ML20212B002

Memorandum Listing Factual Matters to Be Addressed by Parties at 860819 Prehearing Conference Re Sheffield,Il Low Level Radwaste Disposal Site.Served on 860804

ML20212B002
Person / Time
Site:	02700039
Issue date:	08/01/1986
From:	Cotter B, Kline J, Luebke E Atomic Safety and Licensing Board Panel
To:
References
CON-#386-185 78-374-01-OT, 78-374-1-OT, SC, NUDOCS 8608060128
Download: ML20212B002 (4)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING B0him

-N NE ~4 M0:14 Before Administrative Judges: N$T?hlufhi'auv BRency 'M"Cf.

B. Paul Cotter, Jr., Chairman Dr. Jerry R. Kline Dr. Emmeth A. Luebke SERVED AUGhL W In the Matter of: Docket No. 27-39 SC U.S. ECOLOGY, INC. ASLBP No. 78-374-01 OT (Sheffield,IllinoisLow-Level Radioactive Waste Disposal Site) ) August 1,1986

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MEMORANDUM At the prehearing conference in the captioned proceeding scheduled to commence August 19, 1986, the Board expects the following factual matters to be addressed by the parties.

1. The status of negotiations among the parties, including a list of issues resolved and issues now remaining to be resolved; and

2. A list identifying documentation pertaining to the physical condition of the Sheffield site that has been produced since issuance of the prior Board's Order of September 9, 1980 (the list should show which documents, if any, have been superseded by subsequent documents).

8608060128 860801 PDR ADOCK O2700039 C PDR D 5 OG x

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3. The current best estimate of the date that the State of Illinois is expected to achieve agreement state status.

As to legal matters, it appears to the Board that of the three issues in the case, Issues 1 and 2 are questions of law that can be resolved on motions for Summary Disposition without hearing. If that is the case, the Board contemplates deferring the third issue to address Issues 1 and 2 following Summary Disposition motions and briefs from the parties as follows:

September 22, 1986 U.S. Ecology, Inc.

October 6, 1986 State of Illinois October 13, 1986 NRC Staff The comments of the parties are invited.

The issues set out in the prior Board's Order were:

1. Whether the Applicant " possesses" the source, byproduct or special nuclear material at the Sheffield site.

2. Whether [US Ecology] can unilaterally terminate License No. 13-10042-01 for activities at Sheffield without affirmative action by the Commission.

3. If [US Ecology] cannot terminate its license without affirmative action by the Comission, what conditions, if any, are appropriate to impose in order to protect the public health and safety as well as the environment before [US Ecology] may quit the site.

Sheffield, supra, "Prehearing Conference Order and Order Setting Time for Discovery" (September 9,1980) (slip op. at 2).

If Issues 1 and 2 were to be resolved against U.S. Ecology, Inc.,

as questions of law, how much time would be required to hear and decide the third issue concerning conditions that might be imposed as necessary to protect the public health, safety and environment? The parties should present schedules for reaching and completing hearing on this third issue.

In view of the question as to when Illinois will achieve agreement state status, the Board wishes to hear the views of the parties as to jurisdiction, i.e., whether jurisdiction over this proceeding would terminate immediately upon achievement by the State of Illinois of agreement states status or, in the alternative, whether jurisdiction would be retained by this Board to resolve the third issue concerning conditions to be imposed in the event the Board were to resolve the first two issues against U.S. Ecology prior to the time Illinois achieved agreement state status. The Board does not intend to convey any prejudgment of Issues 1 6nd 2 in posing this jurisdictional question. The Board does not expect briefs on the foregoing questions at the prehearing conference but wishes to hear brief oral argument on behalf of the parties.

Finally, the Board wishes to have the parties' views as to whether this proceeding should be renoticed for hearing in view of the six years that have passed since the prior Board's order of September 9,1980.

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If any party wishes to have any other matter considered at the August 19, 1986 prehearing conference, they are.to notify the Board and all other parties promptly.

THE ATOMIC SAFETY AND LICENSING BOARD l *l E. PatIl Cotter, Jr/ Chairman ADMINISTRATIVE JU J'./A/tA4 i \n g .

yJerry R.(Kline ADMINISTRATIVE JUDGE h

Emmeth A. Luebke ADMINISTRATIVE JUDGE Dated in Bethesda, Maryland, this ist day of August, 1986.

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