ML20010E292

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Trip Rept of 810722-23 Visit to Chicago & Glen Ellyn,Il,Re Participation in ASLB Hearing & Re Facility Closure Concerns of State of Il
ML20010E292
Person / Time
Site: 02700039
Issue date: 08/25/1981
From: Shaffner J
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To: Hawkins E
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
References
NUDOCS 8109030291
Download: ML20010E292 (3)


Text

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AUS 2 5 1981 Disfri lon:

Docket Fife 27-39 PDR JAShaffner WMLL:

DOCKET 27-39 LPDR DSiefken WMLL r/f HMcGurren, ELD WM r/f LDewey, ELD NMSS r/f Reg. III JBMartin MEMORANDUM FOR: Edward F. Hawkins, Section Leader REBrowning J {' Nfg4 Site Sultability and Design Section RDSmith p,

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James A. Shaffner, Project Manger 4cp7 e

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SUBJECT:

TRIP REPORT - CHICAG0, ILLINOIS AND GLEN ELLYN, ILLIN0IS Enclosed is a trip repcet for the ?uly 22 and 23,1981 participation in the ASLB hearing for the Sheffield LLW Facility and discussion with the stete of Illinois on closure concerns relating to Sheffield.

James A. Shaffner, Project Manager Site Suitability and Design Section

Enclosure:

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' CIPORT TRIP TO CHICAG0, ILLIN0IS AND GLEN El!.YN, ILLIN0IS Date:

July 22, 23,1981

Participants:

James A. Shaff.ler, WMLL Barbara Chasnoff IL State H. J. McGurren, ELD Xen Anspach Attorney's Off.

L. S. Dewey, ELD The.nas Borecki

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Carl Paperiello, I&E, Reg. III Susan Sekular ) IL Dept. of Nuclear Safett Bert Davis, I&E, Reg. III Susan Harmon

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Ross Landsman, I&E, Reg. III Cordell Williams, ISE, Reg. III

Purpose:

1) Discuss participation in ASLB hearing for Sheffield LLW Facility with expert witnesses from Region III (Paperiello and Landsman) and'to apprise Region III supervisory staff of the need for this participation.
2) To discuss state of Illinois closure concerns re:

Sheffield with state personnel and to discuss other issues related to the proceeding.

Discussion:

.,On July 22, 1981, Dewey, McGurren and I met with Mr. Davis and Mr Paperiello at the Region III office in Glc41 Ellyn to discuss the need for Mr. Paperiello's participation in the Sheffield hearing. Mr. Davis expressed concern that I&E personnel were being asked to perform a function that rightly belonged to licensing.

I explained that Mr. Paperiello-was being asked to ter tify primarily about the licensee's compliance or non-compliance v eth license conditions and not about the technical capability of the site to contain buried waste.

Dewey and McGurrer, briefed Mr. Davis on the legal status of the Sheffie111 case. Mr. Davis seemed satisfied tnat Mr. Paperiello's participation would enhance NRC's position.

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l Later, we met with Mr. Paperiello privately to discuss his participation in more detail and to solicit his opinion on the NRC site closure conditions from the standpoint of enforceability.

He had several suggestions for clarification.

On the morning of July 23, McGurren, Dewey and I met with Mr. Landsman and Mr. Williams to discuss Mr. Landsman's expert testimony (soil mechanics and geotechnical engineering). Mr. Landsman had just returned from vacation, the he had not yet had a chance to read the reference material I had sent him.

In general, though he did have some ideas related to site surface stabilization.

However, because of trench settlement he felt that complete stabilization would take perhaps 20 or more years. Mr. Landsman felt that it would be beneficial for him to visit the site again to review reference material at the LPDR in Princeton.

He looked at the site closure i

conditions that would relate to his testimony and found no major problems with them.

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Edward F. Hawkins On July 23, also, Dewey, McGurren and I met with personnel from the Illinois Department of Nuclear Safety and the Illinois State Attorney General's Office (see participant's list above) at the State Attorney General's office in Chicago.

We discussed Illinois' concerns with regard to Sheffield site closure, the need for a meeting of Illinois and NRC Technical staff to resolve technical issues regarding closure conditions, and the state's opinion that an Environmental Impact Statement to assess the potential impact of the closure conditions should be prepared. \\

While the state was not prepared to provide a written document containing its position l

on closure, the attorneys present gave us some idea as to the state's major concerns related to the Sheffield site. Briefly stated they include:

1)

Establishment of a buffer zone 2)

Implementation of engineered stabilization (including isolation of' chemical waste).

3)

Establishment of an interim active custodial period whereby the effectiveness of site stabilization will be assessed.

4) Resolution of problems, if any, associated with Trench 18.
5) Requirement that the licensee provide remuneration for perpetual care and maintenance.

These concerns were discussed briefly both from a technical and a legal perspective.

However, there was no attempt to resolve any differences regarding them among the staff people present.

Discussion of the above conerns reaffirmed the need for a technical meeting between NRC and the State of Illinois technical staffs in order to resolve any differences that may exist with respect to closure requirements.

State of Illinois personnel were doubtful that such a meeting could take place before September because of the conflicting schedules of the people who should participate in such a meeting.

I stated that it was the desire of the Waste Management staff to have the meeting much sooner, perhaps as early as the end of July.

The state, citing other legal precedents, contended that it may be necessary for the NRC staff to -prepare an Environmental Impact Statement on the issuance of site closure conditons. McGurren said he would have to research this matter.

I said that it would take on the order of two or three years to prepare a FEIS on the closure conditions.

This trip generated no agreements or commitments other than the ones implicit in the above narrative.

James A. Shaffner, Project Manager Low-Level Waste Licensing Branch

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