ML19291A674
| ML19291A674 | |
| Person / Time | |
|---|---|
| Site: | 02700039 |
| Issue date: | 05/03/1979 |
| From: | Goodhope A, Little L, Remick F Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| NUDOCS 7905240579 | |
| Download: ML19291A674 (6) | |
Text
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NRC PUBLIC DOCUMENT ROOM UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION e
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e 6,'(#e ATOMIC SAFETY AND LICENSING BOARD d
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Andrew C. Goodhope, Chairman 2
Dr. Linda W. Little e
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- g Dr. Forrest J. Remick Cy In the Matter of
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NUCLEAR ENGINEERING COMPANY, INC.
) Docket No. 27-39
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(Sheffield, Illinois Low-Level
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Radioactive Waste Disposal Site) )
MEMORANDUM AND ORDER RULING ON MOTIONS TO u;THDRAW APPLICATION AND DISMISS PROCEEDING The Nuclear Engineering Company (Licensee) received a license to receive, poasess, orocess, repackage, store and dispose of by burial byproduct, source, and special nuclear 1/
matarial at its Sheffield, Illinois site in 1968.-
In 1968, the Licet.see filed an application for renewal of its license to continue its activities at Sheffield.
The Licensee has been operating under this application continually since.
In 1977, Applicant submitted an application requesting a renewal of its license and also a request to expand the size of the site from 20.45 acres to 188.45 acres.
-1/
In 1966, Licensee's predecessor was first licensed to receive, possess, process, repackage and secte byproduct, source and special nuclear material at the Sherfield site.
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2 On December 5, 1977, the Nuclear Regulatory Cocmission published in the Federal Register the notice of receipt of the Licensee's application for renewal and amendment of the license.
A number of intervention requests were made and granted by a Board appointed for consideration of such requests.
The intervenors are the State of Illinois, the County of Bureau, Illinois, wh-re Sheffield is located, the Chicago Section of the American Nuclear Society, and a number of individuals and groups described as "Schieler, et al,."
This Board also disposed of a number of ot'.ler preliminary matters which are not here pertinent.
In 1977, Licensee also requested a license amendment and exemption to permit burial in an additional trench, trench 15, which request has since been abandoned.
On October 31, 1978, the Licensee moved this Board to compel the Nuclear Regulatory Commission Staff (Staff) to file a Draft Environmental Statement in this matter on or before Decemb_t 1, 1978, and a Final Environmental Statement on or before February 15, 1979, and to exclude censideration of alternate sites from such documents.
The Staff and intervenors filed opposition to this motion.
3 On December 27, 1978, the Licensee filed a motion to suspe-d further proceedings with regard to the application for license renewal and expansion until the NRC establishes definitive criteria for the licensing of the treatment and buria~. of low-level radioactive wastes.
The Staff opposed this motion and moved that the portion of the application seeking expansion of the site be denied.
The State of Illinois and other intervenors joined in this Staff motion, except for the Chicago Section of the American Nuclear Society.
This Board set oral argument on all these motions which was held March 27, 1979 in Peoria, Illinois.
On March 8, 1979, the Licensee notified the NRC that it was withdrawing its application for license renewal and site expansion and was terminating its license as of 10:01 A.M.
on March 8, 1979.
On March 20, 1979, the Staff issued an order to show cause why Licensee should not resume its responsibilities and obligations under its license.
The Licensee answered the order to show cause, moved for emergency action by the Commission to stay the immediate effectiveness of the order to show cause and requested a hearing on such order.
The
4 order to show cause and Licensee's cross motions are before the Nuclear Regulatory Commission and not before this Board for decision.
On April 11, 1979, the Staff filed with this Board a list of conditions relevant to decommissioning of the site, which they felt were necessary to be imposed in any order granting the Licensee's motion to withdraw its application or dismiss this proceeding.
Most of the motions made by the various parties have either been rendered moot or unnecessary for decision.
The only real issues left for decision by this Board are (1) whether to grant Applicant's motion to withdraw its applica-tion for license renewal and site expansion, and (2) what, if any, conditions are appropriate to impose if such motion is granted.
The Licensee has moved to withdraw its application to expand the site by the addition of another 168 acres.
The Staff and the intervenors, except Chicago Section of the American Nuclear Society, have also moved to dismiss this part of the application seeking to expand the site.
Conse-quently, this Board hereby grants the motions to withdraw and dismiss this portion of the application pertaining to expansion of the site.
5 The Staff and the intervenors, except the Chicago Section of the American Nuclear Society, oppose the granting of the Licensee's request to withdraw that part of its appli-cation for renewal of its present license on the existing 20.45-acre site.
Their grounds for opposition include (1) that a licensee may not unilaterally abandon a license, and (2) that in order to be relieved of responsibilities imposed by a license, the licensee must provide assurance that there will be no hazards to the public health and safety resulting from termination of the license.
In addition, the Staff has issued an order to show cause why the Licensee should not be required to remain at the twenty-acre site and continue its public health and safety responsibilities until such time as the site is in a proper condition for custodial care of a proper agency.
The Licensee has asked for a hearing on such order to show cause, and both the Staff and Licensee have suggested to the Commission that the existing Board be appointed to conduct such hearings.
The Commission has not acted on such order to show cause or on the suggestions to appoint the existing Board.
The Staff's request for the imposition of conditions prior to granting Licensee's motion for withdrawal of its
6 application for license renewal and prior to dismissal of this proceeding is related to the Staff's order to show cause which is currencly before the Commission.
Both will require evidentiary hearings.
Consequently, at this time, this Board denies (1) Licensee's motion to withdraw its application for renewal of its license, and (2) the motion to dismiss the proceeding.
THE ATOMIC SAFETY AND LICENSING BOAPS W /A Linda W.
Little
(
pc J. Remick hW.m i
Andrew C. Goodhope, Chaifman Dated at Bethesda, Maryland This 3rd day of May 1979.
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