ML20094A474

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

ML20094A474
Person / Time
Site:	05000142
Issue date:	10/24/1984
From:	Hirsch D COMMITTEE TO BRIDGE THE GAP
To:	NRC COMMISSION (OCM)
References
OL, NUDOCS 8411060432
Download: ML20094A474 (4)

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• COMMIT' TEE TO BRIDGE THE GAP October 24,.1984 1637 Butler Avenue, Suite 203 Los Angeles, California 90025 ~ " r- r y .

(213) 478-0829 J r -i UNITED STATES OF AMERICA IM 30 All:20 NUCLEAR REGULATORY COMMISSION

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[ In the Matter of ) Docket 50-142b THE REGENTS OF THE UNIVERSITY Proposed Issuance of 0rders

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Authorizing Disposition of 0F CALIFORNIA Component Parts and Termination ,

f Facility License R-71 (UCLA Research Reactor)

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PETITION FOR HEARING AND LEAVE TO INTERVENE l

On September 24, 1984, the Nuclear Regulatory Commission published in the Federal Register a Notice of Proposed Issuance of Orders Authorizing Disposition of Component Parts and Terminating Facility License for the recently closed UCLA reactor. 49 FR 37484.

The Commission Notice indicated that by October 24, 1984, any person whose interest may be affected by this proceeding may file a petition for leave to intervene. The Committee to Bridge the Gap (CBG), intervenor in the ongoing UCLA proceeding, so' files.

CBG notes, however, that the matters contemplated in the -

September 24 notice of proposed action--determination of the nature and schedule of dismantlement and disposal operations for the UCLA reactor as conditions for termination of the f acility license--

are currently being litigated in the ongoing proceeding to which CBG is already a party as proposed 10 CFR 2.107 conditions to be attached to acceptance of UCLA's June 14, 1984, motion in that proceeding for withdrawal of its renewal application. Pursuant to the timely enewal provisions of 10 CFR 2.109, facility license R-71 would terminate upon withdrawal of the renewal application, 8411060432 841024 PDR ADDCK 05000142 as03

CBG also notes that the detailed dismantlement and disposal plan to be considered in any proposed action has yet to be filed by

f. UCLA; all that exists is a 2 page letter indicating a detailed i

plan will be forthcoming at someilater time.

CBG therefore requests that action on this petition for i leave to intervene be deferred until: (1) UCLA submits the detailed dismantlement / disposal plan that would be subject of such a proceeding, and (2) the parallel matters currently being litigated in the existing UCLA proceeding to which CBG is already a party are resolved. Without the actual plan, there is nothing to litigate; if the proposed dismantlement / disposal conditions are accepted in the ongoing proceeding as 2.107 withdrawal conditions (and site restoratior, conditions are standard 2.107 withdrawal conditions), and the renewal application is formally withdrawn, Facility License R-71 would have terminated automatically, by I operation of law, pursuant to 10 CFR 2.109, making any 50.82 dismantlement / termination proceeding moot.

Should it be/ determined.in the ongoing proceeding that a separate proceeding will be necessary, this petition for leave I to intervene in that separate proceeding would then become operative. Until such time, however, it seems not to be a prudential use of agency resources to institute two parallel, redundant proceedings on the same matter, particularly when the Applicant has not yet put forward the plan at issue.

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CBG hereby incorporates by reference into this petition for hearing and leave to intervene its arguments about standing and~ interest contained in its original Petition for Leave 'to Intervene in the UCLA reactor ma.tter, dated May 22, 1980, and granted by the Atomic Safety and Licensing Board in its Order of October 2,1980.

Should a separate dismantlement / termination proceeding be instituted, CBG will supplement this Petition

~ at least fif teen (15) days prior to the first prehearing conference, as provided 'or in the regulations and in the September 24, 1984, I Notice of Proposed Action.

I Conclusion i

CBG petitions for leave to intervene and for hearing in any proceeding on dismantlement / termination matters related to the UCLA reactor. As these matters are currently being litigated

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in an ongoing proceeding to which CBG is already a party, as proposed 10 CFR 2.107 withdrawal conditons, and since UCLA '

l has not yet submitted the detailed dismantlement / disposal plan at issue, CBG requests action on this petition be deferred until those matters are resolved.

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Daniel Hirs'ch President dated at Santa Cruz, CA this 24th day of October, 1984

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L UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

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THE REGENTS OF THE UNIVERSITY ) Docket No. 50-142 0F CALIFORNIA ) (Proposed Issuance.of Orders Authorizing Disposition of (UCLA Research Reactor) 1- Component Parts and

) Terminating Facility License)

Declaration of Service I hereby declare that copies of CBG-Petition for Hearing and leave to Intervene in the above-captioned proceeding have been served 'on the following by d eposit in- the United States mail, first class, postage prepaid, addressed as indicated, on this date:

October 24, 1984.

Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 attention: Docketing and Service Section Executive Legal Director U.S. Nuclear Re'gulatory Commissio'n Washington, D.C. 20555 William H. Cormier, Esq.

Office of Administrative Vice Chancellor University of California 405 Hilgard Avenue Los Angeles, California 90024-

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Daniel Hirsch