ML20055D404
| ML20055D404 | |
| Person / Time | |
|---|---|
| Issue date: | 02/09/1987 |
| From: | Kerr G NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Henry S HENRY, KELLY & LOWERRE (FORMERLY HENRY, KELLY, BUNCH |
| Shared Package | |
| ML20055D365 | List:
|
| References | |
| FOIA-TUYL90-36 NUDOCS 9007060270 | |
| Download: ML20055D404 (2) | |
Text
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Stuart N. Henry, Esq.
Henry and Kelly Attorn m at Law i
2103 E % Grande l
Dear Mr. Henry:
This refers to your letter of January 26, 1987 concerning the Conoco-Conquista uranium mill tailings disposal site near Falls City.
Among other matters, your letter requests that the NRC exercise its authority under section 274j(2) of the Atomic Energy Act of 1954, as amended, to immediately suspend ell or part of the Texas agreement.
Section 274j(2) authorizes the Comission, on its own motion or upon request of the State Governor, after notifying the Governor, to L
temporarily suspend all or part of this agreement with the State without notice or hearing if, in the judgment of the Comission:
"(A) an emergency situation exists with respect to any material covered by such an agreement creating danger which requires imediate action to protect the health or safety of_ persons either within or.outside of the State, and
"(B) the State has failed to take steps necessary to contain or eliminate the cause of the danger within a reasonable time after the situation arose."
In addition, section 274j(2) provides that such a temporary suspension i
L shall remain in effect."only for such time as the emergency situation exists" and that the Comission is authorized to exercise this authority "only to the extent necessary to contain or eliminate the danger." Your 1.
letter does not contain sufficient facts to support imediate suspension actionundersection274j(2).
With respect to the other concerns raised in your letter, it is our preliminary view that more infonnation is needed. At present, we are reviewing the specific actions taken or to be taken by the Texas Bureau of Radiation control regarding this matter. We will provide you with our views at an early date following completion of our determination of the facts.
9007060270 900515 PDR FOIA VAN TUYL90-36 PDR A///
T Stuart N. Henry, Esq..-
Because of the concerns expressed in your letter, we are reviewing the I
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specific actions taken or to be taken by the Texas Bureau of Radiation Control regarding. regulation of the Conoco-Conquista tailings site. 'We will provide you with our views on the matters raised _in your letter at l
an early date following our assessments of the State's actions.
l Sincerely,
..U Q G. Wayne,Kerr, Director Office of State Programs i
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