ML20247L577

Memorandum & Order (Request for Info & Argument).* Info, Including Why Applicant Consider That Regulations Do Not Require Offsite Emergency Plan.W/Certificate of Svc. Served on 890919

ML20247L577
Person / Time
Site:	07000025
Issue date:	09/18/1989
From:	Bloch P Atomic Safety and Licensing Board Panel
To:	NRC OFFICE OF THE GENERAL COUNSEL (OGC), ROCKWELL INTERNATIONAL CORP.
References
CON-#389-9180 89-594-01-ML, 89-594-1-ML, ML, NUDOCS 8909250013
Download: ML20247L577 (4)

Text

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'89 SEP 18 P4 :09 September 18, 1989 GU1L

.DOCKI. I ?! . ,, .. < ,;I UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION SERVED SEP 1919E 4

ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judge:

Peter B. Bloch In the Matter of Docket 70-25 ROCKWELL INTERNATIONAL Request to Renew CORPORATION For Ten Years Rocketdyne Division (Special Material License ASLBP No. 89-594-01-ML Number SNM-21)

MEMORANDUM AND ORDER (Request.for Information and Argument)

Because the request filed by Estelle Lit and Jerome Raskin et al. questions " evacuation plans" -- and in the absence of any timely response by Applicants -- I have been j examining Part 50 for an indication of whether or not l

evacuation plans are required.

l My preliminary conclusion, based on my unaided I research, is that there is some ambiguity in the regulations and that this question does not seem to be addressed in the Application. The emergency planning requirement in 10 CFR S 70.22(i) apparently does not apply to this license renewal request, since the covered activities do not appear to  ;

I include " processing and fuel fabrication, scrap recovery or i conversion of uranium hexafluoride." Hence, if emergency 1

8909250013 89091B PDR c ADOCK 07000025 ,

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planning is required, the requirement would be pursuant to 10 CFR S . 70.23 (a) (4) : "The applicant's proposed procedures to protect health and to minimize danger to life or property are adequate."

I would appreciate being informed: (1) why Applicants consider that the regulations do not require them to have an off-site emergency plan, or-(2) the analytical basis for believing that the riskiest activities permitted under Special Material License SNM-21 would be'sufficiently safe so as not to require off-site emergency planning, or.(3) what off-site emergency plans exist.

On the other hand, I have noticed some confusion in the Lit-Raskin petition, which asks for consideration of whether "Rockwell and the Department of Energy at the Santa [Susana)

Site . .

. be allowed to renew its permit . . . .

[Empha-sis supplied.) 1 note that 10 CFR S 70.11 appears to exempt from licensing any work done for the Department of Energy, at this site or elsewhere, from Nuclear Regulatory Commis-sion licensing requirements. This does not appear to exempt Rockwell's Department of Energy activities from scrutiny in this proceeding should those activities be relevant to the pending request. However, it does mean that Rockwell activities pursuant to DOE contracts are not licensed by the NRC and are not directly affected by this proceeding.

Participants may file written responses to this memorandum at or prior to the September 29 prehearing

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E conference. In addition to formal filing requirements, filings made prior-to the prehearing conference should be completed by serving me and Judge Linenberger at Woodland Hills Best Westein, marked to hold-for arrival on September 28.

Respectfully ORDERED, Peter B. Bloch Administrative. Judge

' Bethesda, Maryland-1

l 4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the' Matter of I l

1 ROCKWELL INTERNATIONAL CORPORATION I Docket No.(s) 70-25-ML l

(Rocketdyne Division, Sancial i Nuclear Materials License SNM-21) i I

CERTIFICATE OF SERVICE I hereby certif y that copies of the f oregoino LB M&O (REQUEST FOR INFO...)

have been served upon the following persons by U.S. sail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Administrative Judge Atomic Safety and Licensing Appeal Peter B. Bloch Board Presiding Officer U.S. Nuclear Reculatory Commission Atomic Safety and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge Gustave A. Linenberoer, Jr.

Special Assistant Office of the General Counsel Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 R. T. Lancet Director Rockwell International Corporation Jon Scott Rocketdyne Division 6 Roundup Road 6633 Canoga Avenue Bell Canyon, CA 91307 l' Canoga Park, CA 91304 Estelle Lit Jerome E. Raskins, et. al.

18233 Bermuda Street c/o 18350 Los Alimos Northridge, CA 91326 Northridge, CA 91326 i

Dated at Rockville, Md. this <

19 day of September 1989  !

OfficegftheSecretaryoftheCommission 1

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