The Facility Review Committee (FRC), created under the terms of the contract between the Commission and US Ecology, is an advisory body to the Commission regarding the project's progress and funding requirements. The FRC normally meets in the Commission's office in Lincoln, NE, on a quarterly basis to review US Ecology's Quarterly Funding Requests for approved project work.
The FRC reviews the project schedules and time-lines, the scope and tasks of the project, the anticipated and projected costs related to the project, and other reasonable and related matters. Recommendations of the FRC are forwarded to the Commission for action at the next regularly scheduled Commission meeting.
Voting members of the FRC are the Host State Commissioner (Nebraska), a representative appointed by and from the Host Community (Village of Butte), the Chairman of the Commission, and a representative of the Major Generators of LLRW from the five State Compact region. USE is currently a non-voting member of the FRC.
The FRC met on August 20, 1997, and recommended approval of the 4th quarter funding request of US Ecology.
The next FRC meeting was November 17, 1997 in Lincoln, NE with discussions on the 1998 Pre-Construction Work Plan, which incorporated the Commission's schedule for the release of the draft evaluation documents and the draft license decision by January 14, 1997. The 1998 Pre-Construction Work Plan was agreed to by the Committee and was recommended for approval by the Commission at the next Commission Meeting. The FRC also voted to recommend approval of the 1st quarter funding request of US Ecology.
The next quarterly meeting of the FRC was February 18, 1998 and the Committee voted to recommend Commission approval of the US Ecology 2nd quarter funding request.
The last FRC meeting of the Fiscal year was held on May 13, 1998 and the Committee voted to recommend Commission approval of the US Ecology 3rd quarter funding request. During the committee meeting US Ecology discussed the State Court decision addressing the LLRW Program determination of the "commencement of construction." The Court held that US Ecology's "fill and mitigation" permit from the US Army Corps of Engineers did not constitute a licensing activity and was not the start of facility construction. The Court also declared the Nebraska Department of Health and Human Services Regulation & Licensure had no statutory authority to make a licensing decision. The Court said the Department appropriately should provide input to the Department of Environmental Quality on the license application. [The Host State is appealing the Court's decision.]