ML20205G655

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

ML20205G655
Person / Time
Site:	05000142
Issue date:	11/08/1985
From:	Bright G, Frye J, Luebke E Atomic Safety and Licensing Board Panel
To:	CALIFORNIA, UNIV. OF, LOS ANGELES, CA, COMMITTEE TO BRIDGE THE GAP, NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
References
CON-#485-154 OL, NUDOCS 8511130311
Download: ML20205G655 (11)

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UNITED STATES OF AMERICA I NUCLEAR REGULATORY COMMISSION

1. l to%'a VA ATOMIC SAFETY'AND LICENSING BOARD NOV'07985h Before Administrative Judges: $$w John H Frye, III, Chairman b Glenn 0. Bright g "

Dr. Emmeth A. Luebke SERVED NOV 121985 In'the~ Matter of Docket No. 50-142 OL (Proposed Renewal of

-THE REGENTS OF THE UNIVERSITY ) Facility License)~

-0F CALIFORNIA )

-(UCLAResearchReactor)

November 8, 1985

- MEMORANDUM AND ORDER PROPOSED BY THE PARTIES DISMISSING THE PROCEEDING On October'10, 1985, UCLA, the Connittee to Bridge the Gap (CBG),

and the NRC Staff filed a joint stipulation and request for dismissal of

-this proceeding. This proceeding was suspended on June 22, 1984, following a request from UCLA to withdraw its license renewal application because of its intent to seek an order authorizing dismantlement of the facility and termination of license pursuant to 10 CFR 6 50.82.

• On July 26, 1984, UCLA filed an application seeking permission to dispose of the component parts of its Argonaut reactor and termination of its license. The NRC Staff published a notice that it was considering this application and afforded interested persons an opportunity to intervene. CBG filed a petition in response to this notice.

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l 1The.' stipulation states that by September 30, 1989 UCLA will

- dismantle and dispose of all reactor components and equipment except.for the biological' shield'and components described in the stipulation. The parties also agreed to preservation of certain documents described in the stipulation { notice to CBG by UCLA of an intent to dispose of the

' documents, continuing service of NRC.and UCLA documer.ts to CBG, continuation of the local public document room until completion of dismantlement; and dissolution of our protective orders. In return for UCLA's commitments, CBG agrees to withdraw its petition to intervene in the dismantlement proceeding and waives any discretionary right to inte'rvene.

The parties request that we approve their stipulation, grant UCLA's request for withdrawal of the renewal application, dismiss this proceeding and provide the authority for " possession only" of the reactor and by-product material for not more than four years and solely for the purpose of dismantlement.

After reviewing the stipulation, we enquired whether the agreement re tched by the parties might limit Staff's authority to take enforcement on other action with respect to the dismantlement of the reactor.

(Unpublished Memorandum and Order, October-16, 1985.) Staff responded for itself, UCLA, and CBG on October 30. Staff indicated that it believes that none of the obligations contained in the agreement limits its ability to take any action necessary to assure the safe and troper

. maintenance of the facility, compliance with NRC regulations, and safe dismantlement of the reactor. Staff supported this conclusion with an

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l analysis of the terms of the agreement. We concur in Staff's conclusion.

We also enquired whether possible public release of the UCLA

security plan might compromise the security plans of other operating research reactors. In its response, Staff indicated that there is no requirement prohibiting disclosure of a non-power reactor security plan once special' nuclear. material is removed from the site. Further, Staff advised that it is not clear that any harm could stem from the release of the UCLA security plan. We accept Staff's assurances in this regard.

In consideration of. the foregoing, it is this 8th day of November, 1985, ORDERED:

1. The parties' stipulation of September 30, 1985 is approved.

2. Our protective orders concerning safeguards and security information are vacated.

3. The Regents of the University of California is authorized possession but not operation of the UCLA Argonaut-UTR, and possession of byproduct material in accord with provisions of the Appendices to this Order (which are incorporated herein by

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reference) until midnight September 30, 1989, solely to allow dismantlement. This date may not be extended.

4. UCLA's request to withdraw its application for license renewal is granted without prejudice.

5. License R-71 is tenninated and cannot be revived.

6. The Argonaut-UTR at UCLA may never operate again nor may its

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, component parts be used for another reactor at UCLA.

7. The provisions of this Order may not be changed nor may the terms of the stipulation be modified without agreement of the three parties.

8. This proceeding is dismissed.

THE ATOMIC SAFETY AND LICENSING BOARD

1. 2 h, Glenn 0. Bright /

ADMINISTRATIVE JUDGE y 71 0.

y Dr. Enneth A. Luebke ADMINISTRATIVE JUDGE 7

lJoh K F .e, III, Chairman DMI IST IVE JUDGE Bethesda, Maryland November 8, 1985 Attachments:

As stated

APPEN0!X #1 TO ORDER ,,

1. The facility shall be maintained according to the following:

A. This Order applies to the Argonaut-type nuclear reactor (hereinafter the reactor) which is owned by the Regents of the University of California (hereinafter the University) located on its campus in Los Angeles, California, and described in the University's application dated February 20, 1970, as amended.

B. Subject to the conditions and requirements incorporated herein, the Atomic Safety and Licensing Board hereby authorizes the University of California:

(1) Pursuant to Section 104c of the Act and 10 CFR Part 50 -

" Domestic Licensing of Production and Utilization Facilities " to possess but not operate the reactor.as a utilization facility at the designated location in Los Angeles, California in accordance with the procedures and limitations described in the application and in this Order.

(2) Pursuant to the Act and 10 CFR Part 30 " Rules of General Applicability to Domestic Licensing of Byproduct .

Material " to possess, but not to separate, such byproduct l

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material as may have been produced by operation of the reactor. .

C. This Order shall be deemed to contain and is subject to the conditions specified in Parts 20, 30, 50, and 51, of 10 CFR Chapter I, to all applicable provisions of the Act, and to the

! rules, regulations and orders of the Commission now or

. hereafter in effect and to the additional conditions specified below:

(1) Operation

The University shall not install fuel or experiments within the reactor core or core area.

(2) Conditions The Conditions contained in the attached Appendix #2 are hereby incorporated into the Order. The University shall conduct all activities in accordance with the Conditions in Appendix #2. The University may.make no changes to the conditions of Appendix #2 which sigriificantly decrease the level of safety at the facility or any other changes to i

the facility unless authorized by the Commission.

D. The authorizations and requirements of this order are effec-tive as of the date of issuance and shall expire at midnight.

. September 30, 1989, except for the authority to possess the

. biological shield, and those components agreed by the stipu- ,

lation of the parties as exempted from initial dismantlement.

In addition to this Order, dismantlement of the facility will be carried out in. accord with an order authorizing dismantle-ment issued by the Nuclear Regulatory Commission Staff. Such order authorizing dismantlement may allow dismantlement in one or more phases and may pennit disposal or safe storage of the biological shield.

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e APPENDIX 2 CONDITIONS I. Definitions A. Operable Operable means a system or component is capable of performing its intended function in a normal manner.

B. Operating , ,

Operating means a system or component is perfoming its intended function in a parmal manner. .

C. Opera'411t.v h Test ,,, ,

Operability test means qualitatively verifying the operability of the channel by observation of channel behavior or by the introduction of an externally generated signal. '

D. Calibration -

Calibration means ad.iustino a channel output such that it responds, withir acceptable range and accuracy, to known values of the i parameter which the channel measures. Calibration shall enenmoass the entire channel including equipment actuation, alarm or trip.

II. Site and Reactor Ronn A. Site

1. The reactor shall be housed in a reinforced concrete huildian in the School nf Enginee-ing and s.polied Science, Liniversity of California, Los Angeles, California.

2. The restricted area shall encompass the Nuclear Energy Laboratory which is comprised of the reactnr room, control ronn, and siirrounding suppor+ facilities.

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B. Reac. tor Room

1. The reactor roon shall have an independent ventilation and air-conditioning system.

2. All gases which may cause a hazard shall be exhausted to the environment via a conunon exhaust duct.

3. Air withdrawn from the reactor room shall be diluted to a volume rate of approximately 14.000 cfm. monitored for gaseous activity and particulate contamination, and exhausted to the atmosphere through a stack approximately 107 feet above the ground level.

III. Radiation Monitoring System A. The reactor room shall be continuously monitored by at least

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of audibly warning personnel of abnormally high radiation

• levels. The output of these monitors shall .be continuously indicated.

8. During reactor dismantling operations, exhaust air drawn from th'e reactor room shall be continuously monitored for gross -

/ concentrations of radioactive gases.

C. The radiation monitors in items A and B shall be calibrated semiannually.

D. The release of radioactivity from the reactor facility shall be kept to as low a level as reasonably achievable.

IV. Administrative Peovirenants A. Tha Chance 11er of the liniversity, the nean n' the Schnol of

Eaoineericq and Applied Science, the Director o' the Nucipar l Energy Laboratory, end the reactor Supervisnr shall have j line responsibility for the administrative control of the reactor facility, safeguarding the general public and facility

. personnel from radie+1on exoosure and adhering to all reautre-nents of the facility license and the technical spacificetions.

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8. .The ritector supervisor shall be responsible for the keeping of logs and records, the maintenance of the physical condition of the reactor and the training of personnel.

C. Line responsibility for radiological safety at the Nuclear Energy

. Laborstory shall include successively, the Campus Radiation Safety ,

Ccamittee, the Office of Research and Occupational Safety and the '

health physicist assigned to the Nuclear Energy Laboratory. The Campus Radiation Safety Committee shall be independent of the line organization for reactor dismantling operations in ites A.

D. The health physicist assigned to the Nuclear Energy Laboratory shall be responsible for implementing and enforcing the radiological safety program. ,

E. A Radiation Use Committee cnaposed of the reactor supervisor, a radiation health physicist and three other members having expertise

. in radiation safety shall review reactor dismantling activities.

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Comittee members shall be appointed by the Dean of the School of

, Engineering and Applied Science. A quorum shpil be three members.

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The Radiation Use Committee shall keep written records of its meet-ings. The Committee shall report directly to the dean of th School

. of Engineering and Applied Science. The Radiation Use Committee shall:

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1. Review proposed changes to the facility or procedures, when such changes have safety significance, and shall determine

!- whether they involve a change in the conditions incorporated in the Order authorizing possession of the facility and recommend action.

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2. Review the circumstances of all abnormal occurrences and violations of conditions of the Order authorizing possession of the facility and proposed measures to preclude a recurrence, and recommend remedial action.

F.. Any action recessended by the Radiation Use Committee which may

. affect the operation and/or safety of *.he University comunity beyond the Nuclear Energy Laboratory facility shall be brought

'to the attention of the Campus Radiation Safety Committee which shall have veto power to such a recommendation.

G. The facility shall be maintained in accordance with approved written procedures. All procedures and major changes thereto shall be reviewed and approved by the Director of the Nuclear Energy Laboratory prior to becomino effective. Changes which do not chance the orioical intent of a procedure may be approved in writing by the R* actor Supervisor. Such changes shall be racneded and submitted to the Diractor for rnntine review. The following types of written pror.edures shall be maintained:

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1. procedures which delineate the action required in the event of emergencies.

2. Radiological cbntrol procedures for all facility personnel.

N. In addition to the requirements of applicable regulations, and in an

' way substituting therefor, the following minimum records shall be maintained: .

l 1. Abnormal occurrences.

2. Shipments of radioactive materials.

3. Releases of gaseous, particulate, and liquid wastes to the environs.

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, , Facility radiation and contamination surveys.

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5. Fuel inventories and fuel transfers.

6. Radiation exposures for all facility personnel.

'. I. tee following actions shall be taken in tfie event of an abnorma'1

occurrence.

1. Any abnormal occurrence shall be promptly reported to the Reactor Suoervisor and shall be reviewed by the Radiation Use Committee. A report of the occurrence shall be prepared, including an evaluation of the cause(s) and recourwndations for appropriate action to prevent or reduce the probability of recurrence. The results of the investigation shall be maintained as part of the permanent records.

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2. All abnormal occurrences shall be reported to the U.S.

Nuclear Regulatory Comission in acenrdance with Section J.L. of these specifications.

3.

Abnormal occurrences shall include, but not necessarily be -

limited to, the following:

a. a violation of the conditions or the order authorizing possession;

b. an unennten11ed or urae'.icipated eplease of radin-activity from the site;

f l J. In addition to the requirements of the applicable regulations, and in no way substituting therefore, the following reports shall be made to the NRC. All reports shall be addressed as specified in 10 CFR 50.73(d).

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1. A report not later than the following working day, by telephone or telegraph, and a report within 10 days, in writing, of:

a. Abnonnal occurrences as defined in Section I.

b. Releases of radioactivity from the facility above the guidelines specified in 10 CFR Part 20. Appendix B.

Table II.

2. A report within 30 days, in writing, of any significant changes in the facility organization.

3. A routine report, in writing, at the end of each 12-month period providing the following information:

a. A discussionof the changes in'the facility and pro-cedures carried out without prior approval by the USNRC pursuant to 10 CFR Part 50 Section 50.59.-

b. A summary of the nature and amount of radioactive material released to the environs.

c. The results of any environmental surveys performed -

outside the facility.

d. A suusary of significant (above 500 mrem) radiation exposures received by facility personnel and visitors in any one year, including the dates and times of significant exposures.

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