MINUTES
(approved June 25, 2003)
CENTRAL INTERSTATE LLRW
COMMISSION
SPECIAL MEETING
THURSDAY, APRIL 10, 2003, 9:00 A.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 March
27, 2003.
A Special Meeting of the
Central Interstate LLRW Commission was held Thursday, April 10, 2003, for the
purpose of taking necessary action on Export Applications, Rule 23 (evidentiary
submissions), and all other business to come before the Commission.
The Chair called the meeting
to order at approximately 9:15 a.m. and roll was called. Responding to the roll
call were: Arkansas Commissioner, Laura Gilson; Kansas Commissioner, James J.
O’Connell; Louisiana Commissioner, Michael Henry; Nebraska Commissioner, Greg
Hayden; and, Oklahoma Commissioner and Commission Chair, Catherine Sharp.
Also
present were Administrator, Rita Houskie; Secretary, Terry Davis; and the court
reporter.
No members of the public
spoke during the general public comment period.
The Chair stated there was
only one Export Application to be considered for approval.
Motion (Resolution 9) by Kansas, second by Arkansas, to
approve the non-federal export application for University of Oklahoma, 2002-2003
(OK) pending receipt of appropriate fees
Motion
passed 5-0.
The Chair stated the next
item on the agenda was the Rule 23 Proceeding. The Chair asked Commission's
Outside Legal Counsel to lay the groundwork and explain how the proceeding
would work.
Commission's Counsel
presented an outline of the history and procedure for the Rule 23
Proceeding. Counsel also indicated that
should the Commission decide to revoke Nebraska's compact membership, a notice
of one year must be given to the State.
Counsel suggested that the Commission close the record of the proceeding
at a future date specific and to limit consideration to the body of evidence
presented in written documentation and oral presentations. Counsel recommended that the Commissioners
review the evidentiary submissions before the annual meeting, to be held in
June, and to discuss in open session at that meeting their findings.
Discussion followed
regarding a possible motion to close the record and to set a deadline for
receipt of evidence and public comments for consideration in the
proceeding. The Nebraska Commissioner
indicated a preference to wait for Nebraska's presentation before a motion to
close the record be made.
The Chair opened the floor
to the Nebraska Assistant Attorney General who then gave a brief description of
the content of the evidentiary submissions from the state. He gave a history of
the site licensing process and reasons for its denial. He indicated that the
State of Nebraska felt the Rule 23 Proceeding is not timely because of ongoing
litigation and because the licensing process is not complete. He stated that
Nebraska feels it has met its obligations in the license review process and the
Compact, and explained why Nebraska felt sanctions with the possible revocation
of membership in the Compact would be an inappropriate action to take at this
time. Referring to Judge Kopf’s memorandum and order of March 8th,
1999, and the contested case hearing that is still pending, he suggested a
special master be delegated to assist the Commission with the review of the
evidence and its decision making process.
(Break from 10:25 a.m. to
10:50 a.m.)
Discussion of the
presentations and clarifying questions followed.
The Chair asked, pending a
motion to close the record, that the Commissioners come to the June Annual
Meeting prepared to discuss the matter and be able to bring the issue to a
close.
Motion by Kansas, second by Louisiana, that the record consist of those items detailed by legal counsel during
his presentation and to include Nebraska Assistant Attorney General's written
response to the outline presented by legal counsel that will be submitted to
the Commission on or before April 18, 2003.
The Rule 23
Proceeding Record
§
Governor Johanns
letter stating Nebraska’s Notice of Withdrawal.
§
Judge Kopf’s March 8
1999 Memorandum and Order.
§
Judge Kopf’s
September 30, 2002 Memorandum and Order.
§
Transcript of the
September 22, 1999, January 22, 2003, and April 10, 2003 meetings.
§
Resolutions on Rule
23 that have been passed by the Commission.
§
All items that the
Commission specified in Resolution of January 2003.
§
Comments of Counsel
at each meeting with regard to the matter of continuing or postponing the Rule
23 Proceeding.
§
Depositions from
“Bad Faith” Trial.
§
State of Nebraska’s
CD taped and written Submissions Of Evidence.
§
State of Nebraska’s
brief or argument that was submitted at April 10, 2003 meeting.
§
State of Nebraska’s
letter in response to Counsel’s comments at the April 10, 2003 meeting.
Motion
passed 5-0.
Motion by Arkansas, second by Kansas, that because
the record was closed April 18, 2003 public comment will be excluded with
respect to the Rule 23 and statutory action that we are considering and will
consider in June with respect to the
sanction or possible actions toward the State of Nebraska.
Motion passed
5-0.
Motion by Arkansas, second by Louisiana, to adjourn the meeting.
Motion
passed 5-0.
The meeting was adjourned at
approximately 11:25 a.m.
