ML20027E717

Forwards Citations for Statements of Matl Fact Averred Not in Dispute on Contentions XIII Re SNM License & Xvii Re Seismicity.Related Correspondence

ML20027E717
Person / Time
Site:	05000142
Issue date:	11/08/1982
From:	Hirsch D COMMITTEE TO BRIDGE THE GAP
To:	Frye J, Luebke E, Paris O Atomic Safety and Licensing Board Panel
References
NUDOCS 8211150645
Download: ML20027E717 (7)

Text

marzo coensspoemum

' COMMITTEE TO BRIDGE THE GAP 1637 BUTLER AVENUE #203 LOS ANGELES, CALIFORNIA 90025 00CKETED (213) 478-0829 USNRC

'l Novembergy, g g g g ,

Judge John H. Frye, III

.; Chairman ,

C Atomic Safety arxl Licensing Board I"{^(ICE.T SECI tTAR

'C.M n SERVICE U.S. Nuclear Regulatory Commission AD

. Washington, D.C. 20555 Dr. Oscar H. Paris Dr. Emmeth A. Luebke Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 I

In the Matter of The Regents of the University of California *

(UCLA Research Reactor)

Docket No. 50-142 (Proposed Rene<a1 of Facility License)

RE: CITATIONS FOR CBG STATE!GNTS OF MATERIAL FACTS

Dear Administrative Judges:

As per your Memorar.dum and Order of Cetober 22, 1982, please

'ind enclosed citations for the statements of material fact averred to not be in dispute as to Cententions XIII (SNM License) and XVII (Seismic),

as included in the CBG Motions for Summary Disposition thereto.

Res ec full ed,

?

61 . -

Daniel Hirsch 1 President CCEMITTEE 'IO BRIDGE THE GAP ccw/ enclosure service list

~B211150645 821108 PDR ADOCK 05000 G

CITATIONS FOR CONTENTION XVII (Seismic)

STATEMENT OF FACT

1. THE REAC'IOR IS IN A SEISMICALLY ACTIVE REGION. Application pageIII/3-1; SER, page 2-6; Exhibit A, paragraphs 5-9; Exhibit C, p.3, 15-19; Exhibit E, cover letter, page 11, 17, 24; Exhibit F, p. vii; Exhibit I, p. 145; Exhibit N; Exhibit 0; Exhibit P.

2. THE UCIA REACTOR MAY BE IN THE PATH CF AT LEAST ONE ACTIVE EARTHQUAKE FAULT. SER p. 2-6; Exhibit A, paragraph 6-9; Exhibit D, p. 31, 33, map at last page; Exhibit F, p. vil; Exhibit N; Exhibit 0; and Exhibit P

3. THE UCLA REACTOR IS WITHIN TWO MILES OF THE NEWPORT-INGLEWOOD FAULT.

Application page III/3-1; Exhibit A, paragraph 8; Exhibits N, 0, and P.

4. THE NEWPORT-INGLEWOOD FAULT WAS RESPONSIBLE FOR THE LONG BEACH EARTHQUAKE OF 1933. Exhibit F, p. vii; Exhibit O.

5 THE NEWTORT-INGLEWOOD FAULT IS CAPABLE OF AN EARTHQUAKE OF A MAGNITUDE 7 5 ON THE RICHTER SCALE. Application, p. III/8-3; Exhibit A, paragraph 8; Exhibit C, p. 15, 18.

6. THE CURRENT PROBABILITY OF OCCURRENCE CF A 7 5 MAGNITUDE EARTHQUAKE AIONG THE NEWFORT-INGLEWCOD FAULT IS AT LEAST .1% ANNUALLY, OR A ONE IN FIFTY CHANCE DURING THE PROPOSED TWENTY-YEAR LICENSE PERIOD. Application,p.III/8-3; Exhibit C, p. 15

7. THE SANTA MONICA FAULT ZONE IS WI'IHIN ONE MILE OF THE REACTOR. Exhibits 0, N.

8. THE SANTA MONICA FAULT ZONE IS CAPABLE OF A 7 5 MAGNI'IUDE EARTHQUAKE.

Faximum Credible Rock Acceleration from Earthquakes in California, by Roger Greensfelder, published by California Division of Mines and Geology, Sheet 23, 1972, revised, August 1974, cited as reference 12 at page .

. Map III /10-1 of Application; Exhibit A, paragraph 8.

9. 'THE REACTCR COULD ALSO BE AFFECTED BY A QUAKE ALONG THE SOUTHERN SAF ANDREAS FAULT, WHICH HAS A CAPACITY OF 8.3 MAGNITUDE WITH A PROBABILITY OF CCCURRENCE OF BETWEEN 2 AND 5% ANNUALLY, OR GREATER THAN 5075 CVER THE NEXT THIRTY YEARS. Exhibit A, paragraph 6; Exhibit C, page 3, 15, 17 L

10. A MAJOR EARTHQUAKE COULD BRING DOWN THE SEVERAL-STORY STRUCTURE BUILT ATOP THE REACTOR BUILDING AND CRUSH THE REACTOR C @E. Application p. 111/8-3,8-4; SER 14-8; TR 696, June 1982 prehearing conference 5', Exhibit A, paragraphs 9-20; and supporting Exhibits B; D,p. 11, 17, 24

11. MECHANICAL DAFAGE 'IO THE FUEL (i.e. BREAKS IN THE CLADDING AND FUEL HEAT)

COULD RESULT FROM CORE-CRUSHING. SER, p. 3 .0; Application,III/8-4; Exhibit A, paragraph 14. ,

2/

12. CORE-CRUSHING COULD RESULT FROM IATERAL ACCELERATIONS IN AN EARTHQUAKE, WITH CR WITHOUT THE ABOVE STRUCTURES COLIAPSING. Exhibit A, paragraph 13; Exhibit C, p. 2 1/ Except as otherwise indicated, references to the Application refer to the Application as amended in June, 1982.

j2 Applicant's counsel is quoted in the transcript as saying Applicant would

" concede" this fact, not " stipulate" to it as indicated in the CBG Motion.

3/ Un' o typorraphical error in ori.rinal statement of raf orin1 facts

13. MECHANICAL DAMAGE TO THE FUEL RESULTING FROM AN EARTHQUAKE COULD RESULT IN FISSION FRODUCTS ESCAPING TO THE ENVIRONMENT. SER, p. 14-8; Application, P. III/8-3 and 4: Exhibit A, paragraph 14 ,

14 IT IS CONCEIVAELE THAT SUBSEQUENT FLOODING OF THE REACIOR RCOM COULD OCCUR AS THE RESULT CF EARTHQUAKE-INDUCED FAILURE CF THE STONE CANYON RESERVOIR WHICH IS POSITIONED IN THE HILLS TO THE NORTH OF THE UCLA CAEFUS.

Application, P. III/8-5; Exhibit A, paragraph 15; Exhibit D (referenced in Application at page III/10-1 as reference 14), page 31, 33, 38, map on last page.

15 SUBSEQUENT FLOODING OF THE REACTOR COULD RESULT IN THE DISFERSION OF FISSION PRODUCT RELEASES IN THE FLCOD WATER. Application,pageIII/8-5:

Exhibit Dr Exhibit A, paragraph 15, 18.

16. NEITHER STAFF NOR AFFLICANT HAS DONE A DETAILED ~SEIShIC ANALYSIS OF THE REACTOR SITE NOR A DE' RAILED STRUCTURAL ANALYSIS OF THE REACTOR STRUCTURE AND REIATED EUILDINGS AS TO HOW THEY WOULD RESPOND 10 POTENTIAL EARTHQUAKES '

(i.e. ABILITY 10Application,III/8-3 SER,page2-6; WITHSTAND VARIOUS RESFONSE interrogatories by CBGSPECTRA WITHOUT to Staff and Staff SUFFER ancuers thereto, included as Exhibits J and K, particularly answers to interrogatories' 40 a through j and 135, 138, 140, 141; interrogatories by CBG to Applicant and Applicant's answers thereto, included as Exhibits L and H, particularly answers to interrogatories 3, 6, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21,23,24,25,26,27,28,29,30,31,32,33,34,'40,41,42,43,45,46,47.Y 17.

EARTHQUAKE-INDUCED FISSION FRODUCT RELEASE COULD CAUSE DOSES IN UNRESTRICTE AREAS OF AT IEAST 10 REM TO THE THYROID. SER, p. 14-10: Battelle Study, p. 26 and 48 (referenced in Application and conducted for Staff).

18. THE UNIFORM BUILDING CODE ACCORDING 70 WHICH THE REACTOR STRUCTURE AND THE EUILDING AE0VE IT WERE BUILT HAD NO FR0 VISIONS FOR REACIORS AND HAS SINCE BEEN SUBSTANTIALLY STRENGTHENED: AND BUILDINGS BUILT TO UBC STANDARDS HAVE FAILED IN REIATIVELY EODERATE EARTHQUAKES. Exhibit A, paragraphs 16 and 17:

Exhibits H and It answers to interrogatory 8, Exhibit L and H.

1 l

h The interrogatory answers of Staff and Applicant, included as Exhibits J, K, L, and M, are attdched to the Motion not only to demonstrate the truth of the listed facts, as in #16 above, but to demonstrate that no genuine dispute as to the truth of any of the facts exists, as shown by the lack of contrary information possessed by Staff or Applicant.

p CITATIONS FOR CONTENTION XIII (Special Nuclear Futerials License)

STATEEENT OF FACT --

l

1. THE FULL INFOREATICH AS TO EQUIPEENT AND PROCEDURES DESIGNED ID PREVENT, EITICATE, DETECT, AND RESTOND TD CRITICALITY ACCIDENTS REQUIFED BY 10 CFR 70.22(a)(7) 1 AND (a)(8) AND 70.24(a)(1), (2) AND (3) HAS NOT BEEN PROVIDED IN THE APPLICATION,

a. Application

b. Applicant's Eay 20, 1981 interrogatory responses, pg. 135, Interrogatories 3 & 5

c. NRC Staff Question to UCLA of 4/17/80,#12, andUCLAansweroff/13/80, as to UCLA assertion at IV/C-1 of 1980 Application that a victim of direct radiation is not a hazard to others; compare with amended Appendix IV, in

d. which no mention whatsoever is made of victims of direct radiation accidents.

Staff answers to CBC's interrogatories 231-233 as to the SER '

R&tc7cR s 2

THE UCIAdCAN OFERATE WITH LESS THAN 9.4 KG U-235 ON SITE. ,

a. Construction permit application, 5-30-59, pg. 7 .

b. Exhibit T Letter, June 3,1970, from Thomas Hicks, NEL Director to Dr. Peter Korris, Division of Reactor Licensing, USAEC

c. Exhibit T, Letter, June 24, 1970, from Donald J. Skovholt, Assistant Director for Reactor Operations, Division of Reactor Licensing, USAEC, 1

to Dr. Hicks, NEL

d. Applicant's interrogatory responses of August 26, 1982

e. NUPEG/CR-2079,pg.23 f.

Argonaut Reactor Databook by Strum and Daavettila, ANL-6285, January 1961; Exhibit K, and Summary Report on the Hazards of the Argonaut Reactor, Lennoz and Kelber, ANL-5647, December 1956, Exhibit Q

3. THE UCIA REACTOR OPERATED WITH APPR0XIEATELY 3 5 kg of U-235 ON SITE FOR TEN YEARS.

a. Construction permit application, 5-30-59, pg. 7

b. Exhibit T. Letter, June 3,1970, from Thomas Hicks, NEL Director to Dr. Peter Korris, Division of Reactor Licensing, USAEC

c. Exhibit T, Letter, June 24, 1970, from Donald J. Skovholt, Assistant Director for Reactor Operations , Division of Reactor Licensing, USAEC, I to Dr. Hicks, NEL

4. THE UCLA REACTOR DID NOT USE EORE THAN 4.3 kg of U-235 DURING 'ITS ENTIRE '

LIFETIIE TO DATE.

a. Exhibit A Declaration of David W. Hafemeister. paragraphs 9 and 10

b. Environmental Impact Appraisal, pg. 5 5

THE UCLA REACTOR BURNS UP ON THE AVERAGE APPROXIEATELY l GRAh 0F U-23

a. Exhibit A, paragraph 9

b. Exhibit N

• Document cited shows that information is not there.

6 TOTAL FUEL DAMAGED OR BURHT-UP IN THE LAST TWENTY-TWO YEARS IS LESS THAN 750 GRM13.

a. Environmental Impact Appraisal, page 5

b. Exhibit A, paragraph 10 t

7. 93% ENRICHED URANIUM IS WEAPONS-GRADE URANIUM.

a. Exhibit A, paragraph'4 8 93% ENRICHED URANIUM IS HIGHLY ERRICHED URANIUM (HEU),

a. Exhibit A, paragraph 4

9. I4W ENRICHED URANIUM (LEU) THAT IS NOT SO LOW D(RICHED AS TO PRODUCE _

SIZEABLE PLUTONIUM GENERATION REDUCES TI.0LIFERATION RISKS. i

a. Exhibit A, paragraph 7 ,

b. Exhibits E and I'

10. IT IS OFFICIAL U.S. POLICY TO REDUCE THE ENRICHME'iT OF RESEARCH REACTOR FUELS,

a. Exhibit C, Advanced Fuel Cycle and Reactor Concepts, International Nuclear Fuel Cycle Evaluation, IAEA,1980 .

b. Exhibit U, IAEA-TECDOC-233, "Research Reactor Core Conversion from the Use of Highly Enriched Uranium to the Use of Low Enriched Uranium Fuels Guidebook", a Technical Document issues by the IAEA, Vienna,1980, pg.1

c. Exhibit I, US:lRC Statement of Policy: "Use of High-Enriched Uranium in Research Reactors" 47 FR 37007

d. Exhibit A, paragraphs 3,6,7,8,12

e. Exhibit D, pages 5,6,7 and 38 as marked

f. Exhibit E, pages 4,7,8,10,13,14,15,20,21.23,25,26

g. Exhibit F, pages 9,10

h. Exhibit G, pages 28,29 1 Exhibit H, page 24 I

11. REDUCED ENRICIDENT FUELS ARE GURRENTLY AVAILABLE ON WHICH THE UCLA REACTR CAN RUN.

a. Exhibit A, paragraph 7

b. Exhibit H

c. Exhibit D, pages 7,8,36

d. Exhibit E, pages 1,5,7,8,10,13,14,21,25,26

e. Exhibit E

f. Exhibit G

] g. Exhibit U, pages 11,661,242 *

h. Exhibit K

1. Exhibit R

• 12 THE ORIGINAL ARGONAUT REACTOR RAN ON 20f FUEL.

a. Exhibit Q, page 19

b. Exhibit R, page 115 '

13. THE UNIVERSITY OF FI4RIDA REACTOR RAN UNTIL 1970 ON 20% WEL.

s. Exhibit P, page 2 of< 2 ,

b. NRC Staff Answer to Interrogatory 89 as to the SER (3/17/82) 14 OTHER ARGONAUT REACTORS HAVE OPERATED ON 20% FUEL.

a. Exhibit P, page 2 of 2

b. NRC Staff Answer to Interrogatory 89 as to the SER (3/17/82) s I

15. ADVANCED REDUCED HiRICB1 HIT FUELS OF HIGHER URANIUM LOADING WILL SOON BE AVAILABLE ON WHICH ALL BUT THE HIGHEST POWER RESEARCH REACTORS

CAN RUN. i

a. Exhibit A, paragraph 7; Exhibits C,D,E,F,G,H,U 16 THE UCLA REACTOR DOES NOT USE A PLUT0NIUM-BERYLLIUM NEUTRON STARTUP SOURCE,

a. Application, page III/6-5

b. Exhibit S, page 1

17. THE UCLA REACTOR USES A RADIUM-BERILLIUM STARTUP SOURCE. s

a. Application, page III/6-5 s

18 T'.!O CURIES OF PLUT0NIUM-239 ARE MORE HAZADAROUS IF RELEASED TO THE HIVIRONMalT THAN 6.6 MILLICURIES OF RADIUM.

a.10 CFR 20 Appendix B 1

~

19. UCLA EOES NOT HAVE A SECURITY PLAN AND SAFEDUARDS CONTINGDiCY PLAN THAT MEETS THE REUIREMaiTS OF 10 CFR 73.60 for formula quantities of SN M.

a. Exhibit T Letter, 3-1-79, Catton to Berger; Letter 11-18-74, Lear to Hicks -

20 THE AMOUNT OF SNM RMUESTED IN THE LICENSE, IF ALL WERE ON SITE, i WOULD BE A FORMULA QUANTITY OF S*01.

a. 10 CFR 73 60

b. Memo, SECY-81-376, " PHYSICAL SECURITY RMUIREMSITS FOR NONPOWER REACTOR -

LICENSEES POSSESSING A MRMULA QUANTITY OF SSNM" from William J.

Dircks, Executive Director for Operations, to the Commissioners, dated June 12, 1981

c. Exhibit 0,y

d. Exhibit T, March 1.1979 lotter, UCLA's Catton, to DOE's Berger

e. January 29, 1 l, letter . NRC's Miller to UCLA's Wogst t_ hh _pW --

s~

• • v

, , 4

• ,'J s  :%

il , l t T-

.s g

il 21.- '

UCLA HAS RECEUTLY REDUCED ITS S?:11 INVENTORY. \. ' s t

a. Letterh UCLA's'Wegst to NRC's Eiller, August 6,1982 '

' 's N.T. s

\ w

22. THE NRC HAS COMMITTEP ITSELF TO DEDUCING UCIA'S LICENSE AUTHORITY 70 EE10W A FOREULA QUANTITY.

a. Exhibit J, page 2 ,

. D *:

9

-(

7- k.  ;; \

k s .Q .. ,'l. $ '

} g. d

• g I

-(

s s ,

% , g 9

s 95 ' -

"e g -g

\ h

-1

(: s s 'N

\

\

\

)

e 9

s

.e V

\

__ _ _ . _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ .