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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
. .. . ..
s 00CKETED USflRC
'84 JTd -3 P4 :08 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION tin E CFSECPC "
L C ', - t Ni ; ' ,.
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD I' i 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) ) December 30, 1983
)
UNIVERSITY'S RESPONSE TO BOARD'S NOVEMBER 30, 1983 MEMORANDUM AND ORDER 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 9401050249 831230 PDR ADOCK 05000142 g PDR
M I. INTRODUCTION In its Memorandum and Order of November 30, 1983, the Board requested each party's further views on whether the use of the UCLA reac' ,r by Dr. Emil Kalil (doing business as Uranium West Laboratory, Inc.) a.
described at the hearing before the Alternate Board Member, constitutes
" . . . research . . . activities of the types specified in Section 31. . ."
of the Atomic Energy Act, and, if so, whether that fact is dispositive of Contention II.
University has argued that its UCLA reactor facility is not operated for any commercial purpose within the meaning of Section 50.22 of the regulations. No evidence has been addressed to dcaonstrate that the UCLA University facility's activities are engaged in for any commercial purpose.
has submitted uncontroverted evidence that the opposite is true and that, in any case, University does not devote more than 50% of its costs to any commercial activity. University herein submits the further argument that the use of the reactor that is made by Dr. Kalil is a type of activity contemplated by Section 31 of the Atomic Energy Act and that that fact is dispositive of
(,
Contention II, although Contention II may be disposed of in University's favor on other grounds.
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l l
l
- II. DISCUSSION
- 1. Legislative Background Section 31 of the Atomic Energy Act of 1954 (42 U.S.C. Sec. 2051, as amended; the "Act") provides, in relevant part, as follows:
Sec. 31. Research Assistance
- a. The Commission is directed to exercise its powers in such manner as to insure the continued conduct of research and development and training activities in the fields specified below, by private or public institutions or persons, and to assist in the acquisition of an ever-expanding fund of theoretical and practical knowledge in such fields. To this end the Commission is authorized and directed to make arrangements (including contracts, agreements, and loans) for the conduct of research and development activities relating to --
(1) nuclear processes; (2) the theory and production of atomic energy, including processes, materials, and devices related to such production;
(3) utilization of special nuclear material
.and radioactive material for medical, biological, agricultural, health, or military purposes; (4) utilization of special nuclear material, atomic energy, and radioactive material and processes entailed in the utilization or production of atomic energy or such material for all other purposes, including industrial or commercial uses, the generation of usable energy, and the demonstration of advances in ,
the commercial or industrial application of atomic energy; (5) the protection of health and the promotion of safety during research and production activities; and (6) the preservation and enhancement of a viable environment by developing more efficient methods to meet the Nation's energy needs.
- b. The Commission is further authorized to make grants and contributions to the cost of construction and operation of reactors and other facilities and other equipment to colleges, universities, hospitals, and eleemosynary or charitable institutions for the conduct l
4_
of educational and training activities relating to the fields in subsection a.
Section 104 of the Act 42.U.S.C. Sec. 2134, as amended) provides in relevant part, as follows:
Sec. 104. Medical Therapy and Research and Development
- c. The Commission is authorized to issue licenses I
to persons applying therefor for utilization and production facilities useful in the conduct of research and development activities of the types specified in section 31 and which are.not facilities of the type specified in subsection 104b. The Commission is i directed to impose only such minimum amount of regula-tion of the licensee as the Commission finds will permit the Commission to fulfill its obligation under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse l-l research and development.
L
. Sections 31 and 104 were amended to their present form by Congress in 1970 to eliminate the requirement that the Commission make a special i
finding of " practical value" before issuing commercial licenses to power l
1 l
reactor and fuel reprocessing facilities which were initially licensed under
- section 104b. of the Act.1/ Related amendments were also made to sections 102,103 and 105. Prior to adopting the amendments the Commission was required to make a written determination that each such facility was "sufficiently developed to be of practical value for industrial or commercial purposes" before a commercial license would be issued under section 103 of the Act.
Before 1970 the Commission had declined to make any such determination and, as a. consequence, all nuclear power reactor facilities were licensed as "research and development" reactors under section 104b. of the Act.2_/
The purpose of the 1970 amendments to these sections of the Act was to end the two-stage licensing process for power reactors, the significant effect of which had been to insulate 104b. facilities from prelicensing anti-trust review under section 105 of the Act. With the 1970 amendments, in particular the new section 105c., the Commission was directed to determine whether licensing the construction or operation of a nuclear power plant
- 1/ Public Law 91-560, 91st Cong., 2nd Sess. , approved December 19, 1970.
2_/The purpose of the amendment's is discussed in detail in the report of the Joint Committee on Atomic Energy: H.R. Rep. No. 91-1470 (also S. Rep. No.
91-1247), 91st Cong., 2nd Sess. (1970). - Also, see Houston Lighting and Power Co. (South Texas Project, Units 1 & 2), CL1-77-13, 5 NRC 1303,1316 (1977); Toledo Edison Co. et al. (Davis-Besse Nuclear Power Station, Unit 1),
ALAB-323, 3 NRC 331, 332, 337.
, w._- _ , _ - - , _ . . . - _ , , , _ . - . , , , , _ . . , , . _ , .e. ,. , . . , . , . ..-m .
_ _ . - _ _ _ __ _ . _ . _ ~ ._
. . 6-l would create a situation inconsistent with the traditional antitrust statutes.
New power reactor license applications were required to be made under section
.103; however, facilities formerly licensed to operate under section 104b. were .
" grandfathered ,"$/ The significant result of the 1970 amendment was to require that nuclear power facilities be licensed under section 103 and thereby (by operation of section 105) fully extend application of the nation's antitrust laws to the nuclear power industry.El It was in the context of proposing amendments to solve problems relating'to the application of the antitrust laws to the nuclear industry that the Joint Committee on Atomic Energy made the observation concerning
, the" commercial"useofresearchreactors.E/ The Joint Committee observed
. that, although university-licensees under subsection 104c. and other licensees under subsections 104a. or 104c. sometimes use their reactor for industrial or commercial purposes, such insubstantial use was not to affect licensing under section 104. The Joint Committee left it for the Commission to determine whether such use is sufficiently substantial to entail licensing under section 103 and thereby antitrust review by the Commission and the
! Attorney General under section 105.5/ It may reasonably be inferred that i
1/ Section 102 (42 U.S.C. Sec. 2132).
E/Joint Committee Report, pp. 8-13, 26, 28-31.
I 5/ Joint Committee Report, p. 28; cited by the Board in the instant proceeding
! in its Memorandum and Order of April 22,1983, p. 8.
l 6/
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. . 7 the Joint Committee wa' concerned about financially self-sufficient facilities
- engaged in commercial activities that may have anti-competitive effects [
injurious to the public under the antitrust laws. Fo other concern is expressed
. in the Joint Committee Report.
In response to the Joint Committee's observation concerning the other "104" licensees, the Commission in 1973 adopted amendments to Part 50 of its regulations to define the circumstances under which research and development and training reactors would be considered to be used "substantially for industrial and commercial purpoMs" licensable by the Commission under section 103 (and subject to antitrust review under section 105) U The formulation adopted by the Commission which is contained in the proviso clause to Section 50.22 of the regulations, is based on an assessment of the percentage of j
facility costs that are devoted to commercial purposes. More specifically, section 50.22 states:
. . . in the case of a production or utilization facility which is useful in the conduct 'of research and
(
development activities of the types specified in section 31 of the Act, such facility is deemed to be for L industrial or commercial purposes if the facility is to be used so that more than 50 percent of the annual cost U ee S the Statement of Consideration accompanying the notice of the adoption of the Part 50 amendments at 38 Federal Register 11445-46; cited in University's Response in Support of Staff's Motion for Reconsideration, dated September 6, 1983, pp. 10-11.
. - of owning and operating the facility is devoted to the production of materials, products, or energy for sale or commercial distribution, or to the sale of services, other than research and development or education and training."
10 C.F.R. Sec. 50.22.
As expressed in the Statement of Consideration, nonprofit educational institutions would continue to be licensed under section 104c. of the Act, since the licensed operation "would not be devoted to production of goods or services for sale or commercial distribution."E/ Certainly, the Commission had taken into account the Joint Committee's observation that university facilities are sometimes used for commercial purposes.
The legislative history of the 1970 amendments to the Act and the subsequent changes made to the regulations demonstr ate that Congress did not intend to require licensing under section 103 except for new applications for facilities, power reactors and fuel reprocessing plants and possibly certain research reactor facilities (but not university facilities under the Commission's formulation), that raised questions concerning the application of the antitrust laws. Neither Congress nor the Commission expressed concern over any other consequence of section 103 licensing, whatever those consequences may be. A reasonable, if not necessary inference of this history is that section 103 licensing is essentially " reserved" for power reactor and other facilities engaged in commercial operations warranting full antitrust review under section 105.
S/38 Federal Register 11445, at 11446.
o 1
. . .g.
, 2. Specific Questions Raised by the Board The Board's first question is whether Dr. Kalil's use of the
.eactor constitutes research activities of the types specified in section 31 of the Act, with particular attention directed to section 31a.(4). The research and development activities specified in section 31 include, in subparagraph a.(4), activities relating to ". . . processes . . . (utilizing)
J atomic energy . . . for all . . . purposes, including industrial or commercial uses . . . and the demonstration of advances in the commercial or industrial
-application of atomic energy . . ."
4 Dr. Kalil's testimony on his activities at the UCLA facility is summarized, with transcript references, in University's Proposed Findings of Fact and Conclusion of Law (_Concerning Hearing on Contention II), dated June 23,1983, pp. 8-12. The Board is directed to that discussion.
L The " delayed-neutron-counting" sample analysis technique that Dr. Kalil developed and employed beginning around 1978 which required the availability of the UCLA research reactor clearly constitutes an advance in the commercial and industrial application of atomic energy. Tr. 189-199, 207-209, 228-229, 244-245. The analyses he has been able to provide the Energy Resource Development Administration (for the "NURE" project), other university researchers and industrial clients like Exxon and Occidental petroleum companies represents a technical advance over other analysis methods and has been, and is in all respects, a socially useful enterprise. Tr. 202, 206, 210-211, 223-224, 233, 235. Dr. Kalil's business has not been in
. competition with other commercial business entities such as would raise antitrust questions. Tr. 201, 210-211. The services that Dr. Kalil provides may very well be unique in that he not only performs the analysis but also is qualified as a geochemist to interpret the results and write the reports.
Tr. 244-245.
The evidence of *ecord well supports the conclusion that Dr. Kalil's activities are precisely those which the Commission :eeks to encourage under the activities specified in section 31 of the Act. Moreover, it is such activities that are exempted from consideration under Section 50.22 of the regulations. The relevant concern in that section is with the sale of services "other than research and development or education or training"; that is, by reasonable implication, the types of activities specified in section 31a.(4) of the Act as wc11 as education or training which come under section 31b. of the Act. Accordingly, the determination that Dr. Kalil's activities are a type of activity specified in section 31 of the Act and that the UCLA facility supports such activities by permitting Dr. Kalil's use of its reactor completely disposes of any question of the proper class of license raised under Section 50.22 of the regulations, such as is raised by Contention II.
Nevertheless, University submits that while a determination that Dr. Kalil's activities are of a type specified in section 31 will be sufficient to dispose of Contention II, that determination is not necessary to the dis-position of Contention II as University has previously argued.EI
'EISee University's Proposed Findings of Fact and Conclusion of Law (Concerning Hearing on Contention II), dated June 23, 1983, and University's Response in Support of Staff's Motion for Reconsideration, dated September 6,1983.
11 The Commission's mandate to promote and support widespread and diverse research and development activities is clearly stated in sections 3, 31, and 104 of the Act (42 U.S.C. Secs. 2013, 2051 and 2134). The purpose of the 1970 amendments to the Act and the subsequent changes in Part 50 of the regulations to subject power reactors and certain other " commercial" facilities to antitrust review is clear upon review of the legislative record and later case histories. Dr. Kalil's use of the UCLA reactor constitutes a type of activity specified in section 31 of the Act. Limiting Dr. Kalil's use of the UCLA reactor by imposing additional conditions on the UCLA "104c."
license or otherwise requiring licensing under section 103 serves no Commission purpose and results in no public benefit.
. III. C0f'CLUSION For the reasons above, University respectfully requests that the Board decide that University is entitled to a renewal of its " Class 104" license without additional conditions being imposed on the use of the reactor.
Dated: December 30, 1983.
DONALD L. REIDHAAR GLENN R. WOODS CHRISTIflE HELWICK By h']/[ ht y i . .u. < ..-
WILLIAM H. CORMIER Representing UCLA l
l
. 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) )
CERTIFICATE OF SERVICE I hereby certify that copies of the attached: UNIVERSITY'S RESPONSE TO BOARD'S NOVEMBER 30, 1983 MEMORANDUM AND ORDER.
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: December 30, 1983 .
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. 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
/
l,Jw jto ! ,'} n a w WILLIAM H. CORMIER Representing UCLA THE REGENTS OF THE UNIVERSITY OF CALIFORNIA