MINUTES
(verified with meeting
transcript)
CENTRAL INTERSTATE LLRW COMMISSION
Mid-Year Meeting
Friday - February 24, 2006 - Little Rock,
In compliance with
Commission Bylaws and Rules, a meeting notice announcing the date, time,
location and agenda availability was mailed to the interested public on
February 10, 2006.
The Mid-Year Meeting of the
Central Interstate LLRW Commission was held Friday, February 24, 2006 in Little
Rock, Arkansas for the purpose of taking necessary action on reports, meeting
minutes, export applications, KPMG 2004 - 2005 Commission Audit, Low-Level
Waste Forum membership, Financial Consultant Contract for calendar year 2006,
disposition of the Settlement Proceeds and the former disposal site property,
and to take necessary action on all other business that came before the
Commission.
The Chair called the meeting
to order at approximately 9:10 a.m. and roll was called. Responding to the roll
call was: Oklahoma Commissioner, Catherine Sharp; Kansas Commissioner, Joe
Harkins;
Also present were Kansas
Alternate Commissioner, Ron Hammerschmidt; Arkansas Alternate Commissioner,
Bernie Bevill; Executive Consultant, James O'Connell; Outside Legal Counsels,
The Chair announced that the
Commissioner from
One member of the public
spoke during the public comment period.
The Chair introduced the
next agenda item and made a brief statement regarding the hiring of the
Executive Consultant and the issues for which he was hired to study. She asked
Mr. O'Connell to report to the Commission on his findings. Mr. O'Connell
offered his written report and before discussing the report requested that the
Commissioners consider an executive session to receive legal advice on two or
three items that implicated legal questions.
Motion by Oklahoma, second by Louisiana to go into
executive session until approximately 10:00 a.m. to discuss with Commission's
counsel the use and custody of rebate funds, bylaw changes, and general
procedure for adopting some of the changes that were recommended in the report
authored by the executive consultant. Amended to include the
Motion
passed 4-0
At approximately 10:50 a.m.
the Chair called the meeting back to order and announced that no actions were
taken while in executive session and asked the Executive Consultant to continue
with his report.
The Executive Consultant indicated
that the federal law placed the responsibility for the development of disposal
facilities on the states and the Compact talks in terms of the management of
low-level radioactive waste. Management, as defined in the statute, includes
storage, processing and disposal. He indicated that the nation's disposal
facility availability for Class A waste was in good shape for the foreseeable
future and disposal availability for Class B and C waste will end June 30,
2008. A license decision on the
Mr. O'Connell indicated that
he thought it would be prudent of the Commission to maintain the structure of
the entity and to not disband. He felt that a compact-like mechanism may be
needed in the future and given the reality of politics it would be difficult to
recreate it. Should the Commission decide to go to a minimal level of
operations development of a revised operating plan and administrative changes
would be recommended as outlined in his written report. Mr. O'Connell
recommended that the Commission retain sufficient funds from the proceeds of
the settlement with
Motion by
Motion
passed 4-0
Discussion took place among
the Commissioners regarding the revised operating plan suggested in Mr. O'Connell's
report. The Commissioners were in agreement to strike items 4 and 6 from the
operating plan. The Kansas Commissioner felt the plan to be a living document
that would allow some freedom and flexibility and offered the following:
Motion by
Motion
passed 4-0
The Commission received an
oral report from the Commission's Outside Legal Counsel.
The
The Chair introduced the
next agenda item regarding the instructions to U.S. Ecology regarding the
disposition of the disposal site property. The Louisiana Commissioner offered
the following motion to which the
Arkansas Commissioner gave it a second:
The Commission, having considered: (a)
options for disposition of the proposed site for a regional low-level
radioactive waste disposal facility in Boyd County, Nebraska; (b) the recent
appraiser's estimate of market value of the property; and (c) the interests of
the Village of Butte, it is hereby RESOLVED that U.S. Ecology, Inc., in its
capacity as legal title holder, be directed to transfer the title to the
property to the Village of Butte, subject to acceptance by the governing body
of the Village of Butte and the execution by and on behalf of the Village of
Butte of a release of and from any and all current or future claims it may
otherwise have asserted against U.S. Ecology, Inc., the Central Interstate
Compact, its member States or its Commissioners collectively or individually.
Discussion
ensued among the Commissioners. The Kansas Commission opposed the motion
expressing concern that the transfer of title to the Village might create many
more problems than it potentially solves and that the Commission should not connect
the land transfer to the Village's request for compensation.
Motion
passed 3-1 (
The
Commissioners discussed a completion time for the above motion and the Oklahoma
Commissioner moved that instructions
be given to the Executive Consultant to work with Legal Counsel to prepare an
appropriate document that would capture the essence of the Louisiana
Commissioner's motion deeding the property over to the Village of Butte in
exchange for a release of future claims and would include a time certain of 60
days from today for a response from the Village.
Motion
passed 3-1 (
The
Chair introduced the next agenda item relating to the disposition of the
remaining settlement funds received from the State of
The
Commissioner from
The
Chair called for a lunch break at 12:05 p.m.
The
meeting was called back to order at 1:40 p.m.
Before
continuing with the discussion on the settlement funds disposition the Chair
asked for additional clarification on the disposition of the site property. She
stated that if the Village rejected the agreement of the land as resolution of
their claim that U.S. Ecology should then be instructed to sell the property
with the proceeds being returned to the Commission resulting in the following:
Motion by Oklahoma, second by Louisiana to instruct U.S. Ecology to
start the process of marketing and selling the property and turn the money over
to the Compact Commission if after 60 days the Village of Butte has not
responded or did not accept the agreement.
Motion
passed 4-0
The
discussion on the settlement funds disposition continued. The Chair reiterated
her previously stated position on the retention of a portion of the remaining
funds. Discussion continued as to the amount to retain and the importance of an
annual needs review.
Motion by
The
Commissioners continued with discussion. An attorney representing the major
generators, Mr. Johnson, asked for a point of clarification. The resolution
adopted for the August 2005 disbursement of funds incorporated in the language
that it was not a final action by the Commission on the major generator claim.
Final actions of the Commission trigger a 60-day period in which an aggrieved
party may challenge the Commission's action. Mr. Johnson requested that the
same language be incorporated into the motion being discussed.
Motion
passes 4-0
The Commission received an
oral report from the Commission's Administrator.
Motion (Resolution 1) by Oklahoma, second by Louisiana to approve the meeting minutes for the June 29, 2005 meeting, July 14
& 15, 2005 meeting, July 20, 2005 meeting and the October 28, 2005 meeting.
Motion
passed 4-0
Motion (Resolution 2) by
Motion
passed 4-0
Motion (Resolution 3) by Louisiana, second by Arkansas to approve the federal export applications
for the Department of Veterans Affairs Medical Center for fiscal years
2004-2005 and 2005-2006.
Motion
passed 4-0
Motion (Resolution 4) by
Motion
passed 3-0-1 (Kansas abstaining)
Motion (Resolution 5) by Oklahoma, second by Louisiana to approve the membership in the LLW Forum
for calendar year 2006 and submit dues, thereafter, Commission's membership
dues will be included as a line item of the budget and continued membership
will be approved with the budget annually.
Motion
passed 4-0
Motion (Resolution 6) to approve
the financial consultant's contract for 6 months and revisit the issue at the
next meeting of the Commission.
Motion
passed 4-0
The Chair called on the
Executive Consultant. Mr. O'Connell stated that in his report in connection
with the retention of settlement proceeds funds it is suggested that the
Commission select some entity to manage those funds subject to an investment
policy adopted by the Commission. The Commissioners asks Mr. O'Connell to put
together a list of potential managers and a draft investment policy for
Commission's review at the June 2006 meeting.
The Commissioners discussed
the time and location of the next meeting. The next meeting is tentatively
scheduled for June 21, 2006 in
At approximately 2:42 p.m.,
the Commissioners went into Executive Session for the purpose of discussing
personnel matters and administrative review.
At approximately 3:10 p.m.
the Chair called the meeting back to order and stated that no actions were
taken during the Executive Session.
Motion by
Motion
passed by acclamation
The meeting was adjourned at
approximately 3:15 p.m.
