ML20133F720

Informs of No Intentions to Suppl Records for Phase II Hearings Re Util 850730 Supplemental Response to NRC Notice of Violation Concerning Issue B/D-1,adequacy of Ebasco Backfill Activities.Certificate of Svc Encl

ML20133F720
Person / Time
Site:	South Texas
Issue date:	10/08/1985
From:	Newman J HOUSTON LIGHTING & POWER CO., NEWMAN & HOLTZINGER
To:	Bechhoefer C, John Lamb, Shon F Atomic Safety and Licensing Board Panel
References
CON-#485-724 OL, NUDOCS 8510110203
Download: ML20133F720 (4)

Text

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nostars.'wMitt ROstet LowtNSTEIN NORM AN A. FLANING AM Charles Bechhoefer, Esq.

Chairman, Administrative Judge Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. James C. Lamb, III Administrative Judge 313 Woodhaven Road Chapel 11111, NC 27514 Mr. Frederick J. Shon Administrative J'1dge Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Ret ilouston Lighting & Power Co., et al.

South Texas Project, Units 1 & 2 Docket Nos. 50-498 OL, 50-499 OL

Dear Members of the Board:

The record of the Phase II hearings includes HL&P's July 30, 1985 supplemental response to an NRC notice of violation (83-24-02) pertaining to Issue B/D-1 (adequacy of Ebasco backfill activities). App. Exh. 67. That response supplemented IIL&P's initial response of March 23, 1984 in several areas, including identifying the existence and location of certain relative density test values that, when adjusted as described in the response, did not satisfy STP criteria. The initial response referred to 183 adjusted test values below 80% relative density, noted that four of those values were below 70%, and indicated that "none of these lower test values are from locations directly below structuren." The supplemental response made clear that six of the 183 values (each of which was between 70%

and 80% relative density) were from locations beneath plant structures, but that the backfill was still fully acceptable.

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NEWM AN & HOLTZINOEO, P. C.

Charles Bechhoefer, Esq.

Dr. James C. Lamb, III Mr. Frederick J. Shon Page Two October 8, 1985 The record before the Board with respect to the adequacy of the backfill is thus accurate.

When the supplemental response was introduced, the Bechtel witness explained that the failure to identify those six adjusted test values in the initial response appeared to have resulted from a plotting error (i.e.,

{ erasures) on a drawing used in preparation of that response.

Tr. 13647, 13668, 13722-23 (Lopez). In reviewing this matter since the hearing, however, Bechtel engineering personnel who were involved in the preparation of the initial response have indicated that they were not misled by the erasures on the drawing, that they do not believe that the initial response was in error, and that in the state-ment quoted above, they intended to refer only to the four adjusted values below 70%. They have also indicated that none of those four values are, in fact, beneath any struc-ture. In any event, HL&P understood the response it filed on March 23, 1984 to mean that none of the 183 adjusted test values were from locations directly below structures.

The locations of adjusted test values below STP criteria are accurately described in App. Exh. 67 and the record before the Board as to the adequacy of the backfill is t accurate. Accordingly, we do not believe that this additional information is material to any issue in this proceeding, and we do not intend to supplement the record in this regard.

t Respectfully submitted, f

J hd K 7/w R. Newman (

l L Street, N.W.

W hington, D.C. 20036 Finis E. Cowan

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3000 One Shell Plaza Dated: October 8, 1985 Houston, Texas 77002 NEWMAN & HOLTZINGER, P.C. ATTORNEYS FOR HOUSTON LIGHTING &

1615 L Street, N.W. POWER COMPANY, Project Manager of Washington, D.C. 20036 the South Texas Project acting herein on behalf of itself and BAKER & BOTTS the other Applicants, THE CITY OF 3000 One Shell Plaza SAN ANTONIO, TEXAS, acting by and Houston, Texas 77002 through the City Public Service Board of the City of San Antonio, CENTRAL POWER AND LIGHT COMPANY, and CITY OF AUSTIN, TEXAS

L UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD l

In the Matter of )

n )

\ HOUSTON LIGHTING & POWER ) Docket Nos. 50-498 OL COMPANY, ET AL. ) 50-499 OL

/ )

(South Texas Project, Units 1 )

and 2) )

CERTIFICATE OF SERVICE I hereby certify that a copy of Applicants' letter to the Board, dated October 8, 1985, has been served on the following individuals and entities by deposit in the United States mail, 1

first class, postage prepaid, on this 8th day of October, 1985.

Charles Bechhoefer, Esq. Brian Berwick, Esq.

Chairman, Administrative Judge Assistant Attorney General Atomic Safety and Licensing for the State of Texas Board Environmental Protection U. S. Nuclear Regulatory Commission Division Washington, D.C. 20555 P. O. Box 12548, Capitol Station Austin, TX 78711 Dr. James C. Lamb, III  !

Administrative Judge Kim Eastman, Co-coordinator 313 Woodha'ven Road Barbara A. Miller Chapel Hill, NC 27514 Pat Coy Citizens Concerned About Frederick J. Shon Nuclear Power Administrative Judge 5106 Casa Oro Atomic Safety and Licensing Board San Antonio, TX 78233 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Lanny Alan Sinkin 3022 Porter St., N.W., #304 Mrs. Peggy Buchorn Washington, D.C. 20008 Executive Director Citizens for Equitable Ray Goldstein, Esq.

Utilities, Inc. Gray, Allison & Becker Route 1, Box 1684 1001 Vaughn Building Brazoria, TX 77422 807 Brazos Austin, Texas 78701-2553

Oreste Russ Pirfo, Esq.

Robert G. Pe rli .3, Esq.

Office of the Executive Legal Director' U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Board j

U.S. Nuclear Regulatory Commission Washington, D.C. .20555 Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission

- Washington, D.C. -20555 f

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