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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
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e 00CMETED US%M JOHN H. BAY 2 DOROTHY THOMPSON NUCLEAR LAW CENTER
'83 SD' 15 A11 :12
~
3 6300 Wilshire Blvd., Suite 1200 Los Angeles, CA 90048 hhhh(c,5ECRtg"*'
z 4 Telephone: (415) 393-9234 BRANDi (213) 653-3973 5
Attorneys for Intervenor 6 (Contention XX)
COMMITTEE TO BRIDGE THE GAP 7
8 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 9 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 10 In the Matter of )
)
yi THE REGENTS OF THE UNIVERSITY ) Doc. No. 50-142 OL OF CALIFORNIA )
12 ) Proposed Renewal of Facility (UCLA Research Reactor) ) License No. R-71 13 I 14 CCMMITTEE TO BRIDGE THE GAP'S RESPONSE TO 15 NRC STAFF PETITION FOR RECONSIDERATION OF THE LICENSING BOARD'S MEMORANDUM AND ORDER 16 RULING ON STAFF'S MOTION FOR
SUMMARY
DISPOSITION 17 I.
18 INTRODUCTION 19 On July 26, 1982 in an attempt to expedite the hearing 20 process Atomic Safety and Licensing Board (" Board") requested that 21 Intervenor COMMITTEE TO BRIDGE THE GAP ("CBG") submit an initial response to the NRC Staff Motion for Summary Disposition of Con-23 tention XX, which response was to be limited to the issues of whether 24 Applicant must protect against radiological sabotage and whether 25 Applicant must meet the requirements of 10 C . F. R. 5 73.60. On 6
September 7,1982 CBG submitted the requested response. On May 11, 1983 the Board denied Staff's summary disposition motion. On August 28 8309160063 830912 2 PDR ADOCK 05000142 J G -
PDR J
1 1
1 15, 1983 the Staf f filed a motion for reconsideration. On this date, 2 over one year af ter the Board's initial request, CBG hereby submits 3 its reply to the motion for reconsideration in what it hopes will be 4 the last pleading on this issue.1/
5 In its May 11, 1983 Order, the Board ruled that the PuBe 6 sources possessed by Applicant were to be included in determining the 7 applicability of 10 C.F.R. S 73.'60 and that, pursuant to 10 C.F.R.
8 S 73.40(a), Applicant must protect against radiological sabotage.
9 The NRC Staff has requested reconsideration of these two rulings. As 10 will be shown below, the Board's previous ruling was correct and 11 should be upheld.
12 II.
13 PuBe SOURCES ARE NOT EXEMPT UNDER 10 C.F.R. S 73.60 14 In our September 7,1982 brief, CBG set forth and discussed at length the statutory provisions mandating the inclusion of PuBe sources under 10 C.F.R. S 73.60. In its May 11, 1983 Order, the Board provided its own extensive and well-researched interpretation of 10 C.F.R. S 73. 60 and 10 C.F.R. S 73.67 and the regulatory history of those sections. The conclusion in each instance was that PuBe 20 sources are exempt from 5 73.67 and not from S 73.60. Staff and 21 Applicant argue that this interpretation leads to untenable and 22 inconsistent results. In fact, this intrepretation is perfectly 23 consistent with and promotes the Commission's safeguards policy.
24 25 If As stated above, CBG has not been given an opportunity to conduct discovery 26 and respond to the factual portions of Staff's sunmary disposition motion.
Therefore, should Staff prevail on the instant notion for reconsideration, CBG 27 will request the opportunity to conduct discovery and so respond.
28
I 10 C . F. R . S 73.67 provides physical protection require-2 ments for licensees possessing low and moderate quantities of SNM.
3 These licenses are by definition not targets for adversaries wishing 4 to divert SNM. Therefore, it is possible for the Commission to 5 exempt PuBe sources possessed by such licensees in order to achieve 6 other regulatory ends without endangering the common defense. On the 7 other hand, licensees possessing formula quantities of SNM, re-8 gardless of type, are potential diversion targets and must be 9 secured.
10 SECY-79-38 submitted to the Commission by the Office of 11 Standards Development to obtain Commission approval of certain 12 revisions to 10 C.F.R. Part 73 (attached to Staff Petition for 13 Reconsideration), provides a useful outline of the Commission's 14 policy regarding PuBe sources and confirms the foregoing explanation 15 of their inclusion in S 73.60 and not S 73.67. The policy underlying 16 the formula quantity security threshhold of 5000 grams SNM found in 17 5 73.60 is that it is a formula quantity that an adversary would need 18 to construct a nuclear explosive device. Thus, when a formula 19 quantity is present at one contiguous site, that site becomes a 20 target and increased security is required. The Staff notes this 21 policy albeit in the converse, on page 2 of SECY-79-38 where it 22 explains that PuBe sources should be exempted from S 73.67 because 23 an adversary would have to commit several acts of thef t in order to 24 obtain a formula quantity. Thus, from a security policy point of 25 view, small quantities of these PuBe sources do not, in and of 26 themselveu, pose an undue security risk.
27 28
1 As is evident from pages 5 and 6 of SECY-79-38, may 2 licensees possess only PuBe sources or only PuBe sources and self--
3 protected fuel. The PuBe source exemption reduces the number of 4 licensees for SNM of low strategic significance from approximately 5 500 to only about 61. In other words, approximately 440 licensees 6 with PuBe sources possess no other non-exempt SNM. Thus, for these 7 licensees, the exemption removes them from NRC security regulations, 8 saves them hundreds of thousands of dollars each, and thereby 9 promotes the Commission's policy of reducing regulatory costs for 10 research and educational licensees. It is clear that these 440 11 licensees do not constitute potential targets for adversaries.
12 Therefore, the PuBe exemption for 70 C.F.R. S 73.67 licensees 13 relieved them from an unnecessary regulatory burden without com-14 promising health, safety and common defense. This is not the 15 situation at UCLA.
16 A PuBe source only ceases to become a security risk when 17 it is not found on a contiguous site with other PuBe sources or other
! 18 SNM such that the total SNM on site constitutes a formula quantity.
19 Thus, while there may be no need to protect single isolated PuBe 20 sources, facilities with formula quantites of SNM, whatever type, l
21 are potential targets and must be protected. UCLA, possesses at one 22 contiguous site at least 4920 grams U-235 and three PuBe sources, 240 l
l 23 grams SNM equivalent.2/ At UCLA, an adversary can obtain a formula
- 24 quantity of SNM on one site. Tnus, Applicant is subject to 10 C.F.R.
i l 25 ~2/
10 C.F.R. S 73.60 provides that "each non-power reactor licensee who, i pursuant to the requirement of Part 70 of this Chapter, possesses at any site or 26 contiguous sites subject to control by the licensee" [a fornula quantity of StM]
l nust comply with the requirements of this section. At the August 27,1979 meeting 27 held by the NRC Staff at Glen Ellyn, Illinois to discuss the "Inpact of the i
Safeguards Upgrade Rule on Nonpower Reactor Licensees," Mr. Donald Carlson atxl 28 Mr. Steve Ranos of the NBC Staff indicate that the Office of the Executive Legal Director has interpreted contiguous to mean anything within one mile. Meeting transcript p. 23:8-19 attached hereto as Exhibit A. All three PuBe sources possessed by Applicant are well within a mile of the reactor and, more accurately, within several hundred feet.
A
1 5 73.60, and increased security is called for, and it would be 2 inconsistent with rationale safeguards policy to interpret 10 C.F.R.
3 5 73.60 in any other manner.
4 III.
5 APPLICANT MUST PROTECT AGAINST SABOTAGE As the Board correctly ruled in its May 11, 1983 Order, 7
Applicant is required by the provisions of 10 C.F.R. S 73.40(a) to 8
protect against sabotage. Staff argues that S 73.67 provides the 9
sabotage protection requirements for this Applicant. In fact, S 10 73.67 does not provide any sabotage protection and does not purport to deal with sabotage.
13 The Statement of Consideration issued with 10 C.F.R. S 73.67 and SECY-79-38 and cited on page 11 and 12, respectively, of 15 Staf f's Petition make it clear that sabotage is outside the scope of 10 C.F.R. S 73.67.
The proposed amendments, that are the subject 17 of this paper are limited to consideration of theft of SNM and do not include sabotage pro-18 tection. (SECY-79-38 p. 5) 19 l To assert that these comments by the NRC Staff mean that 10 C.F.R.
20 S 73.67 provides the sabotage protection requirements for licensees 21 with less than formula quantity of SNM is sophistry.3/ The fact of 22 the matter is that in adopting 5 73.67 the Commission acted according i 23 24 l 3] It is even more difficult to square the statenents found in footnote 4, page 25 9 of Staff's petition with the Code of Federal Regulations. In footnote 4, Staff asserts that non-power reactors of higher power and greater fuel consumption are 26 abviculsy subject to more stringent regulations than low power research reactors. Staff sites no authority for this statement. CBG subnits there is 27 none. Nowhere in Part 73 is there a differentiation between non-power reactors based on operating power or fuel consurption.
28
(
I 1
to Staff's recommendation to deal with theft and diversion first.
2 The Commission has not, to date, resolved the issue of specific 3 sabotage requirements for such licensees. Therefore, the Board's 4 citation to the Columbia proceeding (Trustees of Columbia Univer-5 sity , ALAB-3, 4 AEC 84 9 ( 1972 ) was appropriate in that there are no 6 specific sabotage provisions under which to implement the general 7 requirement to protect against" sabotage found in 10 C .F.R. S 8 73.40(a). The Board must determine on a site specific basis whether 9 Applicant has adequate security to meet the requirements of 10 C.F.R.
10 5 73.40(a). This determination must, in part, be based on a con-11 sideration of the potential health and safety consequences of an act 12 of sabotage at the facility. Contrary to the citation by Staff to 13 the abstract of a report that implies that sabotage at UCLA would not 14 endanger the public health and safety, CBG's expert has already 15 testified in response to Staff's and Applicant's summary disposition 16 motions that an act of sabotage could result in a release of 80% of 17 the fission product inventory causing radiation releases to the 18 public of millions of M. Declaration of Dr. Kaku T 83. At the 19 very least, a factual dispute exists as to the consequences of 20 sabotage and, thus, as to the adequacy of Applicant's sabotage 21 protection.
22 IV 23 CONCLUSION 24 Staff has shown no basis for reconsideration of the 25 Board's May 11,198 3 Order. PuBe sources are not exempt from the SNM 26 count for S 73.60. At facilities such as Applicant's, where a 27 formula quanity of SNM is found on one contiguous site, the PuBe 28 1 source as well as the unprotected fuel is a target for diversion.
2 10 C.F.R. S 73.40(a) requires protection against sab-3 otage. 10 C .F.R. S 73.67 provides specific requirements only for 4 protection against thef t and diversion and does not even purport to 5 cover sabotage. Thus, until such time as the Commission promulgates 6 specific requirements or exemptions, the Board must apply the 7 general requirements of 5 73.40(a) to this Applicant on a site 8 specific basis. Based on the foregoing, the NRC Staff Petition for 9 Reconsideration should be denied.
10 Respectfully submitted, 11 JOHN H. BAY DOROTHY H. THOMPSON 12 NUCLEAR LAW N R 13 By , 67 Attorneyg for Intervdflor 14 (Contention XX)
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23 I maintain them both under a trigger quantity, is it 2 NMSS's contention to bring the fuel together or keep k l
3 them apart in' separate licenses? If the fuel on our 4 site is brought together, then we'll go over trigger 5 and go into Category I. If it's kept under a reactor 1
6 license and an SUM license, then we'll stay out of i 4
7 Category I.
1 8 MR. CARLSON: Depends on if they're contiguous .
9 MR. RAMOS: I forget how far apart that is, 10 pag, h 11 MR. DORAN: 150 yards.
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12 MR. RAMOS: That's considered one site.
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13 MR. LIGHT: Ron Light, General Electric.
E 14 Based on what?
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17 mile. Anything greater than a mile is not considered --
__ g 18 MR. LIGHT: Is'that in writing?
1 19 MR. RAMOS1_ -- a continguous s i t e _.
20 I think so, but I'm not positive. 4 21 MR. LIGHT: So then it's a determination and ,
22 not an interpretation?
23 MR. RAMOS: Yeah. i 24 MR. LIGHT: There. fore, it's not legal.
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25 MR. RAMOS: That's right. Not legal unless I t
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United States of America NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of Docket No. 50-142 OL THE REGENTS OF THE UNIVERSITY )
10F CALIFORNIA ) (Proposed Renewal of Facility (UCLA Research Reactor) ) License)
)
4 CERTIFICATE OF SERVICE I hereby certify that copies of the attached COMMITTEE TO BRIDGE THE GAP'S RESPONSE TO NRC STAFF PETITION FOR RECONSIDERATION OF THE LICENSING BOARD'S MEMORANDUM AND ORDER RULING ON STAFF'S MOTION FOR
SUMMARY
DISPOSITION 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: September IZ, 1983 John H. Frye, III, Chairman Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Emmeth A. Luebke Administrative Judge Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Glen O. Bright Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Chief, Docketing & Service "O" iur (3)
Office of the Secretary U.S. Nuclear Regulatory Com+tssn,..
Washington, D.C. 20555 Counsel ' for NRC Staf f U.S.. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Ms. Colleen P. Woodhead William H. Cormier Office of Administrative Vice Chancellor University of California 405 Hilgard Avenue Los Angeles, California 90024 n cy ,--w ,-,e -- .we , . , - , - - r , - - ------, , , . , - , - - - , - - ,-~~r ,,~,- -n- - +-
dhristine Helwick Glenn R. Woods Office of General Counsel 590 University Hall 2200 University Avenue Berkeley, CA 94720 Lin Naliboff Deputy City Attorney Office of the City Attorney City Hall 1685 Main Street Santa Monica, CA 90401 Committee to Bridge the Gap 1637 Butler Avenue, Suite 203 Los Angeles, California 90025 Daniel Hirsch P.O. Box 1186 Ben Lomond, CA 95005 Dorothy Thompson Nuclear Law Center 6300 Wilshire Blvd., Suite 1200 Los Angeles, CA 90048 Carale F. Kagan, Esg.
Atomic Safety and Licensing Board Pane U.S. Nuclear Regulatory Commission Was ington, D.C. 20555 U) d/ '
John H/j B'ay 8 l
Counsel for Intervenor COMMITTEE TO BRIDGE THE GAP 4
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