ML19275A477

Response in Opposition to Jf Doherty Contention 40. Contention Is Untimely,Lacks Underlying Basis & Rests on Misreading of TMI-2 Data.Certificate of Svc Encl

ML19275A477
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	08/08/1979
From:	Biddle J, Newman J BAKER & BOTTS, HOUSTON LIGHTING & POWER CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:
References
NUDOCS 7910040509
Download: ML19275A477 (6)

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$N g NUCLEAR REGULATORY COMMISSION n.,o s BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of 5 6

HOUSTON LIGHTING & POWER COMPANY $ Docket No. 50-466 5

(Allens Creek Nuclear Generating S Station, Unit 1) S APPLICANT'S RESPONSE TO JOHN F. DOHERTY'S CONTENTION #40 Applicant files this response to the motion of John F. Doherty for admission into this proceeding of a nontimely contention relating to Part 100 doses. The conten-tion proceeds f .

m the statement that " actual release of radio-activity . :'om the Three Mile Island accident exceeded calculated releases for any accident considered credible by a factor of 22." The contention should be dismissed because:

1. It is untimely and fails to address the criteria set forth in 10 CFR $2,714'a) for such untimely filings;

2. It lacks any underlying basis since it is merely an extrapolation of data from a reactor of a radically different design; and,

3. It is based on a misreading of Three Mile Island 2 data.

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Without question, Mr. Doherty's contention #40 is filed out of time. He addresses none of the factors required to be reviewed under 10 CFR $2.714(a) for such filings. Mr.

Doherty's reference to the " Board Notice" may conceivably be regarded as an attempt to address the " good cause" require-ment of the regulations. But, for the reasons noted below, the " Board Notice" is entirely irrelevant to the ACNGS proceeding.

Further, the contention lacks any basis. Three Mile Island 2 is a Babcock and Wilcox precsurized water reactor. ACNGS is an advanced boiling uater reactor. There is not a word in Mr. Doherty's filin.; to raise even a suspicion that similarities exist between the reactor types. As one Licensing Board has stated in considering "TMI-2 issues" in a case involving a boiling water reactor, a petitioner must establish a threshold correlation to explain "how the specific experience during the Three Mile Island incident involving pressurized water reactors of Babcock and Wilcox manufacture, would be relevant to the present proceeding concerned with boiling water reactors of General Electric Manufacture."

Puget Sound Power & Light Company (Skagit Nuclear Power Projects Units 1 and 2), Order Denying SCANP's Motion and Providing for Informatica from Staff, slip op. at 2 (July ll, 1979).

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Finally, the entire contention rests on a misreading by intervenor of relevant Three Mile Island data. The

" Board Notice" referred to by the latervenor discusses the fact that as to one radioisotope (XE-133) there was a possible disparity between calculated and estimated release amounts.

Part 100 limits were never exceeded in the Three Mile Island 2 incident; in fact, off-site doses were very much below those limits. " Population Dose and Health Impact of the Accident at the Three Mile Island Nuclear Station," NUREG-0558 (May 10, 1979). Mr. Doherty's contention is thus a totally unjustified extrapolation from preliminary data about a single source term in the Three Mile Island 2 incident and has nothing to do with the question of compliance with 10 C.F.R. 100.

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For all the foregoing reasons, contention #40 should be dismissed.

Respect. fully submitted, D. Wlf J. Gregory Copeland h

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OF COUNSEL: C. Thomas Biddle, Jr.

Charles G. Thrash, Jr.

BAKER & BOTTS 3000 One Shell Plaza 3000 One Shell Plaza Houston, Texas 77002 Houston, Texas 77002 Jack R. Newman LOWENSTEIN, NEWMAN, REIS, Robert H. Culp AXELRAD & TOLL 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 TB:1:Q 1098 237

B 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 Contention #40 in the above-captioned proceeding were served on the fol-lowing by deposit in the United States m il, postage prepaid, or by hand delivery this Rh4t day of a ugf

, 1979.

I 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 arl 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 Pashington, 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 1998 238

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 NJ / /

C. Thomas Biddle, Jr. /

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