ML20052F380

Notice of Intent to Participate as Interested Municipality Per 10CFR2.715(c).Santa Monica City Council Resolution & Declaration of Svc Encl

ML20052F380
Person / Time
Site:	05000142
Issue date:	05/06/1982
From:	Shirley S SANTA MONICA, CA
To:
References
NUDOCS 8205120404
Download: ML20052F380 (13)

Text

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CN Ein ROBERT M. MYERS City Attorney SARAH J. SHIRLEY .n'~7 L,.,n 10 ,s, t,,

Deputy City Attorney 168 5 Main Street, Room 310 m Santa Monica, California 90401 O (213) 393-9975 ext. 321 g

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CITY OF SANTA MONICA '[ /. ek -U f / TG 1 9

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '

Q BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) Docket No. 50-142

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THE REGENTS OF THE UNIVERSITY ) (Proposed Renewal of OF CALIFORNIA ) License No. R-71)

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(UCLA Research Reactor) )

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NOTICE OF INTENT TO PARTICIPATE AS AN INTERESTED MUNICIPALITY PURSUANT TO 10 CFR 2.715(c)

COMES NOW the City of Santa Monica, California, by and through its City Attorney, Robert M. Myers, acting at the l direction of the City Council of the City of Santa Monica, and hereby serves notice upon the Atomic Safety and Licensing Board and all Parties herein of its intent to participate pursuant to Section 2.715(c) of the Rules and Regulations of the United States Nuclear Regulatory Commission as an Interested t

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Municipality in the above-captioned proceedings.

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I NATURE OF PARTICIPATION Participation by the City of Santa Monica (hereinafter O 1 h$hkbOC O g

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" City) as an Interested Municipality herein is pursuant to and authorized by 10 CFR 2.715(c), which provides as follows:

"The presiding of ficer will afford representatives of an interested State, -

county, municipality, and/or agencies thereof, a reasonable opportunity to participate and to introduce evidence, interrogate witnesses and advise the Commission without requiring the representative to take a position with respect to the issue. Such participants may also file proposed findings and exceptions pursuant to Sections 2.754 and 2.762 and petitions for review by the Commission pursuant to Secion 2.786. The presiding of ficer may require such representative to indicate with reasonable specificity, in advance of the hearing, the subject matters on which he desires to participate."

The City intends to exercise its right to participate in these proceedings, to introduce evidence, to cross-examine witnesses, to advise the Commission and to exercise any and all other rights af forded interested governmental agencies. Furthermore, the City intends to participate in future discovery, expecially insofar as same relates to the UCLA emergency and security plans. With respect to past discovery, however, the City fully understands that it " takes this proceeding as it finds it."

It should be noted that the City does not seek to participate in these proceedings pursuant to the provisions of 10 C.F.R. S 2.714, which set forth the procedure for intervening as e full party, and which mandate that petitioners for party status satisfy such requirements as timely filing of the petition for leave to intervene. No such requirement is made of those governmental agencies participating pursuant to 10 C.F.R. S 715(c). .

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II BACKGROUND On October 6, 1981, a citizen of the City of Santa Monica brought to the attention of the City Council of the City of Santa Monica the fact that the University of California had applied to the Commission for the relicensing of it nuclear reactor at nearby UCLA, and expressed his concern about possible adverse ef fects upon residents of the City should that license be granted. Although notice of the filing of the application had been served by the University upon the City of Los Angeles, no such notification had been provided the City of Santa Monica, which first learned of the pending application on the above-mentioned date.

Af ter hearing testimony from numerous concerned citizens, the City Council directed City Attorney Robert M. Myers to prepare a resolution on the matter for consideration by the Council. On November 3,1981, a second public hearing was held concerning the relicensing, and the proposed resolution was brought before the City Council for consideration. After a lengthy hearing, the Council duly adopted Resolution 6388, a copy of which is attached hereto as Exhibit "A".

The Resolution, which sets forth the concerns and interests of the City of Santa Monica and its residents with respect to the proposed relicensing, urged the Regents of the University of California to withdraw the application for relicensing of the UCLA nuclear reactor. In the event the Regents declined to withdraw their application, the Resolution directed the Santa Monica City Attorney to participate in the -

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proceedings pending before the Commission by entering a limited appearance on behalf of the City. By letter dated November 23, 1981, the City Attorney forwarded copies of Resolution 6388 to ,

each and every member of the University of California Board of Regents.

Donald Reidhaar, General Counsel for the University of California Board of Regents, responded by letter dated December 29, 1981, wherein he stated that "the University does intend to pursue its relicensing application with the Nuclear Regulatory Commission." Inasmuch as copies of the Resolution had been sent to all members of the Board of Regents, the City afforded the individual members thereof a reasoanble time within which to respond to the Resolution. No response has been received to date. Thus, the City must assume that the statement of Mr.

Reidhaar quoted hereinabove represents tne official response of the University Regents, and it is now evident that the application for relicensing will not be withdrawn by the University Regents. Accordingly, as directed by the City Council in Resolution 6388, the City Attorney notices the Commission, the Board of Regents and all parties of its intent to avail itself of its rights under 10 CFR 2.715(c) to participate in a limited fashion in these proceedings as an Interested Municipality.

III INTEREST OF THE CITY Resolution 6388 details the interests and concerns of the I City of Santa Monica with respect to the relicensing of the l

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UCLA reactor. Among the concerns and interests are the followi ng :

1. The proximity of the UCLA nuclear reactor to the City of Los Angeles - Santa Monica boundary, a distance of approximately three miles, poses a serious threat to the health and safety of the City and its citizens should any accident or natural disaster, such as fire or earthquake, occur affecting said reactor.

2. Drinking water for the City of Santa Monica is supplied by underground wells, some of which are located downstream from the UCLA reactor. All uater from the wells is collected and treated approximately three miles from the reactor at the City's Arcadia Treatment Plant, 1228 South Bundy, West Los Angeles, where it is exposed to the open air while held for treatment. There exists a very real danger of contamination of the City's water supply resulting from radioactive emissions should an accident or natural disaster occur affecting said reactor.

The City respectfully submits that its interests herein, as described hereinabove and more fully in Resolution 6388, are peculiar to the City of Santa Monica and are different from those of any other party to this proceeding. Participation by the City is necessary to insure the adequate protection and representation of those interests.

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IV SUBJECT MATTER TO BE ADDRESSED The City of Santa Monica intends to address those matters which have already been placed in controversy by Intervenor Committee to Bridge the Gap, particularly questions regarding the adequacy of the UCLA emergency and security plans. The City also reserves its right to take a position on all issues in contention at the present time, and on those which develop hereinafter in the course of these proceedings. As recognized previously, however, the City understands that, as an Interested Municipality, it takes these proceedings as it finds them, and its participation will therefore neither serve to broaden the matters at issue herein nor to delay these proceedings.

V MISCELLANEOUS MATTERS The City hereby requests that it immediately be placed on the service list, so that it receives copies of all orders,

. notifications, pleadings and documents hereafter filed by or l

I with the Board, the Staff and/or the Applicant. By separate req ue s t , the City will ask the various parties to provide it l

with copies of certain documents heretofore filed, including the Application, the Safety Evaluation Report ( S ER) , the Environmental Impact Appraisal (EIA) and the three studies performed by Staf f's consultants.

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VI CONCLUSION As fully set forth hereinabove, the City of Santa Monica submits that it has demonstrated its interest in the instant proceedings, and that is entitled to participate herein in a limited fashion as an Interested Municipality pursuant to the provisions of 10 CFR 2.715(c). The City respectfully requests that the Board accept for filing this Notice of Intent to so participate.

DATED:

Respectfully submitted, ROBERT M. MYERS City Attorney SARAH J. SHIRLEY Deputy City Attorney 168 5 Main Street, Room 310 Santa Monica, California 90401 (213) 393-9975 ext. 321 By dCd f-<A k

SARAH J. SHIRLEY Deputy City Attorney Attorneys for City of Santa Monica I

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. .i CA:RMM:r Council Meeting 10-27-81 Santa Monica, California RESOLUTION NUMBER 6388 (City Council Series)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA IN OPPOSITION TO THE RELICENSING OF THE UCLA NUCLEAR REACTOR WH EREAS , in 1959 a nuclear reactor was built at the campus of the University of California at Los Angeles (UCLA);

and s WHEREAS, UCLA has filed an application with the Nuclear Regulatory Commission to relicense the reactor to the year 2000; and WHEREAS, the reactor was built by AMF, a company that built only two other reactors and shortly thereafter went out

. of the reactor business; and WHEREAS, the reactor is located at Boelter Hall in an ordinary, non-airtight room; and WHEREAS, the reactor was originally constructed for research and education; and WHEREAS, the reacter is seldom used for the purpose for which it was constructed but is used primarily by private industry for uranium ore assaying and the coloring of commer-cial jewelry; and WHEREAS, the reactor presents a serious threat to the EXHIBIT "A" .'

health and safety of the UCLA community and surrounding com-munities because the reactor is old and difficult to repair, is from time to time operated by unlicensed operators, has

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been found by the Nuclear Regulatory Commission to be in vio-lation of federal law on a number of occasions, is not pro-tected by adequate security, is not surrounded by a safety buffer zone, has no containment structure, and is releasing excessive concentrations of radioactive gas into the atmo-sphere on a daily basis; and WHEREAS, the reactor, unlike many modern reactors, uses bomb-grade uranium and poses a threat to nuclear weapons pro-liferation should the material be diverted or stolen; and WHEREAS, an accident at the reactor could pose a signi-ficant hazard to residents of the City of Santa Monica by sending radioactive plume throughout the area or by contami-nating groundwater supplies; and WHEREAS, a large number of residents of the City of Santa Monica work or study at UCLA and risk being exposed to the excessive concentrations of radioactive gas; and WHEREAS, the Nuclear Regulatory Commission has indicated that the reactor fails to meet federal guidelines in 37 different ways by failing to provide an emergency plan should there be difficulties with the reactor; and WHEREAS, the costs of operating the reactor and the benefits gained from its operation do not outweigh the risks from the continued operation of the reactor; and WHEREAS, no public purpose is served by the taxpayers of the State of California paying for the operation of a reactor that is used primarily by private commercial busi-nesses; and .

WHEREAS, the operation of the reactor is costly at a time when concerns about fiscal prudence by public institu-tions is a major concern of citizens; and WHEREAS, the Regents of the University of California .

should not spend taxpayer dollars and should not risk the health and safety of students and surrounding communities by seeking the relicensing of the reactor, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:

SECTION 1. The City Council of the City of Santa Monica urges the Regents of the University of California to withdraw the application for relicensing of the UCLA reactor currently pending before the Nuclear Regulatory Commission.

SECTION 2. In the event the Regents of the University of California decline to withdraw the application, the City Attorney is directed to participate in the proceedings cur-rently pending before the Nuclear Regulatory Commission by entering a limited appearance on behalf of the City of Santa Monica in opposition to the relicensing of the reactor. In addition, the City Attorney is directed to file in those proceedings such other papers, including an amicus curiae brief, that he deems appropriate.

SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter

the same shall be in full force and effect.

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l APPROVED AS TO FORM:

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(V I ROBERT M. MYERS City Attorney l

4 ADOPTED AND APPROVED THIS 3rd ~0AY OF November , 1981, k, -

MAYOR Y I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION NO. 6388 WAS DULY ADOPTED BY THE CITY COUNCIL OF THE

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CITY OF SAflTA MONICA AT A REGULAR MEETING THEREOF HELD ON l November 3 , 1981 BY THE FOLL0llING COUNCIL VOTE:

AYES: COUNCILMEMBERS: Conn, Edwards, Press, Zane Mayor Yannatta Goldway N0ES: COUNCILMEMBERS: Jennings ABSENT: COUNCILMEMBERS: Reed ABSTAIN: COUNCILMEMBERS: None ATTEST:

L Yk J/w CITY CLERK .

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' UNITED STATES OF AMERICA 2 NUCLEAR REGULATORY COMMISSION l

BEFORE Tile ATOMIC SAFETY AND LICENSING BOARD i

In the Matter of ) Docket No. 50-142

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Tile REGENTS OF THE UNIVERSITY ) (Proposed Renewal of OF CALIFORNIA ) Facility License)

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(UCLA Research Reactor) )

i DECLARATION OF SERVICE

} I hereby declare that copies of the attached:

NOTICE OF INTENT TO PARTICIPATE AS AN INTERESTED i

MUNICIPALITY PURSUANT TO 10 CFR 2.715(c) in the above-captioned proceeding have been served upon the service list attached hereto as Exhibit A by deposit in the United States mail, first class, postage prepaid, addressed as indicated, on this the 6th day of May, 1982.

c tc4. YAt4dm' SARAll StilRLEY

, Deputy City Attorney l

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EXHIBIT "A" SERVICE LIST John H. Frye, III, Chairman. Dr. Emmeth A. Luebke Atomic Safety & Licensing Board Adminis~trative Judge U.S. Nuclear Regulatory Commission Atomic Safety & Licensing Board Washington, D.C. 20555 U.S. Nuclear Regulatory Commission ,

Washington, D.C. 20555 Dr. Oscar H. Paris - Chief, Docketing and Service Section Administrative Judge Office of the Secretary Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Nashington, D.C. 20555 Washington, D.C. 20555 Counsel for NRC Staff William H. Cormier U.S. Nuclear Regulatory Commission Office of Administrative Vice Washington, D.C. 20555 Chancellor Attn: Ms. Colleen Woodhead University of California 405 Hilgard Avenue Los Angeles, California 90024 Christine Helwick Mr. John Bay Glenn R. Woods 3755 Divisadero #203 Office of General Counsel San Francisco, CA 94123 590 University Hall 2200 University Avenue Barkeley, CA 94720 COMMITTEE TO BRIDGE THE GAP Daniel Hirsch 1637 Butler Avenue #203 Box 1186 Los Angeles, CA 90025 Ben Lomond, CA 95005 Nuclear Law Center c/o Dorothy Thompson 6300 Wilshire #1200 Los Angeles, CA 90048 4

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