ML20210S413
| ML20210S413 | |
| Person / Time | |
|---|---|
| Site: | Hope Creek, Summer, Columbia, Seabrook, Diablo Canyon, San Onofre, Maine Yankee, Humboldt Bay, La Crosse, Rancho Seco, Midland, 05000000, Zimmer, 05000340, Vallecitos |
| Issue date: | 09/26/1986 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Rice C KIRKLAND & ELLIS |
| Shared Package | |
| ML20150F172 | List: |
| References | |
| FOIA-84-96, REF-10CFR9.7 SECY-82-224, NUDOCS 8610080128 | |
| Download: ML20210S413 (5) | |
Text
hh Mutuq'g UNITED STATES l
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- j-WASHINGTON, D. C. 20555 SEP 2 61986 Carol M. Rice, Esquire Kirkland & Ellis IN RESPONSE REFER 200 East Randolph Drive TO F0IA-84-96 Chicago, IL 60601
Dear Ms. Rice:
This is in further response to your letters dated February 1 and March 15 in which you requested, pursuant to the Freedom of Information Act (F0IA),
16 categories of records regarding the Midland plant.
By various letters from Region III and this office dated May 17, 1984, through August 17, 1984, we provided boxes of records regarding the Midland plant in partial responses to your request. We apologize for the unavoidable delay.in providing additional wri.tten responses to your ' request. During telephone conversations between'you and -Linda Robinson.at the time you were taking depositions, and receiving related records, from NRC employees regarding the litigation by your client, Dow Chemical Company, against Consumers Power Company, you inquired about the remaining records' subject to your request as well as records related to investigations by the Office of Investigations, and stated that you might not have any further interest in any additional records. As a result of those conversations, we are now placing certain additional records into the NRC's Public Document Room (PDR) in Washington, D.C., in folder F01A-84-96 under your name and describing the subject matter of other records for your consideration as to whether you have any further interest in additional records.
At this time, we are enclosing Appendices D and E which identify additional records subject to your request which are available at the PDR and a copy of a notice which explains procedures and charges for obtaining copies of records from the PDR.
These records include certain additional central files records which you requested from a computer printout which we sent to you on March 2, 1984. This is to inform you that the staff was unable to locate one of the requested records.
The record is identified on page 96 of the computer printout under accession number 8008200296. The staff informeu this office that prior to mid-1981 certain records were not microfilmed because of poor legibility or similar reasons, and this record was not legible.
8610080128 860926 Pl>R FOIA RICE 84-96 PDR
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Ms. Rice With regard to those additional records maintained in Region III files and not provided to you during your inspection of records in Region III, the records contain certain types of information that is exempt from public disclosure under F0IA provisions. As agreed, we are describing the nature of the information for your consideration. The records contain certain 4
proprietary information; predecisional information in draf ts, notes, and documents prepared regarding testimony and a Directors Decision regarding a 2.206 petition; and records related to investigations.
In this regard, please note that the substance of certain matters covered by these records is contained in other records which were placed into the PDR docket file for the Midland plant and the PDR folder fora previous request, F0IA-82-366, and released to you under previous responses to your request. We are enclosing a list by the Office of Investigations, " List of Investigations / Inquiries at Midland."
For your information, we are also enclosing copies of request F0IA-85-602 and our response letter dated September 30, 1985, identifying certain records in the PDR regarding the Midland plant.
By letter dated July 18, 1984, we forwarded to you a computerized list (" Appendix A")
of certain released records under your request and informed you that we would forward another computerized list (" Appendix B") to you when the records released with that letter were entered into NRC's computerized document control system; we are now enclosing a copy of that Appendix B list. The cost of reproducing the records provided to you in previous responses to your request is $2,461.25, as specified in 10 CFR 9.14.
You will be billed separately for this amount by the NRC's Division of Accounting and Finance.
Upon your review of this response, please telephone Ms. Robinson at (301) 492-8133 to discuss this matter if you are interested in obtaining additional records.
If we do not hear from you by October 10, 1986, we will assume that you have no further interest in this matter. You may, of course, submit a new F0IA request at any time in the future that you may become interested in any additional records.
Sincerely,
/ gf)wo N
Donnie H. Grimsley, Director Division of Rules and Records Office of Administration
Enclosures:
As stated
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o Re:
F01A-84-96 APPENDIX D 1.
11/24/82'. Note to Thomas Novak from Ronald Hernan, " December 7, 1984, Meeting with Region III - Midland QA" (PDR: 8312140053/FOIA/
GARDE 83-133) 2.
3/16/83 Memo to Thomas Novak from R. Warnick, "NRR Assistance in Resolving Midland Soils Issue" (PDR: 8312140044/F0IA/ GARDE 83-133)
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F01A-84-96 APPENDIX E 1.
11/3/78 Memo for Vassalo from Olmstead, "B0ARD NOTIFICATION OF DIESEL GENERATOR FOUNDATIONS AND BUILDING SETTLEMENT AT MIDLAND" (1 page) 2.
2/5/79 Memo for Beckwit from Chilk, " STAFF REQUIREMENTS - AFFIRMATION SESSION 79-2" - Open for Public Attendance (1 page) 3.
6/14/79 Memo to Miller, luebke, and Leeds from Olmstead, " REMAND PROCEEDING" (2 pages) 4.
2/14/80 Ltr to Miller and Smith from Cherry (3 paces) 5.
2/15/80 Memo for Denton from Mattson, "MEB EQUIPMENT QUALIFICATION EFFORT AND POTENTIAL FOR LICENSING DELAYS" (3 pages) 6.
10/6/80 Memo for Roe from Jackson, "GEOSCIENCES BRANCH -CURRENT WORKLOAD" (7 pages) 7.
10/4/80 Transcript of discovery deposition (154 pages)
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8.
10/15/80 Transcript of discovery deposition - (105 pages)
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9.
1/6/81 Memo for Commissioners from Dircks, " DAILY STAFF NOTES, JANUARY 5,1981" (Portions deleted are outside the scope of the' request)
(1 page) With attachments:
11/24/78 Memo for Thornburg from Keppler, " LETTER FROM MYRON CHERRY-MIDLAND", with attached 12/14/78 response letter and 11/20/78 incoming letter from M. Cherry.
- 10. 3/26/81 Transcript of deposition (105 pages)
I 11.
1/12/82 MIDLAND PROJECT QA ORGANIZATIONAL CHANGE PRESENTATION OF REGION III AND NRR QA BRANCH (35 pages), which is enclosure two to #12 below:
12.
1/29/82 Memo to file, "
SUMMARY
OF JANUAFY 12, 1982 MEETING ON QA ORGANIZATIONAL CHANGES AND UNDERPINNING QA" (5 pages excluding enclosure 2 identified at #11 above)
- 13. 3/11/82 Memo for Adensam from Hernan, " NOTICE OF MEETING - MIDLAND PLANT, UNITS 1 AND 2" (2 pages)
- 14. 3/11/82 Memo from Hood, "
SUMMARY
OF MARCH 8,1982 TELEPHONE CONVERSATION REGARDING S0Il SPRING STIFFNESSES FOR AUXILIARY BUILDING UNDERPINNING AND PHASE II CONSTRUCTION" (8 pages) 15, 3/12/82 Transcript of conference call between Region III and Bechtel/
CPC0 (6 pages)
- 16. 5/12/82 Letter to J. Kane from Steve Poulos, Geotechnical Engineers, Inc.,
regarding review of letter dated 4/22/82 from J. W. Cook to H. Denton (5 pa Poulos (5 pages)ges) With attached 5/17/82 letter to Kane from With attached 2/3/82 letter to Kane from Poulos (10 pages) With attached 1/28/82 letter to Kane from Poulos (2 pages) With attached 1/28/82 letter to Kane from Poulos (2 pages)
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Re: F0IA-84-96 APPENDIX E CONT'D
- 17. 6/3/82 SECY-82-224 Info paper (10 pages) 18.
7/9/82 Memo for addresses on list from Adensam, " MIDLAND INTERR0GATORIES",
with attached annotated copy of interrogatories submitted by Sinclair (21 pages)
- 19. 8/10/82 Note to Adensam from Paton, " QUALITY ASSURANCE ISSUES TO BE ADDRESSED AT AN EVIDENTIARY SESSION IN THE MIDLAND PROCEEDING" (2 pages) 20.
11/82 Listing entitled, " PROBLEMS IDENTIFIED DURING OCTOBER-NOVEMBER,1982 MIDLAND CONSTRUCTION INSPECTION" (1 page) 21.
11/82 Duplicate of listing identified at #20 above with handwritten notations 22.
11/16/82 Testimony for ASLB Hearings of Mr. H. Singh (10 pages) & Mr. Otto (4 pages 23.
11/22/82 NRC Op'en Items List (22 pages)
- 24. 3/25/83 Handwritten notes " TESTIMONY" - W. Paton's prehearing brief notes (1 page) 25.
4/11/83 Ltr from Senator Levin with attached incoming 1/24/83 ltr from Beckrow (2 pages)
- 26. 6/16/83 Ltr from Senator Levin with attachment re incoming letter (2 pages)
- 27. 9/8/83 Memo for Haller from Triner, " BACKGROUND INFORMATION FOR CHAIRMAN PALLADIN0'S TRIP TO REGION III" (Portions deleted are outside the scope of the request)
(4 pages)
- 28. 3/13/84 Note for list from M. Wilcove, "ZACK INSPECTION FOR MIDLAND" (2 pages)
- 29. 3/14/84 DRAFT That M. Wilcove forwarded to Harrison and others for review,
" IMPLEMENTATION OF REMEDIAL S0ILS WORK" (27 pages)
- 30. 2/15/84 Note to files from S. Burns, " JANUARY 20, 1984 MEETING WITH BILLIE GARDE (ATTENDEES: DEYOUNG, TAYLOR,AXELRAD, BURNS)
(9 pages)
- 31. Undated Draf t, " RESPONSE TO M.P.SINCLAIR INTERROGATORIES" (6 pages)
- 32. Undated Paper by Gilray, " MIDLAND CONCERNS RAISED BY I&E RON COOK" and
" PROPOSED INSPECTION PLAN OF CPC0 AND BECHTEL MANAGEMENT INVOLVEMENT" (7 pages)
- 33. Undated Draft by Hood, " DRAFT PROCEDURE FOR NRR SUPPORT TO REGIONS", with attachments (31 pages)
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KIRKLAND & ELLIS A PAArNEA5 HIP INCLUDING PROF tS510NAL CORPORATIONS 200 East Randolph Drive I
Denver Off ce Washingten Office i
e 61 1225 Seventeenth Street 1776 K Street, N.W.
Denver, Colorado 80202 Washington, D.C. 20006 312 861-2000 303 291-3000 202 857-5000 To CallWnter Direct 312 861-2185 February 1, 1984 FREEDOM OF INf 0H1'.M NON ACT, REQUESI_
FoIA-r e/-9V, FREEDOM OF INFORMATION ACT REQUEST Lt. Q Q.8-Pff Mr. Joseph Felton Office of Administration Division of Rules and Records, United States Nuclear Regulatory Commission Washington, D.C.
20555
Dear Sir:
This is a request under the Freedom of Information Act, as amended, 5 U.S.C.
S552.
We request that you provide us with copies of all materials in the possession of your offices that are responsive to the attached list of requests concerning the Midland Nuclear Plant, Dkt. Nos. 50-329 and 50-330.
We are prepared to pay reasonable costs for locating the requested materials and for reproducing those materials.
We request, however, that you telephone me in advance and inform me of the approximate amount of these costs.
If you have any questions concerning this request, please call me.
As provided by the Freedom of Information Act, we look forward to your response to this request within ten working days after receipt of this letter.
S ince rely,
s Carol M.
Rice CMR/gr enclosure
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, a FREEDOM O'F INFORMATION ACT REQUEST (1)
All documents prepared or used in connection with the " Nuclear Regulatory Commission Staff / Consumers Power Company Quality Assurance Stipulation" entered June 5, 1981, in the Consumers Power Company, Dkt. Nos. 50-329 & 330 OM&OL, including all documents relating to any communication with any representa-tive of Consumers Power Company regarding the stipulation.
(2)
All documents produced since January 1, 1979, to the NRC Staff, including staff counsel, by Consumers Power and/or Bechtel, in connection with discovery in Consumers Power Company, Dkt. No.
50-329 and 50-330.
(3)
All documents prepared by or in connection with the
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NRC Region III Office of Special Cases and relating to any of the following subjects at the Midland Nuclear Plant, NRC Dkt.
Nos. 50-329 and 50-330:
(a) establishment of the Office of Special Cases, Midland section; (b) quality assurance and quality control; (c)
Consumers Power management attitude; (d) project completion schedules; (e) remedial soils work; (f)
HVAC deficiencies; (g) reactor vessel anchor stud failures; i
(h) piping hanger deficiencies; (i) electrical cable misinstallation.
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(4)
All documents prepared by or for the Advisory Committee on Reactor Safeguards relating to any of the following reports:
(a)
Report on Design and Co"nstruction Problems for Period from Start of Construction through June 30, 1982, Midland Nuclear Power Plant, Dkt. Nos.
50-329 and 50-330; (b) the fifty-four page report summarizing the history of the Midland Nuclear Plant referenced by R.B.
Landsman in his testimony before the Atomic Safety and Licensing Board, Consumers Power Company, Dkt. Nos. 50-329 and 50-330 (April 29, 1983)
(Transcript at 14941-42);
(c) any similiar periodic report or summary concerning the Midland Nuclear Plant, Dkt. Nos. 50-329 and 50-330.
(5)
All documents relating to quality assurance, project completion schedules, HVAC deficiencies, reactor vessel anchor stud failures, piping hanger deficiencies, and electrical cable misinstallation at the Midland Nuclear Plant, Dkt. Nos. 50-329 and 50-330, in the files of the following NRC staff:
(a)
J. Keppler (b)
R. Warnick (c)
W.
Shafer (d)
R.
Landsman (e)
R.
Cook (f)
R. Gardner l
(g)
I.
Yin (h)
~C.E. Norelius l
(i)
R.L.
Spessard
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All documents relating to soils problems, remedial soils work, including underpinning of existing structures or cracks in the diesel generator building, auxiliary building, turbine building and/or service water pump structure at the Midland Nuclear Plant, NRC Dkt. Nos. 50-329 and 50-330, including all documents in the files of the following NRC staff:
(a)
J.
Keppler (b)
J.
Harrison (c)
R. Warnick (d)
R.
Landsman (e)
W.
Shafer (f)
R.
Cook (g)
J. Kane (h)
E. Gallagher (7)
All documents prepared or obtained by any official or employee of the Nuclear Regulatory Commission in connection with the investigation, preparation and/or review of Reports No.
50-329/78-20 and No. 50-330/78-20, including all notes, memoranda and documents from the files of G.A. Phillip, E.G.
Gallagher, and G.F. Maxwell relating to these reports.
(8)
All documents prepared or obtained by any official or employee of the Nuclear Regulatory Commission in connection with the investigation, preparation, and/or review of Reports No.
50-329/82-22 and No. 50-330/78-20, including all documents relating to the December, 1982, shut down of safety related work at the Midland Nuclear Plant, and any communication with any representative of Consumers Power Company regarding that shut down, NRC Dkt.'Nos. 50-329 and'5'0-33Q.
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(9)
All. documents prepared or obtained by any official or employee of the Nuclear Regulatory Commission since January 1, 1982, relating to conditions under which safety related work would be permitted to continue at the Midland Nuclear Plant, Dkt. Nos.
50-329 and 50-330, including:
(a) all documents prepared by Consumers Power Company concerning its Construction Completion Program; (b) all documents evaluating the Consumers Power Company's Construction Completion Program; (c) all documents regarding the actual or potential need for reinspection of safety related work at the Midland Nuclear Plant; (d) all documents regarding the actual or potential need for independent third party review of design and construction at the Midland Nuclear Plant.
(10) All documents prepared or obtained by any official or employee of the Nuclear Regulatory Commission in connection with the investigation, preparation and/c r review of the Systematic Assessment of Licensee Performance Feports on the Midland Nuclear Plant, NRC Dkt. Nos. 50-329 and 50-330 and Consumers Power Company's responses to those reports.
(11) All documents prepared or used by C.E. Norelius and R.L. Spessard in connection with the investigation and preparation of their June 21, 1982, memorandum to J.G. Keppler entitled Suggested Changes for the Midland Project, NRC Dkt. Nos. 50-329 and 50-330.
(12) All documents prepared or used by R.J. Cook in connection with the investigation and preparation'of his July 23, 1982, memorandum to R.F. Warnick entitled Indicators of Questionable
4
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Licensee Performance -- Midland Site, NRC Dkt. Nos. 50-329 and 50-330.
(13) All weekly or other periodic reports submitted since January 1,1983, by Stone & Webster with respect to soils problems, remedial soils work, including underpinning of existing structures and cracks in the diesel generator building, auxiliary building, turbine building and/or service water pump structure at j
the Midland Nuclear Plant, NRC Dkt. Nos. 50-329 and 50-330.
(14) All documents prepared since September 1, 1983, reporting, evaluating, or referring to cracks in the diesel generator building, auxiliary building and/or the service water pump structure at the Midland Nuclear Plant, Dkt. Nos. 50-329 and 50-330 and any failure by Consumers Power Company to report such cracks.
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8 Y KIRKLAND & ELLIS A PARYNERSHIP INCLUDING PROrt5540NAL CORPORATIONS 200 East Randolph Drive I
Denver Office Te '
61 Washington Office 1225 Seventeenth Street 1776 K Street. N.W.
Denver, Colorado 80202 Washington, D.C. 20006 312 861-2000 303 291-3000 202 857-5000 To Call Writer Direct 312861 2185 March 15, 1984 M'
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Ms. Linda Robinson Office of Administration b_/ A d - EM N
Division of Rules and Records (J g United States Nuclear Regulatory q-
Washington, D.C.
20555
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FOIA 96
Dear Linda:
This letter summarizes the decisions made in our con-ference call of March 14, 1984, and clarifies our FOIA request of February 1, 1984.
We agreed to the following:
Item 1 We will defer our request until we review the materials under FOIA -
82-477.
Item 2 You will contact William Paton to determine if there are documents other than those in the Public Document Room ("PDR").
Items 3,-
The staff members will review their 5, 6 files for all documents that are not in the PDR.
Each staff member will decide whether he wishes to search his files or have us review his files.
Mr. Kane and Mr.
Gallagher stated that they would prefer us to review their materials.
Item 4 The staff will determine if there are documents other than those in the PDR.
KIRKLAND&ELLIS
-Ms.
Linda Robinson March 15, 1984 Page 2 Item 7 You stated that Mr. Gallagher has retained only one box of Midland materials which we may review.
You also informed us that Mr.
Maxwell did not retain any mate-rials other than the inspection report and that Mr. Phillip has retired.
We will defer our request until we Item 8 review the materials under the prior FOIA on these issues.
Item 9 The staff will look for documents responsive to item 9 (a) other than correspondence between the NRC and Consumers Power Company.
In addi-tion, the staff will look for all documents responsive to items 9 (b)-
(d).
Item 10 --
The staff will search for documents relating to the second and third SALP reports.
We will review the prior FOIA materials on SALP I.
Items 11--
The staff will search for documents and 12 responsive to these requests.
Item 13 --
Withdrawn Item 14 --
We will defer our request insofar as it relates to documents internal to the NRC until we review docu-ments in the PDR and the NRC reformulates its position on this subject.
In addition, we made two supplemental requests which you asked us to confirm in this letter.
The requests are:
(1)
All documents relating to the actual or potential need for a management audit of Consumers Power Company, including but not limited to the NRC's consideration and decision to require such an audit, and
KIRKLAND& ELLIS Ms. Linda Robinson March 15, 1984 Page 3 (2)
All documents provided to or prepared in connection with any briefing of the NRC Commissioners relating to the Midland Nuclear Plant and all documents, includ-ing memoranda and notes, prepared by any of the Commissioners.
You.said that you would respond to us on March 16, 1984.
We look forward to that response.
Sincerely, j'
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H/ W Carol M. Rice CMR:ck f
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4. %g UNITED STATES
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NUCLEAR REGULATORY COMMisslON WASHINGTON, D. C. 20555 b' /
November 3,1978 Memorandum for:
D. ~B. Vassallo, Assistant Director for Light Water Reactors, Division of Project Management, NRR From:
William J. Olmstead, OELD
Subject:
BOARD NOTIFICATION OF DIESEL GENERATOR FOUNDATIONS z.
AND BUILDING SETTLEMENT AT MIDLAND o
. :e The attached 50.55(e) letter from Consumers Power has just come to k.f C my attention. While I realize that the NRC policy on notification of licensing boards does not require notification prior to publication of the relevant Staff documents, the unusual circumstances of the Midland proceedings seem to dictate notification in this instance.
As you know, certain CP questions are still, pending before the Commission for decision.
In addition, a prehearing conference on.the OL is scheduled for November 15 in Midland.
Mapleton Intervenors are seeking to admit a contention on building settlement at the site.
Consequently, I recommend that a letter of. notification be prepared which would apprise the respective boards and the Commission of developments on this matter.
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William J. Olmstead, Attorney Office of -the Executive Legal Director i
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