ML19254E146

Response in Opposition to Jf Doherty Motion to Compel Production of Certain Documents Requested on 790717.Motion Is Deficient for Failure to State Relationship Between Contentions & Documents.Certificate of Svc Encl

ML19254E146
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	09/14/1979
From:	Biddle C, Newman J BAKER & BOTTS, HOUSTON LIGHTING & POWER CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 7910310150
Download: ML19254E146 (5)

Text

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4, NRC PUBLIC DOCMENT ROOM go UNITED STATES OF AMERICA p' NUCLEAR REGULATORY COMMISSION O -

t BEFORE THE ATOMIC SAFETY AND LICENSING EOARD 6 D -s 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 Applicanu 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 Mpdel 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 Distribution" 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 1235 289 1 5't0 7010310 C7

. . . _ . ... ~. --. - -

intervcnor of local effects and differences in the core under LPCI operating conditions." The LPCI system, however, is in no 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 inot spargerst 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. Doherty 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 thermal-hydraulic model and does not account for reactivity effects at all. Hence, there is no _

relationship between the ada.'.tted LPCI Contention and this 1235 290

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 HOUSTON LIGHTING & POWER COMPANY 1235 291

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. 50-466 ~

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 Motion to Compel Discovery in the above-captioned proceeding were served on the following by deposit in the United States mail, postage prepaid, or by hand-delivery this 1(lfA 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, Box 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 Commission Bellville, Texas 77481 Washington, D. C. 20555 Atomic-Safety and Licensing Mr. Chase R. Stephens Appeal Board Docketing and Service Section U.S. Nuclear Regulatory O.'fice of thb Secretary of the Commission Commission 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 -

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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 Ecuston, Texas 77074 Houston, Texas 77025 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 0 11u n s & W % .

C. Thomas Biddle, Jr. y O

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