ML20040A828
| ML20040A828 | |
| Person / Time | |
|---|---|
| Site: | 05000142 |
| Issue date: | 01/15/1982 |
| From: | Bowers E Atomic Safety and Licensing Board Panel |
| To: | CALIFORNIA, UNIV. OF, LOS ANGELES, CA |
| References | |
| ISSUANCES-OL, NUDOCS 8201220192 | |
| Download: ML20040A828 (2) | |
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%n m-UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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Before Administrative Judges:
ib Elizabeth S. Bowers, Chairman Dr. Emmeth A. Luebke
$[flE0 Ja 201982 In the Matter of Docket No. 50-142 OL 3lQ THE REGENTS OF THE UNIVERSITY (Proposed Renewal 98 k
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,6 ORDER RELATIVE TO CONTENTIONS
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In compliance with a Board request of August 27, 1981, the Staff furnished its compilation of the admitted contentions on September 2, 1981. On September 14, the Intervenor submitted a copy of its compila-tion of the admitted contentions. On October 27, the Intervenor sug-gested corrections to the Staff compilation of the admitted contentions.
The Staff responded on November 20 disagreeing in part with the pro-posed corrections.
The Staff and the Intervenor met on November 24 to discuss the language of the contentions as well as other discovery matters. The Intervenor reported to the Board on December 1 that tentative agree-ment was reached on the language of the contentions except for Contentions I.1, XIII and XIX. The Intervenor indicated that the difference relative to I.1 is no't consequential, 'the difference
/O relative to XIX is of somewhat greater consequence but the differ-ence relative to XIII is of primary consequence.
8201220192 820115 PDR ADOCK 05000142 C
PDR D
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- The Board has determined the following:
I.l.
The Intervenor has correctly quoted the Board's
. language in the March 20, 1981 order relative to the admitted contention.
XIII. When the Board issued its order on March 20, 1981, it considered the first sentence moot because of the commitment of UCLA at the February prehearing conference. Tr. 270.
It was neither admitted nor denied.
The 6ard had a right to assume the information sought would be furnished within a reasonable time but since that action has not been taken by UCLA, the Board will now consider the first sentence on its merits.
It alleges that information relative to the special nuclear materials license is lacking in the application.
This meets the criteria of 10 CFR H 2.714 and the first sentence of Contention XIII is admitted.
As stated by the Intervenor in the December 1 filing, when the missing information is furnished the matter will no longer be in dispute. This part of Contention XIII would then become moot as originally anticipated.
XIX.
When the Board considered this contention, it recited the Intervenor's language for the
" umbrella" paragraph to recognize the Intervenor's right to submit the wording of its own contentions.
The contention as admitted accepted this language.
Therefore, the contention as admitted does include the adequacy of the Applicant's analysis of the
" maximum credible accident" or " design basis accident" for this facility.
The Board has been gratified by the cooperation of the parties in conferring and the resulting resolution of numerous discovery disputes. We request a curr nt status report from all parties, including a schedule for completion of discovery.
FOR THE ATOMIC SAFETY AND LICENSING BOARD Y
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Elizgbeth S. Bowers, Chairman ADMINISTRATIVE JUDGE Bethesda, Maryland January 15, 1982