ML20214C823

Memorandum Advising That Settlement Proposal W/Technical Exhibits Reflecting State of Il Most Recent Position Re Radwaste Disposal Site Under Review.Certificate of Svc Encl

ML20214C823
Person / Time
Site:	02700039
Issue date:	11/18/1986
From:	Fonner R NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#486-1583 78-374-01-OT, 78-374-1-OT, SC, NUDOCS 8611210252
Download: ML20214C823 (4)

Text

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DCLKETED usNPC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMTSSTQN 86 NOV 19 All:11 ATOPffC SAFETY AND LICENSTNG BOARD OFFICE T' M ,

00CKLTiiG A i "f.!

In the Pfatter of ) B" air U. S. ECOLOGY, INC. , ) Docket No. 27-39 SC

) ASLBP No. 78-374-01 OT r

)

(Sheffield, Illinois Low Level )

Radioactive Waste Disposal Site) ) November 18, 1986 NRC STAFF ffEMORANDUM TO TIIE BOARD in its memorandum of October 20, 1986, the NRC staff advised the k Board that it had not yet received substantive documents pertaining to the settlement of the issues in this case. On Plonday, November 17,1986, the staff received a copy of a settlement proposal with technical exhibits, reflecting the most recent position of the State of Illinois. The staff has no Indication whether or not this proposal is acceptable to U. S. Ecology.

None-the-less, the staff is reviewing the material received, and intends to advise the other parties of its preliminary views as soon as possible in order to expedite the possibility of a negotiated settlement.

It is obvious that the parties will not be able to submit a settlement to the Board, or advise it of issues that cannot be settled, by November 18, 1986, the date established in the Board's order of August 22, 1986, for this purpose. Nor are matters certain enough to establish a new reporting date.

The parties remain optimistic, however, about the possibility of settlement.

8611210252 861118 PDR ADOCK O2700039 C PDR D30 7

/ -

For the Board's further information, the schedule for execution of an agreement with the State of Illinois for Agreement State status has slipped by about one month. It is not likely that the agreement would be executed before February,1987.

Respectfully submitted,

. Robert L. Fonner Counsel for NRC Staff Dated at Bethesda, Pfaryland thie 18th day of November 1986

f. . --

UNITED STATES OF AMERICA DOL F E i! P HUCLEAR REGULATORY COMMISSION ';5NPC BEFORE TliE ATOMIC SAFETY AND LICENSING MAN' 19 A11 :12 CFF1R .. >

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In the Matter of ) 00CKli m s P nf

) BRANC-US ECOLOGY, THC. ) Docket No. 27-39

)

(Sheffield, Illinois Low-Level )

Radioactive Waste Disposal Site) )

CERTIFICATE OF SERVICE i hereby certify that copies of "?TRC STAFF Memorandum to the Board 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 18th day of November,1980:

B. Paul Cotter, Esq. , Chairman James R. May, Esq.

Administrative Judge State's Attorney Atomic Safety and Licensing Board Bureau County Court House U.S. Nuclear Pegulatory Commission Princeton, IL 61356 Washinfrton, D.C. 20555*

Jerry R. Kline IIenry L. Henderson, Esq.

Administrative Judge Asst. Attorney General Atomic Safety and Licensing Doard Environmental Control Division U.S. Nuclear Regulatory Commission 13th Floor Washington, D.C. 20555* 100 West Randolph Street Chicago, IL 60601 Dr. Emmeth A. Leubke Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission John M. Cannon, Esq.

Washington, D.C. 20555* Mid-America Legal Foundation Suite 842 Docketing and Service Section 20 North Wacker Drive Office of the Secretary Chicago, IL 60606 U.S. Nuclear Regulatory Commission Washington, D.C. 20555* Robert Russell, Esq.

Johnson, Martin & Russell D. J. McRae, Esa. 10 Park Avenue West 217 West Second Street Princeton, TL 61356 Kewaunee, TL 61443

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Mark J. Wetterhahn, Esq. Mr. Charles F. Eason, Esq.

. Pobert Rad.er, Esq. American Ecology, Inc.

Conner and Wetterhahn Director for Governmental Affairs 1747 Pennsylvania Avenue, N.W. 1700 N. Moore Street Suite 1050 suite 1925 Mashington, D.C. 20006 Arlington, Virginia 22209 R. Lee Armbruster, Esq. Atomic Safety and Licensing General Counsel Board Panel U. S. Ecology, Inc. U.S. Nuclear Regulatory Commission P.O. Box 7246 Washington, D.C. 20555*

Louisville, KY 40207 Terry Lash Atomic Safety and Licensing Director, Dept. of Nuclear Safety Appeal Board 1035 Outer Park Drive U.S. Nuclear Regulatory Commission Springfield, IL 62704 Washington, D.C. 20555*

Chief Legal Counsel Susan B. IIarmon, Esq.

Department of Huclear Safety Burke, Bosselman and Weaver 1035 Outer Park Drive Xerox Centre - 55 West Monroe Springfield, IL 62704 Chicago, IL 60603 Marc Bernabel, Esq.

State's Attorney Office of the State's Attorney Bureau County Courthouse Princeton, IL 61356

.v .

Robert L. Fonner Counsel for NRC Staff

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