ML20247B653

Advises That Intervenors,Ctr for Nuclear Responsibility & J Lorion Have Advised Franz,Counsel for Licensee & P Jehle,Counsel for Nrc,That Contention 3 Withdrawn.Concerns Re Critical Welds Remain Unresolved

ML20247B653
Person / Time
Site:	Turkey Point
Issue date:	09/08/1989
From:	Lorion J CENTER FOR NUCLEAR RESPONSIBILITY, LORION, J.
To:	Bright G, Cotter P, Harbour J Atomic Safety and Licensing Board Panel
References
CON-#389-9154 OLA-4, NUDOCS 8909130097
Download: ML20247B653 (2)

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'Dr. Paul' Cotter, Jr. Chairperson Glenn O. Bright Atomic Safety and Licensing Board Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Board Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Jerry Harbour .

Washington, D.C. 20555-Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 In the Matter of FLORIDA POWER AND LIGHT' COMPANY (Turkey Point Plant, Units 3 and 4)

Docket Nos.- 50-250, 50-251 OLA-4 (P/T Limits)

Dear Judges,

Please be advised that Interveners, the Center for Nuclear Responsibility and Joctte Lorion,.have advised Steven Franz, Counsel for the Licensee, and Patricia Jehle, Counsel for the NRC Staff, that they will no longer be-litigating Contention-3

.in the above captioned proceeding.

Interveners, having met with Counsel for the Licensee in August 1989, and having been apprised by their technical experts that a cooper content of .26 percent was not used in calculating the RTNDT and revising the Pressure / Temperature limits for the Turkey Point units, and having been informed that no copper content percentage was used to set the P/T limits, see no point in continuing to litigate this content' ion. Especially in light of the fact that the Board has limited'this contention to the narrow issue of whether or not the correct copper content was used to calculate the RTNDT and revise the P/T limits.

B909130097 890900 PDR ADDCK 05000250 0 PDR 35 O

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l Atomic' Safety and Licensing Board ,

September.8,.1989.

-Page 2

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Interveners were somewhat surprised that at no point in this' proceeding, either in the legal pleadings or at Oral' Argument, did any of the partiesinfang either the1 Board or Interveners that the' Licensee had not used the' copper content of the veld material to calculate RTNDT and' revise the P/T limits. Interveners were basing their belief that a .26 percent of copper was used in the calculations on the Staff's Safety Evaluation and the Licensee's amendment request, both which listed the critical weld material as having-.26 copper.

Interveners do not want the Board or the parties to construe their withdravel of Contention 3 as agreement with the Staff and Licensee that their use of a chemistry factor and Revision 2 of Regulatory Guide 1.99 is conservative. In fact, Interveners continue to contend that the P/T limits established by the-Licensee and agreed to by the NRC Staff are non-conservative and underestimate the irradiation damage to the Turkey Point Unit 3 and 4 reactor pressure vessel welds. Interveners still believe that this non-conservatism could lead to a brittle.

fracture induced loss'of pressure vessel integrity and the most feared reactor accident, a core meltdown.

Interveners understand that under the rules they'are bound by the confines of their contention and are withdrawing it from this proceeding. It is unfortunate, however, that such

.important public health and safety issues- pressure vessel rupture and pressurized thermal shock- must be confined to the narrow dictates of the Atomic Safety and Licensing Board process.

In conclusion, Interveners are withdrawing Contention 3 from this-proceeding, but our concerns about the safety consequences of underestimating the level of embrittlement of the Turkey Point critical welds in setting the Pressure / Temperature-limits have not been resc1ved. , ,

Respectfully submitted,

'r,$C.

Joette Lorion

• Director, Center for Nuclear '

Responsibility 7210 Red Road #217 Miami, Florida 33143 cc Steven Franz Patricia Jehle i

John Butler Secretary of the Commission

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