ML20234C083
| ML20234C083 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 12/31/1987 |
| From: | Frantz S FLORIDA POWER & LIGHT CO., NEWMAN & HOLTZINGER |
| To: | Cole R, Lazo R, Luebke E Atomic Safety and Licensing Board Panel |
| References | |
| CON-#188-5262 OLA-2, NUDOCS 8801060099 | |
| Download: ML20234C083 (5) | |
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8h07 ADMf77tD IN 04 Dr. Robert J.
Lazo, Chairman Dr. Richard F. Cole Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel U.S.
Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Dr. Emmeth A. Luebke 5500 Friendship Boulevard Apartment 1923N Chevy Chase, MD 20815 In the Matter of Florida Power & Light Company (Turkey Point Plant, Unit Nos. 3 and 4)
Docket Nos. 50-250, OLA-2 and 50-251, OLA-2 (Spent Fuel Pool Expansion)
Dear Members of the Board:
On October 19, 1987, Florida Power & Light Company ("FPL" or " Licensee") filed its Proposed Findings of Fact and Conclu-sions of Law in this proceeding.
Pursuant to the agreement of the parties, approved by the Board and described in Harold Reis' letter to you of November 20, 1987, the Interveners' Pro-posed Findings of Fact and Conclusions of Law were filed on December 11, 1987; those of the NRC Staff were filed on Decem-ber 24, 1987; and Licensee is entitled to file reply findings by this date.
This letter is intended to serve as such reply findings.
There are, of course, differences in emphasis and detail between the proposed findings and conclusions of the Licensee and the NRC Staff.
Nevertheless, they are in substantial agree-ment.
Licensee therefore does not consider it necessary to 8801060099 871231
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Dr. Robert J. Lazo-Dr. Emmeth A. Luebke Dr. Richard F. Cole l
December 31,.1987 i
Page Two j
reply to the Staff's pleading.
In addition, Licensee believes that its proposed findings and the NRC Staff's proposed findings adequately. address the issues raised in the Interveners' pro-posed findings.
Consequently, Licensee does not believe it to be necessary to burden the Board with extensive additional formal proposed findings of fact and conclusions of law.
In-stead, Licensee will refer in this letter to the principal argu-ments made by the Interveners and point out where those argu-ments are addressed in the proposed findings of the Licensee and the Staff.
Interveners make two arguments with respect to contention 5, which pertains to the potential for lift-off of a spent fuel pool storage rack that has storage locations that overhang the rack supports.
First, Interveners' proposed findings (para.
- 14) allege that FPL has a " pattern and practice of abusing the 50.59 provision."
As discussed in both the Licensee's proposed findings (para. 19) and the NRC Staff's proposed findings (paras.
27-28), the allegation is unfounded.
Interveners did not pre-sent any evidence supporting it, and no such evidence appears in the record of the proceeding.
Second, Interveners' proposed findings (pp. 6-8, 17, and 19) allege that the NRC Staff has not performed a timely, thorough or independent review of the potential for lift-off of the racks.
In part, the allegation that the Staff's review was untimely is predicated upon Inter-venors' unfounded allegation that FPL has a " pattern or practice of abusing the 50.59 provision."
In any case, as demonstrated in both the Licensee's proposed findings (para. 18) and the NRC Staff's proposed findings (paras. 24-28), the NRC Staff has performed a wholly adequate review of the potential for rack lift-off and has concluded that the amount of lift-off calculated by Licensee is acceptable.
Interveners make three arguments with respect to Contention 6, which pertains to potential degradation of certain materials in the spent fuel pool.
First, Interveners' proposed findings (pp. 9-12, 15, and 19) argue that FPL should be required to establish a surveillance program for the materials in the spent fuel pool because the Licensee's and NRC Staff's conclusions regarding the potential for degradation during long-term storage are based upon engineering judgment rather than actual "experi-ence in the field."
Both the Licensee's proposed findings (paras.
46-48, 56-59, 64-65, and 89-94) and the NRC Staff's proposed findings (paras. 58-63, 86-91, and 96) demonstrate that the use of engineering judgment in conjunction with existing empir-ical data is a sufficient basis for drawing conclusions on the potential for materials degradation, and that FPL already has a sufficient program for monitoring the materials in the spent fuel pool.
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NawxAw & HoLTztwozo, P. C.
Dr. Robert J.
Lazo Dr. Emmeth A.
Luebke Dr. Richard F. Cole December 31, 1987 I
Page Three l
l Second, Interveners' proposed findings (pp. 14-15, and
- 19) argue that the Licensee's testing has not demonstrated that there are no gaps smaller than 1.5 inches in the Boraflex at Turkey Point, and that the Turkey Point spent fuel pools will exceed the.95 K-effective limit if gaps of certain sizes (sub-stantially greater than 1.5 inches) develop.
As the Licensee's proposed findings (paras. 74-88) and the NRC Staff's proposed findings demonstrate (paras. 82-85 and 93-95), significant degra-dation of the Boraflex at Turkey Point is unlikely to occur; Turkey Point can accommodate gaps that are substantially greater than 1.5 inches and that are more severe than experienced at other plants without exceeding the.95 K-effective limit; and the boron in the spent fuel pool water will maintain the K-effec-tive of the spent fuel pools below.95 even if the Boraflex is postulated not to exist.
Third, Interveners argue (pp. 15 and 19) that the NRC Staff should be required to determine whether the Turkey Point spent fuel expansion amendments involve a "significant hazard."
As the NRC Staff states in its proposed findings (paras. 94-95),
there is no need to revisit the no significant hazards consider-ation determination for these amendments, since such determina-tions only affect the timing of potential hearings and the Inter-venors have already been afforded a hearing.
Based upon the above, Licensee respectfully submits that the Board should not adopt the proposed findings filed by Inter-venors but instead should issue an initial decision similar to that proposed by the Licensee.
Sincerely, dM
(
Steven P.
Frantz Newman & Holtzinger, P.C.
1615 L Street, N.W.
Washington, D.C.
20036 Norman A.
Coll Coll, Davidson, Carter, Smith, Salter & Barkett 3200 Miami Center 100 Chopin Plaza Miami, FL 33131 I
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COLKETED UbNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION E M ~4 BEFORE THE ATOMIC SAFETY AND LICENSING cBOARDy cat,u,
00 Chi iINu 4 MHVICI-BRAtlCH
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In the Matter of
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Docket Nos. 50-250 OLA-2
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50-251 OLA-2 FLORIDA POWER AND LIGHT COMPANY
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(Turkey, Point Plant,
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ASLBP No. 84-504-07 LA Units 3 and 4)
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(Spent Fuel Pool Expansion)
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the attached letter, dated December 31, 1987, from Steven P.
Frantz to the Members of the Licensing Board, were served on the following by deposit in the United States mail, first class, postage prepaid and properly addressed, on the date shown below.
Dr. Robert M. Lazo, Challman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Emmeth A. Luebke Atomic Safety and Licensing Board Panel 5500 Friendship Blvd., Apt. 1923N Chevy Chase, MD 20815 Dr. Richard F.
Cole Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Attention:
Chief, Docketing and Service Section (Original plus two copies)
2 Mitzi Young, Esq.
Office of Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Norman A. Coll, Esq.
Coll, Davidson, Carter, Smith, Salter & Barkett 3200 Miami Center 100 Chopin Plaza Miami, Florida 33131 Joette Lorion 7210 Red Road #208 Miami, Florida 33143 Dated this 31st day of December, 1987.
3 Steven P.
Fran'z t
Newman & Holtzinger, P.C.
1615 L Street, N.W.
Washington, D.C.
20036 Telephone:
(202) 955-6600 Counsel for Florida Power & Light company ll
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