ML20006G102

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Memorandum (Concern About Possible Need to Declare Staff Party).* Staff Not Prepared for Efficient Participation in Case,Unless Alerted in Advance.W/Certificate of Svc.Served on 900227
ML20006G102
Person / Time
Site: 07000025
Issue date: 02/24/1990
From: Bloch P
Atomic Safety and Licensing Board Panel
To:
References
CON-#190-9974 89-594-01-ML, 89-594-1-ML, ML, NUDOCS 9003050049
Download: ML20006G102 (5)


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USNitC February 24, 1990

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$"f FICE OF SiCRE'IARY UNITED STATES OF AMERICA 0CKfitNG 4 'diWICL NUCLEAR REGUIATORY COMMISSION BRANCH i

ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judge O

Peter B. Bloch

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t In the Matter of Docket No. 70-25 ~M b ROCKWELL INTERNATIONAL Request to Renew CORPORATION To October 1990 Rocketdyne Division (Special Material License ASLBP No. 89-594-01-ML Number SNM-21)

MEMORANDUM I

(Concern About the Possible Need to Declare Staff a Party) t

-I have received the Basic Case filed by the following intervenors on February 19, 1990: Jon Scott, Los Angeles Physicians for Social Responsibility, the Southern Califor-nia Federation of Scientists, the Committee to Dridge the Gap, and Estelle Lit and Prof. Jerome E. Raskin'.

The

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principal issues raised by all the intervencr;i appear to

'l center around: (1) the pc.ssibility of a fire or explosion that'would dispersa far more plutonium than the "conserva-tive" estimate-made by Rockwell International Corporation (Applicant), and (2) an alleged pattern of sloppiness and j

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'The Lit-Raskin petition was amended February 19 and, l

I for simplicity, we consider that it was filed on that date.

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irrespor.sibility in hand. ling and measuring special nuclear L

materials and resulting wastes.

i Until I have received Applicant's response, I do not feel sufficiently informed to make a judgment pursuant to 10 CFR S 2.1213 as to whether "the resolution of any issue in the proceeding would ba aided materially by staff's parti-cipation... as a party..

However, I have suffi-cient concern at this time -- growing in part from the com-i fort I have drawn frcm Staff's helpful participation in for-mal proceedings -- to want the Staff to know that I may l

declare a need for Staff assistance after I have reviewed Applicant's filing.

The reason for stating my concern now is to expedite the proceeding.

Applicant's requested license will expire in October 1990 and its activities pursuant to that licanse are-expected to begin before then.

Hence, there is a need for expedition to prevent the case from becoming moot.

Meantime, Staff is not preparing to be a party and is not even performing safety or environmental reviews of this licensa request.2 consequently, Staff may not be prepared t

2See letter of February 14, 1990 i' rom Charles J.

Haughney, Chief of tne Fuel cycle Safety Branch, to Applicant.

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i for efficient participation in the case, unless it is alerted in advance to the possible need for its participa-I tion.

Respectfully, Peter B. Bloch Presiding officer r

Bethesda, Maryland b

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UNITED STATES OF AMERICA NUCLEAR RESULATORY COMMISSION i

In the Matter of I

I ROCKWELL INTERNATIONAL CORPORATION I

Docket No.(ei 70-25eML

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1 (Rocketdyne Division Special I

i Nuclear Materials License SNM-21) i I

t CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB MEMORANDUM DATED 2/24 have been served upon the following persons by U.S. sail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Administrative Judge Administrative Judge Christine N. Kohl. Chatraan

6. Paul Bollwerk, !!!

Atomic Safety and Licensing Appeal Atcaic Safety and Licensing Appeal Board Board U.S. Nuclear Regulatory Cosatssion U.S. Nuclear Regulatory Cosatssion Washington, DC 20555 Washington, DC 20555 Administrative Judge Administrative Judge Howard A. Wilber Peter B. Bloch Atomic Safety and Licensing Appeal Presiding Officer Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Cosatssion U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Administrative Judge Buttave A. Linenberger, Jr.

Special assistant Office.of the Gener41 Counsel Atomic Safety and Licensing Board U.S. Nuclear Regulatory Coastseton U.S. Nuclear Regulatory Consission Washington, DC 20555 Washington, DC 20555 l

Philip D. Rutherford Daniel Hirsch Manager President l

Nuclear Safety & Reliability Eng.

Consittee to Driuge the Gap

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6633 Canoga Avenue, Mail Code HB07 1637 Butler Avenue, Suite 203 i

L Canoga Park, CA 91304 Los Angeles, CA 90025

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Jon Scott Estelle Lit 6 Rounduo Road 18233 Bermuda Street Bell Canysn, CA 91307 Northridge, CA 91326 i

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Decket No.(s)70-25-ML LB MEM0kANDUM DATED 2/24 I

i Jerbse E. Raskins, et. si..

Donald W. Wallace

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c/o 18350 Los Allacs 1710 North Cold Canyon Road l

Northridge, CA 91326 Calabasas, CA $1302

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Sheldon C. Plotkin, Ph.D, P. E.

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Mary-Nichols, Esquire Executive Board Representative Counsel for Natural Retources Southern California Federation of Defense Council Scientists 1350 Wew York Avenue, NW 3318 Colbert Avenue Washington, DC 20005 Los Angeles, CA 90066 Richard Saxon, M.D Barbara Johnson President Presidsnt Los Angeles Physicians for Social Susana Knolls Homeowners Association Responsibility cio 6714 Clear Springs Road 1431 Ocean Avenue, Suite B Susana Knolls, CA 93063 Santa Monica,, CA 90401 Cece!!a Riddle Senior Librarian Chatsworth Branch Library 21052 Devanshire Street Chatsnorth, CA 91311 Dated at Rockville. Md. this 27 day of February 1990

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Office of the Secre ary of the Cosatssion i

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