|
---|
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November 1986 Advises That 861110 Response Opposing Us Ecology Motion for Summary Disposition Filed w/out-of-date Svc List.Pleading re-served to Correct Svc List.Certificate of Svc Encl ML20214D1431986-11-0404 November 1986 Forwards Draft Elevated Gross Beta in Wells at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] |
Text
- - _ _ - _ - _ _ - _ - _ _ _ _ _ _ - _ _ _.
9
,>* Etcg
,o, UNITED STATES NUCLEAR REGULATORY COMMISSION o
, i E
wAssiNotoN. o. c. 20sss JUN 2 61384 t%,...../
MEtiORANDUM FOR: Leo B. Higginbotham, Chief Low-Level Waste Licensing Branch Office of the Nuclear Material Safety and Safeguards FPC'h Robert L. Fonner, Deputy Director Regulations Division Office of the Executive Legal Director
SUBJECT:
Transfer of Sheffield, Illinois, low-level waste disposal site to Department of Energy pursuant to Section 151 of the Nuclear Waste Policy Act.
In your menorandum of flay 17, 1984, you requested a legal opinion on several questions pertaining to the potential transfer of the Sheffield, Illinois, low-level waste disposal site to the Department of Energy pursuant to Section 151 of the Nuclear Waste Policy Act of 1982 (Pub. L.97-425, 96 Stat 2201, 2244;42U.S.C.10101,10171).
Your questions and our answers follow:
"1.
Could the Nuclear Regulatory Comission or Staff make the findings in 151(b) on an ad hoc basis absent formal rulemaking?"
Answer:
The Commission or Staff (if the function were to be delegated to the Staff) could make the findings on a case-by-case basis. Section 151(b) does not require a rulemaking procedure for making the determinations, nor for establishing any special criteria for making the determinations. Under Section 151(b) the NRC is not functioning in a licensing or regulatory proceeding, but as an adjunct to the consideration of an application for transfer submitted to the Secretary of Energy.
2.
Can the phrase "at no cost to the Federal Government" be reasonably interpreted to mean "no cost given reasonably foreseeable circumstances?"
Answer:
The view in OELD is that Section 151(b)(1)(B) refers to the costs of transfer. The provision reads, "(B) such title and custody will be transferred to the Secretary without cost to the Federal Government" (emphasis supplied). Transfer costs nonnally associated
/
!if(
. /,.)Qy
,,p
- l '
2 with transfer of. real property would include costs of title search, settlement, title insurance (if any), legal fees, Federal, State and local transfer taxes, discharge of liens, etc..
It should also, in this case, be held to mean that the United States will not pay any anount to the owner or lessee of the property for its real property value, or for any personal property accompanying the real property.
In the absence of an adequate legislative history to explicate the relationships between parts of a statute, the rule is to construe the statute in a manner that best resolves its inconsistencies and gives meaning to all its parts. Sutherland, Statutory Construction, 55 46.05, 46.06 (3rd Edition).
Accordingly, we do not construe Section 151(b)(1)(B) as referring to costs of future surveillance, monitoring, and maintenance of the transferred site. The financial aspect of long term custody is, rather, part of the determination made under Section 151(b)(1)(A), which requires the licensee to be in compliance with Section 151(a).
Section151(a) covers two situations, first, financing for decomissioning and closure (5151(a)(1)) and financing for long turn maintenance and monitoring
( F, 151(a)(2)),orboth.
It is necessary, in order to give meaning to Section 151(a)(2) in the context of a transfer to the Secretary of Energy, to give a narrow reading to Section 151(b)(1)(B).
If the latter were all encompassing, the reference to " subsection (a)" in Section 151(b)(1)(A) would be meaningless.
"(3) Could site closure requirements be interpreted as meaning
" implementation of specific technical requirements for site closure or financial assurance necessary for implementation at some future date after site transfer to DOE"?
Answer: We believe that the suggested interpretation is a reasonable one. ThereferenceinSection151(b)(1)(A)tocompliancewith
" subsection (a)" (i.e. $ 151(a)) includes compliance with the financial requirements determined by the Comission to be necessary, "to permit completion of... decontamination, decomissioning, site closure, and reclamation of sites, structures, and equipment used."
(5151(a)(1)).
Thus, if the licensee, under Comission requirements, provides funds that permit completion of the physical aspects of site decomissioning and closure by DOE, the Comission could make the detemination under Section151(b)(1)(A). The licensee, being in compliance with 5 151(a),
would have met the requirements of the Comission.
"4. In ELD's opinion who in the ag)ency should make the determinations required of NRC pursuant to 151(b ?"
s Answer: The. question of who should make the detenninations-is-one of policy.
The statute says the Comission makes-the determinations,
~
but there is no bar'to a delegation of the authority. ' We see the following options:
(1) The Comission makes the determinations.
If there is no delegation, the Cocinission itself must make the determinations. OELD has no views to express on the merits of the Commission retaining this authority to itself.
~
(2) The Comission could delegate the function-(i) to the Staff or (11) to the Atomic Safety and Licensing Board. Of these two alternatives OELD would recomend' delegation to the Staff.
Although the licensing Board has before it a proceeding based upon a.
NRC order, the issues involved in the proceeding do not encompass the matter of transfer of the site to the United States. Therefore, the-determinations under Section-151(b) are not within the scope of the hearing.
It must be recognized, however, that effecting a transfer under Section 151(b) would constitute an effective settlement of the adjudication.- Since the conditions of settlement will need to be..
reviewed by the Board, the Board will, perforce, review the 1_
determinations made by the Staff.
However', review of the determinations is a matter of a different-order than the making of them.. As long as the detenninations-have a legal.
.and factual basis and are not arbitrary or capricious, Board review should not upset them.
A final question raised in your memorandum asks about the necessity of. preparing an environmental-impact statement for closure of the Sheffield site under new 10 CFR Part 51.-
In our opinion new 10 CFR Part 51: does not mandate on -EIS for -
the closure of Sheffield.10 CFR 51.20(b)(11)and-(12)-require on EIS only in case of issuance.or renewal of a license under. Part 61,-issuancetof an amendment a
under '.rt 61 for closure, for transfer.to ' site owner-for institutional control, or for termination of the license at the end of the: institutional control period -
l (see 49 Fed. Reg. 9384, March 12. 1984).
10CFR61.1(a)statesthat.the..
requirements of Part 61.will be applied to sites-under license on its effective-L
' date only on a case-by-case basis.and only through tenns and conditions imposed' l:
in the license or:by Comission order. Sheffield was not licensed under 10 CFR L
Part 61, no requirements of Part 61 have been imposed upon the Sheffield site,
.i:
o L
L f
-j r,
l}
~
,y and the closure of Sheffield is not pursuant to an amendment issued under-10 CFR Part 61.
The'refore, the closure of the Sheffield-site is not subject to the mandatory EIS requirements of 10 CFR 51.20(b).
However,'10 CFR 51.21 does apply, and requires the preparation of an environmental assessment (there is no categorical exclusion covering closure of a waste disposal site).
The environmental assessment must meet the requirements of 10 CFR 51.30, and serves as the basis for determining whether the proposed action warrants a full EIS or a finding of no significant impact (see 10 CFR 51.31).
d wh Robert L. Fonner, Deputy Director Regulations Division Office of the Executive Legal Director DISTRIBUTION RLFonner WJ0lmstead OELD R/F OELD S/F Regs R/F Central File
.... : - - _ _... f... :...... _ _. _ _ :............ :............ ::.....
FC :0 ELD pt
.AME :RLFonner:jh :
> ATE:6/.2484
_