ML20215H120

Memorandum Clarifying Board 860822 Memorandum & Order Establishing Schedule for Conduct of Negotiations for Case Settlement.Staff Will Request Extension Prior to 861118,if Necessary,For Review & Comment on Technical Exhibits

ML20215H120
Person / Time
Site:	02700039
Issue date:	10/20/1986
From:	Fonner R NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20215H124	List: ML20215H120
References
78-374-01-OT, 78-374-1-OT, SC, NUDOCS 8610210470
Download: ML20215H120 (3)

Text

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%- 10/20/86 UNITED STATES OF AEfERICA NUCLEAR REGULATORY COf.1f,1TSSION ATOMIC SAFETY AND LICENISTNG BOARD in the PIntter of )

U.S. ECOLOGY, !!!C. , ) Docket No. 27-39 SC

) ASLDP No. 78-374-01 OT

)

(Sheffield, Illinois Low Level )

Padioactive Vlaste Disposal Site) ) October 20, 1986 1

STAFF f1Ef!ORANDUf.1 TO THE BOARD in its memorandum and order of August 22, 1986, the Board established a schedule for the conduct of negotiations leading to settlement of the case.

The schedule was predicated upon reports of substantial progress by counsel for the State and U. .S. Ecology and was supported by the NEC staff, although the staff had not been party to the negotiations. The schedule established September 13 as the date by which the staff would receive a draft settlement agreement. On September 12 the staff received a draft document entitled " Settlement Agreement" from counsel for the State. This document is a broad outline of settlement, in appearance prepared for submittal to the Bureau County Circuit Court. Almost all technical matters of substance, however, are to be contained in 17 exhibits, none of which accompanied the document presented to the staff.

A meeting among the principal parties was scheduled for September 25, 1986. However, when it became apparent that the technical exhibits necessary for NRC staff review would not be available in time, that meeting 8610210470 861020 PDR ADOCK O2700039 C PDR !lj

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was canceled and rescheduled for October 7, 1986. Counsel for the State advised staff counsel that come, if not all, of the technical exhibits might be available by October 2nd, giving the staff a few days to review the technical aspect of the proposed settlement prior to the meeting. No technical exhibits were given to the staff, and on October 6, staff counsel was advised that there were ' still differences of significance between the State and U. S.

Ecology and that -these parties were not prepared ' to meet with the staff on the 7th as planned. No further meeting has been scheduled. Staff counsel understands that the State and U. S. Ecology plan to meet the week of October 20th to further negotiate their differences. The NRC staff continues to be excluded from this procese.

The schedule established in the Board's order allowed about 65 days after the staff receives settlement documentation (September 13 in the order) until the Board is to be either given a signed settlement agreement or advised of those issues that cannot be settled and on which a hearing is required (November 18 in the order). An important part of that schedule was the ten working days that the staff was given to review and comment on the technical documentation of the settlement. This schedule has already slipped one month, and with no immediate prospect of getting back on track.

The NEC staff will still need ten working days to review the technical exhibits. Assuming, optimistically, that those documents are received on or about October 27, the NRC staff would not be able to respond before

• November 7,1986, leaving only five working days in which to reconcile any differences between the staff and the other parties if the November 18 date is to be met.

Under these circumstances, the NRC staff will request an extension of time before Hovember 18, if it becomes necessary to do so in order to meet its obligation to review the technical exhibits , comment on them , .and negotiate out any differences with the State and U. S. Ecology. It cannot allow the failure of other parties to adhere to the schedule to force a hasty staff negotiation and a[rreement.

For the further information of the Board the State of Illinois filed its formal application for Agreement State status on October 2,1986. Execution of the Agreement is expected in January, 1987. A copy of the Governor's letter is attached.

Respectfully submitted, Robert L. Fonner Counsel for NRC Staff Dated at Bethesda, f.iaryland this 20th day of October 1986

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