ML19332D932
| ML19332D932 | |
| Person / Time | |
|---|---|
| Site: | 07000025 |
| Issue date: | 11/28/1989 |
| From: | Bloch P Atomic Safety and Licensing Board Panel |
| To: | NRC OFFICE OF THE GENERAL COUNSEL (OGC), ROCKWELL INTERNATIONAL CORP. |
| References | |
| CON-#489-9526 89-594-01-ML, 89-594-1-ML, LBP-89-37, ML, NUDOCS 8912060054 | |
| Download: ML19332D932 (6) | |
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ATOMIC SAFETY AND, LICENSING BOARD Before Administrative Judge:
SERVED NOV 2 9 1989 Peter B. Bloch
.In the Matter of Docket No. 70-25 M b
.c ROCKWELL INTERNATIONAL Request to Renew CORPORATION To October 1990 Rocketdyne Division
. j-(Special Material License ASLBP No. 89-594-01-ML Number SNM-21) h MEMORANDUM AND ORDER (Memorandum from Gregory P. Yuhas et November 15, 1989)
Yesterday'I received a. copy of a Mtmorandum.for Leland C.
Rouse, written by Gregory P. Yuhas,: Chief, Emergency Preparedness & Radiological Protection Branch, Region V, A
dated November 15, 1989.1 The Memorandum and' attached Inspection Report, 70-25/89-05, relates in part to matters raised by Donald W.
Wallace at-the limited appearance session that I held on September 28, 1989.- However, the inspector did.not appear
.to have consulted with Donald W. Wallace either before or after the inspection.
As a consequence, the' report
" considers a portion of the transcript of the limited
'This document will be served on the parties in this Case.
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appearance' session in-this. case.---without benefit of interaction withsthe speaker --
and a face-to-face interaction with'Rockwell personnel.
77 The Inspection Report appears to. exonerate Rockwell.
However, a closer: reading calls that conclusion into-1 question.
Mr. Yuhas transmits to us Mr.
C. A. Hooker's-conclusion that there was-no " adequate review and revision of the offsite support section of the RCP (by Rockwell]:
.1 following.the closure of the DeSoto facility" and that this was not. appropriately addressed in the July 1988 revision to the RCP.2-The report also indicates that Rockwell a
discovered unspecified inadequacies in its on-site emergency response plantat about the same time I posed questions to-it
.about its plan. JAt that time,~Rockwell began a task group to review the off-site. portion of the on-site emergency plan.- That group apparently has not yet finished its work, so that its findings were not available to the inspector.3' Although the inspector concl.uded that there were no violations with respect to the inadequacies in the specifi-cation of offsite resources in the on-site emergency plan, he.did not specify the reasons for reaching this conclusion.
2Yuhas Memorandum at 12.
3Inspection 70-25/89-05 at 8.
Notice that two hospitals apparently were listed in the plan as " supportive in any emergency situation that may arise" but that no firm
. agreement existed to corroborate this conclusion.
Id at 6-7.
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t r Nor is it clear whether he considered the possibility that there-had been a violation of NRC regulations by submitting misstatements -- apparently negligent or grossly negligent misstatements -- in an applicatien for a license.
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Under the circumstances, Rockwell should file with this i
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Board a statement concerning the factual accuracy and the adequacy of the on-site emergency plan originally filed as part of its license application.
Upon receipt of that statement, which should be filed within 30 days, the Intervenors shall have fifteen additional days to respond i
with respect to this issue, after which Staff may have an additional 10 days within which to comment.
(Since Mr.
Wallace is an intervenor, it is not necessary for the Staff to consult witil him in person about its response but it is encouraged to do so for the sake of courtesy and complete-ness.)
'I For the purpose of this issue e.ly, I find pursuant to 4
10 CFR $ 2.1213 that the Staff's pal l'.cipation wouiO aid 1
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I materially in the resolution of this issue' and that they b
f should therefore be a party with respect to this one issue.5 l
t Respectfully ORDERED, L'
Peter B.
Bloch Presiding Officer l'i November 28, 1989 l
Bethesda, Maryland f
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'This is a' concern of Donald W. Wallace, who is hereby admitted as a party to this case.
He lives less than-ten miles from the site, works about five miles from the site 4
and owns undeveloped property two miles from ths site.
One of his concerns is "that Rockwell has. falsified its on-site radiological contingency plan."
Tr. 218-19; " Petition of Donald W. Wallace for Leave to Intervene as a Party,"
November.22, 1989.
Although Rockwell has not responded to the written petition and has a right to do so, it has consistently refused to respond to petitions.
If it chooses to respond in this instance, I would reconsider this decision in light of its f.411ng.
5I have been encouraged because the parties appear to be favorably disposed toward the settlement of this case.
I consider an appropriate settlement, mindful of issues that e
might affect safety, to be of overriding importance because it can address even those issues that concern the parties but cannot be litigated.
(The issues included in this memorandum are, of course, subject to an appropriate settlement among the parties.)
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p tf; UNITED B1 AVES 9F AMERICA NUCLEAR REGULATORY COMMISSION s
t In the Matter of 1
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t ROCKWELL INTERNATIONAL CORPORATION Docket No.(s) 70-23-ML
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(Rocketdyne Division, Special I
Nuclear Materials License SNM-21)
I CERTIFICATE OF SERVICE I hereby certify that copies of the forencing LB M&O (11/15/09 YUHAS MEMO) have been served upon the following persons by U.S. mail, first class, except I
as otherwise noted anc in accordance with the requirements of 10 CFR Sec. 2.712.
Administrative.ludge Administrative Judge 1
[-
Christine N. Kohl, Chairman
- 6. Paul Bollwork, !!!
l Atomic Safety and Licensing Appeal Atomic Safety and Licensing Appeal Board Board U.S. Nuclear Requistory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Administrative Judge Administrative Judge Howaro A. Wilber Peter B. Bloch Atomic Safety and Licensing Appeal Presiding Officer Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Coemission Washington, DC 20555 Washington, DC 20555 Administrative Judge Gustave A. Linenberger, Jr.
Special Assistant Office of the General Counsel Atomic Safety and Licensing Beard U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555
- R.T.
Lancet Director Rockwell International Corporation
- Jon Scott Rocketdyne Division 6 Roundup Road 6633 Canoga Avenue Bell Canyon, CA 91307
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Canoga Park, CA 91304
- Estelle lit
- Jerome E. Raskins, et. al.
18233 Bermuda Street c/o 18350 Los Alimos Northridae, CA 91326 Northridge, CA 91326
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Decket No.(sl70 23.ML-p LB Ms0-(11/15/69.YUHAS MEMD) i i
- Donald W.
Wallace
- Mary Nichols, Escutre 1710 North Cold Canyon Road 1350 New York Avenue, NW Calabasas. CA 91302 Washington, DC 20005 l
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- Cecella Riddle l-Senior Librarian l
Chatsworth Branch Library 21052 Devanshire 6treet l
Chatsworth, CA 91311 Dated at Rockville, Md. this 29 day of November 1989-EM Office i the Secretary of the Commission
- Copies served by Federal Express.
.