progra N., %. nnard R... The alrenaea la u.4 s, .i.wa.,ea cen.. r a n sinrno at .. i.6 ...ncar, . rvie... ca.ein, a sina.
EXHIBIT 2 15117 jI g l 2-3,pj4 q
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April 27th, and I'm re'ading from Transcript Page 14433. .
i 2 1 Excuse me, Mr. Paton, what
- ' MS. BERNABEI
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3 was that page? r 4 '5
, MR. PATON: 14433. t S.
j BY MR. PATON: ,
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6 ll O' Mr. Marshall is interrogating Dr. Landsman, [
t and he asks Dr. Landsman: f' I
8.II "Would you. agree, sir, that, as a ,;
i 9l member of your. panel has already testified, l
'O there's work that's shoddy down there? -
" WITNESS LANDSMAN: I would agree with f
F 12l .
that. ,
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"O And don't you think that Midland l i
'" ! i is entitled to something better than shoddy ,
15 work at a nuclear power plant? [.
I i 16l . "A (WITNESS LANDSMAN) Yes.
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4 "- "C And dcn't you think, sir, that it
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is liable to jeopardize the public health
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} A l'l and safety, the people of the City of Midland
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20 i "A (WITNESS LANDSMAN) Yes.
' And the surrounding counties?
, 21 "O l 5} .
22 "A (WITNESS LANDSMA,N) Yes."
- L 23 Do you agree with Dr. Landsman's statement g 24 that the shoddy work at the plant is liable to hr 25 jeopardize the public health and safety? -
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g m.
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wal 7. I 1 EXillBIT 3 2463 IE b//en.( C) t-I sites, to a much different degree, hcwe.ar.
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But there have been, in fact, problems on other 1 3 ,
nuclear ' sites with seme thing as simple .: ccals, haven't 2 i,
4 there? t
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(h To a much lesser extent. The degree of the o
6 roblem is what's impcreant here. l' ,
4 The cxtent of what has '
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occurred at the Midland facility _. is uncrecedented at.. any
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o ther f acili_:~".
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0, G The point remains, however, that other pecple 10 p
have had some problems with someth ng 2s : mpic as soils, or i i 11 haven't they?
I 12 A I l
Yes, of ccurce. e s I
13 1 l
0 In fact, a recent bulle:1.- has been issued !
14 I.,.
covering net only Midicnd but cther pla..t; as well, is that 15 right?
16 A
I wrote the bulletin. 4 17 G ,t.
So the answer is that, yes, a recent bulletin IS has been issued with regard to scils f:r n:t only this plant, ;
19 but others? .
20 A Excuse me. It was a circular: Inspection and l
t 21' Enforcement Circular. . .
r 22 O i
To someone like me, th y're the same. I'm 23 sorry. i t-i t .
24 ' A. l e
It has a different ret:lottry p;-.ure. ,
25j Q So your ansker 13 i Yes, ir fart thara h .15 0 boon l
15071 1.Mituti o j 1 Q Doao any mambar of tha penal know cbout 1
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- that meeting.for the 2 ,
any opinions expressed at l 3j reason to shut the plant down?
l- That particular 4 i A (WITNESS GARDNER) 5 :, meeting?
6 Q That particular meeting or thereafter.
Personally, I would 7 A (WITNESS G ARDNER) i 8 ! agree with what Mr. Shaf er said in that we had i
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1 already found substantial evidence of noncompliance.
i 10l Previously in September we had considered 1
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recommending shutdown, and only based on the fact evidence did wo 12 that we did not hav.c sufficient 13 ' decide not to.
14 Now wo had evidence that indicated a 15 fairly widespread noncompliance, and I think about 16 ;
this time it was unanimous among the team that we 17 i
had the evidehce that we did not have in September
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and, therefore, we could recommend a shutdown.
l 18 i 19 O Now, was that recommendation carried to 1 20 Mr. Keppler? ..
A (WITNESS SHAFER)
A rec,ommendation at 21 22 that time? No, I don't believe Mr. Keppler was 23 involved in that.
24 Q
Wa's a recommendation carried to anyone j
25 l else at or near that time?
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AL. .L.EXI!!!!!T6 E I
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OurOPinions l l t
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f The Game Is Over T othing in the law eeys that Consum. E A en Power Co. must abandon h
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and accept the eurvival proposal" of course. Consumera also it receivedMidland {
nucle l wo f electricity costa Indeed, h rate of increase I I in Lansing last Friday. The company for never.
domestic customers would, for most do.
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) formidable group of eponsors proposal. who offered meetic customers, outstrip the las hike that produced so much beat lut thetheless state income -
yea w
! . Bum-f The cornpany says it can best serve not to"peselon con.
This mentionplay" two(usuccessful Mr. Kelley charec. recall ele O i land ructor, which is 85-percentsumers'interesta by finishing the l
- That seems questionable, howevn. complete.
utility disuters elsewhen. In rece The pro. the Nuclear Regulatory Commission (NRC i has refused to grant an operating license' has for a originally estimated and construction hasgram already '
Cincinnati Gu and Electric officia
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fallen nine years behind schedule. Consumers Power officiale guns that h total bill will to turn hir $1.7. billion Zimmer reactor
- (' tive. Directors and shareholders will get a newcome to $
a coal-bu.ning facility; and two Indiana nucle. "
+ have been abandoned in despair.at p:.
- members of the Public Service Comminioncompletion es (PSC) staff espect h number to reach billion. If expenses set that high for a complex that 86it will get an operating licen b
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I i that wee supposed to cost 8339 million 1972 utimate), W PSC may order h recover nies(the invat billione in constructio com. a dime until they produce power b-pany to killit and take the lou.
i Indeed, Atty. Gen essinet this riskConsumers management %
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wrote the company . Frank J. Kelley recently
- l and demanded ebendon.have regulators have become impossible.
re, belled; they think the g l advertleing that this would be unthinkable, ment. The comp Consumen Pneident John B. Selbywhen hn met it was proposed were t,soun i letly in Ianning with Mr. Kelley, and pricethey wee right. But h situation today la !
l ided to ask b staffe of the company,completely h different. A serious teension and enchange views on the subject. attorney generare office, power and and the t
conservation shaved the need for
- , After two see one the company federal received a regulatore inflated costa }
by changin '
construction and certification rulw. Finally, .
the PSC staff h Michigan Citisene'Imbbysurvivel plan e when the NRC denied an operating permit for '
O a completed plant, it delivered h consie de ~ 'g {
""" and a consor, tium of 22 large industries, includin grece to nuclear pown in this country. No pr ; i cal Co g General Motors, Ford, Dow Chemi. sene manager would undertake such a n.
- project and Greet lekee Steel '
propneed that the company a. The group *. aow and dess that kind W. .t 'of uneortainty plant. It also outlined a way bandon the to pay hthe debt company hee no che choice - 'Fr'i.j bt '
incurnd during construction. The plan would abandon the project and strike the best deal itg !
'""' not affect puferred stocks and bonde, but it a ;
cwould require eunpenelon of dividends tore.
on The deciolon should not be vie t
'g 'Fommon stock for a three to.five. year period. referendum on puelear power, which remaine f c or bt, the regulators would guerenteea heste source of enwsy but lastead as an '
f ompany sufficient retos to maintain service, admiselon ht the cos,ts of building and '
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fiend off bankruptcy, and nturn to normal pereeltting the M6dland plant have become nancial health in eight to 10 yeen, 1 prohibitively high. Aftet a decade of steadily
.- escalating prica, the Midland game le over. * !
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