ML19208C860

Response in Opposition to Jf Doherty 790731 Amended Contentions 28,34 & 38.Contention 28,re Inadequacy of PSAR, Is Wrong in Premises.Contention 23,re Economic Interests,Is Speculative.Contention 38 Is Vague.Certificate of Svc Encl

ML19208C860
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	08/15/1979
From:	Biddle C, Newman J BAKER & BOTTS, HOUSTON LIGHTING & POWER CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:	Doherty J AFFILIATION NOT ASSIGNED
References
NUDOCS 7909270581
Download: ML19208C860 (6)

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NUCLEAR REGULATORY COTIMISSION y g I CF BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of S S

HOUSTON LIGHTING & S POWER COMPANY S S Docket No. 50-466 (Allens Creek Nuclear S Generating Station, S Unit 1)

APPLICANT'S RESPONSE TO JOHN F. DOHERTY'S.

AMENDED CONTENTIONS 28, 34 & 38 Houston Lighting & Power Company (Applicant) ttreby submits the following individual responses to the supplemental pleading filed by John F. Doherty (Intervenor) on July 31, 1979.

_ Amended Contention No. 28 Mr. Doherty contends that the "PSAR is inadequate because it does not consider and calculate the consequences of a control rod ejection accident . . . where the control rod system breaks loose from the reactor vessel where it joins."

However, the Allens Creek PSAR Section 4.2.3.2.3.1 analyzes precisely this event and concludes: "In all cases the sub-sequent withdrawal speeds are less than those assumed in the rod drop accident analysis as discussed in Chapter 15, 'Acci-dent Analyses'. Therefore, the physical and radiological 7 9 0 9 2 7 0 FS/ /

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consequences of such rod withdrawals are less than those analyzed in the rod drop accident." (PSAR p. 4.2-48, 48a)

Hence, Intervenor's amended contention is wrong in its premises and should be dismissed.

Amended Contention No. 34 Mr. Doherty previously claimed that his " economic interests" would be injured because the General Electric division supplying the nuclear steam supply system for ACNGS "will be going out of business." He now says his " health and safety interests" will be injured if his conjecture materalizes. Although Mr. Doherty has conveniently changed the nature of the injury alleged, the contention remains totally speculative and should be dismissed.

Amended Contention No. 38 In this amendment Mr. Doherty states that the Applicant's RHR system does not meet General Design Cri-teria 19 and 34, but that his concern would be remedied if the Applicant were " required to meet the requirements stated in NUREG-0152 1! on page 5-21." There is no issue in controversy 1/ NUREG-0152 and Appendix A to NUREG-0190 are the same document, " Safety Evaluation Report by the Oftice of Nuclear Reactor Regulation in the matter of the General Electric Company Standard Safety Analysis Report GESSAR-238 NSSS,"

March 1977.

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. 'n since the Applicant's design does meet the requirements stated in NUREG-0152 on page 5-21. This is clearly indicated in Supplement No. 2 to the Allens Creek Safety Evaluation Report, Section 5.4.S. The matter is, accordingly, moot and contention No. 38 as amended should be rejected for lack of basis.

Intervenor's purported amendment labeled 38c marks the second attempt by Mr. Doherty to establish an issue dealing with some unspecified RHR system interaction.

Because no clue identifying the alleged " unnecessary and hazardous system intraction (sic) possibility" is provided2/

2/ Intervenor's reference to Task A-17, described in NUREG-510, Task A-17 is a study to confirm the adequacy of Is not helpful.

current Staff review procedures in determining the interaction between various plant systems (pages A-12 thru A-13, B-4 of NUREG-510) and does not focus on the " interaction" vaguely hypothesized by Intervenor.

b

's the " contention" remains obscure and should be. rejected as vague and without basis.

Respectfully submitted, OF COUNSEL:

BAKER & BOTTS 3000 One Shell Plaza J.

[. b23 b Gregory Copelahd 6/

Houston, Texas 77002 Charles G. Thrash C. Thomas Biddle, Jr.

3000 One Shell Plaza Houston, Texas 77002 LOWENSTEIN, .NEhti." REIS, J. R. Newman AXELRAD & TOLL Harold F. Reis 1025 Connecticut Ave., N.W. Robert H. Culp Washington, D.C. 20036 1025 Connecticut Ave., N.W.

Washington, D.C. 20036 Attorneys for Applicant HOUSTON LIGHTING & POWER COMPANY

_y_ 1043 182

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of S S

HOUSTON LIGHTING & POWER COMPANY S Docket No. 50466 S

(Allens Creek Nuclear Generating S Station, Unit 1) S CFRTIFICATE OF SERVICE I hereby certify that copies of the foregoing Applicant's Response to John F. Doherty's Amended Contentions 28, 34 & 38 in the above-captioned proceeding were served on the following by deposit in the United States maiJ, postage prepaid, or by hand delivery this f 6fL day of W4 ust ,

1979. ss Sheldon J. Wolfe, Esq., Chairman Richard Lowerre, Esq.

Atomic Safety and Licensing Assistant Attorney General Board Panel for the State of Texas U.S. Nuclear Regulatory Commission P. O. Box 12548 Washington, D. C. 20555 Capitol Station Austin, Texas 78711 Dr. E. Leonard Cheatum Route 3, Box 350A Hon. Charles J. Dusek Watkinsville, Georgia 30677 Mayor, City of Wallis P. O. Box 312 Mr. Gustave A. Linenberger Wallis, Texas 77485 Atomic Safety and Licensing Board Panel Hon. Leroy H. Grebe U.S. Nuclear Regulatory Commission County Judge, Austin County Washington, D. C. 20555 P. O. Box 99 Bellville, Texas 77418 Chase R. Stephens Docketing and Service Section Atomic Safety and Licensing Office of the Secretary of the Appeal Board Commission U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D. C. 20555 Washington, D. C. 20555 R. Gordon Gooch, Esq. Atomic Safety and Licensing Baker & Botts Board Panel 1701 Pennsylvania Avenue, N. W. U.S. Nuclear Regulatory Washington, D. C. 20006 Commission Washington, D. C. 20555 1043 183

.4. 1 Steve Schinki, Esq.

Staff Counsel U. S. Nuclear Regulatory Commission Washington, D. C. 20555 John F. Doherty 4438 1/2 Leeland Houston, Texas 77023 Madeline Bass Framson 4822 Waynesboro Drive Houston, Texas 77035 Robert S. Framson 4822 Waynesboro Drive Houston, Texas 57035 Carro Hinderstein 8739 Link Terrace Houston, Texas 77025 D. Marrack 420 Mulberry Lane Bellaire, Texas 77401 Brenda McCorkle 6140 Darnell Houston, Texas 77074 F. H. Potthoff, III 1814 Pine Village Houston, Texas 77080 Wayne E. Rentfro P. O. Box 1335 Rosenberg, Texas 77471 James M. Scott, Jr.

8302 Albacore Houston, Texas 77074 l

C. Thomas Biddle, Jr. V 1043 184