ML20247F153

Forwards Licensee Motion for Summary Disposition of Intervenors Contentions,Statement of Matl Facts as to Which No Genuine Issue to Be Heard & SA Collard Affidavit on Contentions 2 & 3

ML20247F153
Person / Time
Site:	Turkey Point
Issue date:	09/11/1989
From:	Frantz S FLORIDA POWER & LIGHT CO., NEWMAN & HOLTZINGER
To:	Bright G, Cotter B, Harbour J Atomic Safety and Licensing Board Panel
Shared Package
ML20247F159	List: ML20247F153 ML20247F185 ML20247F208 ML20247F246
References
CON-#389-9162 OLA-4, NUDOCS 8909180095
Download: ML20247F153 (4)

Text

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Jerry Harbour Atomic Safety and Iicensing Board Panel U.S. Nuclear Regulatory Commission Washington,'D.C. 20555 Re Florida Power & Light Co. (Turkey Point Plant, Units 3 and 4), Docket Nos. 50-250-OLA-4 and 50-251-OLA-4 (P/T Limits)

Dear Licens1ing Board Members:

In accordance with the schedule contained in a letter from Steven P. Frantz to the Licensing Board Members (March 13, 1989),

.which was adopted by the Licensing Board in its Memorandum and Order of June 8, 1989, Florida Power & Light Company (Licensee) hereby submits the enclosed."Licensce's Motion For Summary Disposition Of Interveners Contentions" (September 11, 1989)

-(hereinafter " Motion"). In support of this Motion, Licensee is submitting " Licensee's Statement Of Material Facts As To Which There Is No Genuine' Issue To Be Heard With Respect To Intervenor's Contentions" (September 11, 1989) and the Affidavit of Stephen A. Collard on Contentions 2 and 3 (September 11, 1989).

On September 8, 1989, Licensee received a copy of a letter (attached) from the Interveners to the Licensing Board, informing the Licensing Board that the Interveners are withdrawing Contention 3 from this proceeding. As stated in this .'etter, Interveners are taking this action following a meeting between Interveners and the Licensee, including Licensee's technical experts, in August 1989. At this meeting, the Licensee's 8909180095 890911 .

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technical experts explained to the Interveners how the P/T limits for Turkey Point were calculated, and the experts were able to I resolve the Interveners' concerns with respect to Contention 3.

Since the Interveners'have' withdrawn Contention 3, the issues encompassed within this contention have been removed from litigation. Sgg Houston Lighting r, Power Co. (South Texas Project, tJnits 1 and 2), ALAB-799, 21 NRC 360, 382-383 (1985).

Additionally, as is explained in the Interveners' letter and the Licensee's Motion and. supporting affidavit, Contention 3 was based upon a factual predicate which Interveners now understand )

was incorrect. Therefore, Contantion 3 does not raise a serious safety or environmental issue. As a result, it would be ]

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inappropriate for the Board to adopt Contention 3 as a ana sponte  !

issue under 10 CFR S 2.760a. Accordingly, the Licensee respectfully requests that the Board issue an order stating that Contention 3 is no longer an issue in this proceeding.

When the Licensee received Interveners' letter of September - '

8, 1989, the Licensee had essentially completed its Motion and supporting affidavit on both Contentions 2 and 3. Since the last date for filing motions for summary disposition is September 11, 1989, the Licensee had insufficient time to restructure the 4 Motion and supporting affidavit to account for the withdrawal of l Contention 3. Accordingly, the Motion and affidavit address both Contentions 2 and 3. Obviously, however, the Motion with respect to Contention 3 is now moot and the Licensing Board need not make any substantive finding with respect to Licensee's Motion on Contention 3.

In any event, as is demonstrated in the Motion, there is no genuine issue of material fact regarding either Contention 2 or Contention 3, and the Licensee is entitled to a decision in its favor as a matter of law. Accordingly, Licensee tuguests that the Licensing Board grant Licensee's Motion with respect to any il and all issues that remain following the withdrawal of Contention  !

3, and that the Board dismiss this proceedirq. j Respectf lly ubmitted,

/ /* I hr Steven P. Frantz Co-Counsel for Florida Power & Light Company Enclosures cc (w/ encl.): Service List

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h September 8, 1989 Glenn O. Bright Dr. Paul Cotter, Jr. Chairperson Atomic Safety.and Licensing.

Atomic-Safety and Licensing Board Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Washington, D.C. 20555 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 (Ltrkey Point Plant,251 Units 3 and OLA-4 4) Limits)

(P/T Docket Nos- 50-250, 50-

Dear' Judges,

Please be advised that Interveners, the Center for Nuclear Responsibility and Jeette Larion, have advised Stev.>a Franz,

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Counsel for the Lice ~r see, r,nd Patricia Jehle, Counsel for the NRC Staff, that they vill no longer be litigating Contention 3 in the above captioned praceed:'.ng.

Interveners having met with Counsel for the Licensee in August.1989, and,having been apprised by their technical used experts in calculating that a ' cooper content of .26 percent was not 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 Especially point in light j in continuing to litigate this contention.the Board has limited this contention to the of the fact that

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l narrow issue of whether or not the correct copper content was used to calculate the RTNDT and revise the P/T limits.

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-i Atomic Safety and Licensing Board September 8, 1989 Page 2 Interveners were somewhat surprised that at no point in this proceeding, either in the legal pleadings or at Oral Argument, did any of the parties inforn either the Board or'

. Interveners that the Licensee had not used the copper content of the weld 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 tha't 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 preseure 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 Boar d process.

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

1 Respectfully submitted, l

Joette Lorion Director, Center for Nuclear Responsibility J 7210 Red Road #217 Miami, Florida 33143 cc Steven Franz Patricia Jehle John Butler Secretary of the Commission I l

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