ML19254D337

Response in Opposition to Jf Doherty Motion to Compel Production of Certain Documents.Requested Documents Are Not Related to Any Contention.Rept on GE Reactor Fuel Will Be Provided.W/Certificate of Svc

ML19254D337
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	09/18/1979
From:	Copeland J, Newman J BAKER & BOTTS, HOUSTON LIGHTING & POWER CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:
References
NUDOCS 7910250361
Download: ML19254D337 (5)

Text

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/j .A 'b ddeSQ mr UNITED STATES OF AMERICA

• q NUCLEAR REGULATORY COMMISSION Of cy 2 ' gf3 Yy .

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD to T*4("h .#$

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(b e . s o-In the Matter of S S

HOUSTON LIGHTING & POWER S COMPANY S Docket No. 50-466 S

(Allens Creek Nuclear S Generating Station, Unit S No. 1) S APPLICANT'S RESPONSE TO JOHN F. DOHERTY'S MOTION TO COMPEL DISCOVERY Applicant files this response to the motion of John F. Doherty (Intervenor) to compel Applicant to provide certain documents. These documents were requested by Mr.

Doherty on July 17, 1979, and Applicant objected to the production of these documents for the reasons stated in its response, filed on August 10, 1979. Mr. Doherty's motion to compel is deficient and should be denied in the aspects discussed below.

Mr. Doherty requests production of NEDO-20566, which is a document entitled " General Electric Company Analytical Model for Loss of Coolant Analysis in Accordance with 10 C.F.R. 50 Appendix K, Amendment No. 3, Effect of Steam Environment on BWR Core Spray Distributica" and deals solely with core spray distribution phenomena. Intervenor's claim of need for the document stems solely from the assertion that " knowing the orientation of core spray will acquaint 1208 003 791oe3o m

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intervenor of local effects and diffel ences in the core under LPCI operating conditions." The LPCI system, however, is in o way associated with the core spray provided by the High Pressure and Low Pressure Core Spray Systems and is not discussed in NEDO-20566. The LPCI system, a subsystem of the RHR system, merely pumps water directly into the core through piping entering the Reactor Vessel through nozzles (not spargers) completely separate in configuration and function from the core spray systems. [ Compare PSAR Sections 6.3.2.2.3 and 6.3.2.2.4.] Applicant submits that there is no connection between core spray and LPCI and Mr. Dcherty has made absolutely no showing of any relationship. Accordingly, this document is not related to any admitted contention and Mr. Doherty's motion should be denied as to NEDO-20566.

Applicant also objected to supplying NEDO-10329 on the grounds that it is not related to any admitted contention.

Intervenor claims that this document, entitled " Loss-of-Coolant Accident and Emergency Core Cooling Models for General Electric Boiling Water Reactors", is needed because

'LPCI is part of the ECCS , hence the LPCI is part of an ECCS model, and the contention does deal with LOCA. . . However, Intervenor's contention deals with the reactivity inserted by cold water injected by the LPCI system. The model described by NEDO-10329 is a therma.'.-hydraulic model and does not account for reactivity effects at all. Hence, there is no

, relationship between the admitted LPCI Contention and this 10,4 120-e  ;

NEDO. Consequently, Mr. Doherty's motion should be denied as to NEDO-10329. -

Applicant has reconsidered its position on the request for " Supplement No. 1 to the Technical Report on Densification of General Electric Reactor Fuel" and will make the document available.

Respectfully submitted, OF COUNSEL:

J. Gregory Copeland BAKER & BOTTS C. Thomas Biddle, Jr.

3000 One Shell Plaza Charles G. Thrash, Jr.

Houston, Texas 77002 3000 One Shell Plaza Houston, Texas 77002 LOWENSTEIN, NEWMAN, REIS, Jack R. Newman

'AXELRAD & TOLL Robert H. Culp 1025 Connecticut Avenue, N.W. 1025 Connecticut Avenue, N.W.

Washington, D.C. 20036 Washington, D.C.

ATTORNEYS FOR APPLICANT EOUSTON LIGHTING & POWER COMPANY 120E 005

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE ,NI; ATOMIC SAFETY AND LICENSING BOARD Ii the Matter of S S

HOUSTON LIGHTING & POWER COMPANY S Docket No. 50-466 S

(Allens Creek Nuclear Generating S Station, Unit 1) S CERTIFICATE OF SERVICE I hereby certify that capies of the foregoing Applicant's Response to John F. Doherty's Motion to Compel Discovery in the above-captioned proceeding were served on the following by deposit in the United States mail, postage prepaic, or by hand-delivery this 18th day of September, 1979.

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,iBox 350A Hon. LeRoy Valicek, Mayor Watkinsville, Georgia 30677 City of Wallis, Texas 77485 Mr. Gustave A. Linenberger Hon. LeRoy Grebe Atomic Safety and Licensing County Judge, Austin County Board Panel P. O. Box 767 U.S. Nuclear Regulatory Ccmmission Bellville, Texas 77481 Washington, D. C. 20555 Atcmic Safety and Licensing Mr. Chase R. Stephens Appeal Board Docketing and Service Section U.S. Nuclear Regulatory Office of the Secretary of the Commission Commissio" Washington, D. C. 20555 U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Atomic Safety and Licensing Board Panel R. Gordon Gooch, Esq. U.S. Nuclear Regulatory Baker & Botts Commission 1701 Pennsylvania Avenue, N. W. Washington, D. C. 20555 Washington, D. C. 20006 1208 106

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Steve Schinki, Esq. Mr. John F. Doherty Staff Counsel 4438 1/2 Leeland U. S. Nuclear Regulatory Commission Houston, Texas 77023 Washington, D. C. 20555 Mr. Carro Hinderstein Ms. Brenda McCorkle 8739 Link Terrace 5140 Darnell Houston, Texas 77025 Houston, Texas 77074 Mr. James M. Scott, Jr. Mr. and Mrs. R. S. Framson 8302 Albacore 4022 Waynesboro Drive Houston, Texas 77074 Houston, Texas 7;v25 Mr. D. Marrack Mr. H. Potthoff 420 Mulberry Lane 7200 Shady Villa, No. 110 Bellaire, Texas 77401 Houston, Texas 77055 Mr. Wayne E. Rentfro P. O. Box 1335 Rosenberg, Texas 77471 C. Thomas Biddle, Jr.

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