ML20217G292
| ML20217G292 | |
| Person / Time | |
|---|---|
| Issue date: | 06/11/1997 |
| From: | Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM) |
| To: | Mcgaffigan E NRC COMMISSION (OCM) |
| References | |
| COMEXM-97-002, COMEXM-97-2, NUDOCS 9708070162 | |
| Download: ML20217G292 (2) | |
Text
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-UNITED STATES g
NUCLEAR REGULATORY COMMISSION
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g coMEXM-97-002 W ASHIN GT ON, D.C. 205%
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.3 I approve option 2.
OFFICE OF THE COMMISSIONE R May 28, 1997 Shirley / Ann JacXson 6/p /97 MEMORANDUM T0:
M airman Jackson RELEASED TO THE POR -
Commissioner Rogers-Commissioner Dicus 9))f//W k
l Comissioner Diaz FROM:
Edward McGaffigan, Jr. '.,k '.i >'
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SUBJECT:
NRC ACTION WITH REGARD TO WARD VALLEY LOW LEVEL WASTE (LLW)
DISPOSAL SITE In recent seaarate meetings with Carl Lischeske. Manager of the Low Level Radioactive 4aste Program for the California Department of Health, and the NMSS staff. I was made aware of a " Fact Sheet" related to the proposed Ward Valley LLW disposal' site that was published by the U.S. De)artment of the Interior (COI) and of an informal recuest from Mr. Lischesce that the NRC seek to become a " cooperating agency"! witi regard to DOI's preparation of a second Supplemental Environmental Impact Statement (SEIS)-on Ward Valley.
One basis for the recuest from Mr. Lischeske is that many of the issues that DOI proposes to readcress in its second SEIS involve technical radiological matters particularly within the scope of NRC's special expertise and outside DOI's areas of expertise.
Illustrative of 001's lack of expertise is 001's
" Fact Sheet" (copy _ attached) which, according to the NMSS staff, is rife with errors and misleading statements, is critical of current law and NRC definitions of low level waste, and needs to be corrected.
To an extent. I have explored with the NMSS staff the issue of a more active role for the NRC in the ongoing DOI work on '..'ard -Valley.
From these discussions. I believe that there are several approaches that might reasonably be considered to lend NRC's assistance and expertise to the efforts to resolve the technical and environmental issues on Ward Valley that DOI seems intent on pursuing.
Specifically, we might ask the staff to --
(1) AssesstheDOI"FactSheet"andsendalettertop01correctingthe errors in the " Fact Sheet" and offering to assist DOI. within NRC's Under CEO regulations, a " cooperating agency" is "any Federal agency 1
other than a lead agency which has jurisdiction by law or special expertise with res)ect to any environmental impact involved in a proposal... for
. major Federal action significantly affecting the quality of the human environment." 40 CFR 1508.5.
An agency may be designated as a " cooperating agency" upon the request of the lead agency. 40 CFR 1501.6.
The NMSS staff noted that DOI has informally indicated in the past that 2
t it would not seek NRC's assistance.
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s Chairman Jackson's Comments on COMEXM-97-002 I approve option (2) of COMEXM-97-002. It stays within the guidance issued in the SRM on DSI-5 to only perform LLW work that is required by legislature and it also will provide an official and public notification to the Department of the Interior of NRC's intent to carry out its legislated obligations under 40 CFR 1503.2.