ML20137U830

Memorandum & Order Permitting Withdrawal of Citizens Concerned About Nuclear Power,Inc,860117 Contention 3 Re Overpressurization of Westinghouse Reactors.Served on 860218

ML20137U830
Person / Time
Site:	South Texas
Issue date:	02/14/1986
From:	Bechhoefer C Atomic Safety and Licensing Board Panel
To:
References
CON-#186-097, CON-#186-97 79-421-07-OL, 79-421-7-OL, LBP-86-5, OL, NUDOCS 8602190347
Download: ML20137U830 (3)

Text

s, LBP-86-5 UNITED STATES OF AMELiCA ET NUCLEAR REGULATORY COMMISSION D0yg u C ATOMIC SAFETY AND LICENSING BOARD

'86 FEB 14 PS :30 Before Administrative Judges Charles Bechhoefer, Dr. James C. Lamb Chainnan [0CkSdI' v#9b Frederick J. Shon BRANCH agNED FEB 181986 In the Matter of Docket Nos. STN 50-498 OL

) STN 50-499 OL HOUSTON LIGHTING AND )

POWER COMPANY, ET AL. ) ASLBP No. 79-421-07 OL

)

(South Texas Project )

Units 1 and 2) ) February 14, 1986

)

McMORANDUM AND ORDER (Permitting Withdrawal of CCANP Contention 3)

On January 17, 1986, CCANP, the intervenor in this operating license proceeding, f' led a motion to withdraw its Contention 3. That contention concerned overpressurization of Westir.ghouse reactors (such as those used at the-South Texas Project). The .",pplicants support the withdrawal motion and the Staff offers no objection.

When the contention was originally accepted, in 1979, overpressurization of Westinghouse reactors represented an unresolved generic safety issue. At the same time, we pointed to a new report on this subject (NUREG-0224), to which no party or petitioner had drawn our attention, which purported to resolve the generic issue. LBP-79-10, 9 NRC 439, 449-51 (1979). In their response to the withdrawal motion, the Applicants advise that, as stated in NUREG-0224, Task Action Plan (TAP) 8602190347 860214 PDR 0 ADOCK 05000498 PDR SGZ

2 A-26 was designed to develop acceptance criteria for overpressurization protection systems for low temperature events, and was completed by the.

Staff's adoption of Branch Technical Position (BTP) RSB 5-2, "0verpressurization Protection of Pressurized Water Reactors While Operating at Low Temperatures." In NRC's " Unresolved Safety Issues Summary" (NUREG-0606, August 16,1985, at p. 8), the overpressurization issue (A-26) is included among the generic issues for which technical resolution is complete. The Applicants further advise that BTP RSB 5-2 has been incorporated into the NRC Standard Review Plan (NUREG-0800, Rev. 0 (July 1981), at p. 5.2.2-7) and that STP is committed to comply with BTP RSB 5-2.

We have examined BTP RSB 5-2, as incorporated into the Standard 4

Review Plan; and, while not exploring its substance in any detail, we find that it represents a " plausible" met' lod for resolving the overpressurization problem. See Virginia Electric and Power Co. (North Anna Nuclear Power Station, Units 1 and 2), ALAB-491, 8 NRC 245, 248-49

n. 7 (1978); Louisiana Power and Light Co. (Waterford Steam Electric Station, Unit 3), ALAB-732,17 C 1076,1110-13 (1983); Pennsylvania Power and Light Co. (Susquehanna Steam Electric Station, Units 1 and 2),

LBP-79-6, 9 NRC 291, 311 (1979). Since the Applicants have committed to follow that methodology, we find no basis for further exploration of whether additional limitations on operation of STP to account for overpressurization should be imposed. We accordingly grant CCANP's motion to withdraw Contention 3 and dismiss that contention.

\

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IT IS SO ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD on 1o,3 be bu Y '

C1arles Bechhoefer, Chaf n ADMINISTRATIVE JUDGE Dated at Bethesda, Maryland this 14th day of February,1986 f

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