ML20053A526
| ML20053A526 | |
| Person / Time | |
|---|---|
| Site: | 05000142 |
| Issue date: | 05/19/1982 |
| From: | Cormier W CALIFORNIA, UNIV. OF, LOS ANGELES, CA |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8205260182 | |
| Download: ML20053A526 (12) | |
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UNITED STATES OF AMERICA +37 g 74 g g NUCLEAR REGULATORY COMMISSIOh f
4' s ',? ' N -.
'b 5-f BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 6jj 7!l l
8* In the Matter of
)
Docket No. 50-142
)
(Proposed Renewal of Facility 9 I THE REGENTS OF THE UNIVERSITY)
License Number R-71 OF CALIFORNIA
)
May 19, 1982 10
)
l (UCLA Research Reactor
)
11 j 12 UNIVERSITY'S RESPONSE TO NOTICE OF INTENT TO PARTICIPATE 13 The City Attorney of the City of Santa Monica filed 14 l
15 la notice of intent to participate in the above-entitled i
16.' proceeding as an interested municipality pursuant to 10 C.F.R. 17 Sec. 2.715(c).
The notice was filed May 6, 1982.
Attached to 18 the notice was Santa Monica City Council Resolution Number 6388, 19 which identifies the claimed interests and concerns of the City 1
20 of Santa Monica (City) with respect to the relicensing of the 21 UCLA'research reactor.
l 22 University takes no position 'with regard to City's e
i 23 notice that it desires to participate as an " interested 24 l municipality".
The University does submit, however, that the 25 concerns expressed by City are unreasonable, based as they are 26 I I
the unexamined representations that were made by CBG at the l
icn1 27
!! November City Council meeting when the resolution was passed.
l b5o3 28 '
I l
' I
'82052['60\\ % 9 6 e
l' o'
lh (The Santa Monica City Council did not invite University to 2 ! participate in its deliberations on its resolution; University 3 'il responded to the City C'ouncil's action in a letter from its 4
General Counsel dated December 29, 1981, a copy of which is 5[ attached hereto as Exhibit "A".)
b 6h 7
In addition to the above, University takes exception i
8li to the statement on page 2 of City's Notice of Intent to l
- 9. Participate that City, in addition to exercising the specific l
10 ; rights to participation authorized by 10 C.F.R.
Sec. 2.715(c),
11 ' intends "to participate in future discovery expecially [ sic]
12 insofar as same relates to the UCLA emergency and security plans".
13 i
I 14 According to the Commission's general provisions i
15 governing discovery it is only " parties' who may obtain discovery.
i 16 l 10 C. F. R. Sec. 2.74 0 (a).
Any person who wishes to proceed as a 1
17 ' party must file and have accepted by the Board a written petition 18 for leave to intervene.
10 C.F.R. Sec. 2.714 (a) (1).
City's 19 h proposed participation is as a non-party under Section 2.715 and, 20 therefore, City is not entitled to obtain discovery during this 21 proceeding.
22 23 Dated:
May 19, 1982.
24 DONALD L.
REIDHAAR GLENN R. WOODS 25 CHRISTINE HELWICK l
By 27h William 'ET Cormier i
l' UCLA Representative i
28[
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THE REGENTS OF THE UNIVERSITY l
i OF CALIFORNIA l
d !
n i
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Ti!E REGENTS OF TIIE II L
UNIVERSITY OF CAL 1FORN!A U
Donaia t R,,dhaa, assuTm couNsEt CENF ILAL COUNSEL Phihr E. Spekerrnan Jarnes E. Hols:
A. Jan Behrsen h._
coONSEL Chnstme Helmsch
/' Ti g-CHIEF A550CIAfg Allen B Wagner
- y
- f C*g,}IC fW SENIOR ASSOCIATE Susan Arnatcau U
(
counsel Law.ence B. Garcia tr :* <
Mikon H. Gordon Claudia Caie Manha M. Chase
- /
George L Marchand Patnek K. Moore
'82 IGY 24 A10:10
,,,,,,,,,,,,,,, g,j,3l, g,,
OFFICE OF THE GENERAL COUNSEL 590 t.'niversity Hal g/
Karl E. Droese. Jr.
Marv E. Ma: Donald 2200 Univer>ttv Avenue David A. Doneson Marcia J. Cannmg Berkelev. California 94720
-r v - T t ; ?. : j ' '
Glenn R. Woods Edward M. Opton.Jr.
(415) 642-2622 b ? '.Y I.
John E Lundterg Stephen P. Morrell t-Gary Mornson Enc K. Bchrens James N. odie Melvm W. Beal M
Rh u File No.
p April 8, 1982 g3
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Mr. Daniel Hirsch Committee to Bridgd'the Gap
'e 1637 Butler Avenue, Room 203 Los Angeles, California 90028
<a
'LD Re:
Stipulation as to Release of Photocraohs
Dear Mr. Hirsch:
I was stirprised on March. 24 to receive your letter dated March 12 (postmarked March 20), enclosing a complete revision of the stipulation regarding the release of photographs in this matter under the guise of "some minor language modifications."
Contrary to your statement that these." modifications" bring the stipulation closer to the actual agreement reached'between the parties, what they do, in fact,.is gut that agreement and replace it with something 2
entirely different.
t
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Specifically, it was agreed before th'e photographs l
were takc~n, and confirmed again at the conference you and I l
attended on February 9, that the photographs were to be released only upon the condition that you would limit their l
use and dissemination unless and until such time as you were I
successful in persuading the Board that the limitations l
imposed by the University were inappropriate.
There was never any discussion along the lines of your redraft, that the conditions under which.the photographs were to be released to you were temporary and subject to the University's obtaining a protective order to make them permanent.
1 i
l
b Mr. Daniel hirsch April 8, 1982 Page 2 Specifically, I would call to your attention the following exchange which I had with your attorney, Dorothy Thompson, at the February 9 meeting concerning the release of. photographs, uhich I have excerpted from our tapes of that meeting:
"Ms. Thompson:
We are prepared to accept your conditions with the following provisoc:
that we h, ave them in writing so that it is. clearly understood between everybody as to exactl,y what those conditions are; and, secondly, that we reserve the right to go to the Board with an objection regarding the conditions and an appropriate application to the Board to remove the conditions and if the Board rules in our favor as to any of the conditions then we would abide by whatever the Board says.
"Ms. Helwick:
Then you will abide by the conditions unless and until the Board rules otherwise.
"Ms. Thompson:
Absolutely."
To place the burden on the University at this late date to go to the Board with respect to the terms and conditions governing the release of photographs taken during your inspection is contrary to the discovery rules governing t,his procedure and all agreements that we had with you regarding the taking of those photographs in the first place.
Accordingly, we cannot sign your redraft of the stipulation in this matter.
We are, however, willing to accept some language changes you have proposed from the original stipulation, which we have incorporated in the new stipulation enclosed.
Specifically, the enclosed stipulation contains the following changes from the earlier version sent to you on February 18:
Page Line Change 2
21 Add the word " attorneys" after the word
" officers."
3 10 Change "before the ASLB" to "as intervenor in the above-captioned proceeding."
Mr. Daniel Hirsch April 8, 1982 Page-3 4
11 Eliminate "together with the pleading to which it pertains".
4 16 Add "from the date of service of such docu-ment" after the word " days."
5 6
Add "the NRC or a court of competent juris-diction" after "ASLB."
5 10 Add "and University" after "CBG";.
and change " agrees" to " agree."
5 11 Add "the NRC or a court of competent juris-d[ption"after"ASLB."
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S 12 Add "and University" after "CBG."
6 1
Add a new item 6 as follows:
" Subject to the conditions contained herein, University agrees to release the photographs to CBG within seven calendar days of the c:cecution of this stipulation."; change the number of existing item 6 to 7.
Again, I am enclosing a signed original stipula-tion and am hopeful that you will execute and return the same promptly, so that we can get on with the release of the photographs without further ado.
Sincerely, r
Q
=
Christine Helwick Enc.
cc:
Dorothy Thompson vWilliam Cormier e
b
1 2
3 UMITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 4
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 5
6 In the Matter of
)
Docket No. 50-142
)
(Proposed Renewal of 7
THE REGENTS OF THE UNIVERSITY )
Facility License OF CALIFORNIA
)
Number R-71) 8
}
(UCLA Research Redctor)
)
February 18, 1982 9
)
10 STIPULATION AS TO RELEASE OF PHOTOGRAPHS 11 12 On November 17,
- 1981, during a testing and 13 in'spection tour bf the UCLA Nuclear Energy Laboratory (NEL) facility by the Committee to Bridge the Gap (CBG), the University, in accordance with its prior agreement with CBG, permitted CBG representatives to take approximately 215 17 photographs of the laboratory f acility and its equipment.
Because of the University's concern that th6 release of a 19 large number of photographs of the NEL facility would risk 20 compromising the security of the facility, the University 21 permitted the photographing to occur only on condition that 22 the University would take custody of the undeveloped film at 23 the conclusion of the inspection and that the matter of 24 release of any or all of the undeveloped photographs would be 25
.the subject of further discussions of the parties.
As a result of discussions which occurred principally on 0
-r
8 1
February 9, 1982, CBG and the University have agreed to 2
stipulate as follows:
3 4
1.
The University agrees to release to CBG the 5
color negatives for all but twenty-one (21) of the 215 6
photographs taken by CBG on November 17, 1981.
The University 7
objects to release of the twenty-one (21) photo' graphs on 8
security and relevancy grounds and those twenty-one (21) 9 photographs are in no way part of the subject matter of this
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10 stipulation.
11 12 2.
CBG agrees that the negatives of the 194 13 photographs which the University agrees to release and any 14 prints made from those negatives, or any duplicates, 15 reproductions, or copies of the prints or negatives (herein-16 after, the " photographs") will be used only by CBG, its 17
. officers, attorneys, and technical consultants, in the 18 preparation of evidence for the hearing in the above-captioned l
19 proceeding, or in any. motions or pleadings incident thereto, l
20 and that CBG will exercise control over each and every one of 21 the photographs sufficient to insure that the photographs are 22 not viewed, examined, copied in any way, possessed or 23 otherwise used by any governmental agency other than the NRC, 24 any representatives of any of the various news media, or any
)
l 25 other persons not a party to this proceeding.
CBG i
26 acknowledges that all right, tiitle, and interest in the j
l 2
w-.
4 1
photographs rests in the University at all times and that the 2
University has granted CBG conditional use of the photograph's 3
for the sole purpose of enabling CBG to fully present its case 4
before the Atomic Safety and Licensing Board ("ASLB") in the 5
pending proceeding and CBG's sole purpose in acquiring the 6
photographs is to be able to fully present its case as 7
intervenor in'the above-captioned proce'eding.
8 9
3.
CBG agrees to return to the University each and 10 every such photograph (which includes all negatives, prints, 11 duplicates and reproductions) in its possession or control 12 within seven (7) days after the conclusion of the hearing in 13 this matter or within seven (7) days after receiving the 14 determination of the ASLB that the entire proceedings be 15 dismissed, notwithstanding that, at the conclusion of the 16 hearing or upon the determination that the proceedings be 17 dismissed matters may still be p'ending, decisions may not yet 18 be final, or appeals may be taken.
Upon the retu n of the 19 photographs to the University, the University agrees to 20 safeguard the photographs
- and, subject to reasonable 21 conditions, to again make them available to CBG in the event 22 they are required for any evidentiary proceedings that occur 23 subsequent to he initial hearing in this matter.
24 25 4.
CBG agrees'that in the event that it uses any 26 or all of the photographs in support of any of its written 3
I pleadings or testimony in this proceeding, none of the 2
photographs to be so used will be submitted as part of such' 3
written pleadings or testimony but instead all such 4
photographs will be submitted in a separately. captioned 5
document denominated " Photographic Exhibits Submitted in 6
Support of (title of pleading)",
or some equivalent 7
description, which document will be referred to' as the 8
" exhibits document." 'Each " exhibits document" will be served I J 9
only on the parties to the proceeding and the ASLB; as to all 10 other persons or entities, CBG agrees to exercise the control 11 over the photographs contained in each 'such " exhibits 12 document" required by paragraph 2 above, until the University 13 has had at least thirty (30) days from the date of service of 14 such document to9 determine whether to apply to exclude those 15 photographs from public disclosure.
The thirty (30) day I
16 waiting period shall also apply to service of any " exhibits 17 document'I on the Chief [of the Docketing and Service Section o
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18 the NRC.
In the event the University does make application to
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l 19 exclude. from public disclosure photographs contained in an 20
" exhibits document" within the thirty (30) days period, CBG 21 will continue to exercise the control required by paragraph 2, 22 above, until such application is finally determined'by the NRC 23 or the ASLB and CBG agrees to exercise the same control 24 thereaf ter consistent with the determination of the NRC or the 25 ASLB.
26 L
0 1
5.
University agrees that in executing this 2
stipulation CBG has not waived any rights it may have to apply 3
to the ASLB, the NRC or a court of competent jurisdiction, to 4
have any or all of the conditions of this stipulation removed 5
or to, argue for public disclosure in the event that the 6
University seeks an exemption or order which would prevent 7
public. disclosure of any or all of the photographs.
CBG and 8
University agree to abide by eac'h of the terms of this 9
stipulation unless and until the ASLB, the NRC or a court of 10 competent jurisdiction modifies or rescinds the term, in which case CBG and University will continue to abide by all 11 l
12 remaining terms and will abide by the modified or rescinded 13 term as modified or rescinded.
14 15 6.
Subject to the conditions contained herein, 16 University agree's' to release the photographs to CBG within 17 seven (7) calendar days of the, execution of this stipulation.
18
//
19
//
I 20
//
21 22 23 24 25 26 5
I
t 1
7.
Both CBG and the University understand that in 2
the event that any term of this stipulation is breached by o~ne 3
of the parties, application may be made by the other party to 4
the ASLB for appropriate orders or sanctions.
5 6
ACKNOWLEDGED AND ACCEPTED:
7 C-8 COMMITTEE TO BRIDGE THE GAP
'$HE. REGENTS OF THE UNIVERSITY OF CALIFORNIA 9
10
&&r h Jr Daniel Hirsch, President Christine Helwick, Attorney 7
Mh 12 Date
,Dat/
13 14 Dorothy Thompson, Attorney 15 Date u
16 17 18 19 T
l 20 21 22 23 24 25 26 6
r e
i 1
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION C, '. ! - '.
2 w.h BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 3
.b.,
O;'y 24 g3:10 s In the Matter of
)
/
4
)
Docket No. 50-1 THE REGENTS OF THE UNIVERSITY
)
(Proposed;Renewalfof Facility 5
OF CALIFORNIA
)
LicenseUNumb6r~ R-71)-
Ov"
)
6-(UCLA Research Reactor)~
)
)
7 8
, ERTIFICATE OF SER ' ICE C
9 I hereby certify that copies of.the attachedi UNIVERSITY'S 10 RESPONSE TO NOTICE OF INTENT TO PARTICIPATE 11 in the above-captioned proceeding have beca se'_ved on tne-following by deposit in the United States,m' ail, first class, 12 postage prepaid, addressed as indicated, on this date: _May 20.
1982 13 Mr. Daniel'Hirsch,/
14 John H.
Frye, III, Chairman Administrative Judge-Cte. to Bridge,the' Gap 15 ATOMIC SAFETY AND LICENSING BOARD 1637 Butler Avenue, #203,
U.S. Nuclear Regd'latory Commission Los Angeles, Calif.
90025 16 Washington, D.C.
20555
"~
Mr. John-Bay, Esq.
17 Dr. Emmeth A.
Luebke 375S Divisadero #203 San Francisco, CA 94123 Administrative Judgt 18 ATOMIC SAFETY AND LICENSING BOARD.
U.S. Nuclear Regulatory Co' mission' Mr. Daniel Hirsch m
~
19
' Washington, D.C.
20555
.Bbx 1186 20 Dr. Oscar H.
Paris Administrative Judge i.
21 ATOMIC SAFETY AND LICENSING BOARD i
U.S. Nuclear Regulatory Commission Nuclear Law Center 22 Washington, D.C.
20555 c/o Dorothy Thompson 6300EWilshire Blvd. #1200 l
23 Counsel for the NRC Staff
-Los' Angeles, CA 90048
~
OFFICE OF THE EXECUTIVE LEGAL DIRECTOR.
24 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 s
25 Chief, Docketing and Service Section 26 OFFICE OF THE SECRETARY U.S. Nuclear Regulatory Commission 27 Washington, D.C.
20555 p-28 WILLIAM'H. CGRMIER UCLA Representative i
THE REGENTS OF THE UNIVERSITY OF CALIFORNIA
.