Proactive Engineering

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HIGH-PROFILE ENGINEERING PROJECTS MAY HAVE MORE LEGAL ISSUES

Dr. Miholits is a proactive engineering problem solver for high-profile
scientific and engineering projects. In this role, he analyzes designs and
 proposes design upgrades to prevent problems and forestall litigation.


WHY SPECIALIZE ON SOLVING HIGH-PROFILE ENGINEERING PROBLEMS?

Because many have a higher litigation risk potential.
Because he has good problem solving & design analysis skills to forestall litigation.
—— Comanche Peak NPP —— NUCLEAR PROJECTS —— WIPP ——


WHY UPGRADE THE DESIGN OF A 40-YEAR OLD RETAINING WALL?

The wall bracing system was needed because an above-ground 45 ton load
was added. The wall was upgraded to conform with the latest earthquake
standards, as well as the highest predictable earthquake.


SECTION 1

SYNOPSIS - PROACTIVE ENGINEERING PROBLEM SOLVING
 

OBJECTIVE OF WEB PAGE 4 (Business Line 2 - Proactive Engineering Consulting)

  • To describe the engineering problem solving and design analysis phase of Dr. Miholits' business, and

  • To show how proactive engineering solutions can prevent accidents and failures and ultimately litigation.

 

DEFINITION: As defined herein, the area of PROACTIVE ENGINEERING CONSULTING (business line 2) is an area of consulting where the engineer deals with the present state of a structure or any other type of high-profile facility. What is different about these facilities is that they are of a type where the probability of some sort of failure or incident is much higher than normal. This means that if a problem is not corrected at the Engineering Design Analysis & Problem Solving Phase, it is possible that an incident might occur. Then it could become a legal problem under Business Line 1 — EXPERT WITNESS PHASE.

 

In other words, at the Engineering Design Analysis & Problem Solving Phase, the following conditions exist:

  • A failure or other form of an undesirable incident has not yet occurred, but could occur.

  • There is still time for a re-design to be performed and corrective action taken on an existing structures to prevent a failure from happening.

SERVICES PROVIDED IN BUSINESS LINE 2 - PROACTIVE ENGINEERING CONSULTANT

 

For these situations, Dr. Miholits would be proactive and take corrective action steps to prevent an undesirable incident from happening and thereby forestalling litigation actions.

  • Dr. Miholits offers engineering consulting services to expert witness engineering companies before a failure, accident or other form of incident has occurred on sensitive/high-profile engineering projects. Project types are described above.
  • Specifically, he offers these services to prevent an incident from occurring through the use of timely re-designs.

SECTION 2
WHAT KIND OF HIGH-PROFILE PROACTIVE ENGINEERING CONSULTING
WORK DOES DR. MIHOLITS DO?

 

Proactive Engineering Consulting (aka Engineering Design Analysis & Problem Solving Phase) is an engineering activity of EM² Engineering Consultants. It is a sole proprietorship (one person) engineering consulting operation owned and operated by Dr. Ernest M. Miholits. He is a registered professional engineer with an engineering and science career which began in 1965.

 

Dr. Miholits provides Proactive Engineering Consulting services on high-profile engineering projects which have a significant litigation risk potential in the form of failures and accidents. He does this specifically to provide proactive solutions to those problems which have a significant potential for litigation and thereby forestall these litigation actions. Only certain kinds of project conditions are amenable to this approach because of reasons such as designs, timing, etc.

 

The cited engineering consulting he has dealt with include environmental (health & safety); nuclear power and nuclear fuel cycle (radiological health & safety); regulatory issues; legal concerns; etc. His objective is to solve existing problems by way of: (1) engineering, health and safety, and environmental corrective actions; (2) educating the Client regarding the scientific, medical and engineering aspects of the problem; and (3) etc.

In the real world, the events in the Engineering Design Analysis & Problem Solving Phase always exist as a precursor to the events in Business Line 2. These are Forensic Research, Litigation Support and Expert Witness Services. For a failure to occur, you need a structure that was under-designed either through: (1) calculation errors; (2) excessive and inaccurate cost-saving measures; (3) an out-date design code; (4) the structure was overloaded; (5) defective materials; (6) construction errors; (7) construction inspection errors; (8) an act of God; and/or (9) other unknown reasons.

  • If an engineer evaluates (audits) the facility design and finds everything in order, then an undesirable incident such as a bridge failure should theoretically not occur.
  • If an Engineering Design Analysis & Problem Solving activity is not performed, then there is the potential exists that any problems which may exist may not be discovered and/or identified and thereby corrected. Then it is possible that an undesirable incident may occur. The end result is possible litigation.
  • This presentation shows the relationship between both activities and most importantly, the importance of both business lines.

Dr. Miholits' Proactive Engineering Consulting centers around three types of services.

  • Case 1: Dr. Miholits undertakes an engineering project at plant 1 where an incident is expected to occur because there was one at a similar facility (plant 2). This project is not expected to lead to regulatory or legal action. Example: the engineer is aware of a design flaw at another nuclear power plant (plant 2) which led to the leakage of radioactive materials which was followed by litigation. The consultant knew that the same design was used at his plant (plant 1) which means that an accident could occur at his plant (plant 1). Solution: sell the need to fix the design flaw at his plant (plant 1). The steps he goes through includes:

    • He obtains the first level of information by doing a Forensic Research activity (i.e., initial research, investigation and analysis phase). He obtains more information via the Engineering Design Analysis & Problem Solving Search activity. This allows him to obtain the engineering and scientific information needed to perform a Paper Study. This is needed in the process of developing a solution to high-profile civil, environmental and nuclear fuel cycle engineering projects and problems.

    • Then as an Proactive Engineering Consultant, he will use this information plus his engineering knowledge and experience of the subject areas to address the high-profile engineering projects he specializes in (listed below). This work is normally performed on engineering projects which don't have a legal involvement. However, legal issues may be uncovered during the course of the project as they are high-profile. If this happens, this condition will be treated accordingly. As an example, regulatory concerns and legal issues would be addressed while he assumes the Expert Witness Consultant role.

  • Case 2: he undertakes engineering projects in the planning phase. the original designs in many plants have features which can lead to regulatory and failure problems. To avoid this, he would propose design changes to avoid downstream litigation. In this case, the consultant knows of design flaws as he reads the literature as to what is happening at other plants.

  • Case 3: he undertakes engineering projects which have been built and are in operation.

    • Proactive Engineering Consulting (aka engineering problem solving & design analysis) is used to determine if steps can be taken to prevent problems in the future which can lead to legal actions. The act of reinforcing a retaining wall in advance because the original design was based on 1960 earthquake standards and the wall is now subjected to increased loads is wise decision as it prevents the wall from coming down in the event of a Big Earthquake.

    • Dr. Miholits has undertaken such activities. Example: he was engaged in a proactive problem solving activity which led to reinforcing a 35 foot retaining wall at SLAC. This wall was designed and built in the early 1960s to existing earthquake standards. Because a 67,000 pound transformer and 25,000 pound concrete pad was added at the top of the wall, it was necessary to redesign the wall to current earthquake standards. This redesign and reinforcement action eliminated the potential for this wall to fail in the event the most severe earthquake occurred today.

    • The two construction photos shown above illustrate the aforementioned Case 3 engineering project (dimensions are approximate).

Photos and illustrations: (1) Cartoon of an engineer doing research; (2) DWPF-Defense Waste Processing Facility at the Savannah River Site; (3) Three Mile Island Nuclear Facility; (4) WIPP-defense nuclear waste repository; and (5-6) SLAC retaining wall around beam line (Stanford Linear Accelerator Center)

End of Proactive Engineering Page — Page 4 of 6   


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