ML19343A906
| ML19343A906 | |
| Person / Time | |
|---|---|
| Site: | 05000142 |
| Issue date: | 11/14/1980 |
| From: | Helwick C, Reidhaar D, Woods G CALIFORNIA, UNIV. OF, BERKELEY, CA |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8011240167 | |
| Download: ML19343A906 (20) | |
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2 UNITED STATES OF AMERICA
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- r. - l\d i 3 NUCLEAR REGULATORY COMMISSION l 4 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 5
6 In the Matter of ) Docket No. 50-142 __
) -
'd l 7 THE REGENTS OF THE UNIVERSITY ) (Proposed Renewal of ,.'
l OF CALIFORNIA -) Facility License Q L.-j 8 ) Number R-71) __ : u C
(UCLA Research Reactor) ) . ',[j 9 ) . _., 'g a 5 -5 10 y j ANSWERS OF THE REGENTS OF THE UNIVERSITY OF 3 @
11 CALIFORNIA TO INTERVENOR'S FIRST* a SET OF INTERROGATORIES 12 13 14 Dated: November 14, 1980 15 16
( 17 l DONALD L. REIDHAAR I
18 GLENN R. WOODS CHRISTINE HELWICK
- i. 19 590 University Hall 2200 University Avenue 20 Berkeley, California 94720 i Telephone: (415) 642-2822 21 22 i
23 24 ,
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26 9569 9 "l1 801124o/GF l . .
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} Applicant, TIIE REGENTS OF T!!E UNIVERSITY OF CALIFORNIA, 2 objects to all er the interrogatories propounded to the 3 extent that they appear (by. introductory language) to call 4 for information in the possession of applicant's attorneys, 5
which is protected by the attorney-client and attorney-work 6 Product privileges. Notwithstanding that objection, the 7 following answers'are provided without reference to any such i
g privileged information.
9 l 10 Applicant, THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, 11 is still pursuing discovery with respect to this matter, and 12 the following answers are provided without prejudice to 13 Applicant's ability to introduce subsequently discovered 14 information at any hearing.
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15 16 INTERROGATORY NO. 1 17 18 For each of the years 1960 up to and including 19 1980 please specify:
20 21 a. .What. percent of the cost of maintaining and 22 operating The Reactor was devoted to sales and services?
23 i
24 b. What percent of the cost-of maintaining and
- 25 Operating The Reactor was devoted to research?
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_ - .. . , - , , , , _ . - . - . . ._m -
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I c. What percent of the cost of maintaining ar.d 2 operating The Reactor was devoted to education?
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4 d.- What percent of the cost of maintaining and 5 operating The Reactor was devoted to training?
6 7 ANSWER TO INTERROGATORY NO. J 8
9 Applicant does not maintain cost information as to 10 the UCLA Reactor, because it is not a " cost center" in the 11 generally accepted accounting sense. It is part of the 12 Nuclear Energy Laboratories at UCLA, which engage in activities
! 13 in additic to reactor operations.
14 i
i 15 In any case, any " costs" associated with the 16 Reactor (including research, administration and maintenance) 17 would simply be included as a component of the overall 18 " cost" of education.
19 20 All data which does exist for the UCLA Reactor 21 (principally personnel costs) is estimated, and.is contained 22 in-the license application submitted in connection with this 23 matter. It is not possible to allocate that' data to reactor 24 operations with any greater precision. In any case, no data 25 exists allocating reactor cost to the-functions specified in ,
26 this interrog-tory. .
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_ . _ _ _ _ _ - . _ _ _ _ _ _ _ _ _ . . _ . . _ - - - _ - . - - - - - _ _ _ _ . _ _ _ _ _ _ _ _ . - - . _ _ _ _ _ _ _ _ _ _ _ - - - - - . _ _ _ . - _ . - -- - _ - _ _ _ -_- . _ ~ - - - - _ _ - . - - - - - _ . . . _ _ . _ - . _ -
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} INTERROGATORY NO. 2' i
2 3 For each o' the years listed in Interrogatory 1 2
4 specify precisely how and by what method the costs of main-5 taining and operating are being allocated to the functions 6 of sale of ' services, education, research and training.
, 7 j 8 ANSWER TO INTERROGATORY NO. 2 I
9 i
10 See Answer to Interrogatory No. 1, - which 'is II incorporated herein by reference.
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. 12 13 INTERROGATORY NO. 3 14 15 Specify the. source of the data on which the answers i
16 to Interrogatori6s 1 and 2 were based, including both summaries j 17 and raw data sources, such as log books and invoices. ;
18 I
19 ANSWER TO INTERROGATORY NO. 3 20 21 See Answer to Interrogatory No. 1, which is
- 22 incorporated herein by reference.
1 23 24 INTERROGATORY NO. 4
~5 26 -For each answer to Interrogatories 1, 2 and 3 4
1 4
_,_ ,__ . _ , , ,_ . _ - . - = - _ _ _ _ _ _ _ _ - _ _ , _ , - . _ . . - . . .. .-__ ,_ _.
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I specify precisely how the various Reactor functions are 2 defined:
3 4 a. What is the definition of research?
5 6 b. What is the definition of education? ;
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, 7 s c. What is the definition of training? ,
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10 d. What are sold services?
11 12 ANSWER TO INTERROGATORY NO. 4 13 14 The " f unc tion of the Research Reactor in the-15 Nuclear Energy Laboratories at the UCLA campus is education.
16 That education takes the form of research and training, as 17 well as formal classroom instruction. There are no activities i 18 of the Reactor unrelated to education.
19 1
) 20 INTERROGATORY NO. 5
)
21 22 For each of the years 1960 up to and including l 23 '1980 please specify:
24 25 a. What percent of the income derived from ,
26- operating The Reactor was devoted to the sale of services?
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i 1 b. What percent of the income derived from 2 operating The Reactor was devoted to education?
3 4 c. that percent of the income derived from 5 operating The Reactor was devoted to research?
6 7 ANSWER TO INTERROGATORY NO. 5 6
9 This interrogatory is objected to on the grounds 10 that it is vague, ambiguous and uncertain.
11 12 Notwithstanding that objection, the Reactor income 13 is not allocated; it is pooled for the Nuclear Energy 14 Laboratories as a whole. See Answer to Interrogatory No. 1, 15 which is incorporated herein by reference.
16 17 INTERROGATORY NO. 6 18 19 For each of the years 1960 up to and including 20 l 1980 please specify the source, amount, and nature of all 21 income derived from the operation of the reactor.
22 23 a. For each year listed in Interrogatory 6, how 24 I much of the income was generated by the Reactor operation, 25 as opposed to the services? ,
26 6
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i 1 b. For each year listed in Interrogatory 6, 2 specify each transaction involving the operation of The 3l Reactor for which the Nuclear Energy Lab or the University 4, of California received payment for the operation of the 5
l Reactor including:
6 1) The name of the contracting party; 7 2) The nature of the services rendered by 8 the Nuclear Energy Lab; and 9 3) The persons who performed the work.
10 11 ANSWER TO INTERROGATORY NO. 6 12 13 This interrogatory is objected to on the grounds 14 that it is vague, ambiguous and uncertain.
15 16 Notwithstanding that objection, Applicant's financial 17 records do not permit a separation of income derived from 18 the Reactor at UCLA from that for the Nuclear Energy Laboratories 19 as a whole. See Answer to Interrogatory No. 5, which is 20 incorporated herein by reference.
21 22 , INTERROGATORY NO. 7 1
l 23 24 Describe for each year listed in Interrogatory 6 25l what efforts were made by the Nuclear Energy Lab personnel i
I to solicit paying users for The Reactor.
26 7
1 ANSWER TO INTERROGATORY NO. 7 2
3 None.
4 5 INTERROGATORY NO. 8 6
e Specify what account within the Nuclear Energy Lab 8 or SEAS (School of Engineering and Applied Sciences) accounting 9 structure the income derived from The Reactor operatf@ns is 10 credited to.
11-12 ANSWER TO INTERROGATORY NO. 8 13 14 There is no separate account for the Reactor at 15 UCLA. All income related to reactor operations is credited 16 to the Nuclear Energy Laboratory's account No. 4-402465-19900-9.
17 18 INTERROGATORY NO. 9 19 20 For each of the years 1960 up to and~ including 21 1980 - specify how much of The Reactor operating time was 22 devoted-to:
23 24 1a. Maintenance.
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26' b. Classroom instruction.,
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- I c. Commercial. rental.
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3 d. NEL research not performed in connection with j 4 commercial reactor rental.
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) 6 e. Research by University personnel other than
! 7 NEL or SEisS staff and not performed in connection with i
g commercial rental of The Reactor.
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10 f. Training of reactor operators.
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- g. Other general purposes.
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, i 14 h. Any ~other activity not included above which 15 accounted for greater than five hours in any given year.
i j 16 17 1) For each function listed above or for 18 any other functions that may be specified in.the answer 19 to Interrogatory . 9, please ' define and describe what
- 20 activities are being included within that functional 21 category.
22 23 ANSWER TO INTERROGATORY NO. 9 i .
24 25 Prior to .1971, ~ reactor operating time was not ,
26 ' categorized by function, and thus it is not possible for 9
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1 Applicant to provide any information for those years in the 2 ~ form requested. 4 i 3
.4 Beginning in 1971, reactor operating time was 5 categorized into three functions: (1) maintenance, (2) 6 classroom instructions, and (3) research. This data is 7 extracted from. operating logs by the reactor supervisor and 8 is reported in . summary form to the NRC annually. Upon 9 intervenor's request, the reported data can be made available l 10 for examination at a mutually convenient time and place.
l 11 12 INTERROGATORY NO. 10 13 .
t 14 Please specify precisely the source of'the data on 15 which the answers . to Interrogatory-9 are based including 16 summaries and raw data.
17 18 ANSWER TO INTERROGATORY NO. 10 19 20 See Answer to Interrogatory No. 9, which is 21 incorporated herein by reference.
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23 INTERROGATORY NO. I1 24
! 25 Please name the personnel currently involved in, ,
26 and the nature of the work performed, when The Reactor is 10
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1 being operated for a rental fee from a third party.
2 3 ANswsR.TO INTERROGATORY NO. 11 4 .
5 Not. applicable. - The . Reactor at UCLA has never l
6 been operated "for a rental fee from a third party." -l 7
8 INTERROGATORY NO. 12 9
10 Are students ever involved with the operation of 11 The Reactor or with the experiments being conducted when The 12 Reactor is being run for rental.
13 14 a. If. the answer to Interrogatory 12 is yes:
15 16 1) Please describe the nature of the 17 activities that the students are involved in.
18 19 2) Are the students running The Reactor?
20 21 3) Are students paid for working with The 22 Reactor or the experiments when the NEL.is-receiving.
23- payment for The Reactor operation?
24 25 4) Do' students ' receive. credit for. working ,
-26 on The . Reactor .when The Reactor is being used for 11
1 4
I benefit of a paying third party?
2 3 ANSWER TO INTERROGATORY NO. 12 4
5 See Answer to Interrogatory No. 11, which is 6 incorporated herein by reference. !
7 g INTERROGATORY NO. 13 9
10 'How is The Reactor operating time scheduled?
i 11 12 a. Describe who decides when The Reactor will be 13 operate'd.
14 15 b. Describe how priorities are given to competing 16 uses of The ' Reactor when there are scheduling conflicts.
17 18 c. Please indicate whether you will provide 19 copies of The Reactor scheduling ' data without a motion to
- 20 produce and if so, where and'when.
i 21 22 ANSWER TO INTERROGATORY'NO. 13 23 24' a. Reactor scheduling is done by the . reactor 25 supervisor.
, -26 12 s
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. I b.- Instructional classes are'given first priority; 2 other research demands are scheduled around classes. Concurrent 3 use is favored when different expo'sure ports can satisfy I 4 different requiremen'ts.
i 5 c.
6 c. Reactor " scheduling data" is displayed for a 7 two-month. period on a blackboard and is replaced during each 8 new period. If intervenor wishes- to view the data for the ,
i i most recent two-month period, arrangements for such an 9
10 inspection can be made at a mutually convenient time and 11- place.
- 12 13 INTERROGATORY NO. 14 14 4
15 Describe all records that are kept which might 16 indicate the precise nature of the use to which The Reactor 17 is put when it is running.
1 i 18 19 -a. Please indicate whether you will - provide 1
20' copies of. said records without a motion to produce ard if 21 so, where and when.
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~23 ANSWER TO INTERROGATOEY MO. 14 24 25 Operating logs, Specialized Annual - ( Activity) ,
26' Reports for 1966,:1967, 1968 and 1976, some graduate student
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1 ' theses and dissertations.
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3 a. In many cases, the information contained'in 4 the above records are ' incomp1'ete, imprecise, or not in 5 Applicant's possession.
If intervenor will submit a Request j
6 for Production of Documents specifying with particularity 7 those documents it wishes to review, Applicant can respond 8 accordingly.
9
! 10 INTERROGATORY'NO. 15 I
11 12 Describe in detail what information and records 13- are kept which indicate the type of research conducted with
, 14 The Reactor and the persons for whom it is performed.
15 16 a. Please indic%e whether you will provide i 17 copies of said records without a motion to produce and if 18 so, where ind when.
19 20 ANSWER TO INTERROGATORY NO. 15 21 22 See Answer to Interrogatory No. 14, which is 23 incorporated herein by reference.
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} INTERROGATORY NO. 16 i
2-I 3
Describe the process by which an interested user 4 'would acquire operating time of The Reactor.
i 5 6- ANSWER TO -INTERROGATORY 16 7
8 This interrogatory is objected to on the grounds 9
that it is vague, ambiguous and uncertain, in that Applicant 10 does not know what intervenor means by the term "an interested 11 . user."
12 13 Notwithstanding that objection, individuals who -
14 are not directly connected with the Nuclear Energy 15 Laboratories at UCLA cannot under any circumstances acquire 16 " operating time" on the Reactor.
17 18 INTERROGATORY NG. Il 1 I
19 20 Please indicats where and when you will make 21 available copies of:
22 23 a. U.C.L.A. N.E.L. operating logs 24
, 25 I
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I b. U.C.L.A. N.E.L. budgets 2
i 3 c. U.C.L'.A. N.E.L. SEAS budgets 4
4 5 d. U.C.L.A. N.E.L. financ.al reports a
6 7 e. U.C.L.A. N.E.L. audit results 8
9 ANSWER TO INTERROGATORY NO. 17 10 11 This interrogatory is objected to on the ground 12 that it is not the proper subject matter for an interrogatory.
13 In addition, certain of the documents set forth, such as 14 "U.C.L.A. N.E.L. SEAS budgets," "N.E.L. financial reports,"
15 and "N.C.L. audit results" do not exist.
16 1
17 If intervonor will submit a Request for Production 18 of Documents specifying with particularity those documents 19 and in which time frames, it wishes to review, Applicant can 20 respond accordingly.
21 22 INTERROCATORY NO. 17 [ sic. }
23 24 In what capacity, if it all is Dr.-Emil Kalil-25 employed at the'U.C.L.A. N.E.L.? ,
..26
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1 a. 'Does Dr. Emil Kalil ever operate The Reactor i-2 and if so, in what capacity?
3-4 -b. How is Dr. Emil Kalil involved in determining i
5 the use of The Reactor?
i 6 7 c. -Does Dr. Emil Kalil function in an instructive 8 capacity with students at U. C. L. A. N . E . L . , if so, how?
9 10 ANSWER TO INTERROGATORY 17-[ sic.]
.11 l 12 Dr. Kalil is not employed at the UCLA Nuclear 13 Energy Laboratories.
14 15 a.. No.
16 17 b. No.
18
! 19 c. No.
20 21
- 22 Dated
- November 14, 1980-l .l DONALD L. REIDHAAR
~
23 .j GLENN R. WOODS :
24 CHRISTINE HELWICK 25 l
26 By Christine Helwick
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l D"l*}D P D WO J u d[_d;d }f ,
VER I !'1 CAT L O.N I, MAR.JORIE J. WOOLf U\N , say:
- 1. I am the Secretary of Tilt REGENTS OF Tl!C UtiIVERS ITY Ol' cal.It'ORN I A , Applicant in this action, and I have been authorized to sign t h ', s verification on its behalf.
- 2. All of the information provided in the attached ANSWERS OF THE REGENTS OF THE UNIVERSITY OF
._ CALIFORNIA TO INTERVENOR'S FIRST SET OF INTERROGATORIES has been gathered from various employces of the UCLA camous involved in this action.
- 3. I am informed and believe that the best offorts of those employeen have been employed in procuring the information, and on that basis I am informed and believe that the information is true and correct.
Signed on November 14 , _80 , at Berkeley, California.
I declare under penalty of perjury that the foregoing is true and correct.
- '/ ; a 7 jA ' I l
y ', 'hs (lgf ~ ' ]C lw v T QRIL WOOLf1AN R
1 l DECLARATION OF SERVICE BY t1 AIL (CODE CIV. PROC. SS1013a S 2015.5) 2l I, the undersigned, say: I am a citizen of the United States, 3 over la years of age, employed in Alameda County, California, in 4 which county the within-mentioned mailing occurred, and not a party 5 to the subject cause. My business address is 590 University. Hall, -
6 2200 University Avenue, Berkeley, California 94720. I served the s
7 attached: ANSWERS OF THE REGENTS OF THE UNIVERSITY OF g CALIFORNIA TO*INTERVENOR'S FIRST SET OF INTERROGATORIES 9
10 11 by placing a copy thereof in a separate envelope for each addressee 12 named hereafter, addressed to each such addressee respectively as 13 follows:
1 14 SEE ATTACHED 15 16 .
17 -
- 18. Each envelope was then scaled and with the. postage thereon fully
~ 19 prepaid deposited in the United States mail by me at Berkeley, 20 California, on November 14, 1980 .
i i 21 There is delivery service by U.S. mail at each place so
- 22 addressed or. regular communication by U.S. mai'l between the place 23 of mailing.and each place so addressed.
24 I declare under penalty of perjury that the foregoing is true
- 25 and_ correct, i i 26 ! Executed on November-14, 1980 at Berkeley, California.
I
! l Yvonne Costalupes i
7r- m e s -
---w- - - - -w- -e er ==-r-r -m---c-- m- + g t
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1 Elizabeth Bowers, Esq.
U.S. Nuclear Regulatory Commission 2 Atomic Safety & Licensing Board Washington, DC 20555 3
Dr. Emmeth A. Luebke 4 U.S. Nuclear Regulatory Commission Atomic Safety & Licensing Board c Uashing ton , DC 20555 6 Dr. Oscar H. Paris U.S. Nuclear Regulatory Commission 7 Atomic Safety & Licensing Board Washington, DC 20555 8
Counsel for NRC Staff 9 Office of Executive Legal Director U.S. Nuclear Regulatory Commission l 10 Maryland National Bank Building 7735 Old Georgetown Road 11 Bethesda, Maryland 20015 12 Daniel Hirsch Committee to Bridge the Gap 13 1637 Butler Avenue, #230 l Los Angeles, CA 90025 14 l
, Mr. Mark Pollock I
15 Mr. John Bay 1633 Pranklin Street 16 Santu Monica, CA 90404 i 17 Chief, Docketing and Service Section l
Office of the Secretary 18 U.S. Nuclear Regulatory Commiss.un Washington, DC 20555 19 l 20 21 '
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