NUREG/CR-0649, Opposition to M & R Framson 790803 Suppl to 790413 contentions.NUREG/CR-0649 Re Spent Fuel Heatup Following Loss of Water During Storage,Provides No Basis for Possibility of Spent Fuel Meltdown.Certificate of Svc Encl
| ML19254B138 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 08/22/1979 |
| From: | Sohinki S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7909240385 | |
| Download: ML19254B138 (9) | |
Text
b..
August 22, 1979 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION f'
Q BEFORE THE ATOMIC SAFETY AND LICENSING BOARD f
V 3
'/
<In
-D hpi \\
7 a
In the Matter of
!D >$o' h {,
\\ c.
g,y.4','
HOUSTON LIGHTING & POWER CQMPANY Docket No. 50-466 s,
y e
S (Allens Creek Nuclear Generating
)
be Station, Unit 1)
)
b'
'a NRC STAFF'S RESP 0flSE TO SUPPLEMENT TO CONTENTI0llS FILED BY MADELINE AND ROBERT FRAMSON On April 13, 1979, the Framsons filed a contention in the captioned proceeding alleging that, on Ihe basis of a West German report (AB-290), it was necessary to consider the possibility of a spent fuel meltdown (SFM) in the captioned proceeding. The Staff responded to that contention in a pleading dated May 2, 1979, by pointing out that a second report totally revised AB-290 and concluded that "a melt accident is out of the question for the fuel element pool..."
In spite of that unequivocal conclusion of the second West German report, the Framsons have now filed a supplement to their SFM contention dated August 3, 1979, in which they make the bald assertion that "[i]t cannot be doubted that such a possibility of a SFM can occur."
(Supplement to Contentions, p.1).
In view of the conclusion of the second German report, there is no apparent basis for this assertion, and therefore no basis upon which to admit a contention s
333253 79092405gg
~
e relating to spent fuel meltdown.
In an attempt to provide such a basis, the Framsons have cited NUREG/CR-0649 entitled " Spent Fuel Heatup Following Loss of Water During Storage," March 1979. However, that report provides no such basis for a contention such as that proffered by the Framsons. The report in question assumes the loss of all cooling water covering the spent fuel elements in the pool and then goes on to deal with the time periods and mitigation techniques which 7'e involved in coping with such an occurrence.
However, as the report itself indicates, " accident initiation mechanisms, the probability of occurrence, the magnitude of radioactive release, or the public consequences are not addressed." (p.11). Therefore, the report provides no basis to believe that there is a reasonable possibility of a loss of all makeup water in the spent fuel pool and the Framsons have not independently supplied that basis in their pleading.
This contention should, therefore, be rejected by the Board.
The Framsons also assert that the Applicant has not adequately dealt with the
" hazard" posed by the use of high density racks to store spent fuel at the Allens Creek facility. Once again, however, the only indication in the Framsons' pleading that such a method of storing spent fuel poses a hazard of any kind is their totally unsupported assertion that this is the case. Since there is no statement of a basis for the allegation that high density rack usage presents a hazard, this contention should be rejected by the Board.
Finally, the Framsons have raised again the issue of whether a core meltdown in the reactor could precipitate a spent fuel meltdown, and have stated that this coard should not reject the issue of spent fuel meltdown because three other Licensing Boards have admitted the issue as a contention in other S90254
i
. proceedings, namely, the Salem Zion, and Comanche Peak proceedings. The short answer to the Framsons' assertion is 'that it is not correct.
In none of the named proceedings nas a contention been admitted which alleged that a spent fuel meltdown was a reasonable possibility.
The Framsons have particularly emphasized the Salem spent fuel expansion proceeding by attaching (I) materials filed by an intervenor in that proceeding and (2) attaching a list of Board questions, one of which requests that the Staff and Applicant analyze the consequences to the spent fuel pool if a core melt (Class 9 accident) occurred in the reactor at Salem, flowever, contrary to the Framsons' assertion, it has not been determined that this issue will be litigated in the Salem proceeding. The Staff and Applicant have both filed objections to the Board's question based upon the Corranission's general policy that, for land-based power reactors, that Class 9 accidents need not be considered absent a showing of a reasonable possibility of occurrence of a particular Class 9 accident at a particular plant. See Offshore Power Systems, Inc. (Ficating Nuclear Power Plants), ALAB-489, 8' NRC 194 (1978).
To the extent that the Framsons wish to litigate the effect of a Class 9 accident on the spent fuel pool at Allens Creek, the Staff would raise the same objection in this proceeding.
Further, whether or not the issue of spent fuel meltdown has been litigated in other specific instances is not relevant to the question regarding whether the Framsons have provided a basis to litigate that issue in this proceeding considering the specific design of this facility.
S n the Zion proceeding, there wn a contention considered which dealt with the I
possibility that the water in the pool might boil. However, the contention did not allege that the fuel in the pool could melt, which is an entirely different issue, since that would presume a total loss of water covering the elements in the pool and no source of additional makeup water for continued cooling.
SSTdUb
i
. Therefore, because the Framsons' latest pleading provides no basis for either (1) a suggestion that a spent fuel meltdown is a reasonable possibility at the Allens Creek facility or that (2) there is a hazard created by storage of spent fuel elements in high density racks, the Staff believes that the Board should reject these contentions as issues in controversy in this proceeding.
Respectfully submitted
}h Stephen M. Schinki Counsel for NRC Staff Dated at Bethesda, Maryland, this 22nd day of August, 1979.
993256
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMitISSION f
BEFORE THE ATOMIC SAFFTY Afl0 LICEllSIf!G BOARD
'In the Matter of" H0VST0ft LIGHTING & POWER COMPANY
)
Docket No.
50-466 (Allens Creek Nuclear Generating Station, Unit 1)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S RESPONSE TO SUPPLEMENT TO CONTENTIONS F.ILED BY MACELINE AND ROBERT FRAMSCN" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated t,y an asterisk by deposit in the fluclear Regulatory Commission internal mail system, this 22nd day of August,1979:
p Sheldon J. Wolfe, Esq., Chairman
- Jack Newman, Esq.
Atomic Safety and Licensing Lowenstein, Reis, flewman & Axelrad~
Board Panel 1025 Connecticut Avenue, fl.W.
U.S. fluclear Reaulatory Commission Washington, D. C.
20037 Washington, D. C.
20555
.. l Richard Lowerre, Esq.
Dr. E. Leonard Cheatum-Asst. Attorney General for the Route 3, Box 350A State of Texas Watkinsville, Georgia 30677 P. O. Box 12548 Capitol Station Mr. Gustave A. Linenberger
- Austin, Texas 78711 Atomic Safety and Licensing Board Panel l!on. Jerry Sliva, Mayor U.S. Nuclear Regulatory Commission City of Wallis, Texas 77485 Washington, D. C.
20555 Hon. John R. !!ikeska R. Gordon Gooch, Esq.
Austin County Jud.qe Baker & Botts P. O. Box 310 1701 Pennsylvania Avenue, fl.W.
Bellville, Texas 77418 Washington, D. C.
20006 Atomic Safety and Licensing J. Gregory Copeland, Esq.
Appeal Board
- Baker & Botts U.S. Nuclear Reculatory Comission One Shell Plaza Washington, D. C.
20555 Houston, Texas 77002 g
4
. /*
Atomic Safety and Licensing Carro Hinderstein Board Panel
- 8739 Link Terrace U.S. Nuclear Regulatory Comission Houston, Texas 77025 Washington, DC 20555 Docketing and Service Section
- Texas Public Interest Office of the Secretary Research Group, Inc.
U.S. Nuclear Regulatory Comission c/o James Scott, Jr., Esq.
Washington, DC 20555 8302 Albaccre Houston, Texas 77074 Mr. John F. Doherty 4438 1/2 Leeland Avenue Prenda A. McCorkle llouston, Texas 77023 6140 Darnell Houston, Texas 77074 Mr. and Mrs. Robert S. Framson 4822 Waynesborg Drive Mr. Wayne Rentfro Houston, Texas 77035 P.O. Box 1335 Rosenberg, Texas 77471 Mr. F. H. Potthoff, III 1814 Pine Village Rosemary N. Lemmer Houston, Texas 77080 11423 Oak faring Houston, TX 77043 D. starrack 420 Mulberry Lane Laura Lewis Bellaire, Texas 77401 1203 Bartl( tt #4 Houston, TX Mr. Jean-Claude De Bremaecker 2128 Addison Houston, Texas 77030 Mrs. Karen L. Stade Gregory J. Kainer P.O. Box 395 11118 Wickwood Guy, Texas 77444 Houston, TX 77024 Jon D. Pittman, Sr.
Gayle De Gregori 2311 Bamore 2327 Goldsmith Rosenberg, Texas 77471 Houston, Texas 77030 Ms. Ann Wharton Mrs. W. S. Cleaves 1424 Kipling 8141 Joplin Street Houston, Texas 77006 Houston, Texas 77017 Ms. Kathy Mohnke Barbara Karkaki 1411 Lamonte' 1917 Wentworth Houston, Texas 77018 Houston, TX 77004 0
4 Mr. James H. Robinson Dick Day 1228 Bomar 3603 Drummond Houston, Texas 77024 Houston, Texas 77025 Ms. Bonny Wallace Niami Hanson 614 Meadowlawn 6441 1/2 Mercer LaPorte, Texas 77571 Houston, Texas 77005 Mr. and Mrs. Bruce A. Palmiter Mr. Robert C. Kuehm P.O. Box 183 1155 Curtin 302 South Missouri Street Houston, Texas 77018 Orchard, Texas 77464 Ms. Dana Erichson Dr. Marlene R. Warner 327 Hedwig 6026 Beaudry Houston, Texas 77024 Houston, Texag 77035 Ms. Nancy L. Durham Mr. Eugene E. Muoller Box 328 15602 Corsair Road Simonton, Texas 77476 Houston, Texas 77053 T. E. Elder Mr. William J. Schuessler 2205 Hazard 5810 Darnell Houston, TX 77019 Houston, Texas 77074 Helen Foley D. B. Waller, Jr.
3923 Law #16 1708 Kipling Houston, TX 77005 Houston, TX Marjorie A. Gurasich Jeffery R. West Route 1, Box 410 10903 Sageberry Wallis, TX 77485 Houston, TX 77039 Mrs. R. P. Erichson Janice Blue 327 Hedwig Road 1708 Rosewood Houston, TX 77024 Houston, TX 77004 Abraham C' avid' son Gabrielle Cosgriff 704 Hyde Park 5203 Crystal Bay Houston, TX 77006 Houston, TX 77043 Susan G. McGuire Charles Andrew Perez 8837 Larston 1014 Montrose Blvd.
Houston, TX 77055 Houston, TX 77019 Margaret Bishop Leotis Johnston 11418 Oak Spring 1407 Scenic Ridge Houston, TX 77043 Houston, TX 77043 I
Robin Griffith Barbara Blatt 1034 Sally Ann 4314 1/2 Beli Street Rosenberg, TX 77471 Houston, TX 77023 Ron Waters Laura Brode 3620 Washington Avenue 5422 Olana Drive No. 362 Houston, TX 77032 Houston, TX 77007 Stephanie M. Brown Glen Van Slyke 3510 E. Broadway #612 1739 Marshall Pearland, TX 77518 Houston, TX 77098 James Chilcoat J. Morgan Bishop 4319 Bell Street 11418 Oak Spring Houston, TX 77023 Houston, TX 77043 Barbara J. Ginn Mrs. Connie Wilson 4309 Bell 11427 Gak Spring Houston, TX 77023 Houston, TX 77043 Dorothy J. Ryan Patricia L. Streilein 4309 Bell Route 2, Box 398-C Houston, TX 77023 Richmon, TX 77469 Rachel Weinreb-Kuehm Carolina Ccan 1155 Curtin 1414 Scenic Ridge Houston, TX 77018 Houston, TX 77043 John and Jeanette Beverage 13031 Harwin Houston, T.X 77072 Mary L. Fuller Stephen A. Doggett, Esq.
614 Bienville Lane Pollan, Nicholson & Doggett Houston, TX 77015 P.O. Box 592 Rosenberg, TX 77471 Frances Pavlovic 111 Datonia J. Michael Ancarrow Bellaire, TX 77401 4310 Bell Houston, TX 77023 W. Matthew Perrenod 4070 Merrick Virginia Lacy Perrenad Houston, TX 77025 2704 Beatty #112 Houston, TX 77023 Bryan L. Baker -
1118 Montrose Jeanne Robertson Houston, TX 77019 23 Nueces Street Say City, TX 77417 Fern Barnes 2406 Morning Glory Pasadena, TX 77503 3E;32GO
James R. Piepmeier Roy E. Loyless 618 West Drew P.O. Box 249 Houston, TX 77006 Simonton, TX 77476 Elinore P. Cumings Donald D. Weaver 926 Horace Mann P.0, Drawer V Rosenberg, TX 77471 Simonton, TX 77476 Mr. and Mrs. Larry W. Scott Dorothy F. Carrick Route 2, Box 31 H.Q.
Box 409 Wagon Road Richmond, TX 77469 RFD #1 Wallis, TX 77045 Ms. Gertrude Barnstone 1401 Harold Mr. Robert R. Edgar Houston, Texas 77006 Rt. 2 Box 31-HS Richmond, Texas 77469 Ms. Kathryn Ottie Rt. 2 Box 62L Richmond, Texas 77469
' Stephen M. Schinki Counsel for NRC Staff h
~m.;