ML20031G930

Confirms 811016 Meeting W/Applicant to Discuss All Outstanding Discovery Disputes Per ASLB 810824 & 0909 Orders.Stipulation Encl

ML20031G930
Person / Time
Site:	05000142
Issue date:	10/12/1981
From:	Pollock M COMMITTEE TO BRIDGE THE GAP, NUCLEAR LAW CENTER
To:	Cormier W, Helwick C, Woods G CALIFORNIA, UNIV. OF, LOS ANGELES, CA
References
NUDOCS 8110260228
Download: ML20031G930 (6)

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the nuclear lancenter(

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LOS ANGf1ES' CALIFORN!d Ch ' e 1724 NORTH LA DPIA AWNUE 213/851-9201 e

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.enn R. Woods, Esq.

Vh,sycun masu Mr. William Cormier, Esq.

p NW istine Heluick, Esq.

Office of Administrative

& ounsel for Regents Vice Chancellor

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590 University Hall 405 Hilgard Avenue 2200 University Avenue Los Angeles, California 90024 3erkeley, CA 94720

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Regents of the University of California OI' N

(UCIA Research Reactor)

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Docket !!o. 50-142 i

9 (Proposed Renewal of Facility Licene d g.( 1 g tggy RE: Cetober 16, 1981 DISCOVEny CC::FERE!!CE t

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Dear 1c. Heluick and Eessrs. Woods and Cormier:

M' This is to confirm the appointment set for Friday, Cetober 16, from 11:30 a.m. to 3:00 p.m. at which representatives of the Applicant and the Intervenor in the above-captioned matter will meet and confer as to all outstanding discovery disputes extant between the two parties, as per Board Orders of August 24 and September 9,1981.

As Applicant provided hospitality #cr the previous df scovery conference of 3eptember 17, and since no arrareement has been made for the site of the second session, Intervenor will host it, at ',ne offices of the President of the !?uclear Inu Center, Ron 3akal, located at P447 Wilshire 31vd., Suite 409, in Los Angeles.

A proposed agenda is attached. In order to avoid further delays in the proceedings, Intervenor requests that Applicant come prepared to discuss any objections either part may have to discovery requests still outstanding. In particular, Intervenor notes that responses to Intervenor's three production requests of September 3 rnl 11 are due within a few days; any and all objections to said requests should be raised on the 16th in hopes of resolving them without resort to Motions to Compel and the like.

As noted on the attached agenda, certain documents offered by Applicant for inspection have not to date been produced.

Please come prepared to detail whether said documents have now been located and will be produced.

In addition, dispute continues reCarding production of the 1981 operating log; please be prepared to discuss this ratter as well.

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PDR ADOCK 05000142 C

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Counsel for Re6ents/page two Cctober 12, 1981 Problems appear to continue with regards the servin6 of copies of all correspondence and other written communication between two parties to the third party. Please come prepared to discuss this matter, in particular with regards written communication between Staff and Applicant as to Applicant's emergency plan, copies of which have apparently no', been served on Intervenor.

A copy of the agreements stipulated to at the last meet-and-confer session is included for signature by the appropriate representative of the Applier.nt.

Please come prepared to discuss these matters not resolved at tiie prevj ous session but which you have indicated willingness to reconsider.

Intervenor is prepared to discuss previous objections Applicant has raised to discovery of its physical security plan. Should the parties fail to reach agreement, Intervenor intends to within the next 3

few weeks reopen the discovery process on the security contention pursuant to the Board's direction in its Order cf July 1.

Prior to taking that i

acticn, Intervenor announces its willingness to discuss with Applicant its apparent objection to disclosure of its security plan.

Intervenor is prepared to discuss any other outstandin6 discovery disputes and trusts Applicant will be likewise so disposed.

Please contact raniel Hirsch at 478-0829 to confirm the October 16 conference or if there are any questions.

I Sincerely, h --

Mark Pollock l

Attorney for Intervenor COEMIITZE TO BRIDGE ThT GAP 6

enclosures: stipulation from 9/17 session proposed agenda for 10/16 session J

cc with enclosures: service list i

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C:;ITE3 3?AI23 CF AFIFICA EUCLEA'< RECULATCRY CC.EI53ICS QCPE TE ATChIC 3AFETY A!;D LICE :3I::C ?CA?

In the Yatter of rocket ::o. 50-142 T!E SECE';"3 CF THE U::IVER3ITY (Froposed Penewal of CF CALIFCP::IA racility License)

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(UCLA 3esearch Peactor)

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3TIFULATIC::

Fursuant to 3 card Order of August 24, 1981, representatives of the

?egents of the University of Califcrnia (Applicant) and the Connittee to 3 ridge the Cap (Intervenor), parties in the above-captioned natter, met and conferred on Septenter 17, 1981, at the offices of the AIplicant, in an attenpt to resolve discovery disputes relative to Intervenor's Third Set of Interrogatories, dated June 10, 1981.

At that :eeting, Applicant and Intervenor, ty their respective attorneys or authorized represertatives, stipulated and agreed as follows:

1. Intervenor agrees to withdraw Interroratories I-27d; II-45 III-12a-n III-34: V-25: VI-21; VI-35; VI-58; VI-60: VI-61: VII-1 VIII-18; IX-2; IX o; IX-13: !X-15; XII-40; and XVII-6.

Intervenor and Applicant agree that most of the questions withdrawn had teen previously answered in the time since initially asked, were redundar.t. or 7. coted by other respctnus.

2. Intervenor agrees to rewcrd, and Applicant agrees to answer as rew orded. Interrogatories I-27e, II-43, III-1), and VI-56.

The stipulated language is as fo11cus:

. I/27e.

What does Applicant telieve is the accident scenario that would lead to the " largest core danage and fissicn products release" possible?

II/43 The Daily Bruin of Fay 22, 1981, quotes UCLA nuclear engineering Professor William Kastenberg as saying ti.2t there has been a significant drop in the number of applicants applying to the enginrering school's graduate department of nuclear engineering.

Is that statement an accurate quote; if not why not?

a. If there has been any drop at all, please indicate the number of applicant applying for all years for which figures are available.

III/13 For answer (o) above, please answer the fellowing questions

a. Was the scram trip point reached?

b. Did any ' unusual incident", accident or other abncrnal occumnce occer as a result of the unlicensed cperator(s) running the reactor?

c. If the answer to (b) is affirmative, please detail precisely what event occurred, how it cccurred, and how it was rectified.

VI/56 Please identify any other Cobalt-60 contamination that has occurred at the facility and that nay have occurred, by date, description of source of Cobalt-60, and uhat was contaminated.

3. Applicant agrees, witt the exceptions of those Interrogatories withdraun, as identified in 1 above, and these Interrogatories still in dispute, identified below, to answer fully and completely all other Interrogatories in Intervanor's Third Set, dated June 10, 1981.

4.

a follow'd: interroratories renair in iirputc:

!! -2 3 ~! ha; !!-fa; I!-fb; !I-13c; ::I '?:; 7T ro; XII-2h; "* -E"; y'T-;0,a-c.

"cr there interrogatories, Applicant could neither agree to answer ncr

!ntervenor acree to withdraw said interrogatories.

however, applicant agrees to recensider its objections to the interrogatories listed in 4 above, excepting XII-24, 27, 30,a-c, objections to which were nade for asserted physical security reasons which Applicant states it is unabic to recensider.

Intervenor agrees to racensider its objections

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3 to Applicant's objecticns to the interrogater! ec list.ed in 4 above.

Mt c,r.nc1 for Applicant

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! Irk Pelleck Counsel for Intervenor

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pFCFCSED AGENDA DISCCVERY CCNFERENCE CCT. 16. 1981 t

1. agreenent to tape-record meeting

2. discussion of outstanding disputes identified in stipulation fron previous neeting and signing of said stipulation

3. discussion of Intervenor's and Applicant's objections, if any, to each other's last set of follow-up interrogatories

4. discussion of Intervenor's dispute with adequacy of certain of l

Applicant's answers to Set One Follow-Up Int errogatories

5. discussion of disputes arising out of Intervencr's September 3 request for inspection of NEL facility 4

6. discussion of disputes, if any, arising out of Intervenor's September 11 request for production of certain documents:

indbding but not limited to continuing dispute over production of 1981 operating log

7. discussion of any disputes arising out of Intervenor's September 11 request for inspection of NEL facility

8. discussion of documents previously offered for inspection but later reported as missing including all minutes during the 1960s of. the Reactor Fazards Committees the project planning guide /

building design criteria, and all building drawings for modifications

.since 1961 for the Boelter Hall complex operating log 71

9. security plan matters

10. service problems

11. scheduling of responses to outstanding discovery requests and final meet-and-confer session

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