ML20215K620

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Forwards Bmi Claim Filed to Establish That Radioactive Releases at Maxey Flats,Ky Low Level Waste Site Should Be Covered by Price Anderson Act.B Fonner Noted That Nonradiological Hazards of Wastes Would Not Be Covered
ML20215K620
Person / Time
Issue date: 02/10/1987
From: Dragonette K
NRC
To: Dunkleman M, Knapp M, Starmer R
NRC
Shared Package
ML20215G205 List:
References
FOIA-87-235 NUDOCS 8706250396
Download: ML20215K620 (1)


Text

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e FEB 101867 Maxey Flats File No 20t.S NOTE TO:~ Mal Knapr John Starmer Maxine Dunklemanvr Kathy Schneider, OSP KittyDragonetteh FROM:

SUBJECT:

Price Anderson 'J1 aims for EPA Superfund Activities at Maxey Flats Enclosed is a copy :.f a claim filed to establish that radioactive releases at the Maxe, Flats, Kentucky 1r.w level waste site chcaid be covered by Price Anderson.

The enclsed claim is by Battelle.

General Dynamics has filed a similar claim.

OGC has the lead to respond to both claim letters.

According to Bob Fonner, this strategy is based on the fact that activities and liabilities associated with byproduct, source, and special nuclear materials covered by Price Anderson are exempt under Superfund.

Such claims could lead to litigation of the issue before EPA could collect.

Fonner noted that the nonradicalgical hazards of the wastes and releases would not be covered by Price Anderson in any case so that the claims addresa only part of the liability.

Fonner also indicated that NMSS involvement on what constitutes an " incident" might be needed at some future time but for now, the claims are strictly legal matters.

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