ML20150A913

Response to ASLB 780921 Order.Due to Lack of Cooperation from Applicant,Issuance of Des by End of 1978 Not Possible. NRC Will Inform ASLB of Des Issuance Date After Receipt of Info from Applicant

ML20150A913
Person / Time
Site:	02700039
Issue date:	10/05/1978
From:	Friedell E NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:
References
NUDOCS 7810190208
Download: ML20150A913 (5)

Text

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NRQ PUBLIG DOCUMFNf ROOM JIM 4

10/05/78 UNITED STATES OF AMERICA ,

NilCLEAR REGULATORY COMMISSION BEFORETHEATbMICSAFETYANDLICENSINGBOARD ogg  ?>

0 6 1970

• 1 OC1 In the Matter of p NUCLEAR ENGINEERING COMPANY, INC. Docket No. 27-39 y N cr (Sheffield, Illinois Low-Level )

Radioactive Waste Disposal Site) )

NRC STAFF RESPONSE TO BOARD ORDER OF SEPTEMBER 21, 1978 The Board's order of September 21, 1978, asked the NRC Staff to state the date when it plans to file its draft environmental impact statement (DES) on the Sheffield facility. The Staff had hoped to be able to issue its DES this year, but this does not now appear possible because of the absence of essential information.

For about a year the NRC Staff has been concerned with the possibility that a continuous highly permeable layer of sand underlies the Sheffield site. Such a condition, if it exists, would pose serious questions as to the acceptability of the site. Despite the Staff's efforts, the applicant has not provided the Staff with sufficient .

l information for it to judge if such a condition exists. The applicant has perfonned a number of tests, but, as it stated in a letter to Dr. Michael J.

Bell of the NRC Staff, dated May 10,1978, "NEC0 regards the results of this investigation as positive but inconclusive." In a submittal of

i September 8,1978, the applicant stated that it plans to complete a comprehensive stratigraphic report on December 1,1978, which will include the results of tests the company has conducted and is now con-ducting. Until the Staff has received and had an opportunity to evaluate this report, it cannot be determined whether the site as it exists will

. adequately contain radionuclides.

In another area, the Staff asked the applicant on July 6,1978, to answer a number of questions concerning alternative sites, because the subject of alternative sites was not covered in the applicant's environmental report. On September 20, 1978, the applicant responded stating that it has not considered alternative sites "[i]n view of the national policy against the proliferation of low-level radioactive waste disposal sites."

In the Staff's view, the National Environmental Policy Act (NEPA), as interpreted in Commission and federal court decisions, requires the Staff to consider alternative sites in connection with its NEPA review of this application. See, e.g., Boston Edison Company, et al. (Pilgrim Nuclear Generating Station, Unit 2), ALAB-479, 7 NRC 774 (1978).

In light of the fact that the applicant has performed no alternative site analysis, the Staff is considering several means of obtaining this information.

i The Staff is also in the process of evaluating the answers to Staff questions which were submitted by the applicant in September. These responses cover a wide range of topics including site utilization plans, accident analysis and seismic information.

For the reasons discussed above it does not now appear possible for the Staff to issue its DES by the end of 1978. An expeditious issuance of a DES can only be achieved if the applicant cooperates by providing complete informaticn. In any event, the Staff will be prepared to infonn the Board of the date the Staff expects to issue its DES one month following receipt of the applicant's stratigraphic report which is scheduled to be submitted to the NRC by December 1,1978.

Respectfully submitted, b A/R h Ellen Silberstein Friedell Counsel for NRC Staff Dated at Bethesda, Maryland this 5th day of October,1978

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I UNITED STATES OF AMERICA NUCLE,AR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of NUCLEAR ENGINEERING COMPANY, INC. ) Docket No. 27-39

)

(Sheffield, Illinois Low-Level )

Radioactive Waste Disposal Site) )

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO BOARD ORDER OF SEPTEMBER 21, 1978" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 5th day of October,1978:

t Andrew C. Goodhope, Esq. Donald D. Rumley, Esq.

3320 Estelle Terrace State's Attorney Wheaton, Maryland 20906 Bureau County Court House Princeton, Illinois 61356 Dr. Linda W. Little Research Triangle Institute Dean Hansell, Esq.

• P. O. Box 12194 Susan N. Sekuler, Esq.

Research Triangle Park, N.C. 27709 State of Illinois Environmental Control Division j Dr. Forrest J. Remick 188 West Randolph Street  ;

305 E. Hamilton Avenue Suite 2315 i State College, Pennsylvania 16801 Chicago, Illinois 60601 Scott Madson, Esq. John M. Cannon, Esq. .

Assistant State's Attorney Mid-America Legal Foundation 601 South Main Street Suite 2245 Princeton, Illinois 61356 20 North Wacker Drive Chicago, Illinois 60606 l

l D. J. McRae, Esq.

217 West Second Street '

Kewaunee, Illinois 61443

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2-e Atomic Safety and Licensing Docketing and Service Section*

Board Panel

• Office of the Secretary U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Washington, D. C. 20555 Atomic Safety and Licensing Troy B. Conner, Jr. , Esq.

Appeal Panel

• fiark J. Wetterhahn, Esq.

U.S. Nuclear Regulatory Commission Conner, Moore & Corber Washington, D. C. 20555 1747 Pennsylvania Avenue, N.W.

Suite 1050 Robert Russell, Esq. Washington, D. C. 20006 Johnson, Martin & Russell 10 Park Avenue West Princeton, Illinois 61356 I

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Ellen Silberstein Friedell Counsel for NRC Staff 1

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