MINUTES
(approved January 22, 2003)
CENTRAL INTERSTATE LLRW COMMISSION
SPECIAL
TELEPHONE MEETING
WEDNESDAY, October 23, 2002, 1:00 P.M.
In compliance with Commission Bylaws and Rules, a meeting notice
announcing the date, time, location and agenda availability was mailed to the
interested parties on October 9, 2002.
An Emergency Telephone Meeting of the Central Interstate LLRW Commission was held Wednesday, October 23, 2002, for the purpose of taking action on seven export applications and Nebraska's Agreement State Status - NRC Alternative.
Participating in the meeting via telephone were: Laura
Gilson, Arkansas Commissioner; Jim O’Connell, Kansas Commissioner; Ron
Hammerschmidt, Kansas Alternate Commissioner; Michael Henry, Louisiana
Commissioner; and Catherine Sharp, Oklahoma Commissioner and Commission
Chairperson; John DeOld, US Ecology
Consultant; John Etheridge, Entergy; Bill Neal and Steve Bruckner, OPPD; Warren
Wood and Harry Morrill, Wolf Creek Nuclear Operating Corporation; Don Womeldorf
and Steve Kowalewski, SW Compact Commission; and Kathryn Haynes, SE Compact
Commission.
Present in the Commission office, 1033 ‘O’ Street, Suite
530, Lincoln, Nebraska, were: Rita Houskie, Commission Administrator; and Terry
Davis, Commission Secretary; Greg Hayden, Nebraska Commissioner; Alan Peterson,
Commission Counsel; Lauren Hill,
Governor's Policy Research Office; Carla Felix, NDEQ; and John Wittenborn,
State Of Nebraska Counsel.
The meeting was called to order at approximately 1:00 p.m.
and all Commissioners responded to the roll call. No requests by members of the public were made to speak during
the general public comment period.
The Chair asked for a motion to approve the federal export
application.
Motion (Resolution
1) by Louisiana, second by Arkansas, to approve the Federal
Application to Export Waste for the NE/Western IA HealthCare Systems, Dept. of
Veterans Affairs, 2002-2003 (NE)
Motion passed 4-0-1 (Nebraska abstaining).
The Chair asked for a motion to approve the five non-federal
export applications.
Motion (Resolution
2) by Kansas, second by Louisiana, to approve the Application to
Export Waste for:
1.
Bayer CorpScience, 2002-2003 (KS)
2.
ChemSyn Science Laboratories, 2002-2003 (KS)
3.
The Osler Clinic, 2002-2003 (OK)
4.
University of Kansas Medical Center, 2002-2003 (KS)
5. University
of Louisiana at Monroe, 2002-2003 (LA)
Motion passed 5-0.
The Chair asked for a motion to approve the major generator
export application.
Motion (Resolution 3) by Kansas, second by Louisiana, to approve
the Major Generator Application to Export Waste for Kerr-McGee Chemical LLC,
2002-2003 (OK)
Motion passed 5-0
The Chair asked for a motion to approve the Nebraska's Agreement State Status
- NRC Alternative resolution as written:
Motion (Resolution
4) by Kansas, second by Louisiana, to approve the Nebraska's
Agreement State Status - NRC Alternative resolution as written.
RESOLUTION (amended)
Whereas, Nebraska is an Agreement State with
regard to low-level radioactive waste, pursuant to Title 42 U.S. Code section
2021; and
Whereas, federal law, in Title 42 U.S.
Code section 2021(j) provides for termination or suspension of all or part of
the Nuclear Regulatory Commission's agreement with such Agreement States,
either on the initiative of the Nuclear Regulatory Commission or upon the
request of the Governor of an Agreement State; and
Whereas, after a lengthy trial in the
United States District Court for the District of Nebraska, it has been found
that Nebraska has exercised its Agreement State regulatory powers with respect
to a low-level waste disposal site in violation of its obligation of good
faith, and particularly in making its license decision upon grounds determined
politically rather than scientifically;
IT IS HEREBY RESOLVED that the
Central Interstate Low-level Waste Commission should formally ask Nebraska to
make the Request through its Governor, as permitted in Title 42 U.S. Code
section 2021(j)(1), that the Nuclear Regulatory Commission terminate the
Agreement with Nebraska insofar as it governs the regulation and licensing of
disposal of low-level radioactive waste, including the licensing and regulation
of any disposal facility located or to be located within the State of Nebraska
by the Central Interstate Low-level Waste Commission pursuant to the Compact of
its member states; and
Further, that the Chairperson of the
Central Interstate Low-level Radioactive Waste Commission implement this
resolution by preparing an appropriate request letter to the Governor of the
State of Nebraska so requesting such voluntary agreement to cede the above
described authority back to the Nuclear Regulatory Commission, and send it not
later than November 1, 2002, with a copy to be sent to the Untied States
Nuclear Regulatory Commission; and
Further, if such request is refused or
not agreed to in writing received by the Commission at its office in Lincoln,
Nebraska, by December 31, 2002 at the close of business, that the Central
Interstate Low-level Waste Commission place upon its agenda for consideration
at its January, 2003 meeting, the question of whether to request the Nuclear
Regulatory Commission to revoke or suspend the Agreement State status of
Nebraska to the degree described above, after reasonable notice and opportunity
for hearing, pursuant to the authority of that Commission as described in Title
42 U.S. Code section 2021(j)(1). A copy of the federal laws referred to in this
Resolution is attached for reference and clarity.
The Chair asked for Outside Legal Counsel to provide some
background before commencing the discussion of the Resolution.
The Nebraska
Commissioner offered a substitute motion:
Whereas, the Judge had an opportunity to consider the elaborate legal
scenario recommended by the Compact Commission attorneys, and he said it made
no sense, and the generators who were expected to fund the scheme agreed;
Whereas, the land for the facility is not needed;
Whereas, the Compact Commission continues to make payments for the land
owned by US Ecology;
Whereas, the major generators have stated that they do not want to
continue funding the process for a license in Nebraska;
Whereas, the developer, US Ecology, continues to be in miserable financial
condition and fails to meet numerous required financial assurance criteria;
Whereas, there are questions about the hydrology of the site; and
Whereas, the Commission has not had an opportunity to discuss the future
actions given the court decision;
Therefore let it be resolved, that the Commission not act on any
resolution regarding action or policy until after discussion of alternatives at
the Commission's January 2003 meeting.
Further, the discussion should specifically include: one, the sale of the
land in Boyd County; two, the financial condition of American Ecology
Corporation; three, the hydro-geology of the site; four, how the Commission
activities are to be financed if the generators balk; five, whether a study
should be completed with regard to assured storage as an alternative; six,
whether the developer, US Ecology, should be replaced; seven, whether a new
site selection and licensing process should be started; eight, the advantages
and disadvantages of the approach suggested by Commission counsel; and, nine,
whether attempts to site a facility should be shut down as has been done by
other compacts.
The motion died
for lack of a second.
The Chair asked for any
public comment on the Resolution.
Counsel for the State of Nebraska responded by saying that the state
does not agree with the Court's finding of "bad faith" and that the
state intends to appeal the Court's decision. Counsel indicated that he would
be surprised if the state would act favorably on the Commission's Resolution.
Motion passed 4-1
Motion by Arkansas, second by Kansas, to adjourn the meeting.
Motion passed 5-0.
The meeting was adjourned at approximately 1:51 p.m.
