ML20246E494
| ML20246E494 | |
| Person / Time | |
|---|---|
| Site: | 07000025 |
| Issue date: | 08/22/1989 |
| From: | Bloch P Atomic Safety and Licensing Board Panel |
| To: | AFFILIATION NOT ASSIGNED, NRC OFFICE OF THE GENERAL COUNSEL (OGC), ROCKWELL INTERNATIONAL CORP. |
| References | |
| CON-#389-9084 89-594-01-ML, 89-594-1-ML, ML, NUDOCS 8908290150 | |
| Download: ML20246E494 (7) | |
Text
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l UNITED STATES OF AMERICA 4'-
NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD ED M 23 y 1
Before Administrative Judge:
Peter B. Bloch MSERVED AUG 2 9 1989.
.In the Matter of Docket 70-25 ROCKWELL INTERNATIONAL CORPORATION Request to Renew Rocketdyne Division For Ten Years
-(Special Material License ASLBP No. 89-594-01-ML Number SNM-21)
August 22, 1989 MEMORANDUM AND ORDER (Scheduling A Telephone Conference)
With great respect, I welcome all the participants to this case wholeheartedly.
I.
History of Proceeding On August 21, 1989, Dr. Robert M.
Lazo, Acting Chief Administrative Judge, Atomic Safety and Licensing Board
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Panel, designated me as the presiding officer in this case, pursuant to 10 C.F.R. S 2.1207 of the Commission's Regulations, " Informal Hearing Procedures for Materials Licensing Adjudications."
At the same time, Judge Lazo announced my decision to appoint Gustave A. Linenberger, OfKh99 fro 7o a+
, i Jr., to assist me in taking evidence and in preparing a l
suitable record for review.
The first event in this proceeding was the May 25, 1989, filing by Rockwell International Corporation, Rocketdyne Division, of an " Application for Renewal of License No. SNM-21, Docket 70-25, issued to the Rocketdyne Division of Rockwell International Corporation" (Renewal Application).
The Renewal Application claims to follow guidance for renewal applications for uranium fuel fabrication plants.
On June 22, 1989, Jon Scott -- who states that he lives within two (2) miles of the affected nuclear research facility -- wrote in opposition to the Renewal Application.
He cited a Daily News report of " radioactive contamination",
excessive radiation exposure of nuclear workers in the 1960s, two subsequent overexposure events, and litigation settlements of claims of three workers who allegedly had radiation-caused cancer.
Also on June 22, 1989, Jerome E. Raskin and Estelle Lit and 35 other people also objected to the Renewal Application.
They express concern about the quality of life in the San Fernando Valley and about the safety of emergency evacuation plans.
They cite the Daily News of May 14, 1989 for the following proposition: that there are ten areas of potential toxic or radioactive contamination at the affected
facility. The requesters question the possible long-term cancer threat from these conditions.
They then claim, i
t apparently based on the same article:
(1) That the Sodium Burn Pit, used until 1978 for the disposal of chemical and "some" radioactive
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contains unauthorized radioactively contaminated equipment and toxic wastes and that there are " deteriorated" and allegedly ineffective i
berms that were designed to prevent rain water from running from the pit to Simi Valley; (2)
That rainwater apparently seeped into Building 059, where radioactive material and equipment remain, and may have carried some of the radioac-tive material from the building to the soil; (3)
That Applicant permitted a Leach Field, or pit, to be so badly contaminated in 1975 (by accident) that cleanup efforts were not completed before they were discontinued in 1978; (4)
That last September, ten areas of potential radioactive contamination were discovered but.
" extensive testing" was completed anyway;'
(5)
That drilling [only?] a dozen wells to see whether there is danger of contamination of ground water, is not " good management" because of the importance of ground water, which furnishes 15 percent of the drinking water of Los Angeles.
(6)
That Rockwell management cannot be trusted to monitor the "few million gallons" of treated waste water it dumps into Bell Creek a few days each month because of suspected criminal conduct of Rockwell in handling wastes at Rocky Flats, near Denver;2 and (7)
That there allegedly are "some governmental regulatory agencies" that improperly do not know what is involved at the site.
' Citing the Daily News of Sunday, June 18, 1989 by Tony Knight.
2Citing Dailv News, June 8, 1989.
4-Petitioners state that Congressman Elton Gallegly is 3
. concerned and that " EPA has now agreed to become fully immersed in this."
II.
Anticipated Events Within ten days of my appointment as presiding officer, the Staff is expected to indicate whether it intends to appear as.a party to this proceeding.
10 C.F.R. S 2.1213.
It has.the same ten days within which to file an answer to the requests for hearing.
10 C.F.R. S 2.1205 (f).
I note that Applicant-appears to have let the time permitted for its answer to have run.
Id.
It appears that the requests we discussed above are filed within the allotted time.
10 C.F.R.
S 2.1205 (c) (2) (1).
If a request for a hearing is granted, then I am directed to publish a Federal Recister notice, which has the purpose of notifying other potential requesters and limiting the time within which people may file requests.
10 C.F.R.
S 2.1205(i).
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III.
Importance of the Tone of This Proceeding As we stand at the beginning of what may become an 1
important proceeding affecting the lives and economic 3 iti..;
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welfare of many people, we have an opportunity to establish f
a: fruitful, efficient, respectful working relationship.
Or, on the other hand, one-or more of the participants may already have decided, irrevocably, that it is not possible l
to trust the others and that the only way to work is strictly by the rules.
As Presiding Officer, I have both the responsibility for governing this proceeding and for facilitating settlement of some or all of the issues.
Although I personally favor a cooperative style of pursuing a case, I
assure all'the participants that their decisions concerning stipulations or settlements will not affect any decisions that are not directly governed by an agreed stipulation or settlement.
As Presiding Officer, I am responsible to " Hold conferences before or during the hearing for settlement, simplification of the issues, or any other proper purpose."
10 C.F.R. 5 2.1209 (c).
Furthermore, "The fair and i
l reasonable settlement of proceedings subject to this subpart is encouraged."
10 C.F.R. S 2.1241.
It is pursuant to my authority to simplify and to encourage settlement that I have decided to call a telephone conference for September 1, 1989 at 2 pm, edt.
On motion of
-a participant, the time of this conferer.ce may be changed or 1
j a face to face meeting may be substituted.
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'l The purpose of the conference will be to produce understanding and simplification, and I: request that each participant determine how it may best contribute to accomplishing that goal.
If any of the participants consider it appropriate, we may also discuss establishing scheduling targets for this case.
In the interest of establishing a cooperative working environment, I request each of the participants to consider:
(1) stipulations.considering the party statur of the requesters and the issues they have raised, (2) ways for-the Staff and Applicant to make it easy for requesters to obtain responsive information, particularly through supplying documents and informal conferences, (3) ways the requesters might contribute to the Staff's review process, (4) ways the requesters can inform Applicant and Staff of the basis for their concerns, in an effort to resolve their concerns, and (5) stipulations by participants as they i
become more fully informed about the merits of their own views and those of the others.
I urge the participants to consider that the.way we i
approach this proceeding together may have an important impact on what we will accomplish.
Res ectfully ORDERED, D'
Presiding Officer Peter B. Bloch, Administrative Judge
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I UNITED STATES OF AMERICA NUCLEAR RESULATORY COMMISSION
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In the Matter of I
I ROCKWELL INTERNATIONAL CORPORATION I
Docket No.ts) 70-25-ML 1
(Rocketdyne Division, Special i
Nuclear Materials License SNM-21) l l
CERTIFICATE OF SERVICE 1 hereby certify that copies of the foregoing LB (SCHEDULING TELECON CONF) have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.
Administrative Judge Administrative Judge Peter B. Bloch Sustave A. Linenberger. Jr.
Presiding Officer Special Assistant Atcate Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Ccamission U.S. Nuclear Regulatory Ccesission Washington, DC 20555 Washington, DC 20555 Office of the Seneral Counsel Jon Scott U.S. Nuclear Regulatcry Ccasission 6 Roundup Road Washington, DC 20555 Bell Canyon, CA 91307 st. al.
Estelle Lit Jerces E. Raskins 18233 Bereuda Street c/c 18350 Les Alises Northridge, CA 91326 Northridge, CA 91326 Dated at Reckville. Md. this 23 day of August 1959 aanr;rn; ac;;n;r;rn;,a;n;nn ggS&
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UNITED STATES OF AMERICA NUCLEAR RESULATORY COMMISE!ON
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In the Matter cf I
I ROCKWELL INTERNATIONAL CORPORAT!DN I
Decket No.(s) 70-25-ML 1
(Rocketdyne Division, Special i
Nuclear Materials License SNM-21)
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CERTIFICATE OF SERVICE I hereby certify that ecpies cf the foregoing ECHDULING TELECON CONF have been served upon the folleming persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Esc. 2.712.
Atomic Safety and Licensing Appeal Administrative Judge Peter B. B!cch Beard Presiding Officer U.S. Nuclear Regulatcry Ceesission Atcaic Safety and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Ccesissica Washington, DC 205!5 Administrative Judge Gustave A. Linenberger, Jr.
Special Assistant Atcait Safety and Licensing Board Office of the General Ccunsel U.S. Nuclear Regulatcry Ceesission U.S. Nuclear Regulatory Cesatssion Washington, DC 20555 Washingten, DC 20555 R. T.
Lancet Directer Rockwell International Corporation Jon Scott Rocketdyne Division 6 Roundup Read 6633 Canega Avenue B:11 Canyon, CA 91307 Canega Park, CA 91304 Estelle Lit 18233 Bersuca Street Jarese E. Raskins, et. al.
c/c 19350 Les A11acs Ncrthridge, CA 91326 Northridge, CA 91326 Datec at Rockville, Md. this 29 day of August 1989 OIIice" i~5he Escreiir~~ci~Ihe CossiIiicn
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v Copy f axed to R.T. Lan t this date.
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