ML20072K785

Motion to Reopen Special Proceedings on Contention Ii,To Take Official Notice of Commission Licensing Records Re Ga Technologies,Inc License Class

ML20072K785
Person / Time
Site:	05000142
Issue date:	06/30/1983
From:	Cormier W CALIFORNIA, UNIV. OF, LOS ANGELES, CA
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20072K775	List: ML20072K773 ML20072K785 ML20072K788
References
NUDOCS 8307060417
Download: ML20072K785 (3)

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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 ) (Proposed Renewal of Facility OF CALIFORNIA ) License Number R-71)

)

(UCLA Research Reactor-) ) June 30, 1983

)

UNIVERSITY'S MOTION TO REOPEN THE SPECIAL PROCEEDINGS'ON CONTENTION II DONALD L. REIDHAAR GLENN R. WOODS CHRISTINE HELWICK 590 University Hall 2200 University Avenue Berkeley, California 94720 Telephone: (415) 642-2822 Attorneys for Applicant THE REGENTS OF THE UNIVERSITY OF CALIFORNIA 8307060417 830630 PDR ADOCK 05000142 9 PDR

I. MOTION University moves the Alternate Board Member to reopen the special proceedings on Contention II for the limited purpose of taking official notice of Commission licensing records respectirg the class of license of the GA Technologies, Inc., TRIGA Facility, San Diego, California.

II. DISCUSSION Near the close of the May 24-26, 1983 special proceeding on Contention II, CBG moved into evidence its Exhibit C-32, a letter from Dr. W. L. Whittemore, Manager of the GA Technologies, Inc., TRIGA Facility in San Diego, California, to Mr. Steven Aftergood, a researcher for CBG and witness at the proceeding. Tr. 598-603, 616. In testimony, CBG represented GA Technologies as a commercial facility that was able to perform delayed-l neutron counting, an alternative prcvider of the service which UCLA was selling. Tr. 546, 599.

Subsequent to the close of the proceeding, University learned that the GA Technologies facility was not a class 103 commercial facility, but a class 104c research and development facility. CBG, in its proposed

( findings of fact and conclusions of law argues that the intent of Congress' substantial use test is to insure that facilities such as UCLA's do not unfairly compete with commercial facilities. CBG also proposes that the Board find that GA Technologies is able to perform the services that UCLA performs. Proposed finding no. 86. Under the circumstances, equity dictates that the record clearly reflect that the San Diego facili.ty is not a commercial facility but a class 104c facility, the same class as the UCLA facility.

The Commission's rules pennit parties to move to reopen a proceeding. Vermont Yankee Nuclear Power Corp. (Vermont Yankee Nuclear Power Station), ALAB-124, 6 AEC 358 (1973). Where the evidence can Le received with little or no burden on the parties the normally strict standard is loosened. Carolina Power and Light Co. (Shearon Harris Nuclear Power Plant, Units 1-4, LBP-78-2, 7 NRC 83, 85 (1978). In the present case, the burden on the parties is very light, no decision has been reached, and considerations of fairness strongly suggest that the record be augmented.

University's reply has been written on the assumption that the noticed matter was in the record. University will amend its pleadings in the event the motion is denied.

Dated: June 30,1983.

Respectfully Submitted, By f William H. Cormier Representing UCLA 2

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