ML20058P708
| ML20058P708 | |
| Person / Time | |
|---|---|
| Issue date: | 08/15/1990 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| References | |
| TASK-PII, TASK-SE SECY-90-289, NUDOCS 9008200014 | |
| Download: ML20058P708 (2) | |
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August 15, 1990 SECY-90-289 j
(Information)
For:
The Commissioners l
From:
James M. Taylor Executive Director for Operations
Subject:
AMENDMENT OF AGREEMENT WITH ILLINOIS
Purpose:
To inform the Comissioners of a staff task held requisite before execution of the proposed amendment.
Background:
On July 17, 1990, Harold R. Denton, Director. Office of Governmental and Public Aff airs, sent the Comissioners a Policy issue (Notation Vote) paper SECY-90-253, requesting Commission approval of proposed Amendment Number One to the Agreement between the State of Illinois and the U.S. Nuclear Regulatory Commission (NRC), pursuant to Section 274 of the Atemic Energy Act of 1954, as amended. SECY-90 253 noted that the NRC staff recommended that the amended Agreement not be executed before August 10, 1990.
Discussion:
By this amendment, NRC would relinquish to the State the authority to regulate Section 11e.(2) byproduct material
~
withir) 1111nois. One NRC license covering Section 11e.(2) byproduct material (Kerr-McGee's West Chicago Rare Earths facility) would be transferred to Illinois under the amended agreement.
This license is currently the subject of an NRC y
83-495-01-ML) proceeding (DocketNo.
adjudicatory 40-2061-ML [ASLAP No.
).
In an a_micus curiae brief to the Appeal Board, the U.S. Environmental Protection Agency (EPA) raised several significant technical issues, regarding the adequacy of the design of the proposed disposal cell, that the staff believed should be addressed before Commission execution of I
the amendment of the Illinois agreement. The presiding Appeal Board set a date of August 10, 1990, for the NRC staff to l
file its response on the technical issues. Accordingly, NOTE:
TO BE MADE PUBLICLY AVAILABLE 1
IN 10 h'ORKING DAYS FROM THE I
DATE OF THIS PAPER Jerry J. Swift, NMSS X20609 g
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the staff recommended in SECY-90-253 that the Commission approve the Illinois amendment to be executed after August 10, 1990.
On August 10, 1990, the NRC staff filed with the Appeal Board "MRC Staff brief in Response to the Briefs of the State of Illinois, the City of West Chicago and the U.S.
Environmental Protection Agency."
In its brief the staff indicated that it agreed with EPA's concerns about the effect of the probable maximum precipitation on the cell cover.
The staff obtained additional information from Kerr-McGee, including information concerning the protective rock to be used as part of the cell cover. On the basis of this information, the staff concluded that the cell design would withstand the Probable Maximum Precipitation event.
The staff brief indicated that "the Staff continues to believe that the Kerr-ticGee amendment proposal satisfies the requirement of 10 C.F.R. Part 40, Appendix A, provided, however, that the license is auendet: to incorperate the specifications #0r the protective rock and the design details provided in Kerr-ticGee's submissiors of July 23, 1990 and July 31, 1990." Staff affidavits attached to the brief provide the technical basis for its conclusions.
Since the staff has nuu had an opportunity to review the issues raised by the EPA Amicus Curiae brief and is now satisfied from a technical standpoint that the design of the disposal, as reflected in Kerr-McGee's July 23 and July 31, 1990, submittals, is adequate, there is no longer any reason to delay the execu ion of the amendment of the Illinois agreement as r ommended i SECY-90-253, of e
ecutiveDirfto'r for Operation DISTRIBUTION:
Commissioner::
REGIONAL OFFICES EDO