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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:OTHER LEGAL DOCUMENT
MONTHYEARML20097A1271984-09-0707 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 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 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 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 ML20197H3831984-06-14014 June 1984 Request to Withdraw License Renewal Application on Condition That Application Be Made to Decommission 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 ML20091G8411984-05-30030 May 1984 Notice of T Taylor & D Hafemeister Depositions on 840604 & 05,respectively.Certificate of Svc Encl.Related Correspondence 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 ML20084E7271984-04-27027 April 1984 Notice of Appearance in Proceeding.Certificate of Svc Encl 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 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 ML20088A2011984-04-0606 April 1984 Response to Applicant 840330 Rept Re Reactor Shutdown, Repair & Testing Schedule.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 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 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 ML20235Z3051983-12-23023 December 1983 Committee to Bridge the Gap Memorandum as to Status of Contention Xx (Security) Re UCLA Application for Renewal of Ol.Allegations of Three NRC Employees Made ML20083A6601983-12-13013 December 1983 Position on Contention Xx.Aslb Should Clarify Specific Factual Matters in NRC Motion for Summary Disposition. Whether Univ Must Provide Protection Against Sabotage Is Only Issue.Certificate of Svc Encl ML20082T4171983-12-13013 December 1983 Memorandum as to Status of Contention Xx (Security),Per ASLB 831123 Memorandum & Order.Declaration of Svc Encl ML20080G7511983-09-14014 September 1983 Memorandum as to Committee to Bridge the Gap Witness Panel Composition,Per ASLB 830902 Memorandum & Order.Declaration of Svc Encl ML20080L9551983-09-0909 September 1983 Response to Committee to Bridge the Gap 830830 Comments on IE Insp Rept on SNM Possession.Gap Alleged Discrepancies Based on Conjecture & Misinterpretation of Reported Info. Certificate of Svc Encl ML20076H6481983-08-30030 August 1983 Response & Comment on IE SNM Inventory Insp Repts 50-142/83-02 & 70-0223/83-01.NRC Inventory Does Not Provide ASLB W/Sufficient Factual Basis to Establish Actual SNM Onsite.Certificate of Svc Encl ML20071H0431983-05-13013 May 1983 Response to Judge Laurenson 830422 Order Re Contention Ii. Parties Stipulated to Witnesses & Exhibits.Summarizes Witnesses Testimony.Ucla Case Will Be Presented in 4 H. Certificate of Svc Encl ML20073R2161983-04-29029 April 1983 Response to ASLB 830414 Order Detailing Licensee Legal Position Re Committee to Bridge the Gap Motion for Summary Disposition of Contention Xvii.Summary Disposition Should Not Be Granted.Certificate of Svc Encl ML20069K6291983-04-22022 April 1983 Answer to Applicant 830412 Reply to Committee to Bridge the Gap 830404 Comments on Sabotage Consideration.Regulation to Authorize Specific Contention Unnecessary.Certificate of Svc Encl ML20073C6841983-04-0707 April 1983 Memorandum Re Order of Presentation of Witnesses at Hearing. Objects to NRC Presenting Case Before Util.Proposal Would Be Improper Shifting of Burden of Proof from Util to Nrc. Declaration of Svc Encl ML20073B7631983-04-0707 April 1983 Objections to Certain Scheduling Matters Detailed in ASLB 830323 Memorandum & Order.Allowing NRC to Present Case First Creates Appearance of Improper Shift of Burden of Proof. Declaration of Svc Encl ML20072T5171983-04-0404 April 1983 Response to ASLB 830323 Memorandum & Order Memorializing 830223 Prehearing Conference.Motions for Summary Disposition of Contentions II & Xviii Should Be Dismissed.Burden to Show Absence of Genuine Dispute Not Met.Certificate of Svc Encl ML20072U2171983-04-0404 April 1983 Memorandum Opposing UCLA & NRC Motions for Summary Disposition of Contentions II Re Class of License & Xviii Re Financial Qualifications & in Response to ASLB Concerns Re Contention Xix on Sabotage.Declaration of Svc Encl ML20066H4731982-11-16016 November 1982 Notice of Appearance in Proceeding.Declaration of Svc Encl ML20058J7971982-08-0606 August 1982 Response to NRC & UCLA Concerns Re 820712 Language Mods to Contention Viii Reflecting Proposed Application Amends.Basis for Contention Does Not Refer to 1982 Amended Application. Declaration of Svc Encl ML20071E6251982-06-29029 June 1982 Notice of Appearance in Proceeding ML20071E6391982-06-29029 June 1982 Notice of Appearance in Proceeding ML20054H7681982-06-22022 June 1982 Identification of Subjs Upon Which City of Santa Monica,Ca Intends to Participate,Per ASLB 820604 Memorandum & Order. Declaration of Svc Encl ML20054F3191982-06-11011 June 1982 Response to ASLB 820604 Order Re Release of Photographs. Proposes Alternative to Order Wherein Univ Would Retake Photographs Excluding Objectionable Physical Security Sys Features.Certificate of Svc Encl ML20052F3801982-05-0606 May 1982 Notice of Intent to Participate as Interested Municipality Per 10CFR2.715(c).Santa Monica City Council Resolution & Declaration of Svc Encl ML20052F2461982-05-0303 May 1982 Memorandum Re Addl Discovery Matters Per ASLB 820416 Memorandum & Order.Certificate of Svc Encl ML20052F2491982-05-0303 May 1982 Memorandum Re Disposition of Photographs,In Response to ASLB 820416 Memorandum & Order.No Compelling Interest Supports Committee to Bridge the Gap Proposal for Unconditional Release of Photos.Certificate of Svc Encl ML20052B6871982-04-26026 April 1982 Memorandum Re applicant-intervenor Disagreements Over Release of Intervenor Photographs,Per ASLB 820416 Memorandum & Order.Excerpts of Transcript of 820209 Discovery Conference Encl ML20042B7241982-03-12012 March 1982 Notice of J Bay Change of Address ML20009B8181981-07-0909 July 1981 Forwards Wh Comier Affidavit in Response to ASLB 810625 Order Re Article in Science ML19337B0391980-09-26026 September 1980 Notice of Appearance in Proposed Renewal of Ucla Research Reactor License Proceeding.Certification of Svc Encl ML19338D3611980-09-0909 September 1980 Certifies Svc of Response to Committee to Bridge the Gap Supplemental Petition to Intervene,On 800909 1984-09-07
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Y e, Le DOCKETED USNRC COMMITTEE TO BRIDGE THE GAP April 6, 1984 1637 Butler Avenue, Suite 203 '84 APR 10 R2:34 Los Angeles, California 90025 (213) 478-0829 , ,
C .s UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
THE REGENTS OF THE UNIVERSITY Docket No. 50-142 0F CALIFORNIA )
) Proposed Renewal of (UCLA Research Reactor) ) Facility License
) _
CBG'S RESPONSE TO APPLICANT'S MARCH 30 REPORT AS TO REACTOR SHUT 00WN, REPAIR, AND TESTING SCHEDULE I. Introduction On February 2, the UCLA reactor was found to be in violation of its technical specifications because the control blade system, for some unknown prior period, was not functioning in the time frame required for rapid shutdown of the reactor.
Believing the problem may be radiolytic decomposition of lubricant, the facility was shut down until repairs could be made and compliance restored.
The next week, a prehearing conference occurred at the reactor, yet the Board and parties were not informed that the reactor had suffdred the malfunction and was shutdown and would remain shutdown for some period.
By letter dated March 2 and costmarked several days thereafter, counsel for UCLA informed the Board and parties of these developments that had occurred a month earlier.
On March 8 and 9, UCLf an ounced that it had acceded in part to demands of Assembl.ymen Gray Davis and Mike Roos to shut the reactor down during the upcoming Olympics and to 8404110199 840406 DR ADOCK 05000 ( _j .
4 put up a'few concrete vehicle barricades outside the reactor building and post.some_ guards during the Olympics. The University continued to refuse to shi,p, the fuel off-site during the Olympics, although Assemblyman Davis indicated that the cost of such shipment would be approximately one third that of the cost of the security measures involved. ' Davis continued to press for eventual off-shipment and conversion of the reactor to low enriched uranium.
By letter of March 14, counsel for CBG informed the Board and parties of the University's announcement of March 9, including the fact that, upon inquiry by reporters, the University admitted that the reactor was already shutdown for repairs and would remain shutdown through the Olympics. CBG expressed concern that UCLA failed to inform the Board and parties of these developments and the related February 2 malfunction and shutdown deveTopments.
During the same time period, the Board Chairman wrote to UCLA indicating that he had seen in the Washington Post of the weekend of March 10-11 an article indicating the reactor was to be shutdown during the'0lympics and directing that the Board be informed regarding whether what it had read in the paper was indeed the case.
By. letter dated March 14, but once again postmarked three days later, Counsel for UCLA informed the Board of the matters referred to in CBG's letter of the 14th.
In its March 14 letter, CBG suggested to the Board that the core opening would provide an opportunity to inspect the core configuruation to see whether the representations made by UCLA's Ostrander as to water escape pathwa;'s during a power. excursions, based as they were on memories of a decade ago, were accurate, and that certain other observations related to the graphite (spaces for airf. low during fire, lack of thermal contact between graphite logs, Wigner energy, and so on) could also occur. CBG also expressed-the view that the Board should have been timely informed of these matters as the matter before the Board was now whether-restart should.be permitted absent an affirmative safety finding, rather than whether it should be shut down.
.-g
In its March 22 Order, the Board responded to one of.the matters in the CBG letter, that of potential for observations related to the safety issues in the proceeding, directing UCLA to explain in detail the maintenance anticipated, the schedule for said maintenance and restart, and its views on the potential for observations of significance to
.the safety issues in the proceeding. Upon receipt of said UCLA nepo'rt, the other parties were to respond.
II. Discussion UCLA's letter of March 30 states as follows:
(a) there is no schedule for maintenance or restart, (b) such a schedule will not even be considered by the
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University until after the Olympics in August, (c) observations related to the safety issue can.thus not, in UCLA's view, occur in this phase _of the proceedings, (d) UCLA desires that those observations not occur--and in fact no independent.
observers be present--when the core is opened sometime after August but rather some mon'ths thereafter after it has had an opportunity to " redefine" aspects of the core configuration, and (d) that UCLA intends to, in. addition to aforementioned
" redefinition" of aspects of its existing testimony on where the water goes in a power excursion, take measurements (" attempt to measure") of.Wigner energy stored.in graphite at core center.
CBG's Response
. The UCLA letter is most unsatisfactory in providing details as requested by the Board. It does, however, make certain remarkable revelations. One, after the Board being forced to violate its own rules on permissible rebuttal and permit'in improper rebuttal because it was viewed as essential
~
.to a full record, the University now announces that the substantive-basis'of both pieces.of testimony-(Pearlman on Wigner, Ostrander on power excursion) will be altered--sometime after this phase of the-hearing. Pearlman's testimony essentially asserts that
c t CBG is wrong in its testimony when it asserts that actual measurements of stored energy at the UCLA reactor should be made. CBG presented calculations based on the Battelle methodology showing that the storage could be quite high; Pearlman finally presents calculations (which CBG_ believes are quite' wrong) that that methodology, with certain alterations, would indicate that the storage could be quite low, and that measurements are unnecessary.
However, it is the Pearlman testimony that is now unnecessary.
After years of refusing,.UCLA now agrees to permit measurements to be made. The entire issue of the Pearlman testimony is now moot, because it is there to assert no' measurements should be conducted. Measurements will be conducted, and it is measurements that will tell us how much Wigner energy is in the reactor graphite--if the measurements are conducted in a scientifically controlled and accurate, independent experiment.
Likewise with the Ostrander "where does the water go" testimony. The core will be opened uo, and we can see whether he i s ' right. Apparently fearing that, UCLA wishes no one present when,the core is opened until after it has had a chance to alter the evidence, and "redef'ine" both the substance and basis of ths 0 strander testimony. However, in both cases, UCLA wishes the Board to go ahead with this phase of the proceeding, although for some unexplained reason, actual evidence which will make moot UCLA's submissions in this phase will not be available until sometime
. after.this-phase.
CBG cannot understand--and UCLA does not explain--why if the maintenance is. lubricating bearings and replacing gaskets, that does not occur in the four months before the Olympics.
UCLA implies the reactor will sit idle until then; after the Olympics, they will begin to consider a schedule for repairs, which will take some months thereafter. And UCLA wishes to delay any
~ observations until - the end of that period, af ter it has altered the evidence and the reactor upon which the application is based.
'f -' '
i 4
CBG perceives the UCLA March 30 letter as proof positive of its concerns about the Board's March 22 Order. Permitting in late-filed m:terial, violating the Board's rules thereon, saying that we would start at the beginning again with regards the evidentiary heari ng , is a grant of carte-blande for any additional delaying late-filed new material. UCLA tells the Board, go ahead and have a hearing, but be on notice that we we will change our testimony again (" redefine" the escape pathways) and will come in with Wigner data, even after close of the record.
OCLA's assertions that it wishes no one present when the core is. opened is a blatant attempt at covering uo evidence until it can be altered. The excuse about health physics reasons is nonsense--the decay curves are such that there is very little difference after seven months than after ten. Furthermore, if it is safe for the core to be uncovered for many months, given the gamma shine to the people in offices above the reactor, and if it is safe enough for people to do maintenance work in the core itself and with the f.uel over a period of months, then a few mindtes or hours of observation at some distance must be permissible as well .
Lastly, that is a choice for the individuals to make, not the withholder of the evidence.
The second argument that it is more relevant to the issues involved in the case to examine the core af ter they have had a chance to alter the evidence is nonsense. The reactor must be safe for the full license period, which may (and probably will) entail several times of unstacking and rebuilding. In the past, before the last major maintenance, the core was opened and unstacked every year or two. There are no technical specification requirements about water escape pathways. It is relevant how it is now (the application applied for); it may also be relevant how they can try to alter it; but it also relevant how it may be re-altered in future openings. Observers should be present both when the core is opened and closed.
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As to the proposed Wigner measurements, these should be done under a' controlled experiment, with clear proof (requiring independent observers) of the locations wherethe graphite was taken, duplicate samples for duplicate, independent measurements, and a scientific protocol for the experiment that meets standards of acceptable control. UCLA proposes to measure graphite at core center, whereas it now admits the flux is higher near the boxes; the height of the locations where the samples are taken are also important because of varying temperatures and annealing rate's.
A sufficient number of samples must be taken from various locations, there must be duplicate samples; from each location independently measure'd, and the experiment should be done in normal double-blind scientific fashion. CBG is now arranging to conduct its own measurements independetly.
As to the schedule, it appears from UCLA's assertions that the reactor is to.be shu'tdown through the end of the year, if not longer. It should be noted that this in no way removes the risks of this facility, and that delay in resolving them only exacerbates the problems. Power excursions are more likely in shutdown reactors undergoing maintenance than even at other times, as-evidenced by the SL-1 and RA-1 disasters. Fire similarly (see Battelle study to that effect). Theft is more of a problem during shutdown because what little self-protection the fuel has decays, making it easier to steal. Arson is more of a problem; sabotage remains a substantial problem (the long-lived isotopes are.not going-to decay in a shutdown of a few months).
Th e re fo re , the relief requested in CBG's January 9 motion for license suspension until such time as the safety of the facility is resolved remains essential, perhaps even more so now. It would be no burden for the University, as the reactor'is to be shutdown anyway, they have no use for either the license nor the SNM during.this period. It will save them considerable money because the shipment cost is so much less than the cost of security, necessitated during the Olympics if the material is on site. .And since the Commission is preparing a rule that u
E. g,
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- will require UCLA's conversion to LEU, UCLA is going to have to' ship the material off anyway. CBG believes that the arguments made in its January 9 motion that the violation of the timely application rule necessitate under law the revocation of the expired license are underscored by the March 30 UCLA letter, which tells the Board that additional measurements (in fact, the answer to the entire Wigner contention) and " redefinition" of the water escape pathways (resolution of the central matter of the central issue in the cas.e, as seen by the Board) will not be found in the original application, the revised application, the direct testimony, the rebuttal testimony, or the revised rebuttal testimony it has submitted, but that the Board must wait at'least-another year or so for that informatior, which should have been in the original application to begin with. Timely application requires expiration of license if timely application
.(and sufficient application, as made clear in the case law and APA) are not provided. UCLA's March 30 letter tells the Board that sufficient application to resolve even the preliminary inherent safety issues remains a year off, at least, let alone the remaining issues. Restart should not be permitted without Board approval, and license should be revoked in the interim, with the SNM shipped off because of lapse of possession authorization.
III. CONCLUSION
- 1. UCLA should be required to explain exactly what its intentions
'are--why is the reactor to remain shut for months.without maintenance
- . efforts even being considered?
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- 2. There should be an evidence preservation order--core should not be permitted to be opened without notifying the Board and
. parties in advance and permitting them to be present for independent observation.
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- 3. A proposed experimental protocol for measuring the Wigner energy in the graphite should be submitted by UCLA and CBG (and Staff if it. wishes), and comments permitted by each on the other's proposal. ;The Board should then establish the acceptable
i protocol,fidentifying number of samples to be taken and location thereof, system for double-blinding, and one sample from each location should be provided to CBG and one to UCLA for independent measurement.
- 4. . The reactor thould not be permitted to restart without Board' approval and resolution of the outstanding safety issues.
- 5. CBG's motion for license suspension of January 9, which has not been acted upon, should be expeditious determined.
R sp ctfu mitted, Daniel Hirsc President
. dated at Santa Cruz, CA April 6, 1984-4 J
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[ UNITED STATES OF AVERICA NUCLEAR REGUIATORY COMMISSION ;
BEFORE THE ATOMIC SAFEPY AND LICENSING BOARD In the Matter of Docket No. 50-142 THE REGENTS OF THE UNIVERSITY OF CALIFORNIA (Proposed Renewal of (UCLA Research Reactor)
DECIARATION OF SERVICE I hereby declare that copies of the attached: CBG'S RESPONSE TO APPLICANT'S MARCH 30 REPORT AS TO REACTOR 5HUlUUWN. REPAIR, ANU ltbilN6 dLHtDULt __
in the above-captioned proceeding have been served on the following by deposit in the United as indicated, States on this date:mail,Aprilfirst class 6, 884 1 postage prepaid, addressed John H. Frye, III, Chairman Christine Helwick Atomic Safety & Licensing Board Glenn R. Woods U.S. Nuclear Regulatory Commission Office of General Counsel 590 University Hall Dr. Emmeth A. Luebke 2200 University Avenue Administrative Judge Berkeley, CA 94720 Atomic Safety & Licensing Board.
U.S. Nuclear Regulatory Commission Mr. John Bay Vashington, D.C. 20555 3755 Divisadero #203 San Francisco, CA 94123 Glenn O. Bright Administrative Judge Ignn Naliboff Atomic Safety and Licensing Board Deputy City Attorney U.S. Nuclear Regulatory Commission City Hall Washingtcal, D.C. 20555 1685 Main Street Chief, Docketing and Service Section Office of the Secretary Dorothy Tho.'::pson U.S. Nuclear Regulatory Commission Nuclear law Center Washington, D.C. 20555 6300 Wilshire Blvd., #1200
- Counsel for NRC Staff *'
l U.S. Nuclear Regulatory Commission Ms. . Y.ag Washington, D.C. 20555 Atomic e icensing Board Panel
! attention: Ms. Colleen Woodhead U.S ucle ulato oraission l Washingtor, D.C. 20555
[ William H. Cormier p Office of Administ2ative Vice Chancellor f University of California / %
405 Hilgard Avalue / '
ad---
Los Angeles, California 90024 Daniel Hirsch-President COMMITTEE TO BRIDGE THE GAP
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