ML20079H401

Application for Extension of Time Until 840216 to Respond to Committee to Bridge the Gap 840109 Motion for Curtailment III (Irreparable Injury Associated W/Any Further Delay). Extension Will Not Delay Matters.W/Certificate of Svc

ML20079H401
Person / Time
Site:	05000142
Issue date:	01/17/1984
From:	Cormier W CALIFORNIA, UNIV. OF, LOS ANGELES, CA
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8401230425
Download: ML20079H401 (4)

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'84 JAN 20 - A11 :04 UNITED STATES OF AMERICA -

!:'JCLEAR REGULATORY COMMISSION g 77 g., ,,_ n ,. x _ g ,

- BEFORE THE ATOMIC SAFETY AND LICENSING BOARD S:

In the Matter of )

) Docket No. 142 THE REGENTS OF THE UNIVERSITY OF ) (Proposed Renewal- of Facility CALIFORNIA ) License Number R-71)

)

(UCLA Research Reactor) ) January 17, 1984 APPLICATION FOR EXTENSION OF TIME TO RESPOND TO CBG'S MOTION FOR CURTAILMENT III i

DONALD L REIDHAAR GLENN R. WOODS l CHRISTINE HELWICK 590 University Hall 2200 University Avenue Berkeley, California 94720 Telephone: (415) 642-2822 Attorneys for Applicant r THE REGENTS OF THE UNIVERSITY OF CALIFORNIA l

8401230425 040117 DR ADOCK 05000 4

i On January 9,1984, CBG filed its "Mo' tion For Curtailment III (Irreparable Injury Associated With Any Further Delay)" (Motion).

Ordinarily, University would be required to respond to the Motion by January 23, 1984. University hereby requests that the B;ard, pursuant

.to 10 CFR Sec 2.711, extend the time for University to respond to the Motion to February 16, 1984.

CBG's Motion is the third such motion to shut down the UCLA

' facility which CBG has 'iled in the last several weeks. Earlier motions requesting the same remedy were filed on December 14, 1983 and December 21, 1983. The Motion is 65 pages in length and proposes a remedy that will seriously affect the rights and interests of University. The Motion makes extensive references purportedly to the procedural and evidentiary record in this proceeding, however, few record citations have been provided. 'A substantial portion of the Motion constitutes re-argument of CBG's safety allegations relating to the matters currently under review by the Board in this proceeding. University cannot provide a thorough

.and reasoned response to all the matters raised in CBG's Motion in the short time allotted under the usual rule.

The extension of time requested by University should not cause prejudice to the position of CBG or any other party in the proceeding. CBG's assertion of irreparable injury is apparently based on its view of the likelihood and consequences of an accident at the UCLA facility. CBG's view of the safety of the reactor is vigorously disputed by both University and Staff and is not supported by any findings by the

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Board nor the Commission. The extension of time requested by University will not delay consideration of matters currently pending. If CBG is prejudiced in any way by University's request, its prejudice is clearly outweighed by the substantial prejudice to University that would result if ,the Board was to grant any, portion of the remedy requested by CBG without giving University fair opportunity to fully respond to all of CBG's arguments.

For the reasons above, University respectfully requests that the Board extend the time for University to respond to CBG's Motion to February 16, 1984.

Dated: January 17, 1984.

1 DONALD L. REIDHAAR GLENN R. WOODS CHRISTINE HELWICK By  !

WILLIAM H. CORMIER v-, w --- - -

UNITED STATES OF AMERICA

, NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOATD 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) )

CERTIFICATE OF SERVICE I hereby certify that copies of the attached: APPLICATION FOR EXTENSION OF TIME TO RESPOND TO CBG'S MOTION FOR CURTAILMENT III 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: January 17, 1984 .

John H. Frye,'III, Chairman Mr. Daniel Hirsch Administrr"ive Judge- Cta. 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 H. Bay, Esq.

Dr. Emmeth A. Luebke Chickering & Gregory Administrative Judge Three Embarcadero Center ATOMIC SAFETY AND LICENSING BOARD Suite 2300 U.S. Nuclear Regulatory Commission San Francisco, CA 94111 Washington, D.C. 20555 Mr. Daniel Hirsch Mr. Glenn O. Bright Box 1186 Administrative Judge Ben Lomond, CA 95005 ATOMIC SAFETY AND LICENSING BOARD U.S. Nuclear Regulatory Commission Nuclear Law Center Washington, D.C. 20555 c/o Dorothy Thompson 6300 Wilshire Blvd., #1200 Counsel for the NRC Staff Los Angeles, CA 90048 OFFICE OF THE EXECUTIVE LEGAL DIRECTOR U.S. Nuclear Regulatory Commission Ms. Lynn G. Naliboff Washington, D.C. 20555 Deputy City Attorney Attn: Ms. Colleen P. Woodhead City Hall 1685 Main Street Chief, Docketing and Service Section (3) Santa Monica, CA 90401 OFFICE OF THE SECRETARY U.S. Nuclear Regulatory Commission Washington, D.C. 20555 NO WILLIAM H. CORMIER Representing UCLA THE REGENTS OF THE UNIVERSITY OF CALIFORNIA

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