ML20062G739
| ML20062G739 | |
| Person / Time | |
|---|---|
| Site: | 05000142 |
| Issue date: | 08/09/1982 |
| From: | Cormier W CALIFORNIA, UNIV. OF, LOS ANGELES, CA |
| To: | COMMITTEE TO BRIDGE THE GAP |
| References | |
| NUDOCS 8208130152 | |
| Download: ML20062G739 (11) | |
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UNITED STATES OF AMERICA Ci '
NUCLEAR REGULATORY COMMISSION 1
r n c E c r 5t.C9 C T M -
BEFORE THE ATOMIC SAFETY AND LICENSItG BOARD . " ' LI ...
.d, i c. .,w.) E In the Matter of )
) Docket No. 50-142 THE REGENTS OF THE UNIVERSITY ) (Proposed Renewal of Facility OF CALIFORNIA ) ~
License Number R-71)
)
(UCLA Research Reactor) ) August 9, 1982
)
RESPONSE TO REQUEST FOR THE PRODUCTION OF DOCUMENTS RELATIVE TO CONTENTION XX DISCOVERY DONALD L. REIDHAAR GLENN R. WOODS CHRISTINE HELWICK 590 University Hall 2200 University Avenue Berkeley, California 94720 l
Telephone: (415) 642-2822 l
l Attorneys for Applicant I
- THE REGENTS OF THE UNIVERSITY I OF CALIFORNIA
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In response to Intervenor Committee to Bridge the Gap's (CBG's) " Request for Production of Documents Re Security Regulations Pursuant to Court Order," served July 20, 1982, THE REGENTS OF THE UNIVERSITY OF CALIFORNIA (University) agrees to provide the. documents described below at a document examination session on Thursday, August 12, 1982, 1:00 p.m. to 4:00 p.m.,
in room 5513, Boelter Hall, UCLA.
With reference to the documents as numbered in CBG's request, University states its intention to produce or its objections to producing such documents as follows:
- 1. To the knowledge of University's staff the only such document is the Wegst to Miller letter of January 29, 1981, which appears as Exhibit "B" to University's responses to interrogatories being served this date.
- 2. To the knowledge of University's. staff there are no such documents, but see the Wegst to Miller letter referred to above.
- 3. To the knowledge of University's staff the~only such document is the " Fuel Self Protection Calculation", which appears as Exhibit "A" to University's responses to interrogatories being served this date.
- 4. There are no such documents.
- 5. University recently reduced its total inventory of U-235 to less than 5 kilograms. This reduction in total inventory is reported to the Commission in the August 6, 1982 letter from Wegst to Bernard which is attached hereto as Exhibit "A".
L _. _ _ _ _ , _
University objects to the~ request to the extent that the request seeks documents relating to the detailed plans of recent shipments on the grounds that such documents contain protected information and such information is not relevant to and is not reasonably calculated to lead to the discovery of~ evidence admissible on the question of the applicability of 10 CFR Part 73 safeguards regulations, which is the extent of the scope of discovery that has been permitted by the Board.
- 6. There are no such documents.
- 7. University cbjects to the.roquest on the grounds that the only document responsive to the request is the physical security plan for the facility, which consists of protected information and such information is not relevant to and is not reasonably calculated to lead to the discovery of evidence admissible on the question of the applicability'of 10 CFR Part 73 safeguards regulations, which is the extent of the scope of
) discovery that has been permitted by the Board.
- 8. To the knowledge of University's staff there are no such documents except for the Miller to Wegst letter of January 12, 1981, which appears as Exhibit "C" to University's responses to interrogatories being served this date and the following exchange of letters from 1974: Ashbaugh to Goller, dated October 28, 1974; Lear to Hicks, dated November 18,'1974;
'Ashbaugh to Goller, dated November 27, 1974; and Ashbaugh to Bays, dated December 12, 1974; which letters are attached hereto as Exhibits "B", "C", "D", and "E", respectively.
i
~9. University objects to the request on the grounds S
that the document search requested for the period 1960 to the
present would be unreasonably burdensome to University's staff and that any such documents that may be in existence are not relevant to and are not reasonably calculated to lead to the discovery of evidence admissible on the q'testion of the applicability'of 10 CFR Part 73 safeguards regulations, which is the extent of the scope of discovery that has been permitted by the Board. University also obj'octs on the ground that certain
" internal UCLA documents" are privileged in that such documents l were prepared at the direction of the University's attorneys in anticipation of litigation. Notwithstanding, and without waiving, the aforesaid objections, except for the documents identified and offered in these responses, certain documents relating to the
, details of shipments of scrap and spent fuel, and certain privileged internal UCLA documents there have been no such documents since at least 1975 and, specifically, no written communications fror the NRC identifying any requirement to reduce SNM inventories at the reactor facility nor documentation of any kind relating to the radiation level of the irradiated fuel.
- 10. To the knowledge of University's staff there are no documents relating to the quantity of U-235 at the reactor r
facility and its radiation level, but see the document identified in item no. 5, above.
- 11. To the knowledge of University's staff there are no such documents except for the " Fuel Self Protection Calculation", which appears as Exhibit "A" to University's responses to interrogatories being served this 6 ate.
- 12. See response to item no. 8, above.
J
- 13. See response to item no. 8, above.
- 14. There are no such documents.
- 15. There are no'such documents.
- 16. University will provide the documents requested at the scheduled document examination session.
Dated: August 9, 1982 DONALD L. REIDHAAR GLENN R. WOODS CHRISTINE HELWICK
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YWilliam H. Cormier UCLA Representative l
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COMMUNITY 5AFETY DTPAnTMENT OFFICE OF RESEARCll & OCCUPA110NAL 5AFETY LOS ANCELES. CALIFORNIA 90024 6 August 1982 Mr. Hal Berrard, Acting Branch Chief ,
Standardization and Special Projects Branch .
Division of Licensing ,
U.S. Nuclear Regulatory Commission .
Washington, D.C. 20555 ' Docket 50-142
Dear Mr. Bernard:
This is to advise you that UCLA recently transferred off-site a quantity of unirradiated U-235 reactor fuel sufficient to reduce the total inventory of U-235 at the UCLA facility to 4.92 kilograms - 3.53 kilograms irradiated, and 1.39 kilograms uni rra dia ted. The off-site transfer was ccmpleted on July 21, 1982. I have enclosed copies of the fuel transfer forms for this shipment.
As you know, UCLA had been planning for some time to make this fuel' transfer in order to remove an unnecessary constraint on future facility operations. In connection with this, in January 1981, the Commission informed UCLA that in order for UCLA to remain exempt from the Commission's upgraded safeguards regulations which became effective in November 1979, UCLA would either have to maintain the self-protecting conditions for the "in-core" fuel (100 Rem /hr at 3 feet, unshielded) or reduce its inventory of " fresh" fuel in storage [J. R. Miller letter to W. F. Wegst, January 12, 1981]. In response, UCLA informed the Commission that reactor operations were being scheduled to maintain the self-protecting conditions for the in-core fuel but that UCLA was also planning to reduce its unirradiated fuel inventory [W. F. Wegst letter to J. R. Miller, January 29,1981]. ,
UCLA has determined that under normal reactor operating conditions the self-protection criteria are generally satisfied. However, now that the total inventory of reactor fuel at the facility has been reduced to below 5 kilograms, UCLA need not l maintain the self-protecting conditions to remain exempt from the safeguards requirements contained in 10 CFR 73.60. As a result UCLA need not be concerned with the possibility that the reactor may have to be shut down for an extended period of time at some time in the future.
Sincerely, Walter F. Wegst, Director Office of Research & Occupational l Sa fety WFW/jb .
enc. .
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October 28, 1974 Karl R. Coller Assistant Director for
- Operating Reactors
- Directorate of Licensing USAEC k*ashington, D. C. 90545
Dear Sir:
Due to the censitive nature of the contents of this letter, we request that this document be withheld from public disclosure pursuant to Section 2.790 of 10 CFR Part 2.
Upon redoing our calculations on the Special Nuclear Material inventory, we found that our scrap quoted to you vas the total uranium content, not the U-235 content. Therefore, we have at our facility a total S:41 inventory of 9.387 kg. Of this, 4.293 kg. are exempt end 5.094 kg. are non-exempt.
In order to comply with the 5 kg. limit and approval of our security system, we request permionion to ship 340 grams o'f U-235 to Oak Ridge - Y-12 facility. This vould bring our non-exempt SNM inventory down to 4.754 kg.
and our total SNM inventory down to 9.047 kg.
Forns OR-658C and Forms OR-658A have been sent to:
Joe liabler Product Division USAEC l Oak Ridge Operations Office
! P. O. Box "E" Oak Ridge, Tcanessee 37831 I
Sincerely, Charles E. Ashbaugh III Reactor Supervisor m,---.- -
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UNITED STATES E
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ATOMIC ENERGY COMMISSION WASHING TON. D C. 20$4%
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'tsin e Docket No. 50-142 NOV 18 W1 The Regents of the University- .
of California Nuc1 car Energy Laboratory ATTN: Mr. Thomas E. Ilicks Director Los Angles, California .
Gentlemen:
Your letter of October 28, 1974 stated that UCLA was considering methods to reduce their Special Nuclear Material inventory below the formula quantity specified in Title 10, Code of Federal Regulations, Part 73'.
As of this date we have not received a written confirmation that you have reduced your Special Nuclear Material inventory nor have we received a request to review your security plan assuming the inventory was reduced.
You are reminded that your original plan, as submitted, was not acceptable and that you may be in violation of Title 10, Code of Federal Regulations, Part-73. Noncompliance with the Regulations would require that appropriate i enforcement action be taken by us.
Your response is requested within seven days of the roccipt of this letter.
Sincer,ely, f
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I' George Lear, Chief Operating Reactors Branch #3
! Directorate of Licensing i
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November 27, 1974 r.arl R. Coller Anciatant Director for ,
Operating Reactors -
Directorate of Licensing USAEC Washington, D. C. 90545 Dear Sir Due to the conoitive nature of the contento of thio letter, ue request that this docunent be withheld from public dicciosure pursuant to Section 2.790 of 10 CFR Part 2.
In order to comply uith the 5 Kg. limit and approval of our occurity ayatem, ve have finally contacted coccone who would ship our 340 graes U-235 from UCLA to Oak Ridge-Y-12 facility.
The rocciver is:
Union Carbido Corp. Nuclear Division Y-12 Plant Poot Office Box Y Oak Ridge, Tennecoco 37830 l
Attn: H.C. Bayo/E.R. Pulley For Recovery The shipping company is:
l Concolidated Freightwayn i 12903 Lakelend Rd.
Santa Fe Springe, Calif. 90670 Due to their conpany policy and DCT regulationn, they will try to pick it up today, or cloe co=otico during the first veck in Deccaber. Their policy and DOT regulations state that if our package is sent by truck there must be no food or clothing along with the shipment. That is the reason for the tino delay.
When the ficsile catorial io finally off campus and all required forms have aircady been filled, our total non-excapt SHM inventory vill be 4.754 Kg.
We request verification and approval of our security systco.
Sincerely, Charles E. Anhbaugh III Reactor Supervisor
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- . Exhibit "E" '
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., December 12, 1974
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Mr. M. C. Bays . , ,
Mr. E. R.' Pulley .
Union Carbide Corporation , ,; .
Nuclear Division ' '
Y-12 Plant' -
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Post Office Box Y '<'.
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Oak Ridge, Tenneocce 37830 . ?~ .
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Dear Sira:
340 gen, of U * /una cent to you from the University of California Nuclear .
Energy Laboratory 2567 Bociter Usil Los Angeles, California 90024 on Deccaber 11, 1974 via Conoolidated Freightlines, package No. 12345. You should roccive it soon.
J Sincerely, I
Charles E. Ashbaugh III Reactor Supervicor Nuclear Energy Lab
eO m UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
) Docket No. 50-142 THE REG $NTS OF T!!E UNIVERSITY ) (Proposed Renewal of Facility OF CALIFORNIA ) License Number R-71
)
(UCLA Research Reactor) )
CERTIFICATE OF SERVICE I hereby certify that copies of the attached: RESPONSE TO REOUEST FOR THE PRODUCTION OF DOCUMENTS RELATIVE TO CONTENTION XX DISCOVERY, in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, postage prepaid, addressed as indicated, on this date: August 9, 1982.
John H. Frye, III, Chairman Mr. Daniel flirsch Administrative Judge Cte. to Bridge the Gap ATOMIC SAFETY AND LICENSING BOARD 1637 Butler Avenue, #203 U.S. Nuclear Regulatory Commission Los Angeles, CA 90025 Washington, D.C. 20555 Mr. John Bay, Esq.
Dr. Emmeth A. Luebke 3755 Divisadero #203 Administrative Judge San Francisco, CA 94123 ATOMIC SAFETY AND LICENSING BOARD U.S. Nuclear Regulatory Commission Mr. Daniel flirsch Washington, D.C. 20555 Box 1186 Ben Lomond, CA 95005 Dr. Oscar II. Paris l
Administrative Judge Nuclear Law Center ATOMIC SAFETY AND LICENSING BOARD c/o Dorothy Thomson U.S. Nuclear Regulatory Commission 6300 Wilshire Blvd., #1200 Washington, D.C. 20555 Los Angeles,.CA 90048 i
Counsel for the NRC Staff Ms. Sarah Shirley OFFICE OF TIIE EXECUTIVE LEGAL DIRECTOR Deputy City Attorney U.S. Nuclear Regulatory Commission City IIall Washington, D.C. 20555 1685 Main Street l Santa Monica, CA 90401 l Chief, Docketing and Service Section l OFFICE OF THE SECRETARY U.S. Nuclear Regulatory Commission Washington, D.C. 20555 I WILLIAM H. CORMIER I UCLA Representative l TIIE REGENTS OF Tile UNIVERSITY OF CALIFORNIA l
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