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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20236E7761987-07-15015 July 1987 Order.* Withdraws 790320 Order to Show Cause Why Licensee Should Not Resume Responsibilities & Obligations Under License 13-10042-01 at Radioactive Waste Disposal Site Due to 870514 Agreement W/State of Il ML20215J9641987-06-16016 June 1987 Memorandum & Order.* Two Orders Subj to Appeal Vacated,Based on NRC Agreement W/State of Il That Regulatory Jurisdiction Over Sheffield Site Transferred from NRC to State Effective on 870601 & Proceeding Terminated.Served on 870617 ML20214N1151987-05-28028 May 1987 NRC Staff Motion to Terminate Proceeding on Appeal & to Vacate Licensing Board Decisions;Nrc Staff Response to Us Ecology Motion to Vacate.* Appeal Board Should Deny Us Ecology Motion.W/Notice of Appearance & Certificate of Svc ML20214G3631987-05-18018 May 1987 Order Granting Staff Motion to Hold in Abeyance Further Briefing of Appeal in Proceeding.Staff to File Motion to Terminate Proceeding within 10 Days of Signing of Agreement Between NRC & State of Il.Served on 870519 ML20214G4171987-05-14014 May 1987 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 ML20210B7671987-04-29029 April 1987 Order.* Denies Us Ecology Motion for Sanctions & Other Relief.State of Il Brief to Be Filed & Served by 870515 & NRC Brief to Be Filed & Served by 870526.Served on 870430 ML20215K9001987-04-24024 April 1987 NRC Staff Response to Motion by Us Ecology for Sanctions & Other Relief.* Response Opposing Us Ecology 870421 Motion to Strike State of Il as Party to Appeal for Sanctions & Other Relief.Certificate of Svc & Notice of Appearance Encl ML20209E8751987-04-24024 April 1987 NRC Staff Response to Motion by Us Ecology for Sanctions & Other Relief.* Corrected Response Opposes Motion to Dismiss State of Il as Party to Appeal.Notice of Appearance & Certificate of Svc Encl ML20207A2591987-04-22022 April 1987 Order Requiring State of Il & NRC Responses to Motion by Us Ecology for Sanction & Other Relief to Be Placed in Mail No Later than Friday,870424 in Order to Ensure Receipt of Responses by 870427.Served on 870423 ML20204B6161987-03-18018 March 1987 NRC Staff Response in Opposition to Us Ecology Motion to Modify Time for Filing Briefs in Opposition to Appeal of Us Ecology.* Us Ecology Has Not Shown Any Reason for Departure from Normal Appeal Proceeding.Certificate of Svc Encl ML20207S6031987-03-17017 March 1987 Reconstitution of Aslab.* as Rosenthal,Chairman & TS Moore & Ha Wilber,Members.Served on 870318 ML20212P1831987-03-10010 March 1987 Memorandum & Order (Clarifying Finalty of Decision).* Us Ecology,Inc 870309 Motion That Board Clarify 870220 Memorandum & Order Denying Us Ecology,Inc Motion for Summary Disposition Granted & Proceeding Dismissed.Served on 870312 ML20212N4501987-03-10010 March 1987 Notice of Hearing (Postponement).* Evidentiary Hearing Re Us Ecology,Inc,Sheffield,Il Low Level Radwaste Disposal Site Originally Scheduled for 870324-27 & 0330-0403 in Chicago,Il Indefinitely Postponed.Served on 870311 ML20212K3421987-03-0505 March 1987 Notice of Hearing.* Evidentiary Hearings Will Be Held on 870324-27 & 0330-0403 in Chicago,Il.Served on 870305 ML20212D1691987-02-20020 February 1987 Memorandum & Order.* Us Ecology,Inc Motion for Summary Disposition Denied.Parties Directed to File Prefiled Testimony & Proposed Findings of Fact & Conclusion of Law to Be Received by Board by 870316.Served on 870224 ML20214C8231986-11-18018 November 1986 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 ML20211K3831986-11-10010 November 1986 Response to Us Ecology,Inc Statement of Matl Facts as to Which No Genuine Issue to Be Heard.Nrc Staff Does Not Contest Authenticity of NRC Documents Offered as Exhibits. Related Documentation & Certificate of Svc Encl ML20211K3331986-11-10010 November 1986 Response Opposing Us Ecology,Inc 861014 Motion for Summary Disposition on Issues of Law Raised Re Possession & License Termination.Licensee Possesses Matl Buried at Site & Lacks Right to Terminate License.Certificate of Svc Encl ML20215H1201986-10-20020 October 1986 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 ML20214Q9301986-09-24024 September 1986 Order Granting Us Ecology,Inc & State of Il 860924 Joint Motion for Extension for Filing Summary Disposition Motions Until 861013 for Us Ecology & 861110 for NRC & State of Il. NRC Raised No Objections.Served on 860925 ML20212M7021986-08-22022 August 1986 Order Directing Parties to Make Effort to Settle All Issues by Negotiation.Due to Length of Time That Proceeding Pending,Aslb Intends to Move Expeditiously to Hearing in Dec.Served on 860826 ML20212M6721986-08-19019 August 1986 Transcript of 860819 Prehearing Conference in Rosemont,Il Re License for Low Level Waste Disposal Site in Sheffield,Il. Pp 1-86 ML20212B0021986-08-0101 August 1986 Memorandum Listing Factual Matters to Be Addressed by Parties at 860819 Prehearing Conference Re Sheffield,Il Low Level Radwaste Disposal Site.Served on 860804 ML20207B5631986-07-14014 July 1986 Order for Prehearing Conference to Commence on 860819,per RM Rader .Served on 860715 ML20211F8371986-06-13013 June 1986 Orders All Parties to Notify Board When State of Il Established Agreement State Status W/Regard to State Regulation of Source & Byproduct Matls & Propose Three Alternate Dates for Prehearing Conference ML20154B8041986-02-27027 February 1986 Memorandum & Order Directing Parties to File Fourth Joint Rept on Status of Settlement Negotiations on or Before 860424,setting Forth Actions Taken Since Third Joint Rept & Describing Other Developments.Served on 860303 ML20128P0091985-05-29029 May 1985 Memorandum & Order Requiring Parties to Rept Jointly on Status of Settlement Negotiations by 850729.Served on 850531 ML20058G2901982-08-0202 August 1982 Order Granting NRC 820728 Motion to File Status Rept on Negotiations 10 Days After Repts Filed by Other Parties. Motion Consistent W/Commission Regulations ML20058E5731982-07-28028 July 1982 Motion for Order Permitting NRC to File Status Rept on Settlement Negotiations 10 Days After Other Parties File Repts.Certificate of Svc Encl ML20055A4071982-07-14014 July 1982 Order Granting NRC Motion to Continue Proceeding Until 821001 to Provide Addl Time to Permit Settlement Negotiations.Parties Requested to File Statements on Progress of Negotiations within 15 Days ML20151A7791980-11-0303 November 1980 Response to Util 801010 Interrogatories & Requests for Admissions & Production of Documents.Cites & Documents Instances of Noncompliances Noted in IE Insp Repts.Insp Correspondence,Affidavits & Certificate of Svc Encl ML20147C4861978-12-0101 December 1978 NRC Staff Opposes Nuc Engr Co Motion to Compel Filing of Environ Impact Statement Since ASLB Lacks Auth to Order Issuance.Delays Have Been Caused by Applicant & Not Staff & EIS Must Consider Alternative Sites,Cert of Svc Encl ML20148T2911978-11-15015 November 1978 Notice of Withdrawal of Appearance from Subj Proc Re Radioactive Waste Disposal Site.W/Encl Cert of Svc ML20150A9131978-10-0505 October 1978 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 ML20126M7821978-09-0505 September 1978 Memorandum & Order Re Nuclear Engineering Co Application for Renewal & Amend of License to Operate LLRW Waste Burial Site Near Sheffield Il.Motion to Disqualify Remick as Board Member Denied ML20127A2751978-03-31031 March 1978 Affidavit of Mj Bell in Support of Defendant NRC Motion to Dismiss 1987-07-15
[Table view] Category:ORDERS
MONTHYEARML20236E7761987-07-15015 July 1987 Order.* Withdraws 790320 Order to Show Cause Why Licensee Should Not Resume Responsibilities & Obligations Under License 13-10042-01 at Radioactive Waste Disposal Site Due to 870514 Agreement W/State of Il ML20215J9641987-06-16016 June 1987 Memorandum & Order.* Two Orders Subj to Appeal Vacated,Based on NRC Agreement W/State of Il That Regulatory Jurisdiction Over Sheffield Site Transferred from NRC to State Effective on 870601 & Proceeding Terminated.Served on 870617 ML20214G3631987-05-18018 May 1987 Order Granting Staff Motion to Hold in Abeyance Further Briefing of Appeal in Proceeding.Staff to File Motion to Terminate Proceeding within 10 Days of Signing of Agreement Between NRC & State of Il.Served on 870519 ML20210B7671987-04-29029 April 1987 Order.* Denies Us Ecology Motion for Sanctions & Other Relief.State of Il Brief to Be Filed & Served by 870515 & NRC Brief to Be Filed & Served by 870526.Served on 870430 ML20207A2591987-04-22022 April 1987 Order Requiring State of Il & NRC Responses to Motion by Us Ecology for Sanction & Other Relief to Be Placed in Mail No Later than Friday,870424 in Order to Ensure Receipt of Responses by 870427.Served on 870423 ML20212P1831987-03-10010 March 1987 Memorandum & Order (Clarifying Finalty of Decision).* Us Ecology,Inc 870309 Motion That Board Clarify 870220 Memorandum & Order Denying Us Ecology,Inc Motion for Summary Disposition Granted & Proceeding Dismissed.Served on 870312 ML20212D1691987-02-20020 February 1987 Memorandum & Order.* Us Ecology,Inc Motion for Summary Disposition Denied.Parties Directed to File Prefiled Testimony & Proposed Findings of Fact & Conclusion of Law to Be Received by Board by 870316.Served on 870224 ML20214Q9301986-09-24024 September 1986 Order Granting Us Ecology,Inc & State of Il 860924 Joint Motion for Extension for Filing Summary Disposition Motions Until 861013 for Us Ecology & 861110 for NRC & State of Il. NRC Raised No Objections.Served on 860925 ML20212M7021986-08-22022 August 1986 Order Directing Parties to Make Effort to Settle All Issues by Negotiation.Due to Length of Time That Proceeding Pending,Aslb Intends to Move Expeditiously to Hearing in Dec.Served on 860826 ML20207B5631986-07-14014 July 1986 Order for Prehearing Conference to Commence on 860819,per RM Rader .Served on 860715 ML20211F8371986-06-13013 June 1986 Orders All Parties to Notify Board When State of Il Established Agreement State Status W/Regard to State Regulation of Source & Byproduct Matls & Propose Three Alternate Dates for Prehearing Conference ML20154B8041986-02-27027 February 1986 Memorandum & Order Directing Parties to File Fourth Joint Rept on Status of Settlement Negotiations on or Before 860424,setting Forth Actions Taken Since Third Joint Rept & Describing Other Developments.Served on 860303 ML20128P0091985-05-29029 May 1985 Memorandum & Order Requiring Parties to Rept Jointly on Status of Settlement Negotiations by 850729.Served on 850531 ML20058G2901982-08-0202 August 1982 Order Granting NRC 820728 Motion to File Status Rept on Negotiations 10 Days After Repts Filed by Other Parties. Motion Consistent W/Commission Regulations ML20055A4071982-07-14014 July 1982 Order Granting NRC Motion to Continue Proceeding Until 821001 to Provide Addl Time to Permit Settlement Negotiations.Parties Requested to File Statements on Progress of Negotiations within 15 Days ML20126M7821978-09-0505 September 1978 Memorandum & Order Re Nuclear Engineering Co Application for Renewal & Amend of License to Operate LLRW Waste Burial Site Near Sheffield Il.Motion to Disqualify Remick as Board Member Denied 1987-07-15
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.5867 D0LMEiG UNITED STATES OF AMERICA !btiPC NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOAPd87 JUN 17 A10 :21-Administrative Judges: ,yr c 00 Chi. 6. .. WE Alan S. Rosenthal, Chairman June 16, 1987b Thomas S. Moore (ALAB-866)
Howard A. Wilber SERVED JUN 1719g7
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In the Matter of )
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US ECOLOGY, INC. ) Docket No. 27-39 SC
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(Sheffield, Illinois Low-Level )
Radioactive Waste Disposal Site))
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Mark J. Wetterhahn, Robert M. Rader, and Nils N.
Nichols, Washington, D.C., for US Ecology, Inc.
Neil F. Hartigan, Henry L. Henderson, H. Alfred Ryan, Gabriel M. Rodriguez, and Diane Rosenfeld Lopata, Chicago, Illinois, for the State of Illinois.
Ann P. Hodgdon and Robert M. Weisman for the Nuclear Regulatory Commission staff.
MEMORANDUM AND ORDER This show-cause proceeding involving the Sheffield, Illinois Low-Level Radioactive Waste Disposal Site is before us on the appeal of US Ecology, Inc., from two Licensing Board memoranda and orders. Last month, the Nuclear Regulatory Commission and the State of Illinois executed an agreement whereby, as no party to the proceeding disputes, 1
See LBP-87-5, 25 NRC (February 20, 1987); March 10, 1987 memorandum and order (unpublished).
See 52 Fed. Reg. 22,864 (1987).
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2 regulatory jurisdiction over the Sheffield site was transferred from the Commission to the State effective June 1, 1987.3 On full consideration of the views of US Ecology, ;
Illinois, and the NRC staff respecting the appropriate course in these circumstances, we vacate the two orders subject to the appeal and terminate the proceeding. United States v. Munsingwear, I n c ,._ , 340 U.S. 36, 39-41 (1950).4 In 3
In a February 20, 1987 written submission, US Ecology had requested the Commission to exclude Sheffield from the scope of its then-proposed agreement with Illinois pending the completion of the show-cause proceeding at bar. See Comments of US Ecology, Inc. to the Nuclear Regulatory Commission on the Notice of Proposed Agreement with the State of Illinois for the Assumption of Certain of the Commission's Regulatory Authority Pursuant to Section 274 of the Atomic Energy Act. In recent filings with us, US Ecology explicitly acknowledges that the Commission rejected that request. See US Ecology's Motion to Vacate the Order to Show cause of March 20, 1979 and All Resulting Adjudicatory Orders (May 20, 1987) at 3 n.6; US Ecology's Answer to NRC Staff Motion to Terminate Proceedings on Appeal and to Vacate Licensing Board's Decisions (June 2, 1987) at 2. Illinois and the NRC staff likewise have affirmatively represented to us that the agreement extends to Sheffield. See State of Illinois' Objections to Motions to Vacate Show Cause Order and Board Decisions (June 12, 1987) at 1-3; NRC Staff Motion to Terminate Proceeding on Appeal and to Vacate Licensing Board's Decisions, etc. (May 28, 1987) (hereafter "NRC Staff Motion") at 5.
It suffices to observe that there is no merit to Illinois's position that its agreement with the NRC strips us of jurisdiction to take any action other than to terminate the NRC show-cause proceeding. Illinois insists that, although the agreement brought that proceeding to an end, the orders rendered in it by the Licensing Board retain their vitality. This is said to be so because, according to Illinois, the agreement simply transferred the authority to review those orders from us to its Department of Nuclear (Footnote Continued)
3 this connection, it is our understanding that, in light of the agreement, the staff has withdrawn, or shortly will withdraw, its March 20, 1979 show-cause order directed to US Ecology.
J (Footnote Continued)
Safety. But Illinois has pointed to no agreement provision or other authority (and we have found none) that might possibly serve to support that proposition. More particularly, the agreement does not suggest that the Commission intended to clothe a state agency with the power to affirm, to reverse, or to modify orders issued by an NRC adjudicatory tribunal in a now-closed proceeding that had been instituted by the NRC and conducted under its Rules of Practice and other regulatory provisions. In the absence of a clear statement of such a seemingly novel purpose, one is not to be inferred. Accordingly, inasmuch as the agreement manifestly has the effect of depriving US Ecology of its pre-existing ability to obtain review within the NRC of the Licensing Board's orders, operative effect must be removed from those orders as an incident of the termination of the proceeding in which they were rendered. As Munsingwear teaches, this objective can be accomplished by simply vacating the orders.
It does not necessarily follow that Illinois is precluded from utilizing for any purposes the fruits of the NRC proceeding or from reaching the same result arrived at by the Licensing Board. Those are questions we neither need nor do consider here. Our action in vacating the challenged orders below means merely that Illinois cannot rely on them as representing the conclusions of this agency on the mattere in controversy. Rather, by reason of the NRC-Illinois agreement that brought about the termination of the show-cause proceeding while the orders remained on appeal, the NRC must be taken as having no current (or future) position on those matters.
See NRC Staff Motion at 10.
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l It is so ORDERED, FOR THE APPEAL BOARD G.. bmA C. J%3n Shbemaker _
Secretary to the Appeal Board i
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