ML20127A499

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Ack Receipt of Providing Certification of Low Level Radwaste Policy Amend Act of 1985
ML20127A499
Person / Time
Issue date: 01/12/1990
From: Kammerer C
NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA)
To: Clinton B
ARKANSAS, STATE OF
Shared Package
ML20127A449 List:
References
FOIA-92-264 NUDOCS 9301110308
Download: ML20127A499 (1)
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The Honorable Bill Clinton Governor of Arkansas State Capitol Little F.ock. AR 72201

Dear Governor Clinton:

This is to acknowledge receipt of your letter dated December 11, 1989 in which you provided the State of Arkansas certification as required by Section 5(c)(1)(C)(ii) of the Low-level Radioactive Waste Policy Amendments Act of 1985. Copies of the certification will be sent to Congress and to the Office of the federal Reoister for publication in accordar.ce with Section 5(e)(1)(E) of the Act. Copies will also be sent to the U. S. Departa,ent of Energy for a surcharge rebate detemination and to the sited States of lievada South Carolina and Washington.

Sincerely, etM Carlton Kamerer, Of rector State. Local and Indian Tribe Programs Office of Governmental and Public Affairs

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o Deceebe r 11, 1989 i Pobert N. Fernero, Director office of Nuclear Material safety and Safeguards U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Deer Pr. Bernero:

Section Stelill(C) of the Low 'evel Radioactive Faste Policy Amendments Act of 1985 (hereinaf ter referred to as the Act) provides that any non-sited corpact region, or any State that i s not a nenber of a conpact region that does not have an operating disposal f aellity in place, shall comply with the following requirement:

(Cl BY JANUARY 1, 1990-it) a complete application (as deterrined by the truelear Pegulatory Conrtssion or the appropriate agency of an agreement State) shall be f!!ed for a license to operate a low-level radioactive wacte disposal f acility within each non-sited compact region or within each nonmember States or (11) the covernor (or, for any Sta:e without a covernor, the chief executive officer) of any State that la not a member of a compact region in compliance with clause (1), or has not corplied with such clause by its own actions, shall provide a written certification to the Nuclear Pegulatory Commiselon, that such State will he capable of providing for, and will provide for, the storage, disposal, or management of any low-level radioactive waste generated within such State and requiring disposal af ter December 31, 1992, and include a deceription of the actions that will be taken to enture that such capacity exists.'

The purpose of this letter is to provide written certification that the state of Arkansas will be capable of providing for the storage, disposal or canagement of any low-level radioactive vaste generated within its borders as required by Section $(e)(1)(C)(ii), of the Act, 1

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The Ptate of Arbansas le a Ferber of the Centrol Interplate 1.nv-l. eve)  !

Paoloect ive Nant e Correct . The Compact har been adopted in carb of its rerber states end has tre censent of rennrers fornibus I,nw-Level Padlocetive Parte leterstate Correct Centent Act, 4 7 t'S C 202 3 d ) . 7be Correct CorrjePjen 10  ;

charned with the resfonalbility of ensuring that raf e and ef ficient rannor' rent  ;

capacity is provided fer the warte generated within the nerber statec.

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To peet i ts respor.sibilities, the Ocerlerlon in 1987 selected a developer for the ,

recional disposal f acility and destenated the state tif t'ebraska as the host state for the feellity. Fabsequently, tbc Conrission entered into a contreet with its developer, US reology, speelf ying the terra of conditions f or the develoreent of tbc regional facility.

As a part of its contract with the Conniscien, t's teology submitted a detailed work plan Iceluding cost sebedule and time sebedule for the develeprent of the faellity. 7t+ plen speelfles that the facility will be '

operatf oral no later than January 1, !?03, and that it will provide for- the disposal of all Class A, M, and C waste as defined in title 10, code of referal Peculations, Part (), includir.9 barardous weste which containe l ow-l eve ) racloactive corponents (nized wast e).

Attached to thle cer tificatian is the project rehedule (Trhlbit A) being fo)) owed by the developer. The project rehedule details tbc activities to be conducted and the tire f rame for completion of such activities. 7te schedule verifles that the facility will be operation by .fanuary 1, 1903. Under the terra of tre corract, such f acility will be available to accept waste ,

generated vithin tbc state of Arkansas.  ;

The state of Ar6ansas, as a rerter of the Corpact, has previously been found to be la crepliance with the rilestones established in Section 5(e)(1)(A) and (B) of the Act. Previous milestone corpliance reouirements have been submitted on behalf of the state in conjunction with submittals by the Corpact Comrission.

As part of its corpliance with the milestone established in Feetion 5(e)(1)lB) of the Act, the corrission submitted a detailed siting plan for the region. 7be siting plan established that the proposed f acility will be constructed and operational by the rilertene date of January 1,19a3, thereby providing for the disposal of warte generated within the merber states af ter Decerber 31, 1987. The lega) authority of the appropriate regulatory agencies in the best state to irplement the siting plan and all repuJatory requirements thereunder was properly veri fied. The single state agency terponsible for a))

actions vas identified.

The following acticns are evidence that the-Corristion (ard its nerber states) it on rebedule t o reet the January 1, 19e? deadllre for taving a disposal f eellity operat ional:

1. Jure, 1*P7, developer IUS reology) for the regloral faellity selected
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2. tecerber ,199 7, l'etr ack a designa t ed ac hew t ntate for firrt regional facility.
3. ne ccet er ,198 7, Corpart remt er st at en corpt v vi t h ri lectone requirerent establiebed in section lle)(llin) of the Act.

4 January,1979, Conminelen aed develefer enter into contract for development of regional dierocal f acility and adopt coeprehensive developeent plan and schedule.

5. January, 19P8 to tro venber,10f B, developer conducte statewido screening to identify potential siten.
6. January,19f 9, developer obtains options f or land in Poyd, t'ercha and Nuekolls counties in Nebraska and begins charactertration of potential sites.

7 June, 1989, site charact er tration field st udice I coin.

8. f:overber, 1960, geolegic drilling progran at three potential sites substantially corpleted.
f. December,1989, developer cont inues environmental ci udice of sites and tegins preparation of license arpileation to be nubmitted to state regulatory agency by July 1, 1990.
10. Pecerber, 1989, Covernor of each merber state nubrits certification as required by Section $(e)it)lC) of t he Act.

In order to provide for enooing eversight on the project, thn Cormienion has established a Facility Peview Cormittee to ensure the project stays on schedule and that adjustment s can be rade ir a timely manner if required. Tbc corsittee also oversees funding schedules to ensure t hat adequate f unds are available throughout the project to the appropriate parties.

During the f all of 1989, the Arkansae Department of Health conducted a survey of all generators of waste within Arkansan to determine the amount and type of waste to be generated af ter Decemter 31, 1992 that will require disposal at a corrercial lor-level radioactive waste disposal f acility. A projection of waste requiring dieposal for the period of January 1.1993 through Decerber 31, 1995, is shown in f'yhibit B.

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! Pa red on the Pf o.4ect plan and the rehedule and wor k completed to date l'y l its contractor, the comricalon is confident that the regional dicponal l facility w!!! be developed, constructed and operat ional by the required dat e j of January 1, 1992. All regutator y reeut renent s are in place in the host l state, and all parties are working in a cooperet ive nanner to ennure tinely l operation. This will allow for each rerber state of the Compact to nect itu l

responsthility under the Act to provide for the dsMoral of all wart e l

generated wit hin the stat e a f t er January 1, 199?.

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. s l Phpe 4 of 4 As revernor of t he Ftate of Athanrgo, ren 91 n t ent wi t h T.cc t i on '.(c ) (1)( C) of the Art, I bereby errtify ar intent in nect t he st at e's renpnnnibilit y ,

urter Public l.aw **-740 to provido f or t bc narannecnt of vart e generated  ;

within Arnannae by baving rocl. $ art e dirpor.ed of at the teolonal lov-level

- radioactive west e dieN) cal f acility refer red t o al.ove, Slaned , ,

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Pill Clinton, Covernor .

Ftate of Ar>&nnas l ce/ Willian r. Nevber ry, ter lieyward f:braly, I;out h Carolina l Flaine Carlin, Vaehington

Jerry Crielvntrog, Nevada 4

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EXilIBIT A

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