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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20247Q7371989-07-28028 July 1989
Order Authorizing Dismantling of Facility & Disposition of Component Parts
ML20211Q3021986-07-14014 July 1986
Order Authorizing Dismantling of Facility & Disposition of Components in Accordance W/Phase I of Dismantling Plan & NRC Rules & Regulations,Per 851029 Application
ML20205G6071985-11-0808 November 1985
Order Terminating Proceeding Since Committee to Bridge the Gap Withdrew Petition for Leave to Intervene.No Other Petitions Remain.Served on 851112
ML20205G6551985-11-0808 November 1985
Memorandum & Order Approving Parties 851010 Stipulation to Dismantle & Dispose of All Reactor Components & Equipment Except for Biological Shield & Components Described in Stipulation.Served on 851112
ML20133Q2781985-10-30030 October 1985
Response to ASLB 851016 Memorandum & Order Re Settlement Agreement & Proposed Order on Matters in Dispute Concerning Proposed License Renewal & Dismantlement Proceedings. Paragraph 6 of Proposed Order Should Be Revised
ML20133Q2941985-10-30030 October 1985
Affidavit of Dj Kasun Re Question 3 in ASLB 851016 Memorandum & Order Concerning Effect of Release of UCLA Security Plan to Public on Security of Other Nonpower Reactors W/Similar Plans.Certificate of Svc Encl
ML20133J0691985-10-16016 October 1985
Memorandum & Order Requesting Parties to Respond by 851030 to Listed Questions Re 851010 Settlement Agreement & Proposed Order Terminating Proceeding.Served on 851017
ML20108A9601984-11-13013 November 1984
Answer Opposing Committee to Bridge the Gap 841024 Petition for Hearing & Leave to Intervene.Petition Fails to Satisfy Requirements & No Good Cause Exists for Deferment of Ruling on Petition.Certificate of Svc Encl
ML20094A4741984-10-24024 October 1984
Petition of Committee to Bridge the Gap for Leave to Intervene & Request for Hearing Re Proposed Issuance of Orders Authorizing Disposition of Component Parts & Termination of License R-71.Certificate of Svc Encl
ML20097A1271984-09-0707 September 1984
Response to ASLB 840806 Order Part B.Prompt Shipment of SNM, Removal of Metallic Core Components & Prompt Dissolution of Protective Order Required by Order,Regulations & Public Policy.Declaration of Svc Encl
ML20097A0181984-09-0707 September 1984
Reply to Committee to Bridge the Gap 840801 Response Re Request to Withdraw Application.Aslb Should Approve Withdrawal of Application & Terminate Adjudicatory Proceedings.Certificate of Svc Encl
ML20096G8791984-09-0707 September 1984
Response to ASLB 840806 Order Re Other Parties Responses to UCLA Motion for Withdrawal of Renewal Application. Clarification of Ambiguities in Proposals Progressing.W/Svc List
ML20094C1371984-08-0101 August 1984
Response Opposing Staff Proposed Conditions for UCLA Withdrawal of License Renewal Application.Aslb Should Follow Required Practice Consistent W/Nrc Case Law.Certificate of Svc Encl
ML20093H9281984-07-20020 July 1984
Reply Opposing Committee to Bridge the Gap (Cbg) 840703 Response to Univ Request to Withdraw Application.Cbg Not Established as Participant in License Termination Proceeding.Certificate of Svc Encl
ML20093G1541984-07-20020 July 1984
Withdrawal of 840622 Emergency Petition for off-shipment of Reactor Fuel Prior to Arrival of Olympic Athletes.Petition Moot.Declaration of Svc Encl
ML20090C7851984-07-11011 July 1984
Response Opposing Committee to Bridge the Gap 840622 Petition for Commission Order to Remove SNM Prior to Olympics.Motion Lacks Factual Basis & Does Not Conform to Procedure.Certificate of Svc Encl
ML20092P2431984-07-0303 July 1984
Response Supporting Univ 840614 Request to Withdraw Application for License Renewal.Proposed ASLB Order Accepting Withdrawal Request Encl.W/Certificate of Svc
ML20151J9891984-06-25025 June 1984
Memorandum Explaining Reason Underlying 840622 Telegraphic Memorandum & Order Suspending All Further Proceeding. Licensee Has Shown No Desire to Retain Fuel Longer than Necessary.Served on 840626
ML20092G2821984-06-22022 June 1984
Emergency Petition for off-shipment of SNM from Site Before Olympics,Due to Withdrawal of Renewal Application & Security Risk Associated W/Olympics.Declaration of Svc Encl
ML20140C6651984-06-18018 June 1984
Order Canceling Contention Xx Evidentiary Hearings Due to Licensee 840614 Request to Withdraw License Renewal Application & to Decommission Reactor.Served on 840619
ML20197H3831984-06-14014 June 1984
Request to Withdraw License Renewal Application on Condition That Application Be Made to Decommission
ML20197H4051984-06-14014 June 1984
Motion to Suspend Proceedings Pending ASLB Action on Request to Withdraw Application.Hearing on Security Contention Should Be Canceled Immediately to Avoid Unnecessary Expense.Certificate of Svc Encl
ML20197G7651984-06-11011 June 1984
Motion to Compel Further Written Response of B Ramberg or for Alternative Relief & Costs.Committee to Bridge the Gap Has Not Revealed Documents Per Interrogatory Requests. W/Certificate of Svc.Related Correspondence
ML20091Q6071984-06-11011 June 1984
Objection to ASLB 840606 Notice of Evidentiary Hearing Specifying That Portions of Contention Xx Evidentiary Hearing Will Be Closed to Public.Only Portions Dealing W/Protected Info Should Be Closed.Certificate of Svc Encl
ML20091M8351984-06-0707 June 1984
Motion to Compel Committee to Bridge the Gap to Provide Further Written Answers to Questions 6 & 7 of Univ 840525 Interrogatories Re Security Contentions.Certificate of Svc Encl.Related Correspondence
ML20091G8411984-05-30030 May 1984
Notice of T Taylor & D Hafemeister Depositions on 840604 & 05,respectively.Certificate of Svc Encl.Related Correspondence
ML20091B3371984-05-25025 May 1984
Interrogatories Re Security Contention.Certificate of Svc Encl.Related Correspondence
ML20090J6721984-05-0909 May 1984
Response to Applicant Request for Reversal of ASLB 840413 Finding of Matl False Statements.Requests Hearing in Which Questions Unanswered by Two UCLA Responses Can Be Thoroughly Explored.Declaration of Svc Encl
ML20084H1991984-05-0404 May 1984
Notice of Disposition of Plotkin & Gt Cornwall on 840510 Re Physical Security & Request for Production of Documents. Certificate of Svc Encl.Related Correspondence
ML20084F7061984-05-0101 May 1984
Estimate of Level of Threat Facing UCLA Reactor in Response to ASLB 840420 pre-hearing Conference Order.Facility Attractive Theft & Sabotage Target.Certificate of Svc Encl
ML20084F1971984-05-0101 May 1984
Declaration of Wh Cormier in Response to ASLB 840413 Memorandum & Order Re Questions About Apparent Misrepresentations Made by Univ & NRC
ML20084F1641984-05-0101 May 1984
Response to ASLB 840413 Order Directing Univ to Indicate Whether Any Representatives Had Reviewed Cormier 830825 Statements.No Representative of Regents Reviewed Statements Before or After Submittal
ML20084F1881984-04-27027 April 1984
Declaration of Nc Ostrander Re Review of Cormier 830825 Statements.No Member of Staff Requested to Review Documents Before or After Submittal
ML20084E7271984-04-27027 April 1984
Notice of Appearance in Proceeding.Certificate of Svc Encl
ML20084D0711984-04-25025 April 1984
Motion for Reconsideration & Clarification of Portions of ASLB 840420 Prehearing Conference Order Re Contention Xx. Certificate of Svc Encl
ML20084C4001984-04-24024 April 1984
Reply Opposing Applicant Motion for Reconsideration of ASLB 840322 Order & Further Suppl to Rebuttal.Source Term Issue Under Investigation Should Not Be Litigated in Individual License Proceeding
ML20084C4151984-04-23023 April 1984
Response to Committee to Bridge the Gap (Cbg) 840406 Motions for Reconsideration of ASLB 840322 Memorandum & Order Ruling on Cbg Objections to Rebuttal Testimony.Motions Should Be Denied.Certificate of Svc Encl
ML20088A0551984-04-0606 April 1984
Motion to Reconsider Portions of ASLB 840322 Memorandum & Order,Overruling Objections to Untimely Filed Rebuttal Testimony.Aslb Has Placed Interest in Complete Record Above Statutory Interests of Proceedings.W/Certificate of Svc
ML20088A1611984-04-0606 April 1984
Motion for Reconsideration of Certain Portions of ASLB 840322 Order.Only Penalty for Violation of ASLB Orders Is Further Delay & Continued License Possession,Precisely What Licensee Desires.Declaration of Svc Encl
ML20088A2011984-04-0606 April 1984
Response to Applicant 840330 Rept Re Reactor Shutdown, Repair & Testing Schedule.Certificate of Svc Encl
ML20088A6911984-04-0606 April 1984
Petition Per Reconsideration of ASLB Order Ruling on Committee to Bridge the Gap Objections to Rebuttal Testimony.Certificate of Svc Encl
ML20087D7111984-03-0909 March 1984
Response to ASLB 840224 Order Indicating Concerns on Security Plan & Security Insp Repts Re Sabotage Matters Raised by Contention Xx & Directing Univ & Staff to Respond by 840309.Certificate of Svc Encl
ML20235Z3661984-03-0606 March 1984
Affidavit of MD Schuster in Response to Question Raised by Aslp in UCLA Proceeding in Aslp 840224 Order Re Physical Security Insp Repts to UCLA & Every Licensee Inspected
ML20080N2431984-02-16016 February 1984
Motion Denying Committee to Bridge the Gap 740109 Motion for Reactor Curtailment.No Factual or Legal Basis Exists to Support Extreme Remedy Sought.W/Certificate of Svc
ML20080B7491984-02-0101 February 1984
Response Objecting to Applicant/Nrc Proposed Witnesses & Proposed Mod to Protected Order.Witnesses Do Not Qualify as Experts.Declaration of Svc Encl
ML20080B6871984-01-31031 January 1984
Response Objecting to Release of Certain Protected Info. Proposed Sanitized Portions of Security Plan Should Be Released Only to Qualified Witnesses.Certificate of Svc Encl
ML20079H8501984-01-20020 January 1984
Reply Opposing Applicant 840117 Request for 24-day Extension to Respond to Committee to Bridge the Gap 840109 Motion for Curtailment.Reasonable Extension Not Opposed.Certificate of Svc Encl
ML20079H4011984-01-17017 January 1984
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
ML20079H3751984-01-17017 January 1984
Response to Committee to Bridge the Gap Memorandum Clarifying Contention Xx,Paragraphs 1,2 & 3.Committee Should Be Made to Respond to NRC Motion Re 10CFR73.67. Certificate of Svc Encl
ML20079J1881984-01-16016 January 1984
Review of UCLA Analysis of Facility Shutdown Mechanism. Postulated Power Excursion Will Not self-terminate as Assumed by Expulsion of Water Out Top of Fuel Box Region Through Surrounding Brick Walls
1989-07-28
[Table view]
Category:PLEADINGS
MONTHYEARML20133Q2781985-10-30030 October 1985
Response to ASLB 851016 Memorandum & Order Re Settlement Agreement & Proposed Order on Matters in Dispute Concerning Proposed License Renewal & Dismantlement Proceedings. Paragraph 6 of Proposed Order Should Be Revised
ML20097A0181984-09-0707 September 1984
Reply to Committee to Bridge the Gap 840801 Response Re Request to Withdraw Application.Aslb Should Approve Withdrawal of Application & Terminate Adjudicatory Proceedings.Certificate of Svc Encl
ML20094C1371984-08-0101 August 1984
Response Opposing Staff Proposed Conditions for UCLA Withdrawal of License Renewal Application.Aslb Should Follow Required Practice Consistent W/Nrc Case Law.Certificate of Svc Encl
ML20093H9281984-07-20020 July 1984
Reply Opposing Committee to Bridge the Gap (Cbg) 840703 Response to Univ Request to Withdraw Application.Cbg Not Established as Participant in License Termination Proceeding.Certificate of Svc Encl
ML20090C7851984-07-11011 July 1984
Response Opposing Committee to Bridge the Gap 840622 Petition for Commission Order to Remove SNM Prior to Olympics.Motion Lacks Factual Basis & Does Not Conform to Procedure.Certificate of Svc Encl
ML20092P2431984-07-0303 July 1984
Response Supporting Univ 840614 Request to Withdraw Application for License Renewal.Proposed ASLB Order Accepting Withdrawal Request Encl.W/Certificate of Svc
ML20092G2821984-06-22022 June 1984
Emergency Petition for off-shipment of SNM from Site Before Olympics,Due to Withdrawal of Renewal Application & Security Risk Associated W/Olympics.Declaration of Svc Encl
ML20197H4051984-06-14014 June 1984
Motion to Suspend Proceedings Pending ASLB Action on Request to Withdraw Application.Hearing on Security Contention Should Be Canceled Immediately to Avoid Unnecessary Expense.Certificate of Svc Encl
ML20197G7651984-06-11011 June 1984
Motion to Compel Further Written Response of B Ramberg or for Alternative Relief & Costs.Committee to Bridge the Gap Has Not Revealed Documents Per Interrogatory Requests. W/Certificate of Svc.Related Correspondence
ML20090J6721984-05-0909 May 1984
Response to Applicant Request for Reversal of ASLB 840413 Finding of Matl False Statements.Requests Hearing in Which Questions Unanswered by Two UCLA Responses Can Be Thoroughly Explored.Declaration of Svc Encl
ML20087D7111984-03-0909 March 1984
Response to ASLB 840224 Order Indicating Concerns on Security Plan & Security Insp Repts Re Sabotage Matters Raised by Contention Xx & Directing Univ & Staff to Respond by 840309.Certificate of Svc Encl
ML20080N2431984-02-16016 February 1984
Motion Denying Committee to Bridge the Gap 740109 Motion for Reactor Curtailment.No Factual or Legal Basis Exists to Support Extreme Remedy Sought.W/Certificate of Svc
ML20080B7491984-02-0101 February 1984
Response Objecting to Applicant/Nrc Proposed Witnesses & Proposed Mod to Protected Order.Witnesses Do Not Qualify as Experts.Declaration of Svc Encl
ML20080B6871984-01-31031 January 1984
Response Objecting to Release of Certain Protected Info. Proposed Sanitized Portions of Security Plan Should Be Released Only to Qualified Witnesses.Certificate of Svc Encl
ML20079H8501984-01-20020 January 1984
Reply Opposing Applicant 840117 Request for 24-day Extension to Respond to Committee to Bridge the Gap 840109 Motion for Curtailment.Reasonable Extension Not Opposed.Certificate of Svc Encl
ML20079H4011984-01-17017 January 1984
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
ML20079H3751984-01-17017 January 1984
Response to Committee to Bridge the Gap Memorandum Clarifying Contention Xx,Paragraphs 1,2 & 3.Committee Should Be Made to Respond to NRC Motion Re 10CFR73.67. Certificate of Svc Encl
ML20079H9711984-01-16016 January 1984
Reply to NRC & Applicant 831230 Pleadings Re Contention Ii.Ucla Ceased Using Reactor in Fashion for Which License Granted & Therefore,Should Not Be Permitted to Receive License.Declaration of Svc Encl
ML20079E4461984-01-11011 January 1984
Response to Committee to Bridge the Gap 831227 Second Motion to Curtail Activities.Motion Deficient in Form,Based on Factual Misrepresentations & Lacks Merit & Therefore Should Be Denied.Certificate of Svc Encl
ML20083H3291984-01-0909 January 1984
Motion for Curtailment of Reactor Operation Pending Final Determination of Safety Concern.Irreparable Injury Associated W/Any Further Delay of Proceeding.Declaration of Svc Encl
ML20083J4331983-12-30030 December 1983
Response to ASLB 831130 Memorandum & Order Requesting Further Views on Whether Use of Reactor Disposative of Contention Ii.Renewal of Class 104 License Respectfully Requested.Certificate of Svc Encl
ML20083J3831983-12-30030 December 1983
Response Opposing Citizens to Bridge the Gap Motion for Curtailment of Activities.Motion Premature & Based on Misrepresentation of Factual Record.Certificate of Svc Encl
ML20083J3541983-12-30030 December 1983
Response to ASLB 831130 Memorandum & Order Directing Parties to Address Question Re Whether Sale of Irradiation Svcs by UCLA to U West Constitutes Research Activities.Sale Constitutes Commercial Activity.W/Declaration Svc
ML20083F5921983-12-27027 December 1983
Corrected Version of 831214 Motion for Curtailment of Activities Re Sabotage Protection Plan
ML20083F5861983-12-27027 December 1983
Motion Requesting Evidentiary Hearings Be Scheduled No Later than 840215 Re Issue of Adequacy of Reactor Security So That Issue Can Be Resolved Well in Advance of 1984 Olympic Games. Declaration of Svc Encl
ML20083A6201983-12-14014 December 1983
Motion for Curtailment of Activities Due to Lack of Plan for Adequate Protection Against Sabotage (Contention Xx). Facility No Longer Has Authority to Possess or Utilize SNM W/O Plan.Declaration of Svc Encl
ML20082M3011983-12-0202 December 1983
Response Requesting That ASLB Overrule Committee to Bridge the Gap 831117 Objections to Rebuttal Testimony.Committee, Not Univ,Delaying Proceeding.Certificate of Svc Encl
ML20082D6671983-11-16016 November 1983
Motion to Strike Proposed Rebuttal Testimony by Util & Nrc. Only Small Portion of Proposed Testimony Qualifies as Genuine,Legitimate Rebuttal.Declaration of Svc Encl
ML20078B8551983-09-21021 September 1983
Answer to NRC Petition for Reconsideration of ASLB Rulings on Contention 11 Re Commercial Use of Reactor.Aslb Should Uphold Rule That Bars Commercial Use of Reactors Covered by Class 104 Licenses.Declaration of Svc Encl
ML20077Q3111983-09-13013 September 1983
Consolidated Response Opposing UCLA & NRC 830829 Motion to Strike & Objections to Committee to Bridge the Gap Testimony & Exhibits.Objections Lack Merit.Certificate of Svc Encl
ML20077Q3181983-09-12012 September 1983
Response Opposing NRC 830815 Motion for Reconsideration of ASLB 830511 Denial of NRC Motion for Summary Disposition of Contention Xx Re Radiological Sabotage.Pu/Be Sources Not Exempt from SNM Count.Certificate of Svc Encl
ML20024F2681983-09-0606 September 1983
Exceptions to Alternate ASLB Member Ja Laurenson Recommended Decision Re Contention Ii.Reactor Primary Use Is No Longer Research & Educ.Licensee Cannot Be Entrusted W/Class 104 License.W/Declaration of Svc
ML20077S6391983-09-0606 September 1983
Response Supporting NRC 830502 Petition for Reconsideration of ASLB 830422 Order Denying Licensee & NRC Motions for Summary Disposition of Contention Ii.Aslb Misinterpreted 10CFR50.22.Certificate of Svc Encl
ML20077S4201983-09-0606 September 1983
Response Opposing Alternate ASLB Member 830712 Recommended Decision That Class 104 License Be Granted Upon Condition That Less than 50% of Use of Reactor Be Dedicated to Commercial Purposes.Certificate of Svc Encl
ML20080D2021983-08-26026 August 1983
Motion to Strike H Pearlman Testimony Re 15 C Graphite Temp Due to Wigner Release.New Conclusion Inserted Into Evidence W/O Supporting Basis.Declaration of Svc Encl
ML20080D3121983-08-25025 August 1983
Response Supporting NRC 830815 Petition for Reconsideration of ASLB 830511 Memorandum & Order.Aslb Should Reverse Ruling Denying NRC Motion for Summary Disposition of Contention Xx. Certificate of Svc Encl
ML20076G8951983-08-20020 August 1983
Motion Opposing Admission of Portions of Committee to Bridge the Gap Testimony.Testimony Is Beyond Scope of Matters ASLB Directed to Be Considered or Otherwise Inadmissible.Certificate of Svc Encl.Related Correspondence
ML20024C3621983-07-0606 July 1983
Reply Opposing Util 830630 Motion to Reopen Contention II Proceedings.Motion Untimely,W/O Proper Foundation & Unnecessary.Proferred Matter Irrelevant.Declaration of Svc Encl
ML20072K7851983-06-30030 June 1983
Motion to Reopen Special Proceedings on Contention Ii,To Take Official Notice of Commission Licensing Records Re Ga Technologies,Inc License Class
ML20024A0751983-06-0909 June 1983
Response Opposing Ucla 830602 Motion,Requesting Leave to Introduce Testimony on Seismic Matters at Safety Hearings, Deferred by ASLB in 830513 Memorandum & Order Re Contention Xvii.Declaration of Svc Encl
ML20071P3151983-06-0202 June 1983
Requests for Clarification of ASLB 830513 Order Scope of Upcoming Hearing.Ucla Must Be Allowed to Present Testimony on Seismic Questions to Answer Issue of Worst Case Accident. Certificate of Svc Encl
ML20023C0001983-05-0404 May 1983
Motion for Reconsideration of ASLB 830422 Memorandum & Order to Clarify Scope of Contention II Proceedings.Certificate of Svc Encl.Accounting Based on Actual Use of Reactor Demonstrates That Costs Attributed to Noncommercial Use
ML20073R2241983-04-29029 April 1983
Response to Committee to Bridge the Gap (Cbg) 830414 Motion to Strike Portions of UCLA Response to Cbg Request for Expedited Ruling on Contention Xiii.Certificate of Svc Encl
ML20073R1571983-04-29029 April 1983
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
ML20073G0131983-04-15015 April 1983
Final Supplemental Response in Opposition to Applicant 830316 & NRC 830323 Responses to Issue of Quantity of SNM Currently Possessed by Applicant.No Reliance Can Be Placed on Applicant & NRC Estimates
ML20073J1521983-04-14014 April 1983
Motion to Strike Portions of NRC & Util 830404 Responses to Committee to Bridge the Gap 830315 Request for Expedited Ruling on Contention Xiii.Responses Not Responsive to Motion Before ASLB & Are Motions in Incorrect Format
ML20073J0721983-04-14014 April 1983
Motion for Reconsideration of Certain Hearing Scheduling Matters in ASLB 830407 Order.Deadline of 830715 to Prefile Testimony Should Be Reset to 830515.Declaration of Svc Encl
ML20073G8231983-04-12012 April 1983
Reply Opposing Committee to Bridge the Gap 830404 Response to ASLB 830322 Memorandum & Order,Taking Exception to ASLB Stated Concerns on Potential Sabotage as Part of Accident Analysis.Certificate of Svc Encl
ML20072T5771983-04-0101 April 1983
Response to Committee to Bridge the Gap & City of Santa Monica 830315 Filings Re Scheduling.Opposes Change to 830615 Filing Date for Testimony.Dates Should Not Be Set for Hearings on Contentions I,Ii,Vi or Xv.W/Certificate of Svc
ML20072R5751983-03-30030 March 1983
Response in Opposition to Committee to Bridge the Gap 830315 Request for Partial Summary Disposition of Contention Xvii Re Site Seismicity.Univ Will Stipulate to Facts Appended to Gap Request.Certificate of Svc Encl
1985-10-30
[Table view] |
Text
i
. COMMITTEE TO BRIDGE ThE GAP Dscsmber 14, 1983 e 1637 Butler Avenue, Suite 203 (corrected 12/27/83)
Ios Angeles, California 90025 I (213) 478-0829 2
3 UNITED STATES OF AMERICA 4 NUCIEAR REGULATORY COMMISSION 5 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 6
In the Matter of
~
THE REGENTS OF THE UNIVERSITY T WFORNIA (Proposed Renewal of
9 (UCLAResearchReactor) 10 MOTION FOR CURTAILMENT OF ACTIVITIES (I) 12 No Sabotage Protection Plan 13 he Atomic Safety and Licensing Board, in Memoranda and 14 Orders of May 11, 1983, and October 24, 1983, has disposed of a major issue in this case.
16 Contention XX alleges, inter alia, that Applicant's security 17 plan fails to provide adequate protection against sabotage.
18 l The Applicant, admitting that its security plan "is not l 19 l/
designed tc provide protection against sabotage," has argued (with Staff)
I 20 l that the regulations do not require such a plan. The matter has been the 21 subject of argument and briefs for three years.
22 The Board, in its May 11, 1983 Memorandum and Order, disposed me 23 M@ of the matter in ruling on summary disposition of Contention XX.
"8 no 24 hat ruling, which was reconsidered by the Board at Staff and Applicant's o 25 L request, and re-affirmed on October 24, determined that, UCLA's assertions j -u 96
~
j @@ notwithstanding, it is required to have an approved plan that provides O#
! - 27 or protection against radiological sabotage.
$$o 28 If University's Response in Support of NRC Staff Petition for Reconsideration of the Licensing Board's Memorandum and Order Ruling on Staff's Motion for Summary Disposition August 25, 1983, p. 3
.2-1 Thus, nearly four years after submission of the Application 2
by UCIA, a major issue has been resolved: CBG contending that the 3 ,
security plan is inadequate to protect against sabotage: UCIA admitting 4
its plan isn't designed to protect against sabotage, but asserting it 5
isn't required tog and the Board ruling it is so required under the 6
applicable regulation,10 CFR 73 40(a).
7 8
Discussion 9
10 UCLA's application is a combined request for two licenses:
a Part 50 license to operate a utilization facility and a Part 70 license 12 to possess Special Nuclear Material. 10 CFR 50 34(c) requires that, 13 for an application to be sufficient, it must include a security plan which "shallchmonstrate how the applicant plans to comply with the requiremento 15 of Part 73". Part 73 contains the requirements that applicants 16 and licensees must meet in order to possess Special Nuclear Patorial (Sh7.).
17 Nearly four years ago UCLA submitted a combined Part 50 and 18 Part 73 application. Its physical security plan was submitted after 19 ,f the deadline for the timely renewal application provisions." CBG, when 20 granted Intervenor status, contended that the plan was insufficient in 21 regards sabotage protection, beginning a long process of addressing UCLA's 22 assertion that the plan need not provide sabotage protection at all.
23 24 2f See Application, p. 5 25 Y the plan was initially submitted by letter dated Farch 10, 1980, amended seve2al times thereafter the license expired Parch 30; timely 26 renewal provisions require submission at least thirty days prior to expirationn 27 28
o I As stated in Applicant's August 25, 1983, pleading on the 2 ratter:
3 University wishes to note that its security plan, which is not designed to provide protection against 4
5 sabotage, has ban approved by the Commission's safeguards branch and that the low-power university 6
research reactor licensees have never been required to 7 adopt security plans designed to protect against sabotage.
(emphasis added) 9 10 The Board has ruled that the fact that it is Staff's position that 11 UCIA's plan, without sabotage provisions, is adequate and that sabotage l 12 protection is not required is, of course, not dispositive.
13 In a contested proceeding it is up to the Board to make that 14 datermination, which the Board has done in this case, ruling against 15 Staff and Applicant. Summary disposition on the matter has been determined.
16 An Applicant must demonstrate compliance with the Commission's [
17 regulations in order to obtain a license (see, for example,10 CFR 50.40).
18 Those regulations, the Board has ruled, include 73.40 protection against 19 sabotage, contrary to Applicant's assertions. In the absence of a plan 20 designed to provide 73 40 sabotage protection, license to possess or 31 utilize Special Nuclear Faterials is impermissible. The import of the 22 Bosrd's summary disposition ruling is to effectively deny that portion 23 of the application that requests authority to possess special nuclear 24 material in the absence of a security plan designed to protect it from 25 sabotage.
26 27 28
. i 3
2 3
'Ihe Practical Effect 4
UCLA's Part 70 and Part 50 possession and utilization requests 5
g Deing 1Npermissible without the requisite sabotage protection plan, possession and utilization authority lapses (even assuming the timely 7
renewal Provisions had been met, which they were not.) UCLA cannot 8
g possess SNM without a licenses it cannot possess a license with a negative d***"*1""*1 " " 1** P" E **d " **"I' 1* """ * * # ^"**d
10 the Board has now ruled, without a security plan designed to protect g
against sabotage. UCLA cannot be granted-and therefore no longer has--
the authority to possess or utilize special nuclear material.
Utilization therefore must immediately be curtailed, and immediate preparations made for expeditious off-shipment because possession authorization no longer exists.
17 18 ,
Respectfully submitted, 20- A '
, ~W Daniel Hirsch
')1
~
dated at Ben Lomond, CA '
this 14th day of December, 1983 22 23 24 25 2G 27 28
__ _ _ .