ML19260A009

Response to Jf Doherty Fifth Set of Interrogatories.Includes Assertion That Present Design of Facility Falls Under Lj Series Re Fuel classification,NEDO-20943,Table 2.Objects to All Other Interrogatories.W/Affidavit & Certificate of Svc

ML19260A009
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	09/17/1979
From:	Biddle C, Newman J BAKER & BOTTS, HOUSTON LIGHTING & POWER CO.
To:
References
NUDOCS 7910260284
Download: ML19260A009 (8)

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E MLIC DOCIBENT ROOM . ,/ udo . e. 'b UNITED STATES OF AMERICA ,,

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD g c-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)

APPLICANT 'S RESPONSE TO JOHN F. DOHERTY'S FIFTH SET CF INTERROGATORIES TO HOUSTON LIGHTING & POWER COMPANY In response to the interrogatories propounded by John F. Doherty, Houston Lighting & Power Company (Applicant) answers as follows:

INTERROGATORY NO. 1:

What is the calculated release of radioactive materials in gaseous effluents from ACNGS at the gland seal and mechanical vacuum pump for each radionuclide except those less than 1.0 ci/yr for Noble gases or less than 10-4 ci/yr for Iodine or less than 1% of total for radionuclide? (See pg. S .5-24, F 3FEIS . )

A. Has any gland seal release been included in " Mechanical vacuum pump" and

" Total" in Table S.5.10 of the FSFEIS?

B. Has applicant stated any other reason or taken any other position for justifying the releases listed on pg.

S.5-24 of the FSFEIS, other than they are within the Commission's limits?

ANSWER:

Applicant objects to this interrogatory in its entirety on the grounds that it is not related to any 1212 289

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admitted contention.

INTERROGATORY NO. 2:

Referring to 5.A2 of pg. A-3 of Containment Structure Design Report (EBASCO Corp. , Rev. 1), are the

" magnitudes of all design bases loads" known at this time?

A. List these loads and their magnitudes. -

B. List any loads not known and the reasons they have not been calculated as of 8/28/79.

C. Who is in charge of this aspect of containment design?

D. What qualifications does this person have to testify at the Construction License hearing on this aspect of construction?

ANSWER:

A.-D. Applicant objects to this interrogatory because it is vague and unspecific. The Allens -~~

Creek Containment Structures Design Report does not' ~

contain a page A-3 or a Section 5.A2. Further, the quote provided in this interrogatory cannot be

,found in the Containment Structures Design Report at all. Hence, without some clarification regarding which loads the Intervenor is asking about, Applicant cannot properly respond.

INTERROGATORY NO. 3:

In NEDO-10,173, on pg. 1-2, it states: "There is sufficient margin between the steady-state operating condition (operating limits) and the damage limit linear 5 eat generation rate to accommodate the hignest anticipated G.M. BWR reactor transient power without occurrence of fuel damages."

A. What are the principal experimental results for reaching this conclusion? (In answering, state the name of test reactors used and dates.)

B. What are the principal results relied on that do not use actual physical measurements in 1212 290

arriving at this conclusion?

C. Is Applicant aware of any programs evaluating codes used to reach this conclusion? If so, state the name of any such programs and indicate how Applicant will receive information relevant to its reliance on these codes and amend them to be in compliance with the latest information.

ANSWER:

A.-C. Applicant objects to this interrogatory on the grounds that the referenced portion of NEDO-10173 is not relevant to the ACNGS design. The fuel referred to in NEDO-10173 (dated May, 1970) is designed for operation at 17.5 to 18.5 kw/ft. The fuel for the Allens Creek plant is designed for operation at 13.4 kw/ft. Hence, the quoted statement is not related to any admitted contention and the follow-on questions need not be answered.

INTERROGATORY NO. 4:

Does Applicant plan to introduce evidence on this Intervenor's speech-making in Houston, as a result of questions it asked this Intervenor at a deposition-held earlier this year, at any prehearing conference or hearing in regard to ACNGS?

A. If so, what evidence will it introduce?

B. Who will introduce such evidence?

ANSWER:

Applicant objects to this question on the grounds that it is attempting to elicit the legal strategy of Applicant's counsel and is not designed to elicit information arguably related to admissable evidence.

INTERROGATORY NO. 5:

What questions will Applicant ask this Intervenor in regard to speech-making he has done in the past year with regard to nuclear power?

ANSWER:

See response to Interrogatory No. 4.

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INTERROGATORY NO. 6:

Referring to Table 2 of the NEDO-20943, what

" Fuel type" will ACNGS be fueled with on its first loading?

A. If this is not decided, so state.

B. On the second loading.

C. On the third loading.

D. If B. and C. are not decided, state that.

ANSWER:

A. The use of fuel type designations in Table 2 has been discontinued by General Electric. The present Allens Creek, fuel design, however, would fall under the L J series fuel classification as listed by this table.

B.,C.&D. The fuel type for the second and third fuel loading has not been decided.

INTERROGATORY NO. 7:

Does Applicant ~ keep the~ names ~of persons who attempt to Intervene confidential from HL&P office workers who work in the towns where intervenors come from, such as Rosenberg, Richmond or Simonton?

ANSWER: ,

Applicant objects to this interrogatory on the grounds that it is totally unrelated to any admitted contention.

Applicant would note, however, that it would be impossible to keep the identity of petitioners confidential when they have made an appearance in a public proceeding and entered their names in the public record.

INTERROGATORY NO. 8:

If the answer to above is "no", what is the policy of Applicant with regard to disseminating such information?

ANSWER:

See response to Interrogatory No. 7.

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Respectfully submitted, OF COUNSEL:

28 '

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

3000 One Shell Plaza Charles G. Tnrash, 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 O

C e

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STATE OF TEXAS S S~

COUNTY OF HARRIS S BEFORE ME , THE UNDERSIGNED AUTHORI'.'Y, on this day personally appeared Jon G. White, who upon his oath stated that he has answered the foregoing Houston Lighting & Power Company's Response to John F. Doherty's Fifth Set of Inter-rogatories to Houston Lighting & Power Company in his capacity as Supervising Engineer for Houston Lighting & Power Company, and all statements contained therein are true and correct to the best of his knowledge and belief.

. YL pn G. White SUBSCRIBED ANDJWORN TO BEFORE ME by the said Jon G. White on this the // day of September, 1979.

Y NpTARY 7UBLfC IN AND FOR l

HARRIS COUNTY, TEXAS i

XANETTE S. PATTEN Notary P. Dfic in and for Hards Cou as e c . nw. Y -t 1 1212 294

~

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

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

(Allens Creek Nuclear Generacing S Station, Unit 1) S CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Applicant's Response to John F. Doherty's Fifth Set of Interrogatories to Houston Lighting & Power Company in the above-captioned proceeding were served on the following by deposit in the United States mail, postage prepaid, or by hand-delivery this F7FA 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 306,7 City of Wallis, Texas 77435 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 Office of the 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 Gooca, Esq. U.S. Nuclear Regulatory Baker & Botts Commission 1701 Pennsylvania Avenue, N. W. Washington, D. C. 20555 Washington, D. C. 20006 1212 295

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. .ir . and Mrs . R. S . Framson 8302 Albacore 1022 Waynesboro Dr'.ve Houston, Texas 77074 Houston, Texas 77025 4r . D . Marrack Mr. H. Potthoff 420 Mulberry Lane 7200 Shady Villa, Nc. 110 Bellaire, Texas 77401 Houston, Texas 77055 Mr. Wayne E. Rentfro P. O. Box 1335 Rosenberg, Texas 77471

{.Thomas Biddle, 2.J Jr.

C. /'

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