ML19347A695

Response to Fh Potthoff Third Set of Interrogatories.Objects to All Questions Due to Irrelevancy.Affidavits & Certificate of Svc Encl.Related Correspondence

ML19347A695
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	09/22/1980
From:	Hancock D, Newman J BAKER & BOTTS, HOUSTON LIGHTING & POWER CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:	Potthoff F AFFILIATION NOT ASSIGNED
References
ISSUANCES-CP, NUDOCS 8009300027
Download: ML19347A695 (9)

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_BE.AIED. CORRESPONDENS September 22, 1980 UNITED STATES OF AMERICA ,

NUCLEAR REGULATORY COMMISSION 9

BEFORE THE ATOMIC SAFETY AND LICENSING BO D0 %

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In the Matter of 5 SEP 2 5 % > -

HOUSTON LIGHTING & POWER "

COMPANY Docket No. 50-466 C) I'd 5 p (Allens Creek Nuclear I*

Generating Station, Unit 5 No. 1) 5 APPLICANT'S RESPONSE TO POTTHOFF'S THIRD SET OF INTERROGATORIES TO HOUSTON LIGHTING &

POWER COMPANY In response to the interrogatories propounded by Intervenor F. H. Potthoff, III, Houston Lighting & Power (Applicant) answers as follows:

INTERROGATORY NO. 1:

In theg FES, S.10.4.1.q [ sic], it states ACNGS will produce 7.9 x 10 kwh/ year (at 80% average capacity). Does Applicant contest this figure? If so, why?

ANSWER:

The cited figures from the FES are consistent with figures reported in the ER Supplement at S11.1.1.

INTERROGATORY NO. 2:

In Applicant's Motion for Summary Disposition on my Contention 6, Dr. Buck of the Appeals Board is quoted as saying ACNGS is designed to produce 107 x 10" BTUs/ year.

Does Applicant know how Dr. Buck arrived at this figure? If so, please give a full explanation. If Applicant does not know, how does it know this figure is correct?

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ANSWER:

Applicant objects to this question. Dr. Buck is an officer of the Atomic Safety and Licensing Appeal Board of the Nuclear Regulatory Commission. Applicant has no legal obligation to explain or defend his factual analysis or to do independent analyses to satisfy itself of the accuracy of his work.

INTERROGATORY No. 3:

In the Motion for Summary Disposition on my Contention 6, Dr. Herbert Woodson says on page 4 of his affadavit [ sic]

that ACNGS will have a heat rate of "10,000 STU/KWH." [a]

Does Dr. Woodson understand this is due to the fact nuclear fission generates higher temperatures than burning coal or natural gas? [b] Does Applicant understand this?

ANSWER:

[a] Applicant objects to this question. It is not proper to inquire about the opinions of experts through interrogatories to Applicant. If Intervenor had wished to explore Dr. Woodson's reasoning, he should have deposed i Dr. Woodson.

[b] The controllirig factors for cycleThe efficiency temperature are the temperature and pressure of the steam.

and pressure of steam in coal or natural gas-fired boilers are typically higher than in nuclear steam generators.

INTERROGATORY NO. 4:

[a] Because of the above, does Dr. Woodson under-stand that his statement on page 4 of his affadavit [ sic]

that ACNGS musy be replaced by a " yearly thermal input of about 70 x 10' BTU" isn't necessarily true? [b] Does Applicant understand this?

ANSWER:

[a] See answer 3 [a] above.

[b] Applicant has no disagreement with Dr. Woodson's conclusion.

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INTERROGATORY NO. 5:

In his affadavit [ sic], Dr. Woodson states that there is no evidence that a " biomass farm would be environ-mentally preferable to a nuclear power plant." Did Dr. Woodson consider :the environmental effects of stripmining for uranium when comparing a biomass farm to ACNGS?

ANSWER:

See answer 3(a] above.

INTERROGATORY NO. 6:

In answer to my first set of interrogatories, Applicant states that it has contracted for uranium with What is their mailing address?

Atlas Minerals Corporation.

ANSWER:

Applicant objects to this question. It is not relevant to Potthoff Contention 6. Nevertheless, Applicant answers that the mailing address of Atlas Minerals Corporation is 353 Nassau Street, Princeton, New Jersey 08540.

INTERROGATORY NO. 7:

In an answer to my first set of interrogatories, Applicant states that the uranium from Atlas Minerals has already been mined. [a] Does this mean Atlas Minerals only deals in mined uranium? [b] Can Applicant find out where Atlas Minerals gets its uranium? [c] If so, please tell me.

ANSWER:

I Applicant objects to this question. It is not relevant to Potthoff Contention 6. Nevertheless, Applicant i answers as follows:

[a] Applicant reported previously that "the Atlas Minerals Corporation's uranium has already been mined."

This statement means exactly what it says and nothing more.

[b] No.

[c] Not applicable.

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8: d all PrERROGATORY NO.

[a] Does Applicant [b]intend DonstoApplicant buy any plan an to[c] Does uranium it can to fuel ACNGS?

buy uranium that was strip-mined?g to buy ur ANSWER: i It is not Applicant objects to this quest on.Nevertheless, Applican fuel relevant to Potthoff Contention 6.

Applicant intends to obtain all theits normal oper answers as follows:

[a]

necessary to operate ACNGS for i this

[b] - [c] Applicant intends to obta n ,

nuclear fuel on the open market. I INTERROGATORY NO. 9: i of the table /

Does Applicant contest the find ngs .

on p. S.5-33, FES?

ANSWER: i It is not Applicant objects to this quest on.Furthermore, the FE licant is not required toNevertheless, relevant a product ofto thePotthoff Staff, and Contention App disagree 6. it.

with ent disagreement with j

I explain, defend, agree with, orApplicant answers '

the cited table. Respectfully submitted, d( Gil ^

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J. Gregory Copeland C. Thomas Biddle, Jr.

OF COUNSEL: Darrell Hancock 3000 One Shell Plaza 77002 BAKER & BOTTS Houston, Texas 3000 One Shell Plaza 77002 Houston, Texas Jack R. Newman Robert H. Culp LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL David B. Raskin 1025 20036 Connec 1025 Connecticut Avenue, 20036 N.W. Washington, D.C.

Washington, D.C.

ATTORNEYS FOR APPLICANT HOUSTCN LIGHTING & FOW COMPANY DH:4:F l l

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i BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of S S

HOUSTON LIGHTING & POWER S COMPANY S Docket No. 50-466 S

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AFFIDAVIT l THE STATE OF TEXAS S S

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I, PAUL A. HORN, first being sworn, depose and l state that I have answered Interrogatories 6, 7 and 8 of the foregoing Applicant's Response to Potthoff's Third Set of Interrogatories to Houston Lighting & Power Company in my capacity as Project Manager for Houston Lighting &

l Power Company, and that all ste.tements contained therein l are true and correct to the best of my knowledge and belief.

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Paul A. Horn SUBSCRIBED AND SWORN TO before me on this the C2_. day of 22 %2'uo, 1980. .

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first being sworn, depose and '

I, W. F. McGUIRE, 1, 4(b}

state that I have answered Interrogatories No.and 9 of Third Set of Interrogatories to Houston Lighting & Power Company in my capacity as Manager of the Environmental Protection Decartment of Houston Lighting & Power Company, and that a' 'tew-"ts

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I ,Y [_P W. F. McGuire SUBS,CRIBED and SWORN TO before me on this the 1980

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i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of S S

HOUSTON LIGHTING & POWER S COMPANY S Docket No. 50-466 (Allens Creek Nuclear s NI t ' S> /

Generating Station, S A'\ O Unit No. 1) S 8 ' . ,.

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I, LYNN J. KLEMENT, first being sworn, depose and state that I have answered Interrogatory No. 3[b] of the foregoing Applicant's Response to Potthoff's Third Set of Interrogatories to Houston Lighting & Power Company in my capacity as Assistant Reactor Engineer for Houston Lighting & Power Company, and that all statements contained therein are true and correct to the best of my knowledge and belief.

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brKn J. ent SUBSCRIBED ND SWORN TO before me on this the c2 day of @ . , 1980.

V Not&ry Puclic fn and for Harris County, Texas {

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of 5 i

HOUSTON LIGHTING & POWER S COMPANY $ Docket No. 50-466 5

(Allens Creek Nuclear 5 Generating Station, Unit 5 No. 1) 5 CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Applicant's Response to Potthoff's Third Set of Interrogatories to Houston Lighting & Power Company in the above-captioned proceeding were served on the following by deposit in the United States mail, postage prepaid, or by hand-delivery this 22nd day of September, 1980.

Sheldon J. Wolfe, Esq., Chairman Richard Lowerre, Esq.

Atomic Safety and Licensing Assistant Attorney General Board Panel for the State of Texas U.S. Nuclear Regulatory Commission P. O. Box 12548 Washington, D. C. 20555 Capitol Station Austin, Texas 78711 Dr. E. Leonard Cheatufo Route 3, Box 350A Hon. Charles J. Dusek Watkinsville, Georgia 30677 Mayor, City of Wallis P. O. Box 312 Mr. Gustave A. Linenberger Wallis, Texas 77485 Atomic Safety and Licensing Board Panel Hon. Leroy H. Grebe U.S. Nuclear Regulatory Commission Cornty Judge, Austin County Washington, D. C. 20555 P. O. Box 99 Bellville, Texas 77418 Mr. Chase R. Stephens Docketing and Service Section Atomic Safety and Licensing Office of the Secretary of the Appeal Board Commission U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D. C. 20555 Washington, D. C. 20555

Mr. William Schuessler Atomic Safety and Licensing 5810 Darnell Board Panel Houston, Texas 77074 U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Steve Sohinki, Esq.

Staff Counsel Ms. Carro Hinderstein U. S. Nuclear Rgulatory Commission 609 Fannin, Suite 521 Washington, D.C. 20555 Houston, Texas 77002 Dr. D. Marrack Mr. Bryan L. Baker 420 Mulberry Lane 1118 Montrose Bellaire, Texas 77401 Houston, Texas 77019 Ms. Brenda McCorkle Mr. J. Morgan Bishop 6140 Darnell 11418 Oak Spring Houston, Texas 77074 Houston, Texas 77043 Mr. W. Matthew Perrenod Stephen A. Doggett, Esq. 4070 Merrick P. O. Box 592 Houston, Texas 77025 Rosenberg, Texas 77471 Mr. Wayne E. Rentfro Mr. John F. Doherty P. O. Box 1335 4327 Alconbury Rosenberg, Texas 77471 Houston, Texas 77021 Mr. James M. Scott Mr. F. H. Potthoff 13935 Ivy Mount 7200 Shady Villa, No. 110 Sugarland, Texas 77478 Houston, Texas 77055 F

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