ML20032A025
| ML20032A025 | |
| Person / Time | |
|---|---|
| Site: | 05000142 |
| Issue date: | 10/19/1981 |
| From: | Cormier W CALIFORNIA, UNIV. OF, LOS ANGELES, CA |
| To: | |
| Shared Package | |
| ML20032A026 | List: |
| References | |
| NUDOCS 8110280163 | |
| Download: ML20032A025 (4) | |
Text
1 00CMETED USNRC 2
%I ET23 P4:i9 3
l 4
gFFIC OF SECRETARY 5
UNITEDSTATESOF'AMERk fhtfC
- NLCLEAR REGULATORY COMMISSION 6
BEFORE TIIE ATOMIC SAFETY AND LICENSING BOARD 7
8 9
In the Matter of
)
)
Docket-No'.
50-142 10 Ti!E REGENTS OF TIIE UNIVERSITY )
(Proposed Renewal of Facility OF CALIFORNIA
)
License Number R-71) 11
)
(UCLA Research Reactor)
)
October 19, 1981 12
)
13 14 APPLICANT'S RESPONSE TO INTERVENOR'S.SECOND REQUEST FOR INSPECTION AND TESTING 15
,\\
f0 ff1" 17 c'
OCT2 Y 1981 1
u., %*gsp,,u 18 DONALD L.
REID!!AhR,
19 GLENN R. WCODS 0
x 4' f sg p)
CIIRISTINE IIELWICK 20 590 University IIall 2200 University Avenue 21 Berkeley, California 94720 Telephone:
(415) 642-2822 Attorneys for Applicant TIIB REGENTS OF TI!E UNIVERSITY 24 OF CALIFORNIA 25 SC)1 26 O
.s 27 28 8110280163 811019' PDR ADOCK 05000142 G
+
1 1.
INTRODUCTION 2
3 Applicant, THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, 4
responds to Intervenor's request to enter upon Regents' property 5 for the purpose of inspection and measuring, photographing, and G
testing pursuant to 10 C.F.R. 2.741 as follows.
7 8
Applicant objects to the request on the basis that the 9
request fails to satisfy the requirements of 10 C. F. R.
2.741 and 10 that it imposes an unreasonable burden on Applicant's staff.
11 Notwithstanding that objection, in accordance with the Atomic 12 Safety and Licensing Board's Order of September 4, 1981 directing
.13 the parties to seek to resolve thei'r discovery disputes, Appli' cant
~
14 is prepared to meet and discuss Intervenor's request for 15 inspection and testing, a
16 4
~
17 II.
DISCUSSION 18 19 Entry upon a licensee's property for the purposes of 20 inspection and measuring, photographing and testing is governed 21 by 10 C.F.R. 2.741, which states, among other things, that the 22 items or areas to be inspected, measured, tested, or photographed 23 must be identified "with reasonable particularity" and the 24
" manner of making the inspection and performing the related 25
' acts" shall be specified.
Moreover, such inspection and testing 26 as may be permitted must be within the scope of 10 C.F.R. 2.740; 27 that is, it must.be reasonably calculated to lead to the 28 discoverf of admissible evidence and shall relate to those matters that ace in controversy.
Il
- se
l Although Intervenor's request, like its similar request-
~
2 of September 3, 1981, identifies certain areas it wishes to 3
examine, the request is vague in specifying the manner of 4
inspection; that is, what kind of inspection, by whom, what kind 5
of testing, with what equipment, what kind of measuring, by what 6
instruments.
Als'o it is not clear that the proposed scope of 7
inspection is reasonably calculated to lead to the discovery 8
of admissible evidence nor that it pertains strictly to matters 9
in controversy.
10 ll In addition, the proposed inapection and testing, like 12 I tic carlier request, will unreasonably interfere with Applicant's
-13 ncrmal operations and will excessively burden Applicant's staff.
14 a
'5 Applicant notes that Intervenor and Applicant have 1
l
.16 agreed to discuss the two reques'ts for inspecti~on'at the'earifes't'$
17 mutually convenient time (a meeting has been tentatively scheduled 18 for Thursday, October 22, 1981, from 8-10 a.m. at UCLA).
19 Applicant requests that Inter"enor be prepared to clarify its 20 requests at the time of the meeting as part of the effort to 21 resolve the disagreement.
Applicant stipulates that it will not 22 seek the intervention of the Atomic Safety and Licensing Board 23 until all reasonable efforts have been exhausted in the attempt 24 to resolve the disagreement.
25 26 III.
CONCLUSION 27 28 Applicant objects to Intervonor's request for inspection 1,
1 and testing but has agreed to meet with Intervenor in an attempt 2
to resolve the disagreement.
3 4
5 6
7 8
9 Dated:
October 19, 1981 10 r
11 D'ONALD L.
REIDHAAR GLENN R.
WOODS 12 CIIRISTINE IIELWICK 13 E
14 BY
/ _
l.
- William !!. Cormier 15 UCLA Representative
- ~
,39 17 18 19 20 21 22 23 24 25 2G 27 28 -