[Federal Register Volume 62, Number 32 (Tuesday, February 18, 1997)]
[Notices]
[Page 7281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3886]


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NUCLEAR REGULATORY COMMISSION

Natural Resources Defense Council Receipt of Petition and 
Issuance of a Director's Decision Under 10 CFR 2.206

    Notice is hereby given that by Petition dated January 8, 1997, 
Thomas B. Cochran, on behalf of Natural Resources Defense Council 
(NRDC), requested that the Nuclear Regulatory Commission (Commission) 
take immediate action with regard to Envirocare of Utah, Inc. 
Specifically, the Petition requested NRC to take the following actions:
    (1) Immediately revoke the license or licenses, or cause the state 
of Utah to revoke its agreement state license or licenses, under which 
Envirocare is currently permitted to accept low-level radioactive waste 
and mixed waste for permanent disposal.
    (2) Immediately revoke the NRC 11e.(2) byproduct material license 
under which Envirocare is currently permitted to accept uranium mill 
tailings for disposal.
    (3) Immediately revoke any other NRC license, or agreement state 
license, if such license exists, held by Envirocare, Khosrow Semnani, 
or any entity controlled or managed by Khosrow Semnani.
    (4) Prohibit the future issuances of any license by the NRC, the 
State of Utah, or other NRC agreement state, to Khosrow Semnani or any 
company or entity which he owns, controls, manages, or [with which he] 
has a significant affiliation or relationship.
    (5) Suspend the agreement with the state of Utah under which 
regulatory authority has been transferred from the NRC to the Utah's 
Bureau of Radiation [Division of Radiation Control], until the State of 
Utah can demonstrate that it can operate the Bureau of Radiation 
[Division of Radiation Control] in a lawful manner, and without the 
participation of licensees, or employees of licensees, in Bureau of 
Radiation [Division of Radiation Control] oversight roles.
    As a basis for the request, the Petitioner asserts that on December 
28, 1996, an article in The Salt Lake Tribune reported that between 
1987 and 1995 Mr. Semnani made secret cash payments to Mr. Larry F. 
Anderson, who served as Director of the Utah Division of Radiation 
Control from 1983 until 1993. The article also reported that the Utah 
Attorney General's office has initiated a criminal investigation into 
the matter.
    The NRC response to the Petitioner's request regarding the 
Agreement State program is provided in a ``NRC Staff Evaluation of 
Natural Resources Defense Council Request to Suspend Section 274 
Agreement With The State of Utah.'' The other issues raised in the 
Petition have been evaluated by the Director of the Office of Nuclear 
Material Safety and Safeguards. After review of the Petition, the 
Director has denied the Petitioner's requests.
    The Director's Decision concluded that no substantial health and 
safety issues have been raised regarding Envirocare that would require 
initiation of the immediate action requested by the NRDC. The NRDC has 
not provided any information in support of its requests of which the 
NRC was not already aware. Moreover, NRC inspections of the Envirocare 
facility have not revealed the existence of extraordinary circumstances 
that would warrant immediate suspension of the Envirocare license. In 
addition, the staff's review of the technical basis for its issuance of 
the license and subsequent amendments found no evidence of the 
existence of any substantial health or safety issue that would justify 
the actions requested by the NRDC. However, NRC will monitor the 
investigations and actions being conducted by the State of Utah. If NRC 
receives any specific information that there is a public health or 
safety concern as a result of these actions or from any other source, 
including the NRC ongoing Agreement State oversight activities, NRC 
will evaluate that information and take such action as it deems is 
warranted at that time.
    The complete ``Director's Decision under 10 CFR Sec. 2.206'' (DD-
97-02) is available for public inspection in the Commission's Public 
Document Room located at 2120 L Street, N.W., Washington, D.C. 20555. 
The Director's Decision is also available on the NRC Electronic 
Bulletin Board at (800) 952-9676.
    A copy of this Decision will be filed with the Secretary for the 
Commission's review, in accordance with 10 CFR 2.206. As provided by 
this regulation, the Decision will constitute the final action of the 
Commission 25 days after the date of issuance of the Decision unless 
the Commission on its own motion institutes a review of the Decision 
within that time.

    Dated at Rockville, Maryland this 7th day of February 1997.

    For the Nuclear Regulatory Commission.
Carl J. Paperiello,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 97-3886 Filed 2-14-97; 8:45 am]
BILLING CODE 7590-01-P