Forum Executive Committee Meets with DOE Secretary O'leary, NRC Commissioner De Planque
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%-^w # DDE/LLW—960135001 \'"fUM Notes July 1994 ''v' ' Forum Executive Committee Meets with DOE Secretary O'Leary, NRC Commissioner de Planque On June 22, the LLW Forum's Executive Committee and other designated Forum Participants metseparately with Secretary Hazel O'Leary of the U.S. Department of Energy and Commissioner E. Gail de Planque of the U.S. Nuclear Regulatory Commission. The purpose of the meetings was to brief the federal officials on state and compact activities concerning low-level radioactive waste management, as well as to answer their questions on related issues. After the meetings, letters summarizing the discussions were sent to officials of both agencies. Letter from Gregg Larson to Thomas Grambly. July 14,1994. On behalf of the Low-Level Radioactive Waste Forum LLW Forum Program and Meetings In response to (LLW Forum), I want to thank you for meeting with us questionsfromyou and otherDOE officials, we discussed during our June 22 briefing of the Secretary of Energy. the LLW Forum's purpose, mandate, and program. We found the discussion to be productive and are The LLW Forum is composed of officials directly encouraged about the new level of increased appointed by governors and compact commissions to communication between the states and compacts and interact with each other, federal officials, and other the Department of Energy (DOE). We are also very interested parties with the goal of implementing the pleased that the Secretary designated you—with the federal law mandating commercial low-leyel radioactive assistance of Jill Lytle, Deputy Assistant Secretary for waste disposal facility development. The LLW Forum Waste Operations—to be the principal point of contact meets regularly, maintains an Executive Committee in maintaining communication with the LLW Forum. and two active working groups, publishes a newsletter, issues periodic summary reports on disposal facility While the main purpose of the meeting was to provide development progress, informs its members and other the Secretary with information about current efforts to state and federal officials of recent activities, and develop commercial low-level radioactive waste disposal maintains a legal information clearinghouse. capacity and to answer any questions that she had, we were also fortunate to discuss with you and other DOE LLW Forum meetings are open to the public, and a officials a number of other issues of ongoinginterest to wide variety of interested parties have attended the Forum Participants and the Department meetings since the LLW Forum's inception in 1986. For your information I have attached a pre-attendance list for the upcoming meeting of the LLW Forum. The Executive Committee has asked me to summarize the discussion and the resulting points of agreement. The LLW Forum is a cooperative and consensus-based Should you wish to clarify any of these items, please organization that interacts with many different contact me. individuals and groups through its publications, its regular meetings, and through the activities of Forum Participants. This unique process requires continued on page 27 c/oAfton Associates, Inc. • 403 East Capitol Street • Washington, D.C. 20003 • (202)547-2620 • FAX (202)547-1668 ~7F - JT/ON OF THIS DOCUMENT IS UNLIMITED LLW Forum UWNate* Contents Volume 9, lumber 4 • J&y 14,19M LLW Forum 2 Editor,. O^tstMa Nonis LLW Forum continued 3 CoatribatmgWritsssr Holmes Brom, FFCA Task Force Forms Mixed Waste Workgroup 3 States and Compacts 4 Todd Logger, Gyxfliaa Nom% IDNS Considers Construction of Centralized Storage Laara Sc&eeJe, M* A. Shaker Facility 4 layout & Design, M. A, Shaker" - Midwest Commission Agrees on Capacity Limit, Advisory Committee 5 EPA Responds to California Site Developer's Queries re Application of Air Pollutant Standards 6 LLW Notes is distributed by Afton Associates, Inc. County-Level Disqualification Site Screening of to Low-Level Radioactive Waste Forum Participants Pennsylvania Complete 7 New Jersey State Siting Board Executive Director and other state and compact officials identified by Retires 7 those Participants to receive LLWNotes. Texas Compact Legislation Introduced in U.S. Senate... 7 Determinations on which federal officials receive Courts : 8 LLWNotes are made by Afton Associates based on Generators Ask Court to Rule in Their Favor on LLW Forum Executive Committee guidelines in Surcharge Rebates Lawsuit 8 consultation with key federal officials. Specific Vermont Authority and Battelle Settle Wedands distribution limits for LLWNotes are established by Dispute 10 the Executive Committee. Eightii Circuit Affirms Decision in Nebraska Community Consent Lawsuit 11 To assist in further distribution, all documents Nebraska Court Dismisses Action Filed by Boyd included in Forum mailings are listed in LLWNotes County Local Monitoring Committee 13 with information on how to obtain them. NC Authority, Chem-Nuclear, & Stowe Exonerated 14 U.S. Supreme Court Decides Case on Commerce Clause 15 Recipients may reproduce and distribute LLW Notes as they see fit, but articles in LLWNotes must be The Administration and the Amendments Act 18 reproduced in their entirety and with full attribution. Congress and the Amendments Act 19 U.S. Congress 20 The Low-Level Radioactive Waste Forum is an Senator Johnston Introduces Legislation to Transfer Ward association of representatives of states arid compacts Valley Site 20 established to facilitate state and compact Representative Dingell Writes to Clinton re commission implementation of the Low-Level Disposal of Low-Level Radioactive Waste 21 Radioactive Waste Policy Act of 1980 and the Low- U.S. Congress continued 22 Level Radioactive Waste Policy Amendments Act of Representatives Derrick, Sharp and Senator Mitchell 1985 and to promote the objectives of low-level to Retire .: 22 radioactive waste regional compacts. The Forum Federal Agencies and Committees 22 provides an opportunity for states and compacts to NAS Committee on California Site Convenes 22 share information with one another and to exchange NRC to Improve Public Petition Process 23 views with officials of federal agencies. NRC Commissioner Remick's 5-Year Term Over 23 NRC Releases Draft Proposed Rule on Criteria for Decontamination and Closure of NRC-Licensed Low-Level Radioactive Waste Forum Facilities 24 c/o Afton Associates, Inc. EPA Names First Environmental Justice Federal Advisory 403 East Capitol Street Council 26 Washington, DC 20003 LLW Forum continued .....'...: 27 (202) 547-2620 • FAX (202) 547-1668 New Materials and Publications 30 Receiving LLW Notes by Mail 35 Prepared by Afton Associates for the LLW Forum under State of Washington Department of Ecology Contract Number C9400065. LLW Notes o July 1994 o' page 2 DISCLAIMER This report was prepared as an account of work sponsored by an agency of the United States Government. Neither the United States Government nor any agency thereof, nor any of their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or use• fulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. Reference herein to any spe• cific commercial product, process, or service by trade name, trademark, manufac• turer, or otherwise does not necessarily constitute or imply its endorsement, recom• mendation, or favoring by the United States Government or any agency thereof. The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States Government or any agency thereof. DISCLAIMER Portions of this document may be illegible in electronic image products. Images are produced from the best available original document. LLW Forum continued FFCA Task Force Forms Mixed Waste Workgroup On May26, the States-Only Federal Facility Compliance The States-Only FFCA Task Force requested diat the Act (FFCA) Mixed Waste Task Force agreed to form a workgroup provide a progress report and workgroup to study die issues associated with U.S. recommendations to the taskforce during die next task Department of Energy (DOE) acceptance of force meeting. commercial low-level mixed waste for treatment and disposal. Members of the workgroup are The agreement to form the workgroup followed a presentation and discussion concerning acceptance of • Teresa Hay, Iowa (Chairperson); commercial mixed low-level waste at DOE sites. The presentationwas given by TeresaHay—whoisamember • Domenic Forcella, Connecticut; of die FFCA Task Force Working Committee on Mixed Waste, a Midwest "Compact Commissioner, and a • Brian Munson, Idaho; member of die LLW Forum Mixed Waste Working Group—and by Holmes Brown, Facilitator for die • Jeff Breckel, Washington; LLW Forum. The presentation was scheduled at die request of LLW Forum Mixed Waste Working Group • Beth Partlow, Soudi Carolina; and members widi die concurrence of die full LLW Forum at its April meeting. (See liWAfote?, May/June 1994, p. • Harvey Collins, California. 25.) Five members of the workgroup represent states mat During die April 1994 LLW Forum meeting, Forum are also represented on the LLW Forum Mixed Waste Participants unanimously resolved Working Group. Three workgroup members—Hay, Forcella, and Collins—regularly attend LLW Forum that Forum Participants contact dieir state meetings. representatives to die [National Governors' Association] FFCA Task Force and urge dieir The workgroup was charged by the States-Only FFCA support in adding die issue