ML20214G417

NRC Staff Motion to Hold in Abeyance Further Briefing of Appeal in Proceeding.* on 870513,Commission Approved Agreement W/State of Il Under Section 274b of Atomic Energy Act of 1954.Notice of Appearance & Certificate of Svc Encl

ML20214G417
Person / Time
Site:	02700039
Issue date:	05/14/1987
From:	Woodhead C NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#287-3490 SC, NUDOCS 8705270062
Download: ML20214G417 (6)

Text

4 d 00CKEIED USnnC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '87 tiAY 20 P1 5I

• BNFO'RR THE ATOMIC SAFETY AND LICENSING APPEAL BDhTtD; ^ si ,

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gjy : int In the Matter of

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)

US ECOLOGY, INC. ) Docket No. 27 SC_ '

)

(Sheffield, Illinois Low-Level )

Radioactive Waste Disposal Site) )

NRC STAFF MOTION TO HOLD IN ABEYANCE FURTHER BRIEFING OF THE APPEAL IN THIS PROCEEDING I. THE MOTION The NRC Staf[ (Staff) respectfully moves the Atomic Safety and Licensing Appeal Board (Appeal Board) to hold in abeyance the dates established for filing briefs in response to the appeal by US Ecology presently pending before the Appeal Board, for the reasons explained below.

II. DISCUSSION Pursuant to the April 29, 1987 Order of the Appeal Board, briefs in response to US Ecology's appeal of the final decision of the Atomic Safety and Licensing Board (Licensing Board) are to be filed by May 15, 1987 by the State of Illinois and by May 26, 1987 by the Staff. Due to changing circumstances regarding the subject of this proceeding, the Staff believes it appropriate to seek a delay in the briefing schedule until the situation is clarified, gp2;gggitgg$r 'b s o7 C

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h The changing circumstances to which the Staff refers are that on i$

May 13, 1987, the Commission approved an agreement with the State of Illinois under Section 274b of the Atomic Energy Act of 1954 (the Act). O Under this section of the Act, entitled " Cooperation with States", the Commission would relinquish regulatory authority over US Ecology's Sheffield site, the subject of the pending appeal, and authority for' regulating the site would be assumed by the State. After the agreement is final, the Staff intends to file a motion to terminate this proceeding, since jurisdiction over the Sheffield site would reside in the State, rather than the Commission.

Ilowever, as the matter now stands , while the Commission has recently approved the agreement with the State of Illinois, the document containing the agreement has not yet been signed by both the Chairman and the Governor of Illinois. After the agreement has been executed by both parties , the agreement will become effective on June 1, 1987. The Staff will promptly inform the Appeal Board and licensee by means of a motion to terminate, as previously stated. Meanwhile, the Staff requests that further briefing of the appeal be held in abeyance.

Staff Counsel has discussed this motion with Counsel for the State of Illinois who indicated that the State joins in the motion.

1/ 42 U.S.C. 2021b.

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III. CONCLUSION For the reasons set out above, the Appeal Board should order that the dates for filing responsive briefs by the State of Illinois and the Staff be held in abeyance pending execution of an agreement between the Commission and the State of Illinois for transfer of regulatory authority over the Sheffield site.

Respectfully submitted,

, Colleen P. Woodhead Counsel for NRC Staff Dated a Bethesda, Maryland This ay of May,1987 l

^ .

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFOllE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of )

U.S. ECOLOGY, INC. ) Docket No. 27-39 '

) -

(Sh.,ffield, Illinois Low-Level )

T'adk.antive Waste Disposal Site)

)

NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney enters an appearance in the above-captioned matter. In accordance with I 2.713(b),

10 C.F.R., Part 2, the following information is provided:

.Name: Colleen P. Woodhead Address: U.S. Nuclear Regulatory Commission OfHce of the General Counsel Washington, D.C. 20555 Telephone Number: (301) 492-7453 Admissions: Supreme Court of Texas U.S. Court of Appeals in the District of Columbia The Supreme Court of the United States Names of Party NRC Staff Respectfully submitted, Colleen P. Woodhead \

Counsel for NRC Staff Dated at Bethesda, Maryland this 14th day of May,1987

O i D0LKEIEL U'MC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 87 tiAY 20 P1 :51 EEF' ORE Tile ATOMIC SAFETY AND LICENSINO APPSAL BOARD: Ae'i outnugg>VtCl In the Matter of )

- U.S. ECOLOGY, INC. ) Docket No. 27-39-5 -

)

(Sheffield, Illinois Low-Level .)

Radioactive Waste Disposal Site) )

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF MOTION TO HOLD IN ABEYANCE FURTHER BRIEFING OF THE APPEAL IN THIS PROCEEDING" and " NOTICE OF APPEARANCE" for Colleen P. Woodhead in the above-captioned proceeding have been served on the following by deposit in the United States mail first class, or as indicated by (*) deposit in the Nuclear Regulatory Commission's internal mail system, or by

(**) hand delivery, or by (***) telecopy this 14th day of May,1987:

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 Regulatory Commission Princeton, IL 61356 Washington, D.C. 20555*

Jerry R. Kline Henry L. Henderson, Esq.*

Administrative Judge Asst. Attorney General Atomic Safety and Licensing Board Environmental Control Division U.S. Nuclear Regulatory Commission 13th Floor Washington, D.C. 20555* 100 West Randolph Street Chicago, IL 60601 4 Dr. Emmeth A. Leubke John M. Cannon, Esq.

! Administrative Judge Mid-America Legal Foundation Atomic Safety and Licensing Board Suite 842 U.S. Nuclear Regulatory Commission 20 North Wacker Drive Washington, D.C. 20555' Chicago, IL 60606 Docketing and Service Section Robert Russell, Esq.

Office of the Secretary Johnson, Martin & Russell i U.S. Nuclear Regulatory Commission 10 Park Avenue West

! Washington, D.C. 20555* Princeton, IL 61356 l D. J. McRae, Esq. Susan B. Harmon, Esq.

217 West Second Street Burke, Bosselman and Weaver l Kewaunee, IL 61443 Xerox Centre - 55 West Monroe Chicago, IL 60603 i

i i

-4 1 Mark J. Wetterhahn, Esq."* Mr. Charles F. Eason, Esq.

Robert Rader, Esq. American Ecology, Inc.

Conner and Wetterhahn Director for Governmental Affairs 1747 Pennsy'Ivinfa Avenue, N.Wi 1700 N. Moore Street Suite 1050 Suite 1925 Washington, 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 Atomic Safety and Licensing Terry Lanh Appeal Board Panel Director, Dept. of Nuclear Safety U.S. Nuclear Regulatory Commission 1035 Outer Park Drive Washington, D.C. 20555 " Springneld, IL 62704 Chief Legal Counsel Marc Bernabel, Esq.

Department of Nuclear Safety State's Attorney 1035 Outer Park Drive Ofnce of the State's Attorney Springneld. IL 62704 Bureau County Courthouse

,, Princeton, IL 61356

• &  ?,

Colleen P. Woodhead Counsel for NRC Staff