ML20023C262

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Stipulation Re Preparation for Hearing on Contention Ii. Lists Exhibits to Be Introduced,Witnesses to Be Called & Estimates of Time Necessary to Present Case
ML20023C262
Person / Time
Site: 05000142
Issue date: 05/12/1983
From: Cormier W, Thompson D, Woodhead C
CALIFORNIA, UNIV. OF, LOS ANGELES, CA, COMMITTEE TO BRIDGE THE GAP, NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
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Shared Package
ML20023C261 List:
References
NUDOCS 8305170067
Download: ML20023C262 (7)


Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

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DOCKET NO. 50-142

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(PROPOSED RENEWAL OF THE REGENTS OF THE UNIVERSITY)

FACILITY LICENSE)

OF CALIFORNIA

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(UCLA Research Reactor)

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STIPULATION RE PREPARATION FOR HEARING ON CONTENTION II Pursuant to Order of Administrative Law Judge, James A.

Laurenson, dated April 22, 1983, the parties, including applicant, Regents of the University of California through counsel, William H. Cormier, Esq., NRC Staff through Colleen P. Woodhead, Esq., and Intervenor, Committee to Bridge the Gap, by Daniel P. Hirsch, President, and Dorothy Thompson, Esq., conferred by telephone on Friday, May 6th, 1983.

The City of Santa Monica was unable to participate in the telephone conference.

Fursuant to said conference, the participants hereby stipulate as follows:

9305170067 830513 PDR ADOCK 05000142

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The possibility of proceeding with Contention 1

II in some fashion other than an adjudicatory hearing was discussed.

No agreement was reached on possible alternatives.

2.

The participants reached no agreement as to material facts not in dispute.

Intervenor contends that there are two factual issues to be resolved on hearing:

(a)

Characterization of the usage of the U.C.L.A.

Reactor; and (b)

Allocation of the hourly usage within each category of usage.

3.

The parties intend to offer the following Exhibits into evidence and hereby stipulate as to their authenticity, however, reserve all objections as to relevancy and admissability:

(a)

Exhibits to be introduced by Applicant, U.C.L.A.:

1.

Letter dated January 25, 19 82 to N. R.C.

from U.C.L.A. with attachments; 2.

Letter dated April 19, 1982 from U.C.L.A.

(Wegst) to N.R.C.;

3.

Appendix 1 of U.C.L.A.'s application consisting of 3 pages on cost accounting including charts; _, _ _.

4.

Appendix III to U.C.L.A. Application consisting of 3-4 pages of text with 3-4 pages of attached charts, including Table of Class Use and Research Use; 5.

Port Hour Chart, 1972-1981 and 1982, if available; 6.

Interrogatories and U.C.L.A.

Responses dated June 11, 1981, including Exhibits and Explanation; 7.

Supplemental Responses of U.C.L.A. dated June 29, 1981 regarding Exhibit A - Class Use ( Ashbaugh) ;

8.

U.C.L.A. August 26th, 1981 Responses to Motion to Compel; 9.

U.C.L.A.

September 18, 1981 Responses to Follow Up Interrogatories; 10.

U.C.L.A. August 14, 1981 Supplemental Responses to First and Second Sets of Interrogatories; 11.

Log Books (Example only).

(b)

Staff intends to introduce no Exhibits.

(c)

Intervenor, Committee to Bridge the Gap, intends to offer the following Exhibits:

1.

NEL Operating Logs, 1960 to present; 2.

NEL Supervisor's Logs, 1960 to present; -. _ - -

3.

Experimental Safety Analyses; 4.

Annual Reports, including internal reports; 5.

N.E.L.

Inspection Reports; 6.

Original Application for Facility License, 1960; 7.

1960 N.E.L. booklet describing facility; 8.

Radiation Use Committee minutes, 1960 to present; 9.

Internal Audits / Reviews of Operations, 1960 to present; 10.

Financial records, including ledgers, summaries of billings, 1960 to present; 11.

Interrogatories and Responses; 12.

Attachments to Declaration.of Steve Aftergood.

4.

The participants will present the following witnesses and no other witnesses will be permitted on direct testimony, unless upon a showing of good cause and l

j order of the A.L.J.:

(a)

U.C.L.A.

intends to call to some or all of the following witnesses:

1.

Neil Ostrander who will testify to the use and record keeping procedures of the Reactor; j

2.

Charles Ashbaugh who will testify to the use of the Reactor; l :

I 3.

Dean O'Neill of the U.C.L.A. School of Engineering, who will testify to the purpose of the facility and its contri-butions to the School of Engineering; 4.

A representative of Deloit Haskins and Sells who will testify to the appropriate cost accounting methods for the Reactor; 5.

Mr. Kalill who will testify to his usage of the Reactor; 6.

U.C.L.A.

engineering student (as yet unidentified), who will testify to the educational value of the Reactor use; 7.

A representative of the U.C.L.A. Finance Office who will testify as to the financial data in the letter of January 25, 1982 and other cost accounting matters; 8.

The appropriate custodian of records for Exhibits to be introduced.

(b)

N.R.C.

staff intends to call to some or all of the following witnesses:

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Jim Peterson who will testify to appropriate l

l cost accounting methods based on the U.C.L.A.

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reports.

(c)

C.B.G. intends to call to some or all of l

l the following witnesses:

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b 1.

D'On voelski who will testify on Reactor usage based on review of Reactor usage records; 2.

Steve Aftergood who will testify regarding the accuracy of the U.C.L.A. Reactor records; 3.

Mr. Byeski will testify as to appropriate cost accounting methods; 4.

Daniel O. Hirsch who will testify regarding review of operating logs and supervisory logs and other U.C.L.A.

Reactor records; 5.

The appropriate Custodian of Records for Exhibits introduced.

5.

The participants' best estimate of the length of time necessary to present its case at the hearing is as follows: !

s (a)

U.C.L.A.:

Director Testimony, 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br />; (b)

N.R.C.

Staff:

Direct Testimony, 1/2 hour; (c)

Intervenor:

Direct Testimony, 4-6 hours.

DATED:

May 6, 1983

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porcfthy Thomps for @e Nuclear Law Ce er, Attorneys for

tervenor, Committee to Bridge the Gap DATED:

May /0, 1983

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Willia $ Cormier, Attorneys for Applicant, The Regents of the University of California

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DATED:

May /,;13 1983

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Colleen P. Woodhead Counsel for N.R.C. Staff l

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