[ RadSafe ] Legal Problems with ALARA and Decommissioning (Shieldalloy v. NRC)

Clayton J Bradt CJB01 at health.state.ny.us
Fri Feb 22 12:46:15 CST 2013

Steve Schulin wrote:

"NJ became an Agreement State in 2009. As best I read the new opinion, the 
transfer of authority that was vacated by the court this week was not the 
2009 agreement, but the transfer back of Shieldalloy to NJ which NRC did 
after a prior remand."

I'm not so sure. The court seemed to accept the NRC's contention that it 
could not transfer only part of it's regulatory authority to an Agreement 
State but it had to give all or nothing. (This of course is BS, but the 
court had no way of knowing it since Shieldalloy's lawyers didn't know 
about NRC's history of trying to "take back" states' authority to perform 
SS&D reviews, among other things. Certainly the NRC wasn't going to bring 
this up.) Apparently the court's order goes into effect only after the NRC 
has had another chance to act on Shieldalloy's decommissioning plan or 
request another review, or whatever.  Otherwise the NJ Agreement is voided 
by the court's order.

Clayton Bradt
Principal Radiophysicist
NYS Dept. of Health

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