ML19336A736

Response in Opposition to Jf Doherty Untimely Contention 50. Intervenor Failed to Establish Connection Between Design & Alleged Safety Concern of Coolant Circulation Degradation. Certificate of Svc Encl

ML19336A736
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	10/27/1980
From:	Copeland J, Newman J BAKER & BOTTS, HOUSTON LIGHTING & POWER CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-CP, NUDOCS 8010310048
Download: ML19336A736 (5)

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October 27, 1980 s

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UNITED STATES OF AMERICA , 7'/

NUCLEAR REGULATORY COMMISSION .y /

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of S S

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

COMPANY S S

(Allens Creek Nuclear S Generating Station, Unit S No. 1) S APPLICANT' S PESPONSE TO UNTIMELY CONTENTION NO. 50 FILED BY INTERVENOR JOHN F. DOHERTY Applicant files this response to the motion of John F. Doherty for admission into this proceeding of untimely filed Contention No. 50. For the reasons discussed below, Applicant urges the Board to deny admission of this contention.

Mr. Doherty refers briefly to the factors set forth in 10 C.F.R. S 2.714 (a) but has shown neither a " good cause" for filing this contention out of time, nor has he justified admission of the contention on the basis of the remaining four factors set forth in that portion of the Commission's reguletions.

Applicant believes that it is particularly important that Mr. Doherty be held to a strict interpretation of S 2.714 (a) at this point in this proceeding. Mr. Doherty has now filed twelve untimely contentions. In each instance he has done l

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nothing more than cite the recent appearance of documents dis-c'1ssing " safety" items as both the basis for his contention and justification for late filing. In the case of Contention No. 50, Mr'. Doherty refers to an Inspection and Enforcement bulletin (No. 80-07, April 4, 1980) which purportedly reports on " cracking in jet pump holders" at three operating BWRs.

The simple fact is, Mr. Doherty fails to even as-seil any connection between the ACNGS design and the alleged safety concern of " coolant circulation degradation." Clearly, a simple reference to an event at another facility does not provide a demonstrable nexus between the events reported in the I&E bulletin and the potential for unsafe operations at Allens Creek. This point is fundamental to S 2. 714 (a)--the reporting of an incident in an I&E bulletin does not auto-matically give rise to good cause for an untimely contention in the Allens Creek proceeding. Mr. Doherty must demonstrate some relationship between the reported incident and the design of Allens Creek. The Board should hold Mr. Doherty to this standard or face the possibility of an unlimited number of untimely contentions.

Having failed to establish good cause for his late filing, Intervenor carries a heavy burden on the remaining factors set forth in Section 2.714 (a) . Nuclear Fuel Services (West Valley Reprocessing Plant) , CLI-75-4, 1 NRC 273 (1975).

Intervenor has not shown that the remaining factors weigh in his favor. In particular, Intervenor fails to show how his )

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! participation in the hearing of this issue "may reasonably be I 1

expected to assist in developing a sound record." Mr. Doherty l

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is not an expert in this area and he has previously advised the Board that he has no witnesses to call on the thirty-six contentions he already has in the case. Absent a demonstra-tion by Mr. Doherty that he can provide substantive evi-dence on this issue the Board should certainly disregard Mr.

Doherty's representation that his participation will " assist in developing a sound record."

Fina'_ly, the time is long past when Mr. Doherty can claim that admission of a new contention will not delay these proceedings. Discovery has now ended on all contentions and a

the addition of another contention at this stage will undoubt-edly delay the hearing on the eighty or more issues already in this case. See Detroit Edison Company (Greenwood Energy Cente r) , ALAB-476, 7 NRC 759, 761-62 (1978).

For the reasons discussed above, the Board should dismiss Intervenor's Contention No. 50.

Respectfully submitted,

, 4/hk, Jack R. Newman Robert H. Culp David B. Raskin 1025 Connecticut Avenue, NW Washington, DC 20036 J. Gregory Copeland OF COUNSEL: C. Thomas Biddle Darrell Hancock LOWENSTEIN, NEWMAN, REIS, 3000 One Shell Plaza AXELRAD & TOLL Houston, Texas 77002 1025 Connecticut Avenue, NW Washington, DC 20036 ATTORNEYS FOR APPLICANT HOUSTON LIGHTING & POWER COMPANY BAKER & BOTTS 3000 One Shell Plaza Houston, Texas 77002

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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HOUSTON LIGHTING & POWER COMPANY ) Docket No. 50-466 ~

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(Allens Creek Nuclear Generating )

Station, Unit 1) )

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CERTIFICATE OF SERVICE I hereby certify that copies of Applicant's Response to Untimely Contention No. 50 Filed by Intervenor John F. Doherty, were served on the following by deposit in the United States mail, postage prepaid, or by hand delivery, this 27th day of October, 1980:

Sheldon J. Wolfe, Esq., Chairman Susan Plettman, Esq.

Atomic Safety and Licensing David Preister, Esq.

Board Panel State Attorney General's Office U.S. Nuclear Regulatory Commission p.O. Box 12548 Washington, DC 20555 Austin, Texas 78711 Dr. E. Leonard Cheatum Route 3, Box 350A Watkinsville, Georgia 30677 Hon. Charles J. Dusek Mayor, City of Wallis P. O. Box 312 Mr. Gustave A. Linenberger Wallis, Texas 77485 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Hon. Leroy H. Grebe Washington, DC 20555 County Judge, Austin County P.O. Box 99 Bellville, Texas 77418 Chase R. Stephens Docketing and Service Section Office of the Secretary of Atomic Safety and Licensing the Commission Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Atomic Safety and Licensing appeal Board U.S. Nuclear Regulatory Commission Washington, DC 20555 l

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James M. Scott, Jr.

' Richard Black, Esq. 13935 Ivy Mount U.S. Nuclear Regulatory Sugar Land, Texas 77478 Commission Washington, DC 20555 William Schuessler 5810 Darnell John F. Doherty Houston, Te:,as 77074 4327 Alconbury Street Houston, Texas 77021 Stephen A. Doggett, Esq.

- P. O. Box 592 Rosenberg, Texas 77471 Att: Clarence Johnson Bryan L. Baker Executive Director 1923 Hawthorne Box 237 U.S. Houston, Texas 77098 University of Houston Houston, Texas 7704 J. Morgan Bishop Margaret Bishop Carro Hinderstein 11418 Oak Spring 609 Fannin Street Houston, Texas 77043 Suite 521 Houston, Texas 77002 W. Matthew Perrenod 4070 Merrick D. Marrack Houston, Texas 77024 420 Mulberry Lane Bellaire, Texas 77401 Brenda McCorkle 6140 Darnell Houston, Texas 77074 F. H. Potthoff, III 7200 Shady Villa, #110 Houston, Texas 77080 Wayne E. Rentfro P. O. Box 1335 Rosenberg, Texas 77471 sf N