MINUTES

(Verified with meeting transcript)

CENTRAL INTERSTATE LLRW COMMISSION

ANNUAL MEETING

JUNE 21, 2006, WEDNESDAY, 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 public May 22,  2006.

The Annual Meeting of the Central Interstate LLRW Commission was held Wednesday, June 21, 2006, to take necessary action on reports, meeting minutes, export applications, export fee schedule (Rule 1), meeting requirements (By-Laws), financial consultant contract, commissioner expenses, restrictions of retained settlement funds, deferred siting, office logistics, administrative budget, election of Chairman for fiscal year 2006-2007, and all other business to come before the Commission.

The Chair called the meeting to order at approximately 9:05 a.m. and roll was called. Responding to the roll call was: Oklahoma Commissioner, Catherine Sharp; Kansas Alternate Commissioner, Ron Hammerschmidt; Louisiana Commissioner, Thomas Bickham; and Arkansas Commissioner and Chair, Laura Gilson.

Also present were Arkansas Alternate Commissioner, Bernie Bevill; Administrator, Rita Houskie; Secretary, Terry Davis, the court reporter, and interested members of the public.

No members of the public spoke during the public comment period.

Motion (Resolution 1) by Oklahoma, second by Kansas to approve the February 24, 2006 mid-year meeting minutes.

Motion passed 4-0

Motion (Resolution 1) by Oklahoma, second by Louisiana to approve the May 11, 2006 emergency teleconference meeting minutes

Motion passed 4-0

The Chair introduced the next agenda item. She indicated that Mr. Kuzelka, the financial consultant to the Commission for many years, had agreed to reduce the number of contracted hours by half.

Motion (Resolution 2) by Kansas, second by Louisiana, to approve the amended consulting agreement that has been modified for the fiscal year 2006-2007.

Motion passed 4-0

The Commission received an oral report from the Commission Administrator. The Administrator reported that an additional $10 million had been disbursed to the six major generators. Ms. Houskie also reported on the activities of the Low Level Waste Forum and the status of the Waste Control Specialists license application to the Texas Commission on Environmental Quality. The Administrator responded to questions from the Commissioners.

The Commission received an oral report from Outside Legal Counsel. Legal Counsel reported that the Village of Butte had accepted the Commission’s offer to give them the land (formerly the Butte Disposal Site property) and release all raised claims against the Commission. Mr. Renner stated that it was major generator funds that had purchased the land and communication with the major generators had produced no objections to the land transfer. Mr. Renner also reported on the lawsuit filed by the major generators and the time frame in which the litigation might proceed.

The Chair introduced the next agenda item that dealt with export applications. The Chair asked for more information on the non-federal generator export application that had not been received in the Executive Office in time to be placed on the agenda. The Administrator indicated that the waste from this generator had made it all the way to EnergySolutions (formerly Envirocare) before the situation of no export authorization had been caught, and that it would serve the Commission well to allow action on this application to avoid the need for an emergency meeting. There were no objections to the addition of the generator’s application from the Commissioners.

Motion (Resolution 3) by Kansas, second by Louisiana to approve the federal export application for the U.S. EPA Region 6 Hurricane Katrina Cleanup.

Motion passed 4-0

Motion (Resolution 4) by Louisiana, second by Kansas to approve the non-federal export applications, pending receipt of original application and fees, for Graphic Packaging International, Regional Radiation Consultants, and Terrebonne General Medical Center.

Motion passed 4-0

The next item on the agenda was introduced with a statement by the Chair. She indicated that discussions and actions had been taken at previous meetings on the future direction of the Commission and that the following prepared Resolution formalized those issues. The Oklahoma Commissioner moved (Resolution 5) to adopt the Resolution as written and the Louisiana Commissioner gave it a second.

RESOLUTION

Restatement of deferred pursuit of development of a disposal facility

WHEREAS the Central Interstate Compact Commission (the “Commission”) has the continuing statutory obligation and authority pursuant to Federal law to manage the disposal of low-level radioactive waste generated within the compact member states; and

WHEREAS in furtherance of such obligation the Commission pursued in good faith the licensing of a disposal facility for its low level radioactive waste to be sited in its member-state Nebraska. Ultimately the license application was denied and questions surrounding the application were addressed through federal litigation. The Commission prevailed in the lawsuit and was awarded the costs associated with its lengthy effort to obtain a license, as well as the pre and post judgment interest on those costs; and

WHEREAS member-state Nebraska has withdrawn from the Central Interstate Compact, leaving four (4) remaining member-states respectively Arkansas, Kansas, Louisiana and Oklahoma (hereafter the “Compact Region”); and

WHEREAS the Commission has reviewed its responsibilities, obligations and alternatives under the Compact, consulted with and surveyed both the major generators of low-level wastes within the Compact Region as well as the small generators, and has determined that:

1) The total volume of low-level wastes generated in the Compact Region has significantly decreased due to the completion of decommissioning activities, various compaction techniques and a reduction in use of radioactive procedures,

2) Availability of commercial low-level radioactive waste disposal sites throughout the United States is a reasonable alternative to siting an in-Compact disposal facility at this time. Specifically, disposal sites for the Compact Region’s Class A wastes appear available in the current market for the next 15-20 years or more. A disposal site outside the Compact Region for Class B and C wastes remains available until at least June 30, 2008*,

3) A recent General Accounting Office’s report (June 2004 – GAO-04-604) determined that most generators can store small volumes of Class B and C waste on site without imposing health or safety risks,

4) The federal government is currently reviewing the Low-Level Radioactive Waste Policy Act of 1985, as amended and such review could alter the current obligations of the Commission,

5) The Compact Region’s generators currently do not support the renewal of licensing activity by the Compact for the reasons stated above; and

WHEAREAS the Commission will continue to meet its statutory obligations to manage the Compact’s waste, will remain alert to opportunities and alternatives for management

of its waste, and will maintain its readiness to respond to the needs of the generators of low-level radioactive waste within the Compact.

THEREFORE, IT IS HEREBY RESOLVED that the Commission will defer active efforts to site, develop or operate a disposal facility within the Compact Region until such time as it determines that the needs of the low-level radioactive waste generators in the Compact Region and the public’s interest, health and safety justify pursuit of such a facility.

*Barnwell, S.C. has indicated it will continue to receive waste until June 2008

Motion passed4-0

The agenda item relating to restrictions of the retained settlement funds was tabled to the next meeting in June 2007 due to ongoing litigation of said funds by agreement of the Commissioners.

Motion (Resolution 6) by Oklahoma, second by Kansas to adopt the proposed changes to Commission’s Rule 1 Export Fee Schedules for fiscal year 2006-2007.

Motion passed 4-0

The next item on the agenda referred to a change to Commission By-Law Article IV (E) (1) relating to required commission meetings. The Chair indicated that the change would reduce the required meetings to one a year, that being the annual meeting. The Oklahoma Commissioner questioned the definition of the term ‘meeting,’ asking if that meant ‘in-person.’ The Chair and Legal Counsel’s responses to her question were “yes.”

Motion (Resolution 7) by Oklahoma, second by Louisiana to adopt the proposed amendment to Article IV (E) (1) By-Laws as follows:

(E) Meetings of the Commission

(1) The Commission shall have an Annual Meeting once a year in the host state; meet once a year by invitation by a member state of the Compact, on a rotating basis; and shall also meet upon the call of the Chairman, by petition of a majority of the membership or upon the call of a host state member.

The Annual Meeting shall include:

(a) Review and approval of the Commission budget;

(b) Review of the project budget;

(c) Election of Officers.

The Kansas Commissioner expressed concern that the host state reference had only been stricken once. The Administrator explained that striking only the first host state reference leaves open the possible need for a host state should the compact environment change.

Motion passed 4-0

The Commissioners chose not to act on the agenda item regarding commissioner expense (Resolution 8).

Motion (Resolution 9) by Kansas, second by Oklahoma to approve changes to the Commission’s official seal and logo that reflects the four compact member states.

Motion passed 4-0

The Chair mentioned the next agenda item regarding the location of the office and the amount of work yet to be done. No further discussion came forth.

The Chair called on the Administrator to present the administrative budget agenda item. Ms. Houskie reported that there were no adjustments required on the fiscal year 2005-2006 budget and that as of May 31, 2006 only about 57 percent had been expended. Ms. Houskie stated that the proposed budget showed a 46.6 percent decrease from the fiscal year 2005-2006 budget and reflected a reduction in state membership dues to $5,000. The fiscal year 2006-2007 budget also indicated the use of rebate interest to fund the budget as recommended by the Executive Consultant’s report and Legal Counsel supported the recommendation. The Oklahoma Commissioner moved acceptance of the proposed budget for fiscal year 2006-2007. Upon completion of the Commissioners’ discussion on the use of rebate funds and its interest the motion offered by the Oklahoma Commissioner was amended as follows:

Motion (Resolution 10) by Oklahoma, second by Louisiana to approve the proposed budget for fiscal year 2006-2007 and to use rebate interest in the funding of the administrative costs of the Commission.

Motion passed 4-0

The Chair nominated the Oklahoma Commissioner as candidate for chairman for the coming fiscal year.

Motion (Resolution 11) by Arkansas, second by Kansas to elect Commissioner Sharp to serve as Chair for fiscal year 2006-2007.

Motion passed 3-0

The Commissioners discussed dates for the next meeting. A meeting date for the next annual meeting was tentatively set for June 20, 2007 with the location to be announced. A telephone meeting date was tentatively set for July 20, 2006 to review export applications for the new fiscal year.

Motion by Kansas, second by Oklahoma to enter into executive session for the purpose of discussing performance-personnel matters for about 20 minutes.

Motion passed 4-0

The Chair called for a break at approximately 10: 34 a.m. before entering into executive session.

The Chair called the meeting back to order at approximately 11:35 a.m. and announced that no business had been conducted during the executive session.

Motion by Oklahoma, second by Louisiana to adjourn the meeting.

Motion passed by acclamation.

The meeting was adjourned at 11:35 a.m.

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