ML20032B080
| ML20032B080 | |
| Person / Time | |
|---|---|
| Site: | 05000142 |
| Issue date: | 10/27/1981 |
| From: | Hirsch D COMMITTEE TO BRIDGE THE GAP |
| To: | Woodhead C NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| Shared Package | |
| ML20032B063 | List: |
| References | |
| NUDOCS 8111040369 | |
| Download: ML20032B080 (9) | |
Text
.
COMMITTEE TO BRIDGE THE GAP 1637 BUTLER AVENUE s203 T
LOS ANGELES, CALIFORNIA 90025 gC (213) 478-0829 Cctober 27, 1981
'N NT 30 PI:06 CAA-0FFICE OF SECRETARY Collen P. Woodhead, Esq.
DOCMETING & SERVICE Counsel fcr NRC Staff CRANCH U.S. Nuclear Regulatory Commission RE: DISCOVERY CONFERENCE ECCKET NO. 50-142, PRCPCSED RENEWAL--UCIA REACTCR tear F.s. Woodhead:
I an in receipt of your letter of October 14 regarding setting of a discovery conference as to the matter of Intervenor's interrogatories to Staff. In your letter you request that Intervenor review the interrogatories to determine those which we believe concern information necessary and unavailable elsewhere. You also indicate it would be
" helpful for you to identify the contention to which each interrogatory relates."
We are in the process of so reviewing the interrogatories.
We suggest that at the same time, pursuant to Board Order of Cetober 13, Staff review the interrogatories and to recognize, prior to the meeting, those questions which are necessary to furnish information for a sound decision and for which the information is not otherwise available.
I suggest that when either party has completed the review the Board has directed, it contact the other party to set up a date for a meet-and-confer session. As soon as we have completed our review, we will contact you, and we trust as soca as you have completed your l
review, you will do the same.
l l
We suggest two other issues be discussed as well. In reviewing Mr. Pollock's files subsequent to his withdrawal as counsel, I noticed several Staff documents Which had been served on him and not on myself, l
plus indication of possible Staff-Applicant correspondence which may not
(
have been served either to Fr. Pollock or myself. I propose we briefly l
discuss service of such documents, particularly Staff-Applicant communication,-
to iron out any problems. In addition, I propose we discuss the matter i
of notification of Intervenor of any Staff-Applicant meetings. Iastly, if Staff takes issue with any of the corrections to the typcgraphical and editorial errors we noted in Staff's compilation of September 2 of the admitted contentions, we suggest that matter be discussed as well.
As a courtesy, please be informed that Applicant has requested that we discuss with it at our next discovery conference (November 4) l l
suggestions it wishes to raise regarding possible withdrawal or modification of contentions. Intervenor does not know at this time what those proposals may be, but as they cay affect Staff, we trust Applicant will keep you informed. Intervenor has also prpposed to Applicant that we discuss suggestions of either party as to mutually a6:eeable methods of dealing with the security contention in a fashion that maximizes 8111040369 811027 i
PDR ADOCK 05000142 G
s Colleen P. Woodhead/2 N I9 he egua: ding of the information and t!.e ability of the Board to rake its decision lased on a complete decisional record. Intervenor would te pleased to discuss any suggestions Staff might have in this ratter, prior.to Intervenor's moving the Board to re-open discovery on security.
I will be leaving Los Angeles sometime between November 5 and 11, returning to 3en Iomond until early January. I can be reached in Los Angeles at (213) 478-0829, in 3en Iocond at (408) 336-5381, with messages always available to be left at the Los Angeles number.
Our discovery conference can take place by phone or in person in the San Francisco Say area (3en Lomond is not far).
We look forward to hearing from you when your review of the interrogatories is comple tot we will contact you as soon as our review is completed: and we trust thatsthe discovery conference to be set up at that time 'will resolve the disputes so that action by the Board will not be necessary.
f Sincerely, Daniel Hirsch President CCDTITEE TO 3 RIDGE T}E GAP 1
cc service list
f [
COMMITTEE TO BRIDGE THE GAP 1637 BUTLER AVENUE v203 DOWETED LOS ANGELES, CAUFORNIA 90025 USNRC (213) 478-082a Cetober 27, IIIL (M 30 PM
[0C S[C ETA I
Elizabeth S. Bowers, Chairman Dr. Cscar H. Paris Administrative Judge Administrative Judge BRkNCH py Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washingten, D.C. 20555 Dr. Emmeth A. Luebke Administrative Judge DOCKET 50-142 Atomic Safety and Licensing Board PROPOSED RENEWAI/UCLA REACTOR ~
U.S. Nuclear Regulatory Commission Fashington, D.C. 20555 RE: PROGRESS PIFORT ON EFFORTS TO RESOLVE DISCOVERY DISPITIES Dear Administrative Judgess As per your recent Czders, representatives of Applicant and Intervenor have met and conferred on September 17, Cetober 16, and October 22 in attempts to resolve discovery disputes extant between the parties.
Agreement was reached on a number of issues, and progress made towards agreement on certain other issues. The parties will meet again on-November 4, with at least one more discovery conference likely thereafter.
Intervenor and Applicant will serve responses to outstanding interrogatories on November 9.
Should there be dispute about the adequacy of the responses, the parties will meet shortly thereafter in an attempt to resolve any such disagreements. Applicant has offered to produce certain documents for inspection the week of November 9, although some dispute remains as to certain items requested to be produced.
Hopefully those disagreements will be resolved at the discovery conference on November 4 After reaching some tentative agreements as to Inter /enor's two requests for permission to enter upon Applicant's facility for purposes of inspection, photographing and measuring, Applicant has indicated it i
will attempt to bring to the November 4 conference a proposal that may resolve the remaining disputes about the inspection requests.
Written stipulations have been drafted as to agrsements reached at each discovery sessient generally presented for signature at the su'. sequent conference, they have required come modification and/cr consultation with, in the case of Applicant, counsel not present at the conference. To date, none of the stipulation draf ts have been signed in final forms when they are, they will be forwarded to the Board.
Hodever, because of the time delay involved between agreement reached at discovery conference and final signature on written stipulation, it is likely that, should agreement be reached on Intervenor's requests for inspection of the UCLA facility, actual inspection will take place several weeks after initial agreement has been reached.
A i-
..,.er-N I9 Ne dispute over whether Applicant has a duty to serve on IntervenorIcInt p enor ha copies of Applicant-Staff correspondence. And Applicant has placed
..on the agenda certain suggestions it w s es to make regarding withdrawal ih or modification of Intervenor's contentions.
Intervenor and Applicant will continue to meet and confer in order to resolve those disputes which can be resolved between the parties without necessity of Soard intervention. The Board will be kept apprised of progress toward resolving these disputes.
With regards the dispute between Staff and Intervenor as to Intervenor's interrogatories to Staff, we are, as per Board Order of Cetober 13 and Staff's letter of October 14, in process of reviewing the interrogatories prior to the meeting and prioritizing the items in an effort to reduce their number. We have requested that the Staff, as per the Board Order, review the interrogatoriss and recognize, prior to the meeting, those questions which are necessary to furnish information for a sound decision and for which the information is not otherwise available.
We have also suggested that two other items be discussed at the Intervenor-Staff meetings service on Intervenor of Staff-Applicant correspondence (and notification of Staff-Applicant mastings), and the language, as admitted, of the contentions, due to the discrepancies between the version Staff forwarded to the Board on September 2 and the language Intervenor understands as having been admitted. We trust the discrepancies are typographical or editorial errors and readily resolved.
As soon as Intervenor and Staff have conducted the reviews of the interrogatories directed by the Board to be done prior to meeting, a meeting will be arranged to attempt to reach a resolution on the matter.
The Board will, of course, be kept informed of developments.
Respectfull
- ubmitjed,
/
/
/-
~
Daniel Hirsch President COMMITTEE TO BRIDGE ThT CAP cc service list
'~
COMMITTEE TO BRIDGE THE GAP 1637 BUTLER AVENUE m203 LOS ANGELES, CALIFORNIA 90025 (213) 478 6 00tMETED Usk'qC Cetober 27, 1981 lEMO TO 20ARD, PARTIES, AND DCCKETINc E T 3 0 p ;,. g RE: SERVICE LIST -- DOCKET. 50-142. PRCPCSED RENWAL-UCLA REACTOR (ET?tt yq';CE RY 3
For you convenience, please find below the current service list BR flCH for Intervenor. Please note that Daniel Hirsch, currently in Ios Angeles, will be returning to 3en Lomond in early November, intending to rerain there until early January.
CURRENT SERVICE ADDRESS CURRENT PHONE NUK3ER Committee to Bridge the Gap (213)478-0829 1637 Butler Avenue Los Angeles, CA.90025 Daniel Hirsch (408) 336-5381 e
er Center (me8886es can be left at cac cnice 3en Lomond, CA 95005 in Los Angelas)
It. John Bay 2261 Columbia Street Palo Al+1, CA 94306 When replacement counsel is appointed by the Nuclear Law Center, we will request said counsel be added to the service list.
i
/
\\
Sin'cerely,
/
' f~ pls '
Il i
A./dwer Daniel Hirsch l
President CCEMITIEE TO 3 RIDGE THE GAP
[
l I
cc service list l
l l
l l
l L
W m'
COMMITTEE TO BRIDGE THE GAP 4
1637 BUTLER AVENUE s203 LOS ANGELES CAUFORNIA 90025, e a p,..
(213) 478M9
' f3 16' 0
ED Cctober 27, 1981 UM P1t Elizabeth S. Bowers, Chairman Dr. Cacar H. Paris hC[I[f O
g Administrative Judge Administrative Judge
['
Atomic Safety and Licensing Board Atomic Safety and Licensiag Boar S
g H
U.S. Nuclear Regulatory Commission U.S. Nuclesr Re6ulatory Commission Wadlington, D.C. 20555 washingten, D.C. 20555 Dr. Emmeth A. Luebke Addnistrative Judge Atomic Safety and Licensirg Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 RE: LANGUAGE OF CONTENTIONS, AS ADh1 TIED BY THE 3 CARD (DCCKET 50-142, PROPOSED RENEWAL--UCIA REACICR)
Dear Administrative Judges:
3y Czder of August 27, 1981, the Board : equested Staff to prepare a compilation of the contentions admitted to date, with the language revisions contained in the Boarti's !%rch 20, 1981 Crder. On September 2, the Staff responded.
Intervenor has noticed in the September 2 compilation a few typographical or editorial errors. Please find enclosed a list of the relevant corrections.
Should Staff view any of these items differently from Intervenor, Intervenor suggests the matter be discussed at the upcoming meet-and-confer session.
f
/
Respectfully submitted,
' 4.o Daniel Hirsch President COMMITTEE TO 3 RIDGE TliE GAF enclosure: " CORRECTIONS TO NRC STAFF COEPIIATION OF ADMITTED CONTEKTIONS, SU3MITIED 9/2/81" l
ccw/ enclosures service list
M DQQD y b6130 P5 ducn0US TO N3C STAFF COMPIMUCN x
U mus, suamED 9/2/81 cmdc C'EECMyj g.ng IB' ge wi W""~
p wr s...
' ' I'.1 should read "... experimental vibration of the reactor is misleading."
V.11 should read "...the current licensed limit (+ 2.3) delta k/k)..."
ZIII should read "The infomation which Applicant has provided regarding the special nuclear materials license is inadequate to meet the requirements of 10 CF3 70.22(a)(7) and (a)(8) and 70.24(a)(1), (2), and (3). Furthemore, the enrichment level..."
XIX should read "The Application's Safety Analysis is flawed because it does not include an analysis of the 'vhm credible accident' or a ' design basis accident'.
In providing such an analysis the following hazard scenarios..."
- C2.5 should read " Applicant does not have adequate radiation neasuring devices to accurately detez..ine the extent and
- i seriousness of an accident which would make the University initiate its energency response plan."
By Board Order of March 20, 1981, the following contentions were deferred:
X.3a-c; X.4a-f; XXIII.la-b,2a-b, 3a-b, s
f u.
- - - - - - - - - - - - - - - - - - - - -. - - = - - - - - - - -. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ' - - -
' ~
COMMITTEE TO BRIDGE THE GAP 1637 BUTLER AVENUE =203 000KETED LOS ANGELES, CALIFORNIA 90025 U%RC (213) 478-0829 va
?
Cotober 27, SI31(m 4'i P1:06 Collen P. Woodhead Esq.
[0C ItG i RVI Counsel for NRC Staff BRANCH U.S. Nuclear Regulatory Commission RE: DISCOVERY CONFERENCE ECCKET NC. 50-142. PRCPCSED RENEWAI.--UCIA REACTOR Eear F.s. Woodhend I am in receipt of your letter of October 14 regarding setting of a discovery conference as to the matter of Intervenor's interrogatories to Staff. In your letter you request that Intervenor review the interrogatories to determine those which we believe concern information necessary and unavailable elsewhere. You also indicate it would be
" helpful for you to identify the contention to which each interrogatory relates."
We are in the process of so reviewing the interrogatories.
We suggest that at the same time, pursuant to 3 card Czder of. October 13, Staff review the interrogatories and to recognize, prior to the meeting, those questions which are necessary to furnish information for a sound decision and fc-which the information is not otherwise available.
I suggest that when eith-party has completed the review the Board has directed, it contact the other party to set up a date for a meet-and-confer session. As soon as we have completed our review, we will contact you, and we trust as soon as you have completed your review, you will do the same.
l We suggest two other issues be discussed as well. In reviewing Mr. Pollock's files subsequent to his withdrawal as counsel, I noticed several Staif documents which had been served on him and not on myself, plus indication of possible Staff-Applicant correspondence which may not have been served either to Mr. Pollock or myself. I propose we briefly discuss service of such documents, particularly Staff-Applicant communication, to iron out any problems. In addition, I propose we discuss the ratter of notification of Intervenor of any Staff-Applicant meetings. Iastly, if Staff takes issue with any of the corrections to the typo 6raphical and editorial errors we noted in Staff's compilation of September 2 l
cf the admitted contentions, we suggest that matter be discussed as well.
l As a courtesy, please be informed that Applicant has requested tnat we discuss with it at our next discovery conference (November 4) suggestions it wishes to raise regarding possible withdrawal or modification of contentions. Intervenor does not know at this time what those proposals may be, but as they ray affect Staff, we trust Applicant will keep you informed.
Intervenor hr.s also proposed to Applicant that we discuss suggestions of either party as to mutually agreeable methods of dealing with the security contention in a fashion that maximizes l
l
+.
ColleenP.Woodhead/2 beNeguaNing of the information arxi the ability of the 2ctrd to rake its decision tased on a complete decisional record. Intervencr would te pleased to; discuss any suggestions Staff might have in this matter, prior t.o Intervenor's moving the Board to re-open discovery en security.
I will be leaving Los Angeles sometime between Novenber 5 and 11, returning to Ben Lomond until early January. I can be reached in Los Angeles at (213) 478-0829, in 3en Lomond at (408) 336-5381, with messages always available to be left at the Los Angeles number.
Our discovery conference can take place by phone or in person in the San Francisco Bay area (Son Immond is not far).
We look forward to hearing from you when your review of the interrogatories is comple ter we will contact you as soon as our review is completed: and we trust thak the discovery conference to be set, up at that time 'will resolve the disputes so that action by the Board will not be necessary.
f Sincerely, j
/t' /-
/
C/
Daniel Hirsch President CCITITTEE TO 3RIEGE TE CAP l
cc service list
._