ML20005B523

Followup Interrogatories to Univ of CA Further Answers to Committee to Bridge the Gap First Set of Interrogatories. Responses Should Include All Info Available to Applicant. Certificate of Svc Encl

ML20005B523
Person / Time
Site:	05000142
Issue date:	07/01/1981
From:	Pollock M COMMITTEE TO BRIDGE THE GAP
To:	CALIFORNIA, UNIV. OF, LOS ANGELES, CA
References
NUDOCS 8107080330
Download: ML20005B523 (6)

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?:UCLEAR FIGULATCRY COEhISSIO::

3EFO?S THE ATCMIC SAFETY A!!D LICE::SE:G 3CAED In the !htter of Docket I;o. 50-142 THE REGE""3 CF TE (Proposed .,enewal of y.acility CiIVERSITY CF CALII'C?: IIA j License)

(UCR Research Reacter) ) "ETERVE"CR'S FCLLC'i-UP I"TERECCATCR!IS

} AS TO AFFLICA:T'S FU'CHER A::SWERS TO ETER30CATCRY SET C"E" TO: THE PSCE'?TS C7 THE CiIVERSITY OF CALIFOR:!IA AI:D THEIR ATTOR'IEIS OF PSCORD, GII"?! R. WCCDS A'!D CHRISTE?E HEIVICK.

Intervenor, CC?'MI'.' TEE 2) 3 RIDGE THE CAP, herety requests that said Applicant answer the followirg interrogatories fully and separately under .

cath. In answering these interrogatories, furnish all information available to Applicant, including inf' . tion in possession of your attorneys, invsstigators, agents, e: ployees, and such other persons and ot nerely such information as is known perscnally to the individual er individuals prinarily responsible for draf ting the answers. If Applicant cannot ansuer any of the following interrogatories in full, after exercising due diligence to secure the infornation to do so, so state, and answer g) to the extent possible specifying your inability to answer the remainder, h# l ard a+a+1"a whatever infornation or knowledge you ray have concerning the f f'tO?O80330 G10701 J:

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unanswered portion.

1. On page 5 of the Applicant's June 11 "Further Answers," Applicant defines research as "any uses of the reactor whereby reactor operators. . .

operate the reactor to conduct experimental sample analyses."

Precisely what is exrerimental about the sample analyses dona at.UEL for Dr. Kalil's ore assaying business in 1979 and 1960?

2. On the page mentioned in 1 above, Applicant says that the reactor "is designed to carry out basic nuclear research and experimentation, particularly activator analysis and delayed-neutron counting." This use is referred to on the sane page as the conducting of " experiments."

Applicant further says on the same page, "In its experimental use, various researchers bring mineral and ore samples or other unique substances which they wish analyzed."

a. Is Dr. Kalil,when he brings ore samples to NEL for analysis, considered a " researcher" as the term is used above?

b. If so, why if not, why not?

c. Precisely define " researcher" as used in. the last quotation in 2 above.

d. Precisely how does sample analysis routinely done by NEL for Dr. Kalil's are assaying business in 1979 and 1980 constitute basic nuclear research"?

e. Does it constitute " basic nuclear research"? If not, why not?

f. Is the coloration of gems in the reactor for commercial " gemologists" considered by NEL to te eli.he.r " experimental" activity or "research activity as the terms are used in page 5 of Applicant's June 7 Turt.er Answers?"

g. If the answer to f above is affirmative, is the activity considered to be "research" or "experinental", or both? Flease explain why it is so viewed by Applicant.

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! 3. On page of the June 11 "Further Answers", Applicant states that "other

( extramural users" as it uses the term "are generally, but not necessarily l

users engaged in connercial activities" (enphasis added). Cn Fa6e 16 l Applicant states that " Currently all ' extramural' users are 'concercial' l users in the sense that to the knowledge of the Applicant, the user is j engaged in a 'for-profit' business activity." Elsewhere on page 16 l

Applicant states that it is " prepared to stipulate that all currently I recorded ' extramural' uses of the reactor are, to the understanding of l the Applicant, uses by those who are enraged in ' commercial' activity."

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a. Which statement is correct--are "other extramural users" exclusively commercial users, or are they " generally, but not necessarily" commercial?

b. If the latter, please indicate the exceptions in current or past use; i.e. who is using the reactor or has used the reactor who is classified as " extramural" but not as " commercial."

c. If the statements on page 16 are correct (that all currently recorded

' extramural' users of the reactor are ' commercial'), and since Applicant used the term ' commercial' in the chart Intervenor requested be updated, why change the term from ' commercial' to ' extramural'?

d. What would have been the difficulty faced by Applicant, if asked at some time in the future to provide such a chart and if, at that time, it had non-UCIA users that didn't fit into any existing category, to add the new category that did fit?

4. Please show how the activities of students during reactor operation at UCIA

-lor commercial users meet the functions outlined in lines 18-27 of page 4 of the June 11 "Further Answers" in a fashion substantially different from a student working at any nuclear reactor currently operating under a commercial license. This question does not refer to formal courses er other activity not connected with the student involvement during commercial use. It refers to those activities for which Applicant has admitted in answer to 2nd set interrogatorier., the students receive no credit for.

5. Becarding the definition of " education" en page 13, what !s the relationship between those activities for which students receive academic credit and the University's educational process?

6. Can the knowledge or experience gained by a studentpaid to assist in Dr. Kalil's ore assaying efforts at NEL, not. connected with thesis work, in any way counttoward achievement of a degree from UC if no academic

credit is received for thr.t. experience? Please explain your answer.

7. If Applicant does not know what " sold services" are, as it states l on page 13, what facts can it produce to prove that less than 50' of the cost of owning and operating the reactor are not devoted to the l sale of services?

8. Further Answer to Sc--is this a misprint which should read "research" instead of " sale of services"'

9. If none of the income derived from operating the reactor was devoted j ,

to sale of services, education, or research, to what purpose was the l income devoted, specifically?

l 10. Applicant states in answer to Interrogatory 5 on pa6e 14 that Intervenor misreads 10 CFR 50.22. Precisely what does Applicant refer thereto--what is, in Applicant's view, the correct reading?

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11. Lines 5 and 6 cf page 13 say that "research" includes the practical l

application of new or revised theories or laws.

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a. Does coloration of gems for commercial enterprises constitute research given that definition?

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b. Dces ore assaying using proven and accepted methods of activation analysis consitute "research" as used in the above definition?

c. Given the above definition o!! "research," would nass-manufacturing of any commercial project which applied new or revised theories or laws to that mass-manufacturing be considered "*esearch?"

d. Please explain your answers to a,b,c above.

12. Your "further answers" indicate that roughly 605 of the porthours in 1979 and 1980 were for commercial users. Do you so admit?

13. Your "further answers" indicate that for 1979 and 1980 commercial users (or " extramural users") were the singest largest catecory of user and yet provided only a small fraction of the annual cost of operating the reactor.

a. Why aren't commercial users charged a higher fee?

b. Does the current fee charged for commercial asers accurately represent the cost of operating the reactor for them, including their share of the costs of owning and operating it?

c. Please explain your answer to b above, and provide all calculations that support your answer.

14. Commercial use, according to the information in the further answers, provided in 1980 roughly $23 ApplicationstatesatpageI/,400butusedroughly60%oftheporthours.

2-1 that the estimated annual cost of operations in 1980 is $167,000, thus having commercial use taking up 60" of the annual port hours in 1980 but providing only 145 of the cost of operations,

a. Does Applicant dispute any of the figures in the sentence above?

b. If so, which figures are disputed?

c. If figures are disputed, please provide the correct, figures.

15. What facts can Applicant produce that could show that the commercial -

users of the ?~SL reactor are not being subsidized by the taxpayer in their use of that reactor or its services?

16. What is the difference, in terms of the definition of educational proviued in the further answers, between a UCLA student working at a part-time paying job in Westwood Village in an accounting and bookkeeping firm (for which he or she received no academic credit, no evaluation or grade but learned something about accounting and bookkeeping, his or her field at schoc1) and a ruclear engineering student working for pay at IGL, helping with Dr.

Kalil's commercial endeavors, again receiving no credit, evaluation, or grate for that work?

a. Would Applicant, given its definition of education, consider the experience of that student in the Westwood Village accounting firm,

" educational" in the sense it uses that term to show compliance with its education and research reactor license? Please explain your answer.

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b. Would Applicant, given its definition of education, censider the experience of a UCIA manager.ent student working in a EcDonald's Hamburger facility in Westwood Village, for which he or she is paid but receives no academic credit, evaluation, or Tade, " educational" in the sense it uses that tern to show compliar's with its education and research reactor license? Please explain your answer.

17. If, a s Applicant has asserted, it is not possible to separate out cost and other financial information regarding the reactor from the overall NEL accamt, what facts can Applicant produce to shm that less than 50< of owning and operating costs are devoted to sale of services or products of the reactor?

18. Hr. Carniar is reported in Science (June 26,1981) as saying that it is true that 60lI of the reactor's operating hours are logged to uses such as assaying cres er coloring diamonds: yet this doesn't nake the reactor connercial nost of the " extramural" work is done by a former UCLA student. (a) Does the ft.ct that a for-profit user of the reactor was formerly associated with UCIA, either as a student or faculty member, -

nake their use of the reactor "*.*.ncational" or "research" as those terms have been dafined .!n the "further answers?" (b) If not. Vlease explain the statenents cited in Science. R p/eef s M tt e ark Po11cck Dated at Los Angeles, CA Attorney for Intervencr

1. "17 l' 1901 COMMIT'ISE "'O 3 RIDGE THE GAP

. .- GiITED STATES OF ,JEtICA UUCLEAR REULATORY C0'H!ISSICH 3EERE THE ATOMIC SAFEIY ,GL _LICSISI:iG BOAg In the Hatter of )

) Docket No. 50-142 NE amE;TS OF THE GiIVERSITY )

0F CALIE Pl!IA ) (Proposed Renewal of Facility

) License)

(UCLA Research Reactor) )

) -

CERTIFICATE OF SERVICE I hereb/ certify that copies of "I5TERVEN0'S FCLLCW-UF INTEPROGATOPIES AS TO AFFLICAUT'S FURTHER AI3WERS TO INTERROCATORY SET ONE" in the above-captioned proceeding have been served on the following b/ depcsit in the United States r. ail, first class, thic 1st day of July,1981.

Eli p.beth S. Bowers, Esq., Chairman Counsel for HRC Staff Administrative Judge U.S. Nuclear Regulatory Commission -

Atomic Safety and Licensing Board '.lashington, D.C. 20555 U.S. Nuclear Regulatorf Commission Washington, D.C. 20555 Docketing and Service Section Office of the Secretary Dr. Emmeth A. Luebke U.S. Nuclear Regulatory Commi.$sion Adminictrative Judge Washington, D.C. 20555 Atomic Safety and Licensing Board U.S. Nuclear Regulatorf Commission Rodger Holt, Esq.

! .Jashington, D.C. 20555 Office of City Attorney 200 North Main Street Dr. Oscar H. Paris City Hall East, Room 1700 WMstrative Judge Los Angeles, CA 90012 Atomic Safety and Licensing Board 7.S. Nuclear Regulatory Commission

'n'ashington, D.C. 20555 I ililliam H. Cormier, Esq.

l Office of Administrative Vice l Chancellor University of California 405 Hilgard Ave.

Los Angeles, CA 90024 .

Christine Helwick, Esq.

Glenn R. Woods, Esq.

Office of General Counsel 2200 University Avenue 590 University Hall .

l Berkeley, CA 94720 .

1 1

Iark Pollock Counsel for Intervenor j COE11TTEE TO 3 RIDGE THE GAP