ML19253A699

Motion Oppostition to Jf Doherty Addl Contention 39 Re Fuel Rod Ballooning.Contention Is Not Sufficiently Specific & Untimely Filing Is Not Justified.Certificate of Svc Encl

ML19253A699
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	07/26/1979
From:	Copeland J, Newman J BAKER & BOTTS, HOUSTON LIGHTING & POWER CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:
References
NUDOCS 7909110023
Download: ML19253A699 (6)

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NUCLEAR REGULATORY COMMISSION \ t8/'

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of 6 S

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

APPLICANT'S RESPONSE TO JOHN F. DOHERTY'S ADDITIONAL CONTENTION #39 Applicant files this response to the motion of Intervenor John F. Doherty for admission into thic proceed-ing of an untimely contention relating to fuel rod balloon-ing. For the reasons set out below, the motion should be denied.

First, Mr. Doherty has failed to comply with the Commission's regulations which require that the " bases" for a contention be set forth with " reasonable specificity."

10 C.F.R. 5 2.714(b). Mr. Doherty cites as the basis for his assertion that fuel rod ballooning will cause core melting at ACNGS, the NRC Staff's report on long term cooling of the Three Mile Island Unit 2 (NUREG-0557). Reliance on that document is misplaced for the reasans which follow.

817002 7 9 09110 OR 3 S

NUREG-0557 is the Staff's tentative assessment of the TMI-2 core geometry based upon the data available as of April 13, 1979. The one single statement in the entire text that is relevant to Mr. Doherty's contention is the statement that "[t]he cladding for many or all fuel elements may have ballooned and ruptured early in tl.e accident". (p. 2-1, emphasis added). However, this consequence of a loss-of-coolant accident has long been predicted and, in fact, is incorporated in the Commission's ECCS criteria. 10 C.F.R. 50, Appendix K, Section I.B " Swelling and Rupture of the Cladding and Fuel Rod Thermal Farameters." This one state-ment in NUREG-0557 does not in any way cast doubt on the adequacy of the consideration given to the possibility of fuel rod ballooning in the provisions of Appendix K. In order for Mr. Doherty's contention to be admissible, it would have to challenge Applicant's compliance with the Appendix K criteria with respect to fuel rod ballooning. It fails to do so and, accordingly, should be dismissed.

Secondly, even assuming that some amount of fuel rod ballooning did occur at the Three Mile Island facility, Mr. Doherty does not identify nor describe any similarities in core design or anticipated LOCA sequences shared by TMI-2 33'i303 and ACNGS. Thus, he fails to provide any basis for a conten-tion that an occurrence at TMI-2 (a pressurized water reactor) would or could happen at ACNGS (a boiling water reactor).

Finally, Mr. Doherty's contention is untimely filed without an adequate showing of good cause as required by 10 C.F.R. S 2.714(a). Mr. Doherty admits that the phenomenon of fuel rod ballooning was discussed as early as January 1972 (see his Exhibit A) and the~refore could have been raised during the period provided by the Board in its April ll, 1979, Memorandum and Order. Mr. Doherty's sole excuse for belatedly raising this issue is the May 1979, publication of NUREG-0557.

However, as we have disc 2ssed above, NUREG-0557 provides no basis to support Mr. Doherty's contention and therefore cannot be relied upon as justification for failing to file the con-tention on a timely uasis.

i A petitioner has a heavy burden in justifying an untimely filing when he has failed to establish " good cause."

Nuclear Fuel Services , Inc. (West Valley Reprocessing Plant)

CLI-74-4, 1 NRC 273 (1975). Mr. Doherty has not carried this burden with his brief discussion of the other factors set N 'N

forth in s 2.714(a). Accordingly, the Board should dismiss this contention as untimely filed.

Respectfully submitted, C Amu ki&,k V OF COUNSEL: J. Gregory Copeland C. Thomas Biddle, Jr.

BAKER & BOTTS Charles G. Thrash, Jr.

3000 One Shell Plaza 3000 One Shell Plaza Houston, Texas 77002 Houston, Texas 77002 LOWENSTEIN, NEWMAN, REIS, Jack R. Newman AXELRAD & TOLL Robert H. Culp 1025 Connecticut Ave., N.W. 1025 Connecticut Ave., N.W.

Washington, D.C. 20036 Washington, D.C. 20036 ATTORNEYS FOR APPLICANT HOUSTON LIGHTING & POWER COMPANY CTB:01:G 337305 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 CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Applicant's Response to John F. Doherty's Additional Con-tention #39 in the above-captioned proceeding were served on the following by deposit in the United States mail, postage prepaid, or by hand delivery this 26tk__ day of < lulu ,

1979.

~f 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 Chaatum Route 3, Bcx 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. ?0555 33730G

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 77035 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 e IS ]

C. Thomas Biddle, Jr.

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