ML19305B679
| ML19305B679 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 03/13/1980 |
| From: | Linenberger G, Wolfe S Atomic Safety and Licensing Board Panel |
| To: | Doherty J DOHERTY, J.F. |
| References | |
| NUDOCS 8003200068 | |
| Download: ML19305B679 (8) | |
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UNITED STATES OF AMERICA (b
NUCLEM REGULATORY COMMISSION ce;q DC THE ATOMIC SAFETY AND LICENSING BOARD p.
SOS h Sheldon J. Wolfe, Esquire, Chairman 5
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Gustave A. Linenberger, Jr., Member
- E,q[~ My Dr. E. Leonard Cheatum, Member C
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In the Matter of
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HOUSTON LIGHTING AND POWER COMPANY
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Docket No. 50-466 CP
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(Allens Creek Nuclear Generating
)
Station, Unit 1)
)
ORDER (March 13,1980)
On December 3, 1979, John F. Doherty, an intervening party, filed in
' effec,t a Motion For Leave To File Out-of-Time Contention 45. Applicant and staff respectively responded on December 18, 1979 and December 20, 1979.
On January 8,1980, Mr. Doherty filed in effect a Motion For Leave To File Out-of-Time Contention 46. Applicant and Staff respectively responded on January 23 and January 28, 1980.
In an Order dated January 30, 1980, the Board notified Mr. Doherty that, if he so desired, he could file replies to the aforementioned responses by no later than February 19, 1980. Mr. Doherty did not file replies.
Re:
Contention 45 Only Applicant opposed the instant motion on the ground of untimeliness.
However, the Intervenor has shown good cause for failure to file on time in that the document relied upon as the basis for his contention, NUREG/CR-1018, was not published until September 1979 and was not available to him until October 24, 1979.
There are no other available means to protect his interest, his participation is reasonably expected to assist in developing a sound record, the subject matter of this proposed contention has not been raised pzaviously before this Board, and, 80 03 20006$
l at this stage, his participation will not delay the proceeding. Accordingly, since the five factors set forth in 10 C.F.R. 2.714 have been satisfied, the instant motion is granted. We proceed to consider the admissibility of Conten-tion 45 as an issua in controversy.
Intervenor asserts, in effect, that the ACNGS core design is deficient with respect to fuel assembly support criteria for lateral forces associated with blowdown during a LOCA transient, when coupled with forces imposed by a safe shutdown earthquake.
He cites as basis for this contention the document NUREG/CR-1018, " Review of LWR Fuel System Mechanical Response With Recomendations for Component Acceptance Criteria", and propcses a specific choice of factors for use ;in increasing the conservatism of the lateral support strength for ACNGS fuel assemblies.
Applicant's response faulted the contention on two counts:
The cited report deals principally with PWR fuel assemblies which are mechanically supported and constrained in a significantly different manner than BWR (ACNGS) fuel assemblies;
- The report explains that well defined conserva-tive analysis techniques exist for BWR fuel assemblies which cbviate the need for an additional margin of lateral support strength, which techniques, Applicant documents, have been approved specifically by Staff for use with the ACNGS design; The Staff advances similar technical arguments in opposing the admission of this contention.
In addition, the Staff has attached as enclosures to its response a copy of its evaluation of the NSSS vendor's analysis techniques for BWR fuel and a copy of Staff's letter to Applicant's nuclear system vendor approv-ing the analStical approach that was used.
Having, ourselves, reviewed NUREG/CR-1018, we might at first impression conclude that the technical oppositions of Applicant and Staff vitiate Intervenor's
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.g busis for this contention.
To do so would involve our reaching, at least in part, the merits of this contention, which we decline to do.
However, the above-mentioned enclosures to Staff's response provide a relevant insight worthy of note.
The Staff Evaluation Report (second enclosure) on "BWR/6 Fuel Assenbly Evaluation of Combined Safe Shutdown (SSE) and Loss-of-Coolant Accident (LOCA)
Loadings" by the Staff's Core Performance Branch, April,1979, contains the following paragraph in its
Introduction:
"We find the analytical methods in the GE topical report to be acceptable. However, generic fuel assembly design limits were not accepted because we have not yet completed developing acceptance criteria for the design limits.
Furthermore, the seismic and blowdown loads were not re-viewed at present and must be considered on a plant-by-plant' basis."
This same disclaimer was repeated in Staff's above-mentioned letter (first enclosure) to Applicant's NSSS vendor (May 17, 1979 letter from 0. D. Parr to Dr. G. G. Sherwood.) That Intervenor failed to call this disclaimer to our attention (if indeed he had access to this material) does not detract from the fact that it represents a situation that would cause reasonable minds to inquire further.
For there appears to be nothing before us nor, apparently, before Intervenor to indicate whether the approved methodology has been applied to the ACNGS core design and with what results relative to the recommended acceptance criteria of NUREG/CR-1018. Without such results, we view Intervenor's specific recommended strength improvement factors to be presumptive, but we deem his concern to be worthy of consideration.
Mr. Doherty's Contention 45 is reworded and admitted as follows:
Intervenor contends that the lateral support of the ACNGS reactor core is not sufficient to with-stand lateral seismic forces combined with the laterial blowdown force that arises simultaneously during a LOCA transient.
. Re:
Contention 46 Only Applicant opposed the instant motion on the ground of untimeliness, but it noted that an ACRS report, NUREG-0572, relied upon by the Intervenor a basis for his concern, is a "recent" document, issued in the fall of 1979. The Staff comments that the contention involves new information appearing in a p viously unavailable document.
Je conclude that good cause for failure to file on time has been established, and, as discussed above with relation to Conten-mion 45, since the five factors in 5 2.714 have been satisfied, the instant motion is granted.
We now address the admissibility of the contention.
Intervenor contends that control rods capable of causing a five second pariod in the ACNGS reactor when withdrawn one notch could, if uncoupled from b
drive mechanism and stuck in place, by subsequently falling several notche rise to a significantly shorter period, resulting in fuel damage. Intervenor identifies certain reactor conditions (e.g., high xenon concentration) prere to such a short period response and cites a report (NUREG-0572) recently av to himself wherein the ACRS expressed concern about the seriousness of such event.
This same report is said to indicate that several rod separation events have occurred.
' plicant's response is addressed orly to the question of timely filing of the contention.
Staff's response found the contention to be acceptable, both f
as to bases and timeliness.
The Board finds that satisfactory bases for the i
- i contention have been provided. Accordingly, it is admitted.
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Discovery upon Doherty admitted Contentions 45 and 46 shall be initiated immediately ano be completed within one hundred twenty days after the servic our previous Order dated March 10, 1980.
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e 4 Dr. Cheatum concurs but was unavailable to sign the instant Order.
THE ATOMIC SAFETY AND LICENSING BOARD thA],
M Sheldon J. W&lfe, Esquire Chairman As. -
stave A. Linenkdiyer, Jr.
Member Dated at Bethesda, Maryland thjp 13 th day of March,1980.
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UNITED STATES OF AMERICA 3.[.
NUCLEAR REGULATORY COMMISSION
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In the Matter of
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-e=3 EOUSTON LIGHTING AND POWER
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Docket No. (s) 50-466 COMPANY
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(Allens Creek Nuclear Generating )
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!@i hih.i5 CERTIFICATE OF SERVICE
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- p-I hereby certify that I have this day served the foregoing document (s) gtidi-i upon each person designated on the official service list compiled by
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the Office of the Secretary of the Cor=ission in this proceeding in accordance with the requirements of Section 2.712 of 10 CFR Part 2-in~='n:
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Rules of Practice, of the Nuclear Regulatory Com:nission's Rules and Regulations.
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UNITED STATES OF AMERICA C3. EAR Pl3rLATORY COSIISSION 4
_n the Matter of
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HOUST03 LIGHTING AND P0"El
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Docket No. (s)52-466 CCUPANY
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(A11cas Creek Nuclear Generating )
Station, Unit 1)
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S5tVICE LIST Sheldon J.
Wolfe, Esq., Chairman Robert Lovenstein, Esq.
Atomic Safety and Licensing Board Lowenstein, Reis, Newman, U.S.
Nt. lear, Regulatory commission Axelrad and Toll Tashington, D.C.
20555 1025 Connecticut Avenue, H. 'J.
"ashington, D.C.
20037
- 1r. Gustave A.
Linenberger Atomic Safety an'd Licensing Board J.
Gregory Copeland, Esq.
J U.S.
Nuclear Regulatory Commission Baker and Sotts Washington, D.C.
20555 One Shell Plaza Ecuston, Texas 77002 Dr.
E.
Leonard Cheatum Route 3, Box 353A Houston Lighting & Power Company
'Ja tkin s ville, Georgia 30G77 ATTU:
Mr.
E.
A.
Turner Vice President i
Alan S.
Rosenthal, Esq., Chairmen P.O.
Eox 170C Ato=ic Safety and Licensing Appeal Houston, Texas 77001 board U.S.
Muclea: Regulatory Commission Richard Lowerre, Esq.
L'a s h in g t o n,
D.C.
20535 Assistant Attorney General P.O.
Box 12540, Capitol Station Dr. John H.
Luck Austin, Texas 73711 Atomic Safety and Licensing speal Board James Scott, Jr.,
Esq.
U.S...uclear Regulatory Commission S302 Albacore Washington, D.C.
20535 Houston, Texas Michael C.
Farrar, Esq.
Ms. Brenda A.
McCorkle Atomic Safety and Licensing Appeal 6140 Darnell Board Houston, Texas 77074 U.S.
Nuclear Regulatory Commission Washington,,D.C. -20555 Carro Einderstein 3739 Link Terrace Counsel for NRC Staff Houston, Texas 77025 Office of the Executive Legal Director Mr. Wayne E.
Rentfro U.S. Nuclear Regulatory Commission P.O.
Box 1335 Washington, D.C.
20555 Rosenberg, Texas 77471 i
,4 Board and parties continued:
50-466 Mr. John F.
Doherty Mr. W. Matthew Perrenod Armadillo Coalition of Texas, 4070 Merrick Houston Chapter Houston, Texas 77025 4327 Alconbury' Street Houston, Texas 77021
- Mr. James R. Piepmeier
'618 West Drev.
Mr.
F.H.
Potthoff, III Houston, Texas 77006 7200 Shady Villa #110 Houston, Texas 77055
~Mr. Ron Waters
.3620 Washington #362 M :. Robert S.
Framson
. Houston, Texas 77007 Ms. Madeline Bass Framson 4822'Waynesboro Drive
~
Houston, Texas 77035 Dr. David Marrack 420 Mulberry Lane Stephen A.
Doggett, Esq.
Bellaire, Texas 77401 Pollan, Nicholson and Doggett P.O.
Box 57 Mr. Wi..liam J.
Schuessler Richmond, Texas 77469 f
5810 Parnell Houscon, Texas 77074 Ms. Robin Griffith 1034 Sally Ann J.
Morgan Bishop Rosenberg, Texas 77471 11418 Oak Spring Houston, Texas 77043 Ms. Carolina Conn 1414 Scen1. Ridge Mr. Glen Van Slyke Houston, Texas 77043 1739 Marshall Houston, Texas 77098 Ms. Elinore P.
Cumings 926 Horace Mann Ms. Margaret Bishop Rosenberg, Texas 77471 11418 Oak Spring Houston, Texas 77043 Ms. Leotis Johnston 1407 Scenic-Ridge Houston, Texas 77043 Ms. Rosemary N.
Lemmer 11423 Oak Spring Mr. Bryan L.
Baker Houston, Texas 77043 1118 Montrose Houston, Texas 77019 Mrs. Connie Wilson 11427 Oak Spring 11r. Charles Perez Houston, Texas 77043 1014 Montrose Boulevard Houst<n, Texas 77019 i
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