Meeting Reports

Low-Level Radioactive Waste Forum, Inc.
Winter Meeting
March 12 - 14, 2001
Point Clear, Alabama

The Low-Level Radioactive Waste Forum, Inc. met in Point Clear, Alabama on March 13 and 14, 2001. The LLW Forum Executive Committee met on March 12. Seventeen LLW Forum Directors, Alternate Directors, and meeting designees representing fifteen compacts, host states, and unaffiliated states participated. In addition, one Federal Associate Member and one Non-Government Associate Member participated in the meeting. Other persons representing three federal agencies, a facility operator, an industry organization, various states and compacts, a law firm, and a private contractor also observed and participated in the meeting. A complete attendance list can be found at the end of this report.

The following is a brief summary of sessions held at the LLW Forum meeting, including decisions made and resolutions passed. This report is necessarily summary in nature in order to conserve resources and is in no way intended to be a complete account of the meeting.

TUESDAY MORNING-MARCH 13

Reports on New Developments in States and Compacts
LLW Forum Directors, Alternate Directors, and meeting designees each gave a report on recent events involving low-level radioactive waste management and disposal in their states or compact regions. Information about the following items, among others, was provided during the reports:

• a recent appellate court decision in a lawsuit against the State of Nebraska by the Central Interstate Low-Level Radioactive Waste Commission and regional generators (see March 12 News Flash titled, "Eighth Circuit Refuses to Dismiss Central Commission Case Against Nebraska");
• the member from the Southwestern Compact noted that the State of California prepared a report listing four options for low-level radioactive waste management and disposal;
• the environmental impact statement being prepared for the Richland low-level radioactive waste disposal facility;
• the removal of waste from the Shattuck facility in Denver by the U.S. Environmental Protection Agency;
• an enforcement action by the Rocky Mountain Low-Level Radioactive Waste Board against the U.S. Air Force for shipping radioactive waste without prior approval from the compact;
• a lawsuit between the Southeast Compact Commission for Low-Level Radioactive Waste Management and the State of North Carolina; and
• recent legislation filed in the State of Texas involving low-level radioactive waste management and disposal.

Status Report on Reorganization of LLW Forum, Inc.
Stanley York gave a brief report on the reorganization of the LLW Forum, Inc. and the status of the 501(c)(3) application for tax-exempt status.

DOE Report
Helen Balencen and Fred Butterfield reported on the new organizational structure and management changes at the U.S. Department of Energy. A copy of the department's new organizational chart can be obtained at www.em.doe.gov. Balencen then reported on the current status of the Manifest Information Management System (MIMS) and the prospects for future funding, as well as the status of DOE's moratorium on the recycling of contaminated materials. Butterfield discussed with LLW Forum Directors and Alternates the possibility for future department funding of LLW Forum activities and programs.

Update on Atlantic Compact and the Barnwell Facility
Max Batavia gave a brief presentation on the status of the newly formed Atlantic Interstate Low-Level Radioactive Waste Commission, including the appointment of Commissioners from South Carolina, Connecticut, and New Jersey. Patricia Tangney then provided a report on the allocation pools and formula for the disposal of waste in fiscal year 2002 at the Barnwell, South Carolina low-level radioactive waste disposal facility. Information about the allocation pools and formula can be obtained from at www.state.sc.us/energy/llrwdisposal.html.

TUESDAY AFTERNOON-MARCH 13

Update on Envirocare of Utah License Applications and Legislative Developments
William Sinclair of the Utah Department of Environmental Quality and Kenneth Alkema of Envirocare of Utah gave detailed reports on the following items:

• tentative approval of Envirocare's license application for a new cell for the disposal of containerized Class A, B and C waste;
• Envirocare's license amendment request for the disposal of containerized Class A waste in the existing cell;
• Envirocare's request for an exemption from state land ownership requirements; and
• the recent passage of legislation to impose a tax on waste going to Envirocare.

For detailed information about these items, see the following LLW Forum, Inc. News Flashes:

• "Envirocare Tax Passes Utah Legislature," March 1, 2001;
• "Envirocare Tax Passes Utah House Committee, Substitute Bill Moves Toward House Approval," February 27, 2001;
• "Envirocare of Utah Seeks Amendment of Existing License re Containerized Waste," February 6, 2001; - "Utah Radiation Control Board Grants Conditional Approval to Envirocare Land Ownership Exemption Request for B and C Waste," January 24, 2001; and
• "Tentative Decision Issued to Approve Envirocare's Class A, B, and C License Public Comment Sought," January 4, 2001.

Land Ownership Requirements
Paul Genoa of the Nuclear Energy Institute gave a report on land ownership requirements for low-level radioactive waste disposal facilities. In particular, Genoa discussed a January 18 letter from the U.S. Nuclear Regulatory Commission to the State of Utah concerning Envirocare's land ownership exemption request.

LLW Forum Executive Session
LLW Forum Directors, Alternate Directors, and meeting designees met in Executive Session to discuss organizational, legal and financial issues. Decisions made during the Executive Session were presented during the Business Session the following morning.

WEDNESDAY MORNING-MARCH 14

LLW Forum Business Session
Kathryn Haynes-Chair of the LLW Forum, Inc.-reported on the following information provided and decisions made during the Executive Session the preceding afternoon:

• a brief financial report was offered;
• new memberships, grants, gifts and subscriptions are being solicited;
• a draft Operating Procedures document will be distributed to LLW Forum Directors and Alternates shortly;
• sponsors for the next three meetings of the LLW Forum, Inc. are being sought;
• licensing agreements for access to the LLW Forum, Inc.'s web site and written materials are being drafted and will be distributed for signature shortly;
• the following members were elected to serve on the LLW Forum's Executive Committee in 2001: Max Batavia, Kathryn Haynes, William Sinclair, Leonard Slosky, Thor Strong, Terrence Tehan, and Stanley York; and
• the following LLW Forum officers were elected to serve in 2001: Kathryn Haynes as Chair, Stanley York as Secretary/Treasurer, Leonard Slosky as Vice Chair.

Report on NAS Panel Studying Alternatives For Controlling the Release of Solid Materials
Lynda Brothers gave a report on the activities of a panel of the National Academies of Science which is studying alternatives for controlling the release of solid materials. Specifically, Brothers provided information about an upcoming meeting at which the panel would hear from a variety of interested parties and encouraged states and compacts to voice their opinions. (For additional information about this issue, see the January/February 2001 issue of the LLW Notes.)

Entombment Option for Waste Disposal
Paul Genoa discussed the U.S. Nuclear Regulatory Commission's consideration of the entombment option for the disposal of radioactive waste. Genoa gave the industry's perspective on this issue, which he reported is generally favorable for certain nuclear facilities, and noted that the Advisory Commission on Nuclear Waste (ACNW) will be briefing the Commission again on this topic shortly. Genoa raised several issues with regard to entombment including technical issues, institutional control concerns, financial impacts and insurance implications.

Industry Perspective on Alternatives for Controlling the Release of Solid Materials
Paul Genoa provided the industry's perspective on alternatives for controlling the release of solid materials. He noted that the Nuclear Energy Institute will be testifying at the March 26 meeting of the National Academies of Sciences panel studying this issue.

Proposed Disposal of Waste From the Army's Ft. Greely, Alaska Reactor at Envirocare of Utah
Lilia Lopez, William Sinclair and Kenneth Alkema reported on the U.S. Army Corps of Engineers plan to dispose of radioactive waste from the Army's Ft. Greely, Alaska reactor at Envirocare of Utah. In particular, Lopez briefly outlined a recent legal opinion provided by the Corps, as well as the Northwest Compact's general position on the issue. Sinclair reiterated that Envirocare's license requires that it get approval of the Northwest Compact for disposal of this waste. Alkema expressed Envirocare's intent to follow its license conditions. (For additional information about this issue, see the January/February 2001 issue of the LLW Notes.)

Following discussion, the following motion was passed unanimously:

Texas Reports and Legislation
Susan Jablonski reported that interim reports on low-level radioactive waste management and disposal in the State of Texas have been completed by each house of the Texas legislature-each with a different outcome. She also reported that over a dozen bills have been filed for consideration during this legislative session which relate to low-level radioactive waste management and disposal in the State of Texas. Jablonski then provided highlights from some of the bills. (A complete list of the bills introduced and the text thereof can be obtained at www.capital.state.tx.us.

ATTENDANCE LIST

Directors, Alternate Directors, and Meeting Alternates of the LLW Forum, Inc.

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