ML20073R157

From kanterella
Jump to navigation Jump to search
Response to Committee to Bridge the Gap 830414 Motion Opposing Scheduling Earlier Date for Filing of Written Testimony.Ucla Wishes to Reserve Right to Modify Witness List If New Date Set for Hearing.Certificate of Svc Encl
ML20073R157
Person / Time
Site: 05000142
Issue date: 04/29/1983
From: Cormier W
CALIFORNIA, UNIV. OF, LOS ANGELES, CA
To:
Atomic Safety and Licensing Board Panel
References
NUDOCS 8305030524
Download: ML20073R157 (4)


Text

.

e 0

0'? KETO 4

UNITED STATES OF AMERICA '83 MY -2 M0 :53 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 20 . f' ~ M

,w 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) ) April 29, 1983

)

UNIVERSITY'S RESPONSE TO CBG'S APRIL 14, 1983 MOTION CONCERNING HEARING SCHEDULING MATTERS 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 B305030524 830429 -

PDR ADOCK 05000142 0 PM -

t bbb3

6 On April 14, 1983 CBG filed its " Motion for Reconsideration of Certain Hearing Scheduling Matters Contained in Board's Order of i April 7, 1983" (Motion) requesting that the Board reconsider its April 7, 1983 " Memorandum and Order'(Ruling on CBG's Motion Regard-ing Scheduling)" (Order). So far, in the last two months CBG has filed three motions (on March 15, April 7 and April 14) and one letter (dated April 20) concerning the scheduling of the upcoming safety-issue hearing. As understood by University, CBG is now requesting that its basic case begin on August 8 which would require, according to CBG, that the hearing commence on July 25. CBG also requests that the date for filing written testimony be changed from June 15 to some earlier date.

University is opposed to the setting of any earlier date for the filing of written testimony. As a practical matter, University can not have its testimony prepared any earlier.

University regards the NRC staff's workload problens as an internal matter. University notes, however, that staff has kept the Board and parties well-informed of its scheduling constraints. The reasoning of the Offshore Power Systems case should be applied to the present situation. As the Appeal Board said, "If the staff can provido adequate assurance that it is acting as quickly and reasonably as the circumstances permit - and we emphasize _the word reasonably -

then the Board can ask no more and should reschedule the filing date accordingly." Offshore Power Systems (Floating Nuclear Power Plants), -

ALAB-40 8 NRC 194 (1978). Staff has already given such assurance.

^

f l

l University is not opposed to a change in the date set to i

begin the safety-issue hearing. However, University ascertained the availability of its witnesses based on a July 18 beginning date.

i If the Board chooses to change the date to accommodate CBG's witnesses ,

University wishes to reserve the right to modify its witness list in the event a particular witness is unavailable due to any new date that may be set by the Board.

Dated: April 29, 1983.

DONALD L.-REIDHAAR GLENN R. WOODS l CHRISTINE HELWICK l

BY f- T William H. Cormier Representing UCLA s

. . ~ - . -- -

, UNITED STATES OF AMERICA i NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD i In the Matter of )

) Docket No. 50-142

THE REGENTS OF THE UNIVERSITY ) (Proposed Renewal of Facility OF CALIFORNIA ) License Number R-71) 4

)

(UCLA Research Reactor) )

i

CERTIFICATE OF SERVICE 1

I hereby certify that copies of the attached: UNIVERSITY'S j RESPONSE TO CBG'S APRIL 14, 1983 MOTION CONCERNING HEARING j SCHEDULING MATTERS

in the above-captioned proceeding have been served on the following l by deposit in the United States mail, first class, postage prepaid, l

addressed as indicated, on this date: April 29, 1983 .

i John H. Frye, III, Chairman

  • Mr.' Daniel Hirsch 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 . J ohn . 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 Hirsch Washington, D.C. 20555 Box 1186 il Ben Lomond, CA 95005

! Mr. Glenn O. Bright

  • Administrative Judge Nuclear Law Center
ATOMIC SAFETY AND LICENSING BOARD c/o Dorothy Thorapson .
U.S. Nuclear Regulatory Commission 6300 Wilshire Blvd., #1200 Washington, D.C. 20555 Los Angeles, CA 90048 Ms. Carole F. Kagan, Ecq.* Ms-. Lynn G. Naliboff ATOMIC SAFETY AND LICENSING BOARD Deputy City Attorney 3

U.S. Nuclear Regulatory Commission City. Hall

, . Washington, D.C. 20555 '1685 Main Street

, Santa Monica, CA 90401

] Counsel for the NRC Staff f OFFICE OF THE EXECUTIVE LEGAL DIRECTOR Chief, Docketing and Servicc~~'Section U.S. Nuclear Regulatory Commission OFFICE.OF THE SECRETARY Washington, D.C. 20555 U.S.. Nuclear Regulatory Commission

Washington, D.C. 20555

! Lh/Jhm WILLIAM H. CORMIER UCLA Representative

  • Express mailed April 29,-1983 THE REGENTS OF THE UNIVERSITY OF CALIFORNIA 1

. , - . . , ,, - . . . , - - , , -.