ML19282D068

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Responds to Re Nuclear Engineering Co Illegal Abandonment of Sheffield,Il Low Level Nuclear Waste Burial Ground.Forwards 790320 Order to Show Cause Why Company Should Not Resume Responsibiities & Obligations
ML19282D068
Person / Time
Site: 02700039
Issue date: 04/09/1979
From: Dircks W
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To: Demuzio V
ILLINOIS, STATE OF
References
NUDOCS 7905110172
Download: ML19282D068 (2)


Text

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A The Honorable Vince Demuzio Illinois Senate 1052 Stratton Building Springfield, Illinois 62706

Dear Mr. Demuzio:

In your letter dated March 13, 1979, you expressed concern about the Nuclear Engineering Company's (NECO) illegal abandonment of their Sheffield, Illinois low-level nuclear waste burial ground.

On March 8, 1979, NECO attempted to unilaterally terminate its lease with the State and its license for activities at the site and took the position that the Company is no longer responsible for site security, maintenance, and surveillance.

On March 9, we notified NECO that NEC0 lacked the authority to terminate unilaterally its license and directed NECO to take all necessary action to assure that the health and safety of the public are adequately protected at the site.

In a letter dated ilarch 14, 1979, NECO reaffirmed the company's position.

On ilarch 20, 1979, we ordered NECO to show cause why it should not resume its responsibili-ties and obligations under its license and ordered NECO to resume its responsibilities immediately. A copy of the March 20, 1979 Order to Show Cause is enclosed for your information.

Failure to comply with the Order may subject NECO to civil penalties and to such further necessary and appropriate enforcement actions as the Commission may seek in the Federal courts.

From NECO's March 8 action to abandon the site until flarch 22, 1979, URC personnel have been at the site four times, Illinois Department of Public Health staff have inspected the site, State police and the County Sheriff periodically checked the site, and NECO continued to operate the adjacent chemical disposal site.

(NECO owns the property surrounding the burial site.) On March 22,1979, NEC0 resumed some limited responsibility for site security, maintenance, and environmental monitoring while the legal issues are being resolved as a result of proceedings in the Illinois Circuit Court, in Bureau County.

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The Honorable Vince Deauzio You asked that the fiRC intervene to secure the site. We have issued the order noted above and inspected the site.

Thus, we are monitoring the situation and intend to assure that flEC0 fulfills its responsibilities.

Sincerely, it William J. Dircks, Director Office of iluclear Material Safety and Safeguards

Enclosure:

As stated

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I4r Jares !!. I!cel President and Chief Executive Officer iluclear Engineering Company, Inc.

9200 Shelbyville Road Suite 526 P. O. Box 7246 Louisville, Kentucky 40207

Dear f4r. !! eel:

Please find enclosed an Order to Show Cause. effective inxediately, requiring iluclear Engineering Company, Inc. to resume its responsi-bilities and obligations under License ilo. 13-10042-01.

Thic will acEnculedge receipt of your letter of March 14, 1979.

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Willi m J. Dircks, Director Of fice of i'uclear Material Safety and Safeguards

Enclosure:

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ORDER TO SH3'd CAUSE On March 8.1979, the Nuclear Engineerine Ccr'any (NECO), a Com-missicn icens-. under License i;o. 13-100-;2-01, notified one i!RC that effective 10:0i a.m.

that date it ;culd ter:.inste its license for all activities at Chof f mld, Illinois Lc.:-! cvsl Radicact",e Waste Disporal Site.

On March 9, the Director of the hRC Office of I!uclear flaterial Safety and Safeguards, notified i'EC3 that NECO lacked the authority to terninate unilaterally its license and diratted iECO to take all necessary action to assure that the health and safe.y of the public are adequately pcctected at the site. This order supple: cnte the order of I' arch 9, 1

1972 The receipt, possession and disposal of source, by-product and r 'al lou-l evel special nuclear materials at the %nfo,la c4o

, en radioactive waste disposal facili DUPLICATE DOCUMENT Co: mission in 1966 and 196/.

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2ee 217-.54 3020 March 13, 1979 Nuclear Regulatory Commission 1717 H Street, Northwest Washington, D.

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Dear Sir:

I am writing to express my grave concern with the illegal abandonment by the Nuclear Engineering Company of their Sheffield, Illinois nuclear waste site.

I have been advised by the Illinois Department of Public Health that, at the present time, there is absolutely no one at the site, no security, no inspectors, no one.

In behalf of the citizens of Illinois, I ask that the NRC intervene to secure the site until such time as the matter of responsibility is decided by the courts.

We have a nuclear waste site abandoned by the operator w.th no one protecting the public 4

heilth, safety and welfare.

P c.t is at issue is governmental integrity and whether we posscss the ability or the will to protect our citizens.

Up to this point, I am completely at loss to understand why government has not reacted.

My confidence in our government's ability to secure any nuclear site is in question.

Due to the immediacy of this problem, I request your response as soon as possible.

Slineef Q yours, I

,Ik 0 D-l NW.k]

s dVINCE DEMUZIO

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Senator Adlai Stevenson Senator Charles Percy rigo5t10/S/

at imittees. Chairman, F inance and Credit Regulations, Mornt;er Agriculture Conservation and Erargy, Local Government, Elections and H acpertion erit Commimons: State Comprehensive Health Plann;N, Visit and E mamine State Institutions and Nursfng Hor es. Advie e r Co t.c il c:i *

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