RE: DOE loses DNRC lawsuit against plan to put 'low levels' of Cs-137into grout.

[John, Jacobus]

Is the court decision based on the issue of disposal,

or the authority of DOE to unilaterally make the

decision to take the actions it did?  



The first would suggest courts determining disposal

laws.  The second would be another "slam" against DOE,

similar to the issues of the NRC making regulatory

decisions beyond the scope of its authority.  There is

a big difference between the two.  From my reading, it

looks like the latter situation as noted on page 12.



The arguements of the case can be found at

http://www.id.uscourts.gov/ECM/dc_images/__0ZT0HK0RT10138296.pdf





--- Ted Rockwell <tedrock@CPCUG.ORG> wrote:

> Here's part of the answer as to what we're paying

> for LNT and unlimited

> ALARA

> 

> Ted Rockwell

> 

> -----Original Message-----

> From: owner-radsafe@list.vanderbilt.edu

> [mailto:owner-radsafe@list.vanderbilt.edu]On Behalf

> Of mark.hogue@SRS.GOV

> Sent: Monday, July 07, 2003 8:11 AM

> To: radsafe@list.vanderbilt.edu

> Subject: DOE loses DNRC lawsuit against plan to put

> 'low levels' of Cs-137

> into grout.

> 

> 

> 

> DOE was going to save a whole lot of money by

> treating defense waste

> containing 'low levels' Cs-137 by making great big

> concrete monoliths out of

> it. Now, it looks like we're back to putting it in

> glass. Any other

> perspectives out there?

> 

> 

> The path to the 9th Circuit Court's documents:

> 

> Copy/Paste or Type into browser: 

> http://www.id.uscourts.gov/

> 

> On the Left Side – click on:  Case Files (located

> second from the top of the

> list)

> 

> Highlight:  District

> 

> Click on:  Cases Files Non-Restricted

> 

> On Left Side under "Search Criteria:" copy/paste or

> type in:  01-413

> Do not change other settings.

> . . .



=====

-- John

John Jacobus, MS

Certified Health Physicist

e-mail:  crispy_bird@yahoo.com



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