ML20237J845

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Discusses 810427 Telcon W/R Odegarden That Continued 810424 Discussions Re Apparent Problems W/Shipment of UCLA Fuel
ML20237J845
Person / Time
Site: 05000142
Issue date: 09/01/1987
From: Bernard H
Office of Nuclear Reactor Regulation
To: John Miller
Office of Nuclear Reactor Regulation
Shared Package
ML20237H679 List:
References
FOIA-85-196 NUDOCS 8709040094
Download: ML20237J845 (2)


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UNITED STATES 6

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WASHINGTON, D. C. 20555

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I NOTE TO:

James R. Miller, Chief, Standardization & Special Projects' Branch, DL I FROM:

Hal Bernard, Project Manager, Standardization & Special Projects Branch, DL

SUBJECT:

TELEPHONE CALLS TO R. ODEGARDEN RE:

UCLA FUEL SHIPMENT 2:35 ON APRIL 27, 1981 I phoned Mr. Odegarden to continue the discussions begun on April 24, 1981 regarding apparent problems concerning shipment of UCLA fuel that they

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brought to Mr. Miller's attention (on April 24,1981).

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Mr. Odegarden phoned Mr. WilhrF on April 24, 1981 indicating that UCLA

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was in violation of 10 CFR 70.12. Mr. Miller wanted me to follow up on

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3 this to determine if indeed there was a violation.

r As I understand it, UCLA delivered a cold (nover irradiated) fuel element to Atomics International located 20+ miles from UCLA.

The fuel element A

contains about 375 grams of 90% enrTched V 235.

There is an apparent l

difference of opinion on the regulations concerning the propriety of the l

above fuel transport activity by UCLA.

On April 24, I phoned Mr. Odegarden to indicate that we did not feel 70.12 was the only condition that pertained in the UCLA situation and suggested a meeting on April 30, 1981 with the transportation section to review the situation and come to a consensus. Mr. Odegarden said that he would set something up and call me back with the details.

As Mr. Odegarden had not phoned me regarding the aforementioned meeting, l

I phoned him on April 27, 1981 re-iterating the need to get together, especially now that I located a memo from Mr. Fonner (0 ELD) which indicates that 73.67 pertains to shipments of this type.

I also mentioned that NMSS i

indicated to me that in their opinion 73.67 pertained.

He told me what he thought of the NMSS opinion, t

After a little fencing, and not getting anywhere, I pointedly mentioned that we both work for NRC and if section(s) were potentially contradictory, we i

should resolve or interpret those sections to everybody's satisfaction.

He felt that there was no use in getting together, that 70.12 pertained.

If I didn't believe him, I wouldn't believe his Branch Chief or anybody.

I said I did not think he had a healthy attitude, and that I would be l

willing to put this discussion, the 10 CFR contradictions and our impasse in iting for our management to consider, if that was what he wanted.

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JamesR.'Si51er After listening to a 30 second diatribe on what he felt I could do with this, I " clicked" him off and wrote the above.

Attached are the relevant sections of 10 CFR 70.12, and 73.67(g) and the March 3,1981 memo from Mr. Fonner.

Recommendations:

I I still believe we should get together with that group.

I think we may need a referee as they appear to have a " patriarch" approach te 70.12.

I. think a few phone calls on your part to perhaps Mr. Crow and Mr. Fonner and then a meeting with OELD.

Participants:

Us Them MMSS DELD

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Har ld B

, Project Manager 3 S ndardization and Special Prcjects Branch Division of Licensing

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