ML20051K946
| ML20051K946 | |
| Person / Time | |
|---|---|
| Site: | 05000142 |
| Issue date: | 05/13/1982 |
| From: | Woodhead C NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20051K281 | List: |
| References | |
| NUDOCS 8205170302 | |
| Download: ML20051K946 (5) | |
Text
O 06/13/82 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of THE REGENTS OF THE UNIVERSITY OF Docket No. 50-142 CALIFORNIA (Proposed Renewal of Facility l
License)
(UCLA Research Reactor)
NRC STAFF MOTION FOR REVOCATION OF BOARD ORDER SUSPENDING CONSIDERATION OF STAFF'S MOTION FOR
SUMMARY
DISPOSITION OF CONTENTION XX I.
THE MOTION NRC Staff moves the Board to order that responses be filed to the Staff % Motion for Summary Disposition of Contention XX, filed April 13, 1981 within twenty (20) days of the Order and for Board decision on the summary disposition motion.
II. BACKGROUND By Order of April 30, 19811/ the Board ruled that Staff's April 13, 1981 Motion for Summary Disposition of Contention XX was premature, and that Intervenor need not respond. The Board affirmed its ruling after granting Staff's motion for reconsideration of its order.2/
The reason given by the Board for ruling that the Staff's motion was premature was a discussion among the parties concerning scheduling which the Intervenor 1/
Order Relative to Intervenor's Motion to Strike, April 30, 1981.
2/
Order Relative to NRC Staff's Motion for Reconsideration of Board Order of April 30, 1981; June 9, 1981.
g2051703#b
understood to prohibit suninary disposition motions until thirty days after close of discovery (contemplated then to be July 30,1981).E Since this order, the original discovery schedule has been suspended,b but is now nearing completion, and discovery efforts are not now burdensome.
By Memorandum and Order of April 16, 1982, the Board ruled on certain motions regarding discovery and ordered the Intervenor to file the names and qualifications of its proposed experts in security matters and others for whom Intervenor wished access to UCLA's security materials and a proposed affidavit of nondisclosure and protective order. The Board did not include a requirement to show relevancy of the security plan to the contention concerning security matters.
Subsequently, Intervenor filed a proposed order and affidavit along with a motion to defer identification of proposed counsel, representatives and witnesses, although Intervenor provided the names in a sealed envelope to the Board Chairman.5_/
Because the Intervenor wishes to defer procedures to allow access to security information and because discovery is near completion, the Staff believes that it is now appropriate for the Board to consider the Staff's motion for suninary 3/
Order Relative to Intervenor's Motion to Strike, at 2.
-4/
Order Relative to Applicant's Motion for a Protective Order, Other Requests and an Adjusted Discovery Schedule, July 1,1981.
-5/
Intervenor's Motion for Deferral of Identification of Proposed Counsel, Representatives, and Witnesses as to the Physical Security Plan, April 23, 1981.
i
disposition of Contention XX (concerning safeguards at UCLA) since the major burden of discovery no longer lies on Intervenor and because a ruling on the summary disposition motion could forstall the difficulties explained by Intervenor in its motion in obtaining experts and counsel who would agree to a protective order and nondisclosure obligations.
If the Board should grant Staff's pending summary disposition motion, there would be no need to proceed with qualification and protected access procedures.
III. CONCLUSION For the reasons explained above, the Staff believes the Board should now consider Staff's motion for summary disposition of Contention XX after allowing responses to the motion within twenty days from the date of the order granting this motion.
Respectfully submitted, Colleen P. Woodhead Counsel for NRC Staff Dated at Bethesda, Maryland this 13th day of May, 1982.
1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
~
Docket No. 50-142 THE REGENTS OF THE UNIVERSITY OF.
)
Proposed Renewal of Facility
)
License)
(UCLA Research Reactor)
)
CERTIFICATE OF SERVICE i
I hereby certify that copies of "NRC STAFF RESPONSE TO INTERVEN0R'S MOTION FOR DEFERRAL 0F IDENTIFICATION OF PROPOSED COUNSEL, REPRESENTATIVES AND WITNESSES AS TO PilYSICAL SECURITY MATTER", "NRC STAFF RESPONSE TO NOTICE OF INTENT TO PARTICIPATE BY THE CITY OF SANTA MONICA" and "NRC STAFF MOTION FOR REVOCATION OF BOARD ORDER SUSPENDING CONSIDERATION OF THE STAFF'S MOTION FOR
SUMMARY
DISPOSITION OF CONTENTION XX" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 13th day of May, 1982:
John H. Frye, III, Chairman Mr. John Bay Administrative Judge 3755 Divisadero #203 Atomic Safety and Licensing Board San Francisco, CA :94123 U.S. Nuclear Regulatory Commission Washington, DC 20555 Christine Helwick, Esq.
Glenn R. Woods, Esq.
Dr. Enneth A. Luebke*
Office of General Counsel Administrative Judge 2200 University Avenue 1
Atomic Safety and Licensing Board 590 University Hall U.S. Nuclear Regulatory Commission Berkeley, CA 94720 Washington, DC 20555 Roger Holt. Esq.
Dr. Uscar H. Paris
- Office of City Attorney Administrative Judge 200 North Main Street Atomic Safety and Licensing Board City Hall East, Room 1700 U.S. Nuclear Regulatory Commission Los Angeles, CA 90012 Washington, DC 20555 Daniel Hirsch Box 1186 Committee to Bridge the Gap Ben Lomond, CA 95005 1637 Butler Avenue, #203 i
Los Angeles, CA 900pg Nuclear Law Center c/o Dorothy Thompson William H. Cormier, Esq.
6300 Wilshire #1200 i
Office of Administrative Vice Los Angeles, CA 90048 Chancellor University of California at Atomic Safety and Licensing Board Los Angeles Panel
- 405 Hilgard Avenue U.S. Nuclear Regulatory Connission Los Angeles, CA 90024 Washington, DC 20555 i
. Atomic Safety and Licensing Appeal Robert M. Meyers Panel (5)*
City Attorney U.S. Nuclear Regulatory Comission Sarah J. Shirley Washington, DC 20555 Deputy City Attorney 1685 Main Street, Room 310 Docketing and Service Section ( )*
Santa Monica, CA 90401 Office of the Secretary U.S. Nuclear Regulatory Comission Washington, DC 20555 4161 Stuart A. Treby Assistant Chief Heari Counsel l
l
[
l l
I i
l
.-