Radiation Protection and Release Prevention

Legal Actions related to Shieldalloy Metallugical Corporation

Shieldalloy Metallurgical Corporation (SMC) of Newfield, NJ is a Nuclear Regulatory Commission (NRC) licensee. SMC has submitted a decommissioning plan to the NRC which requests amending their current license to a long term control (LTC) license. A LTC license is a license that would allow SMC to leave their radiologically contaminated slag in place, under an engineered barrier in perpetuity. The NJ Department of Environmental Protection has taken the following legal actions to try to prevent the NRC from issuing this LTC license.

12/22/06 Filed Petition for Rulemaking on NUREG-1757 with the NRC

1/5/07 NRC advised that NRC is in process of evaluating petition for rulemaking

12/22/06 Filed Request for a Hearing on the Petition for Rulemaking on NUREG-1757 and Stay on review of SMC DP with the NRC

1/12/07 NRC Denied Request for a Hearing on NUREG-1757 and Stay

12/22/06 Filed Petition for Review of NRC's Determination to Finalize NUREG-1757 to the Third Circuit Court of Appeals

1/31/07 NRC filed motion to dismiss

2/22/07 NJ filed Opposition to the motion to dismiss

2/26/07 NRC asked for extension until March 20 to reply to our opposition

2/26/07 Re-filed Petition for Review of NRC's Determination to Finalize NUREG-1757 to the Third Circuit Court in case original filing was too early

1/16/07 Filed Hearing Request on Shieldalloy's Decommissioning Plan

2/12/07 NRC Staff Response to Request for a Hearing
Recommended Accepting 8 out of 17 contentions

2/12/07 Shieldalloy's Answer to Petition for Hearing

2/27/07 Filed DEP's Reply to the Response of NRC Staff

2/27/07 Filed DEP's Reply to the Answer of Shieldalloy

3/2/07 NRC Staff's Motion for Leave to Respond to NJDEP's Reply Briefs

3/2/07 Shieldalloy's Answer to NRC Motion for Leave to Respond

3/5/07 Licensing Board Response

3/28/07 Atomic Safety and Licenseing Board Memorandum and Order (Ruling on Hearing Requests)

July 3, 2007 Brief on Behalf of Petitioner, State of New Jersey

August 24, 2007 Brief of Intervenor Respondent Shieldalloy Metallurgical Corporation

August 27, 2007 Brief for the Federal Respondents (NRC)

September 17, 2007 New Jersey reply brief

Any questions related to the technical aspects of these proceedings should be directed to Jenny Goodman at (609) 984-5498.