CENTRAL INTERSTATE LLRW COMMISSION
There were seven meetings of the Commission during the fiscal year. There were also four meetings of the Facility Review Committee and the Annual Information Forum was held in conjunction with the 1997 Annual Meeting. Except for the Commission's Mid-Year Meeting, all meetings were held in Lincoln, Nebraska.
A Special Teleconference Meeting of the Commission was held on August 15, 1996, for the purpose of taking action on several LLRW Export Applications. During the 13-minute meeting, the Commissioners unanimously approved 12 export applications.
On August 27, 1996, a Special Meeting of the Commission was held to receive comments, evidence, and reports on a reasonable time period for completion of the processing of the pending license application for a LLRW disposal facility. The Commissioners met for their Fall Quarterly Meeting on September 30, 1996. In addition to the regular business of approving LLRW Export Applications and the Quarterly Funding Request of USE, the Commissioners approved the Annual Commission Audit conducted by KPMG Peat Marwick. Discussion was held and motion approved on the issue of Draft Findings in the Matter of a Reasonable Schedule for the LLRW License Review Process. Information on this issue may be found elsewhere in this report.
The Mid-Year Meeting of the Commission was held on January 8, 1997, in Oklahoma City, Oklahoma. The meeting began with a round-table discussion on possible alternatives and options to the proposed site and facility with representatives of USE, the Major Generators, and the Host State (Nebraska). It was suggested during the meeting that the Commission create and appoint a committee to explore alternative disposal options, the existing contract between the Commission and USE, and the economic ramifications of the project. However, no formal motion was made and no vote was taken.
A special report was given to the Commissioners by their Legal Counsel who spoke briefly on the issues of Invoice and Accounting Reconciliation in the USE Contract, a review of American Ecology, the legal status of license review schedule matters, and the most recent Host State lawsuit against the Commission. Legal Counsel also outlined for the Commissioners a variety of remedies the Commission may enforce if the Host State did not comply with the two resolutions passed on September 30, 1996, with regard to completion of the technical portion and subsequent public participation in the license review process.
Following an executive session with their Legal Counsel, the Commissioners approved a motion to request Host State Nebraska to provide indications of why the January 14, 1997, date for issuance of draft licensing documents and a draft license decision would not be met. They recommended a special telephone meeting on or about February 4, 1997, to consider the Host State response to the above mentioned request and to consider further Commission actions. They asked Legal Counsel to evaluate a potential Bad Faith Claim against the State of Nebraska if it did not comply with the September 30, 1996, motions regarding scheduling matters. They asked Commission staff to begin a formalized account procedure to determine the accumulation of damages caused by the delay in issuance of a license.
At the Mid-Year Meeting, the Commissioners also approved the USE 1997 Annual Work Plan and the Quarterly Funding Request of USE. Several LLRW Export Applications were also approved.
On February 4, 1997, a Special Telephone Conference of the Commission was held regarding the failure of the Host State to meet the January 14, 1997, deadline for issuing draft licensing documents and a draft license decision. A motion was approved to ask the Commission Legal Counsel to evaluate a potential bad faith claim against the State of Nebraska and to report back on or before the Spring Quarterly Meeting on the estimated cost of such work.
The Commissioners also approved a motion allowing USE to proceed with its best efforts to resolve any obstacles or impediments it has with the Nebraska Host State regulators in regard to implementing the mitigation and filling plan as approved by the U. S. Army Corps of Engineers. Information on a declaratory judgment lawsuit regarding this matter may be found elsewhere in this report.
The Spring Quarterly Meeting of the Commission was held on March 26, 1997. Regular business was conducted including the approval of LLRW Export Applications and the Quarterly Funding Request of USE.
The 1997 Annual Meeting of the Commission was held on June 25, 1997. Approval was given to an amendment to Commission Rules regarding the creation and administration of a Litigation Committee. An amendment to Commission By-Laws specifying that the Commissioner or Alternate Commissioner representing a member state that is involved in litigation or imminent litigation adverse to the Commission shall not be a direct or indirect member of the Litigation Committee was approved. The Commissioners also approved a By-Laws amendment regarding procedures and limitations regarding closed sessions of Commission meetings.
Approval was given to the 1997-1998 Commission Budget and the Quarterly Funding Request of USE. The Commissioners adopted an Export Application Fee Schedule for Fiscal Year 1997-1998 which called for retaining the same fees as were in effect during the prior fiscal year. They then approved a number of LLRW Export Applications.
The Commissioners welcomed Michael Henry as the new alternate Commissioner from Louisiana and expressed their appreciation and thanks for the service of former Louisiana Commissioner William H. Spell. Spell is Administrator of the Louisiana Department of Health and Environment and will be retiring from that post later this year.
Laura Gilson, Commissioner from Arkansas, was elected Chairman of the Commission for the 1997-1998 Fiscal Year. Gilson follows Kansas Commissioner James J. O'Connell as Chairman.