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Category:INTERNAL OR EXTERNAL MEMORANDUM
MONTHYEARML20236N7741987-07-30030 July 1987 Informs That Time Provided by NRC Regulations to Review Aslab Decision Re Facility (ALAB-866) Has Expired.Commission Declined Any Review.Decision Became Final Agency Action on 870727.Served on 870731 ML20126M8811987-06-19019 June 1987 Discusses Naslap Decision Terminating Sheffield Enforcement Proceeding on Show Cause Order That Director of NMSS Issued on 790320 ML20214T1121987-06-0505 June 1987 Submits Citation to Footnote 19,omitted from Staff 870528 Motion to Terminate Proceeding ML20214T2331987-06-0202 June 1987 Advises That Staff 870528 Motion to Terminate Proceeding Contained Three Citation & Punctuation Errors as Stated ML20209E8291987-04-24024 April 1987 Forwards Corrected Version of NRC 870424 Response to Us Ecology Motion for Sanctions & Other Relief.Version Corrects Omission of Line Between Bottom of Page 2 & Top of Page 3 ML20206T3231987-04-16016 April 1987 Advises That State of Il Intends to File Response Under Provisions of 10CFR2.762 to Us Ecology,Inc 870316 Brief in Support of Appeal of Final Decision.Nrc Response to Appeal Brief Will Be Submitted by 870611 ML20212R6731987-01-28028 January 1987 Forwards 870121 Fr Notice,Revising Due Date for Comments on Assessment of Proposed Agreement Between NRC & State of Il. Agreement May Be Executed as Early as 870301 ML20214A7161986-11-12012 November 1986 Advises That 861110 Response Opposing Us Ecology Motion for Summary Disposition Filed w/out-of-date Svc List.Pleading re-served to Correct Svc List.Certificate of Svc Encl ML20214D1431986-11-0404 November 1986 Forwards Draft Elevated Gross Beta in Wells at Sheffield Low Level Waste Site. Rept Provides Background Info & Discusses Possible Causes of Elevated Gross Beta Activity. Requests Comments by 861121 ML20210N1271986-08-0101 August 1986 Forwards First Draft Analysis of Latest Proposals from State of Il & Us Ecology.Analysis Is Preliminary Staff Response W/O Mgt Concurrence ML20129H8751985-06-24024 June 1985 Forwards Updated Working Draft, Perspective on Groundwater Flow at Sheffield. Requests Comments & Suggestions by 850710 ML20127B8151984-06-26026 June 1984 Provides Legal Opinion on Several Questions Re Potential Transfer of Sheffield,Il Low Level Waste Disposal Site to Doe,In Response to 840517 Request ML20028E7151983-01-21021 January 1983 Forwards Summary of 830117 Technical Update Meeting Re Tritium Migration Investigation ML20028C5551982-12-20020 December 1982 Advises That Specific Field Procedures & Wells to Be Tested by Borehole Dilution Agreed Upon at 821119 Site Meeting. Field Work Began on 821213.Details of Chemical Tracer Testing Still Being Discussed ML20062A2331982-07-0707 July 1982 Forwards Summary of 820610 Technical Update Meeting to Evaluate Phase 1 of Tritium Investigation ML20127A1961982-06-10010 June 1982 Trip Rept of 820609 Meeting W/State of Il in Chicago,Il Re Environ Monitoring Activities ML20062A2501982-06-0707 June 1982 Forwards Sampling & Analysis Data Received from Phase 1 Study.Info Distributed to Committee Members Prior to 820610 Meeting ML20054C1331982-04-0505 April 1982 Forwards Summary of Technical Update 820326 Meeting in Champaign-Urbana,IL Re Tritium Migration Investigation, Preliminary Core Descriptions for USGS Borings 567 & 568 & Sampling & Analysis Data for Mar 1982 ML20042B0741982-03-10010 March 1982 Forwards Data Obtained at 820224-25 Meeting in Champaign,Il. Data Includes Survey Locations,Elevations & Boring Logs for Completed Wells.Il State Geological Survey Contract Rept 1981-6 & Sheffield Site Well Records ML20042B0161982-03-0909 March 1982 Forwards Data Re 17 Test Wells Constructed by USGS East of Sheffield Low Level Waste Disposal Facility.Data Shared W/Licensee Due to Small Concentrations of Tritium Found ML20042B0031982-03-0909 March 1982 Forwards Summary of 820211 Meeting in Chicago,Il Re Migration of Tritium at Site ML20041B9321982-02-0505 February 1982 Forwards Site Notes from 820127 & 28 Visit to Sheffield & Champaign,Il.Draft to Il State Geological Survey Encl ML20009C0881981-07-14014 July 1981 Informs That Listed Individuals May Be Called as Witnesses in Proceeding,Supplementing 801103 List ML20009F1931981-07-13013 July 1981 Requests Encl Subpoena Ad Testificandum Be Issued to TS Baer ML20008F4661981-04-0808 April 1981 Advises That Ofc of Executive Legal Director Is Not Prepared for Summary Disposition or Hearing Phase of Us Ecology Proceeding.Prompt Action Is Required to Identify Disciplines & Involve Expert Personnel in Review & Discovery ML20030D7711981-03-0404 March 1981 Forwards Trip Rept of 810108 & 09 Meetings W/Low Level Waste Mgt Technical Assistance Contractors for Facility ML20003B7361981-02-20020 February 1981 Informs That Necessary Personnel Are Not Available to Conduct 810319 Discovery as Previously Indicated.Applicant Advised That Examination of Applicant Documents Could Begin on 810324 at Sheffield,Ky & Continue in Louisville,Ky ML19247B9181980-12-0909 December 1980 Nuclear Reactor Regulation Ofc Letter 19,Revision 1, Forwarding Revised Procedures for Notifying Licensing Boards of Relevant New Info NUREG/CR-1683, Forwards Omitted Page 31 of NUREG/CR-1683, Characterization of Existing Surface Conditions at Sheffield Low Level Waste Facility1980-10-29029 October 1980 Forwards Omitted Page 31 of NUREG/CR-1683, Characterization of Existing Surface Conditions at Sheffield Low Level Waste Facility ML19347B4101980-10-10010 October 1980 Advises of Filing First Set of Interrogatories to Nuclear Engineering Co.Nrc Awaits ASLB Ruling on Followup Discovery & Depositions ML19336A5711980-10-0606 October 1980 Forwards Characterization of Existing Surface Conditions at Sheffield Low Level Waste Disposal Facility, Final Rept for Jul 1980 ML19320D7451980-07-17017 July 1980 Submits Issues to Be Litigated in Low Level Radwaste Disposal Site Proceeding in Response to ASLB 800626 Directive.Urges Adoption of Liability Issue Along W/ Technical Issues.W/Site Stabilization & Closure Conditions ML19310A0291980-04-24024 April 1980 Forwards New Info & Matl Potentially Relevant to Licensing Board Re Conditions on License Termination & Show Cause Order.Includes Preliminary USGS Interpretation of Hydrogeologic Data from Site Through Jul 1979.W/o Encl ML19322E6991980-03-13013 March 1980 Requests That Site Be Inspected When Thawing Occurs. Significant Trench Subsidence & Erosion Was Observed in 1979.Surface Deterioration Admits Water & Leads to Increased Leaching of Radwaste,Particularly During Spring Thaw ML19291C3801980-01-0909 January 1980 Responds to 791026 Request Re Interagency Task Force Rept on Proposed Decommissioning of Facility.Rept Provides Good Overview of Status of Site & Needs Re Decommissioning. Comments,Suggestions & Criticisms of Objectives Encl ML19210D7891979-11-0808 November 1979 Forwards NRC Re Possible Disposal Site at Lyons, Ks ML20010C6601979-10-18018 October 1979 Advises That Waste Mgt Staff Should Follow Encl Procedures for Informing Licensing Boards of Info Matl & Relevant to Pending Issue ML19208A4521979-07-16016 July 1979 Forwards Board Notification 79-28 Re Fire Retardant Cable Coatings ML20010C6631979-06-29029 June 1979 Forwards Jul Update of Pending Cases Before Aslb,Aslab or Commission ML19208A5091979-06-26026 June 1979 Board Notification 79-28:fire Retardant Cable Coating. Unproperly Qualified Fire Retardant Cable Coating May Present Safety Problem ML19225B2911979-06-0505 June 1979 Forwards Revision 1 to Branch Position, Low-Level Waste Burial Ground Site Closure & Stabilization ML19225B1421979-06-0101 June 1979 Forwards Le Stratton Confirming Telcons Re Dappolonia Piezometers at Site ML19246A0571979-06-0101 June 1979 Forwards from Il Dept of Public Health Confirming Telcons Re Dappolonia Piezometers at Low Level Radioactive Waste Disposal Site ML19282A1031979-04-12012 April 1979 Forwards Signed Affidavit by Mj Bell of Low Level Waste Branch to Be Included in NRC Response to Licensees Motion for Emergency Action,To Replace Earlier Unsigned Version ML19281B2411979-04-0303 April 1979 Forwards Bureau County Circuit Court,Il,Order Granting Preliminary Injunctive Relief Re Operation of Facility ML19274F8001979-03-27027 March 1979 Forwards Draft of NRC 790326 Order to Show Cause.Order Should Not Be Issued.Order Cannot Be Enforced,Is Noncommital on Health & Safety Concerns & Fails to Require New Anchors ML19274E7151979-03-22022 March 1979 Discusses 790319 Site Visit:Sinkholes Emitting Low Level Radiation,Fences Damaged,Traces of Radiation Found in Previously Decontaminated Bldg.Supporting Documentation Encl ML19289E2171979-03-0909 March 1979 Forwards Re Low Level Radioactive Waste Disposal ML19261C0381979-02-16016 February 1979 Informs That 790214 Pleading Did Not Include Attached Brief, Which Will Be Filed If ASLB Grants Permission ML19261B5521979-01-24024 January 1979 Forwards from Il EPA Re Nuclear Engineering Co Special Waste Disposal Site at Sheffield,Il 1987-07-30
[Table view] Category:MEMORANDUMS-CORRESPONDENCE
MONTHYEARML20236N7741987-07-30030 July 1987 Informs That Time Provided by NRC Regulations to Review Aslab Decision Re Facility (ALAB-866) Has Expired.Commission Declined Any Review.Decision Became Final Agency Action on 870727.Served on 870731 ML20126M8811987-06-19019 June 1987 Discusses Naslap Decision Terminating Sheffield Enforcement Proceeding on Show Cause Order That Director of NMSS Issued on 790320 ML20214T1121987-06-0505 June 1987 Submits Citation to Footnote 19,omitted from Staff 870528 Motion to Terminate Proceeding ML20214T2331987-06-0202 June 1987 Advises That Staff 870528 Motion to Terminate Proceeding Contained Three Citation & Punctuation Errors as Stated ML20209E8291987-04-24024 April 1987 Forwards Corrected Version of NRC 870424 Response to Us Ecology Motion for Sanctions & Other Relief.Version Corrects Omission of Line Between Bottom of Page 2 & Top of Page 3 ML20206T3231987-04-16016 April 1987 Advises That State of Il Intends to File Response Under Provisions of 10CFR2.762 to Us Ecology,Inc 870316 Brief in Support of Appeal of Final Decision.Nrc Response to Appeal Brief Will Be Submitted by 870611 ML20212R6731987-01-28028 January 1987 Forwards 870121 Fr Notice,Revising Due Date for Comments on Assessment of Proposed Agreement Between NRC & State of Il. Agreement May Be Executed as Early as 870301 ML20214A7161986-11-12012 November 1986 Advises That 861110 Response Opposing Us Ecology Motion for Summary Disposition Filed w/out-of-date Svc List.Pleading re-served to Correct Svc List.Certificate of Svc Encl ML20214D1431986-11-0404 November 1986 Forwards Draft Elevated Gross Beta in Wells at Sheffield Low Level Waste Site. Rept Provides Background Info & Discusses Possible Causes of Elevated Gross Beta Activity. Requests Comments by 861121 ML20210N1271986-08-0101 August 1986 Forwards First Draft Analysis of Latest Proposals from State of Il & Us Ecology.Analysis Is Preliminary Staff Response W/O Mgt Concurrence ML20129H8751985-06-24024 June 1985 Forwards Updated Working Draft, Perspective on Groundwater Flow at Sheffield. Requests Comments & Suggestions by 850710 ML20127B8151984-06-26026 June 1984 Provides Legal Opinion on Several Questions Re Potential Transfer of Sheffield,Il Low Level Waste Disposal Site to Doe,In Response to 840517 Request ML20028E7151983-01-21021 January 1983 Forwards Summary of 830117 Technical Update Meeting Re Tritium Migration Investigation ML20028C5551982-12-20020 December 1982 Advises That Specific Field Procedures & Wells to Be Tested by Borehole Dilution Agreed Upon at 821119 Site Meeting. Field Work Began on 821213.Details of Chemical Tracer Testing Still Being Discussed ML20062A2331982-07-0707 July 1982 Forwards Summary of 820610 Technical Update Meeting to Evaluate Phase 1 of Tritium Investigation ML20127A1961982-06-10010 June 1982 Trip Rept of 820609 Meeting W/State of Il in Chicago,Il Re Environ Monitoring Activities ML20062A2501982-06-0707 June 1982 Forwards Sampling & Analysis Data Received from Phase 1 Study.Info Distributed to Committee Members Prior to 820610 Meeting ML20054C1331982-04-0505 April 1982 Forwards Summary of Technical Update 820326 Meeting in Champaign-Urbana,IL Re Tritium Migration Investigation, Preliminary Core Descriptions for USGS Borings 567 & 568 & Sampling & Analysis Data for Mar 1982 ML20042B0741982-03-10010 March 1982 Forwards Data Obtained at 820224-25 Meeting in Champaign,Il. Data Includes Survey Locations,Elevations & Boring Logs for Completed Wells.Il State Geological Survey Contract Rept 1981-6 & Sheffield Site Well Records ML20042B0161982-03-0909 March 1982 Forwards Data Re 17 Test Wells Constructed by USGS East of Sheffield Low Level Waste Disposal Facility.Data Shared W/Licensee Due to Small Concentrations of Tritium Found ML20042B0031982-03-0909 March 1982 Forwards Summary of 820211 Meeting in Chicago,Il Re Migration of Tritium at Site ML20041B9321982-02-0505 February 1982 Forwards Site Notes from 820127 & 28 Visit to Sheffield & Champaign,Il.Draft to Il State Geological Survey Encl ML20009C0881981-07-14014 July 1981 Informs That Listed Individuals May Be Called as Witnesses in Proceeding,Supplementing 801103 List ML20009F1931981-07-13013 July 1981 Requests Encl Subpoena Ad Testificandum Be Issued to TS Baer ML20008F4661981-04-0808 April 1981 Advises That Ofc of Executive Legal Director Is Not Prepared for Summary Disposition or Hearing Phase of Us Ecology Proceeding.Prompt Action Is Required to Identify Disciplines & Involve Expert Personnel in Review & Discovery ML20030D7711981-03-0404 March 1981 Forwards Trip Rept of 810108 & 09 Meetings W/Low Level Waste Mgt Technical Assistance Contractors for Facility ML20003B7361981-02-20020 February 1981 Informs That Necessary Personnel Are Not Available to Conduct 810319 Discovery as Previously Indicated.Applicant Advised That Examination of Applicant Documents Could Begin on 810324 at Sheffield,Ky & Continue in Louisville,Ky ML19247B9181980-12-0909 December 1980 Nuclear Reactor Regulation Ofc Letter 19,Revision 1, Forwarding Revised Procedures for Notifying Licensing Boards of Relevant New Info NUREG/CR-1683, Forwards Omitted Page 31 of NUREG/CR-1683, Characterization of Existing Surface Conditions at Sheffield Low Level Waste Facility1980-10-29029 October 1980 Forwards Omitted Page 31 of NUREG/CR-1683, Characterization of Existing Surface Conditions at Sheffield Low Level Waste Facility ML19347B4101980-10-10010 October 1980 Advises of Filing First Set of Interrogatories to Nuclear Engineering Co.Nrc Awaits ASLB Ruling on Followup Discovery & Depositions ML19336A5711980-10-0606 October 1980 Forwards Characterization of Existing Surface Conditions at Sheffield Low Level Waste Disposal Facility, Final Rept for Jul 1980 ML19320D7451980-07-17017 July 1980 Submits Issues to Be Litigated in Low Level Radwaste Disposal Site Proceeding in Response to ASLB 800626 Directive.Urges Adoption of Liability Issue Along W/ Technical Issues.W/Site Stabilization & Closure Conditions ML19310A0291980-04-24024 April 1980 Forwards New Info & Matl Potentially Relevant to Licensing Board Re Conditions on License Termination & Show Cause Order.Includes Preliminary USGS Interpretation of Hydrogeologic Data from Site Through Jul 1979.W/o Encl ML19322E6991980-03-13013 March 1980 Requests That Site Be Inspected When Thawing Occurs. Significant Trench Subsidence & Erosion Was Observed in 1979.Surface Deterioration Admits Water & Leads to Increased Leaching of Radwaste,Particularly During Spring Thaw ML19291C3801980-01-0909 January 1980 Responds to 791026 Request Re Interagency Task Force Rept on Proposed Decommissioning of Facility.Rept Provides Good Overview of Status of Site & Needs Re Decommissioning. Comments,Suggestions & Criticisms of Objectives Encl ML19210D7891979-11-0808 November 1979 Forwards NRC Re Possible Disposal Site at Lyons, Ks ML20010C6601979-10-18018 October 1979 Advises That Waste Mgt Staff Should Follow Encl Procedures for Informing Licensing Boards of Info Matl & Relevant to Pending Issue ML19208A4521979-07-16016 July 1979 Forwards Board Notification 79-28 Re Fire Retardant Cable Coatings ML20010C6631979-06-29029 June 1979 Forwards Jul Update of Pending Cases Before Aslb,Aslab or Commission ML19208A5091979-06-26026 June 1979 Board Notification 79-28:fire Retardant Cable Coating. Unproperly Qualified Fire Retardant Cable Coating May Present Safety Problem ML19225B2911979-06-0505 June 1979 Forwards Revision 1 to Branch Position, Low-Level Waste Burial Ground Site Closure & Stabilization ML19225B1421979-06-0101 June 1979 Forwards Le Stratton Confirming Telcons Re Dappolonia Piezometers at Site ML19246A0571979-06-0101 June 1979 Forwards from Il Dept of Public Health Confirming Telcons Re Dappolonia Piezometers at Low Level Radioactive Waste Disposal Site ML19282A1031979-04-12012 April 1979 Forwards Signed Affidavit by Mj Bell of Low Level Waste Branch to Be Included in NRC Response to Licensees Motion for Emergency Action,To Replace Earlier Unsigned Version ML19281B2411979-04-0303 April 1979 Forwards Bureau County Circuit Court,Il,Order Granting Preliminary Injunctive Relief Re Operation of Facility ML19274F8001979-03-27027 March 1979 Forwards Draft of NRC 790326 Order to Show Cause.Order Should Not Be Issued.Order Cannot Be Enforced,Is Noncommital on Health & Safety Concerns & Fails to Require New Anchors ML19274E7151979-03-22022 March 1979 Discusses 790319 Site Visit:Sinkholes Emitting Low Level Radiation,Fences Damaged,Traces of Radiation Found in Previously Decontaminated Bldg.Supporting Documentation Encl ML19289E2171979-03-0909 March 1979 Forwards Re Low Level Radioactive Waste Disposal ML19261C0381979-02-16016 February 1979 Informs That 790214 Pleading Did Not Include Attached Brief, Which Will Be Filed If ASLB Grants Permission ML19261B5521979-01-24024 January 1979 Forwards from Il EPA Re Nuclear Engineering Co Special Waste Disposal Site at Sheffield,Il 1987-07-30
[Table view] |
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[s UNITED STATES f
' 'g NUCLEAR REGULATORY COMMISSION 3y l
W ASHINGToN, o. C. 20555
%y
/
MN19may MEMORANDUM TO:
Hugh L. Thompson, Director Office of Nuclear Material Safety and Safeguards Harold S. Denton, Director Office of Governmental and Public Affairs FROM:
James P. Murray Deputy General Counsel
SUBJECT:
APPEAL BOARD DECISION TERMINATING THE SHEFFIELD ENFORCEMENT PROCEEDING Cn June 16, 1987, the Appeal Board in US Ecology, Inc. (Sheffield, Illinois Low-Level Radioactive Waste Disposal Site) b = oed ALAB-866 (attached).
In its Memorandum and Order, the Appeal Board vacated two Licensing Board decisions before the Appeal Board on US Ecology's appeal and terminated the proceeding on the show cause order that the Director of NMSS had-issued on March 20,1979.
The Appeal Board's action was taken after full consideration of the views of the parties. to the proceeding, US Ecology, the State of Illinois and the NRC Staff, regarding the appropriate course of action for the Appeal Board to take in the circumstances of the Commission and the State of Illinois having executed an agreement by which,
among other thing s,
regulatory authority over the Sheffield site was transferred from the Commission to the State effective June 1,1987.
The Appeal Board s tated that Jt understood from the Staff's motion -- in which the Staff sought the vacation and termination that was granted in ALAB-866 -- that the Staff would shortly withdraw its March 20,1979 show cause order directed to US Ecology.
Ann Hodgdon, OGC counsel in the matter, will be in touch with your Staff regarding the withdrawal of the order.
/
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D
' ames P. Murray
Attachment:
As stated cc: Victor Stello 'w/ attachment A. Bert Davis, Administrator, Region lil, w/ attachment t
1 9301110132 920708 PDR FOIA MESTER92-71 PDR lbsA i
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- y w 87J854 UNITED STATES OT: AMERICA
. NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD Aaministrative Judges:
Alan S. Rosenthal, Chairman June 16, 1987 Thomas S. Moore
( ALAB-866) howard A. Wilber
)
In the Matter of
)
)
US ECOLOGY, INC.
)
Docket No. 27-39 SC
)
(Sheffield, Illinois Low-Level
)
Radioactive Waste Disposal Site))
)
Mark J. Wetterhahn, Robert M. Rader, and Nils N.
Nichols, Washington, D.C.,
for-US Ecology, Inc.
9 Neil F. Hartigan, Henry L. Henderson, H.-Alfred-Ryan, Gabriel M. Rodriguez, and Diane Rosenfeld Lopata, Chicago, Illinois, for the State of Illinois.
Ann P. Bodqdon and Robert M. Weisman. for the Nuclear Regulatory Commission-staff.
MEMORANDUM AND ORDER This show-cause, proceeding __ involving-the=Sheffield,.
Illinois Low-Level Radioactive Waste Disposal SiteLis-before us on the appeal of US Ecology, Inc., from.two Licensing' Board memoranda and orders.
Last. month, the Nuclear:
Regulatory Commission and the State of Illinois executed an 2
agreement -whereby, es no. party to:the proceeding disputes, e
1 -See LBP-87-5, 25-NRC (February. 20, 1987) ; March,
10, 1987 memorandum and order-(unpublished).
2.
Reg. 22,864.(1987).
ged-
.o pha577/
v-
=_
4 2
t regulatory jurisdiction over the Sheffield site was transferred from the Commission to the State effective June 1, 1987.3 On full consideration of the views of US Ecology, Illinois, and the NRC staf f respecting the appropriate course in these circumstances, we vacate the two orders subject to the appeal and terninate the proceeding.
United States v. Munsingvear, Inc., 340 U.S. 36, 39-41 (1950).4 In 3
In a February 20, 1987 written submission, US Ecology had requested the Commission to exclude Shef field from the scope of its then-proposed agreement with Illinois pending the completion of the show-cause proceeding at bar.
See Comments of US Ecology, Inc. to the Nuclear Regulatory Commission on the Notice of Proposed Agreement with the State or Illinois for the Assumption of Certain of the Commission's Regulatory Authority Pursuant to Section 274 of the Atomic Energy Act.
In recent filings with us, US Ecology explicitly acknowledges that the Commission rejected that request.
See US Ecology's Motion to Vacate the Order to Show Cause of March 20, 1979 and All Resulting Adjudicatory Orders (May 20, 1987) at 3 n.6; US Ecology's Answer to NRC Staf f Motion to Terminate Proceedings on Appeal and to Vacate Licensing Board's Decisions (June 2, 1987) at 2.
Illinois and the NRC staff likewise have af firmatively represented to us that the agreement extends to Sheffield.
See State of Illinois' Objections to Motions to Vacate Show Cause Order and Board Decisions (June 12, 1987) at 1-3; NRC Staf f Motion to Terminate Proceeding on Appeal and to Vacate Licensing Board's Decisions, etc. (May 28, 1987) (hereaf ter "NRC Staf f Motion") at 5.
4 It suffices to observe that there is no merit to Illinois's position that its agreement with the NRC strips us of jurisdiction to take any action other than to terminate the NRC show-cause proceeding.
Illinois insists that, although the agreement brought that proceeding to an end, the orders rendered in it by the Licensing Board retain their vitality.
This is said to be so because, according to Illinois, the agreement simply transferred the authority to' review those orders from us to its Department of Nuclear (Footnote Continued)
- ~-
4 4
3 this' connection, it is our understanding that, in light of
~
the agreement, the staff has vithd: ten, or shortly will withdraw, its March 20, 1979 show-cause order directed to US Ecology.5 (Footnote Continued)
Safety.
But Illinois has pointed to no agreement provision or other authority (and we have found none) that might possibly serve to support that proposition.
More particularly, the agreement does not suggest that the Commission intended to clothe a state agency with the power to affirm, to reverse, or to modify orders issued by an NRC adjudicatory tribunal in a now-closed proceeding that had been instituted by the NRC and conducted under its Rules of Practice and other regulatory provisions.
In the absence of a clear statement of such a seemingly novel purpose, one is not to be inferred.
Accordingly, inasmuch as the agreement manifestly has the effect of depriving US Ecology of its pre-existing ability to obtain review within the NRC of the Licensing Board's orders, operative effect must be removed from those orders as an incident of the termination of the proceeding in which they were rendered.
As Munsingwear teaches, this-objective can be accomplished by simply vacating the orders.
It does not necessarily follow that Illinois is precluded from utilizing for any purposes the fruits of the NRC proceeding or from resching the same result arrived at by the Licensing Board.
Those are questions we neither need nor do consider here.
Our action in vacating the challenged orders below means merely that Illinois cannot rely on them as representing the conclusions of this agency on the matters in controversy.
Rather, by reason of the NRC-Illinois agreement that brought about the termination of the show-cause proceeding while the orders remained on appeal, the NRC must.be taken as having no current (or future) position on those matters.
b See NRC Staff Motion at 10.
t
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