ML20236E776

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

ML20236E776
Person / Time
Site:	02700039
Issue date:	07/15/1987
From:	Thompson H NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	ILLINOIS, STATE OF, NRC OFFICE OF THE GENERAL COUNSEL (OGC), U.S. ECOLOGY, INC. (FORMERLY NUCLEAR ENGINEERING
References
CON-#387-4119 SC, NUDOCS 8708030085
Download: ML20236E776 (4)

Text

r d//?

' DOCKET t!UTtBER PROD. ?> U7f..d, L PAC...g 7~((b l 7

fy

/ \ UNITED STATES NUCLEAR REGULATORY COMMISSION 09 y

[ j  : ,' 1 W f WASHINGTON. O. C. 20555 l

-ss' \d$.$/e/

...- JIN.15 G87 '87 Jll 28 P 154 UNITED STATES OF AMERICA m NUCLEAR REGULATORY COMMISSION ,

i In the Matter of ) i

) i US ECCLOGY, INC. I l

) License Nc. 13-10042-01 (Sheffield, Illinois, Low-Level )

Radioactive Waste Disposal Site) )

-._ )

4 l

ORDER

~

On March 8, 1979, Nuclear Engineering Company, ..c. (NECO), a Commission licensee under License No. 13-10042 01, notified the Nuclear Regulatory Commission (NRC) that effective that same date, it woulo terminate its license for all activities at the Sheffield, Illinois, Low-Level Radioactive Waste Dispcsal Site. On March 9,1979, the Director of the NRC's Office of Nuclear j 1

Material Safety and Safeguards r.otified NECO that NEC0 lacked the autherity to l unilaterally terminate its license and directed NEC0 to take all necessary I action to assure that the health and safety of the public are adequately )

protected at the site. On March 20, 1979, NRC supplemented the March 9 Order by ordering NECO to show cause why it should not resume its responsibilities.and l obligatiers under License No. 13-10042 01 at the Sheffield, Illinois, site.  !

Since that time, the NRC, the State of Illimis, and NEC0 (presently known a3  !

l US Ecology) have been involved in the Atomic Safety and Licensing Board and Appeal Panel proceedings related to the March 20, 1979 Order. I i

1 h 070 on5j3 ggge, 13So 7 t _ ___ .

I

(

i

)

i On May 14, 1987, the Nuclear Regulatory Comission and the State of Illinois entered into an agreement for discontinuance by the Commission and assumption by the State of certain regulatory authority, effective June 1, 1987 (noticed in the Federal Reaister on June 16, 1987 (52 FR 22864)). fnus, effective June 1, regulatory jurisdiction over the Sheffield site was transferred from the l Commission to Illinois. In light of the transfer of regulatory jurisdiction, the staff advised the Atomic Safety and Licensing Appeal Panel that it would withdraw the staff's March 20, 1979 show cause Order. Therefore, the Appeal Board, on June 16, 1987, vacated the two Licensing Board orders under appeal l and terminated the proceeding. .

Accordingly, due to lack of jurisdiction and in view of the above, the show l cause Order of March 20, 1979 is hereby withdrawr.

I FOR THE U.S. NUCLEAR REGULATORY COMhlSSION 1

1 l

l uh 4chhnis

. Thcmpson, Jrf', Dire Of i e of Nuclear Materia S fety l

and Scfeguards l Dated et Silver Spring, Maryland, thisi5th day of July, 1987, 1

l

l 3

Copies sent to:

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 Atcmic 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 Dr. Emmeth A. Leubke John M. Cannon, Esq.

Administrative Judge Mid America Legal Foundation Atomic Safety and Licensing Board Saite 842 ~

U.S. Nuclear Regulatory Comission 20 North Wacker Drive Washington, D.C. 20555 Chicago, IL 60501  ;

1 Docketing and Service Section Robert Russell, Esq.

Johnson, Martin & Russell Office of the Secretary U.S. Nuclear Regulatory Comission 10 Park Avenue West Washington, D.C. 20555 Princeton, IL 61356 D. J. McRae, Esq Susan B. Harmon, Esq.

?.17 West Second Street Burke, Bosselman and Weaver Kewaunee, IL 61443 Chicago, IL 60603 Mark J. Wetterhahn, Esq Mr. Charles F. Eason, Esq.

Robert Rader, Esq. American Ecology, Inc.

Conner and Wetterhahn Director for Governmental Affairs 1747 Pennsylvania Avenue, N.W. 1700 N. Moore Street Suite 1050 Suite 1925 Washington, D.C. 20006 Arlington, VA 22209 R. Lae Armoruster, Esq. Atomic Safety and Licensing General Counsel Board Panel U.S. Ecology, Inc. U.S. Nuclear Regulatory Commission P.O. Bu. 7.16 Washi.igton, D.C. 20555*

Louisvi ie, KY 40207 Atomic Safety and Licensing Terry Lash Appeal Board Panel Director, Dept. of Nuclear Safety U.S. Nuclear Regulatory Commission 1035 Outer Park Drive Washington, D.C. 20555 Springfield, IL 62704

)

4 l

I

(

4 l Chief Legal Counsel Marc Bernabei, Esq.

Department of Nuclear Safety State's Attorney 1035 Outer Park Drive Office of the State's Attorney  !

Springfield Bureau County Courthouse l Princeton, IL 61356  !

Alan S. Rosenthal, Esq., Chairman Howard A. Wilber Atomic Safety and Licensing Appeal Atomic Safety and Licensing Appeal j Board Panel Board Panel  ;

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission l Washington, D.C. 20555 Washington, D.C. 20555 '

Thomas S. Moore, Esq.

Atemic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Comission ,

j Washington, D.C. 20555 I

9