TIME LINE

1980

Congress passes the Federal Low-Level Radioactive Waste Policy Act - which assigns responsibility for the disposal of low-level radioactive waste to the states, and suggests that states organize regional compacts.

1982

Nebraska Legislature passes resolution to join compact.

1983

Nebraska formally joins compact (LB200).

1984

Our Compact member states [Nebraska, Kansas, Oklahoma, Louisiana and Arkansas] begin meeting.

1985

Compact contracts with Dames and Moore to conduct Phase I and Phase II screening studies of the entire compact region.

1986

Congress amends the Low-Level Radioactive Waste Policy Act which includes milestones identifying required progress toward the operation of low-level waste facilities. The Amendment Act also includes penalties for failure to progress adequately.

1986

The legislature passes LB 491 which adopts the Low-Level Radioactive Waste Disposal Act and makes the Department of Environmental Control the lead agency.

1987

January - Senator Scofield introduces LB 426 which tightens Disposal act and LB 427 which mandates Nebraska's withdrawal from the Compact.

February - Governor Orr establishes the Low-Level Radioactive Waste Task Force and appoints Norm Thorson as Chair of the Task Force.

February - Compact sent out Request for Proposal for developer of the compact facility.

April - Westinghouse and US Ecology submit proposals.

May - LB 426 passes which amends the Low-Level Waste Disposal Act.

June - The Commission adopts rule 23 at the annual Compact meeting held in Lincoln. The rule significantly increases the penalties for withdrawal from the compact.

July - US Ecology selected by the Compact Commission (3-2 vote, Nebraska voting for US Ecology) as the developer for the compact; contract negotiations begin between US Ecology and the Commission, and the major generators and the Commission.

September - US Ecology submits a "white paper" outlining their recommended criteria for selection of a host state.

December 1 - Gov. Orr. sets ten conditions.

December 8 - Conditions presented to and approved by Compact.

December 15 - US Ecology recommends Nebraska as host state, Compact endorses recommendation with 4-1 vote.

1988

January - Contracts between US Ecology and the Compact Commission, and the major generators and the Compact Commission are finalized. They are back-dated to July of 1987.

January - LB 1092 is introduced by Senator Schellpeper which attempts to codify Governor Orr's ten conditions for hosting the compact regional facility and establishes Local Monitoring Committees.

February - The Nebraska Right to Vote Committee announces a petition drive to require community consent and calls for withdrawal from the Compact (Initiative 402). US Ecology begins hearings across state to gather public comment on the development of the regional waste facility.

March - Senator Dierk's amendment to LB 1092 which requires a vote of the county as meeting the community consent requirement fails.

April - US Ecology forms the Citizens Advisory Committee staffed by the Nebraska League of Women voters.

April 13 - Law requiring developer to make every effort to locate a facility where community support is evident takes effect.

May - The Legislature passes LB 1092 with intent language stating that the host communities shall be "actively and voluntarily involved in the siting process. To the extent possible... the developer shall make every effort to locate a facility where community support is evident."

June - US Ecology sends packets to municipalities and counties soliciting “letters of interest” to be considered a host community.

July 15 - Citizens advisory committee determines that county should be used for community consent purposes.

August 8 - Village Board of Butte passed a resolution of invitation - invitation does not commit Butte to hosting a facility. Boyd County also signs a similar letter containing the caveat that the submittal of the letter in no way commits them to serving as a host community.

November - The 402 Initiative requiring a vote of the people and withdrawal from the Compact fails.

November 23 - Letter from Butte Village Board to County Board stating its a county decision.

December 5 - Chairman of Village Board writes US Ecology - still interested.

1989

January 10 - Boyd County withdraws from consideration.

January 18 - USE announces its decision that Boyd County chosen as one of three finalists.

January - Sen. Morrissey introduces LB 761 which amends the Nebraska Low-Level radioactive disposal laws.

February - Norm Thorson testifies for Governor Orr on LB 761 and refers to community consent as an elastic concept.

April - Sen. Dierks attempt to amend LB 761 to include a vote by the county as community consent fails.

May - Sen. Dierks second attempt to amend LB 761 to include a vote by the county fails.

October - Norm Thorson elected chair of the Comapct commission (Hall Bohlinger has served as chair up to this time.).

December 29 - Boyd County selected has the final site.

1990

Concerned Citizens of Nebraska sues State, Compact, and NRC in effort to enjoin the siting of a regional facility. Case was dismissed by Federal Court and the Eighth Circuit affirmed the dismissal in 1992.

July 27 - License application filed with the State (DEC and DOH)

October - DEC/DOH submit a “Notice of Deficiency” to US Ecology on information missing from the license application.

November - Ben Nelson elected governor.

December - The Compact Commission announces that Norm Thorsen has been replaced as Commission Chairman by Hall Bohlinger from Louisiana.

1991

January - Governor Nelson has LB 837 and 838 introduced which require shared liability among the compact member states, an additional voting and one non-voting member for the host state, and open meeting and open records provisions for the Compact Commission.

January - Sen. Dierks introduces LB 72 which defines community consent as a vote of the people in the natural resource district where the facility is located.

March - LB 838 is passed by legislature (compact amendments)

March - Gov. Nelson appoints Bill Hoppner as the Nebraska commissioner.

April - Arkansas adopts compact amendments.

April - Ray Perry, Compact Commission Executive Director arrested for embezzlement - $1 million dollars missing-convicted later in both federal and state court.

April - Bill Hoppner resigns as Compact Commissioner and Gov. Nelson appoints himself.

May - LB 72 comes within one vote of advancing to Select File

June - Randy Wood joins DEC as its new Director.

June - Louisiana adopts Nebraska’s shared liability bill.

June - Greta Dicus, the Arkansas Commissioner, is elected Chair of the Compact Commission.

August - Randy Wood sends letter to USE on wetlands.

August - McCulley Township board adopts ordinance barring “injurious substance” from McCulley Township. Compact and US Ecology sue to declare those ordinances unconstitutional.

August - Gov. Nelson appoints Dick Coyne as Nebraska’s Commissioner.

October - Dr. Mark Horton joins DOH as the new director.

December 24 - License deemed complete.

1992

Boyd County Monitoring Committee sues Compact Commission seeking an injunction. Case was dismissed then refiled and dismissed by plaintiff.

July 9 - Compact and US Ecology sue to declare McCulley Township those ordinances unconstitutional.

July - Oklahoma passes shared liability legislation.

November 4 - Compact enters into agreement with SE Compact - Barnwell can continue to be used for disposal.

December 8 - Special poll conducted in Boyd County.

December 23 - Letter to compact asking they withdraw Boyd County - No community consent.

1993

January 8 - Deadline for withdrawal of Boyd County passes with no action taken.

January 13 - Community consent lawsuit filed.

January 22 - Notice of intent to deny announced.

March - Federal District Court denies McCulley Township’s motion to dismiss and enters a summary judgement for Commission and US Ecology.

April - SE Compact votes to cut off access after receiving information from our Compact.

June - Plan of Progress presented to SE compact.

June - Oklahoma commissioner H.A. Caves elected Chairman.

July 1 - Kansas passed the shared liability bill and it would have been effective on this date, except that it was passed with the proviso that it would not take effect until the appropriate authority of the State of Nebraska issued a license for the facility.

August - US Ecology reconfigures Butte site to eliminate wetlands. Notice of intent to deny dismissed.

October - Federal District Court dismisses Community Consent lawsuit. State appeals to 8th Circuit and files second Community Consent lawsuit.

October - Access to Barnwell restored.

December - Federal District Court dismisses second lawsuit on Community Consent.

December - Boyd County supervisors and Local Monitoring Committee file suit against US Ecology.

1994

January - LB 72 introduced on behalf of Gov. Nelson. - strikes requirement that State must own the waste.

April - LB 72 passed and signed by Governor. Bill strikes requirement that state must own waste.

June 13 - Eighth Circuit Court rules in Compact's favor on Community Consent Case. State appeals to the United States Supreme Court.

July - Federal Court grants US Ecology's motion for Summary Judgment in case filed by County and Local Monitoring Committee.

September - Commission receives Rebate payment from DOE in amount of $926,365.

September 12 - DEQ writes first of three letters demanding the rebate payments pursuant to Rule 4.

November 7 - US Supreme Court denies cert. in Community Consent Case.

December 7 - Dr. Greg Hayden appointed 2nd Commissioner- Craig Zeisler appointed Local-Non-voting Commissioner. Appointments made pursuant to compact amendments and discussions with Commission.

December 8 - Compact meets in Kansas City. Votes 4-0-1 to deny seating new commissioners and votes 4-1 to keep the rebate money in its possession.

1995

February 3 - State files separate lawsuits concerning Commission refusing to seat new commissioners and refusal to forward rebate funds to the state.

June/July - US Ecology submits "final documentation" for license review

June - Kansas Commissioner James O’Connell elected Chairman of Commission.

June 12 - Dr. Greg Hayden issues recommendations on federal waste and transport.

October 23 - Judgment entered for Commission in Commissioner Case - Federal District Court holds that Compact amendments are not in effect. State elects not to appeal.

November 15 - FRC meeting CIC license plan/schedule first discussed as way to push state to get done with license review.

1996

January 16 - Dick Coyne steps down as Commissioner.

February 1 - Dr. Greg Hayden appointed Commissioner.

March 15 - Craig Zeisler appointed Nebraska's Alternate Commissioner.

March 27 - Dr. Greg Hayden issues a report on the financial condition of American Ecology.

April - LB 1201 passes - provides for transfer of land after operation to state, defines liability, and stops waste from being received until the compact amendments are in effect.

June - Rebate case set for trial - settlement reached. Both claim and counter claims dismissed.

July-August - Dr. Greg Hayden issues report on waste streams.

August 27 - Commissioners hold special “hearing” for the purpose of determining a “reasonable” schedule. State does not to attend.

September 30 - Commission passes two motions at meeting - first, state must issue draft environmental impact and draft safety analysis report and a draft license between Dec. 14 and Jan. 14 (passed 4-1); second, commission adopts a single, consolidated public comment period and public hearing (passed 3-2).

Sept-October - Dr. Greg Hayden issues a report on Accumulated Interest for Major Generators.

November 27 - Nebraska files case in federal district court to seek declaratory relief that the actions of the Compact are contrary to law and without legal authority and that the schedule and public participation are unreasonable.

1997

January 1 - Department of Health merged into HHS.

January 14 - Deadline imposed by Compact for license decision passes.

February 4 - Compact authorizes US Ecology to sue State to let them fill wetland on site.

February 18 - Dr. Horton resigns from HHS.

April 4 - US Ecology sues State to fill in wetland before license decision is made.

May 6 - Out-of-State power companies intervene in scheduling case.

June 25 - Nebraska Commissioner vetoes export permits for Wolfcreek and Cimarron. Arkansas Commissioner Laura Gilson elected Chairman of Commission. Commission ignores vetos and approves exports.

July 16 - Nebraska Alternate Commissioner vetoes export permits for Nebraska Public Power District, Omaha Public Power District and the three Entergy Companies. Commission ignores vetos and approves exports.

July 31 - US Ecology filed appeal of property tax valuation with Nebraska Court of Appeals.

August 22 - State files lawsuit in federal district court to protect Nebraska’s right to limit exportation and importation of low-level waste.

August 28 - Governor Nelson holds Low-Level Waste Summit.

September 11 - Dr. Greg Hayden issues report on the analysis of alternatives, benefit cost analysis and valid data bases.

October 2 - Compact Commission approves (4-1) extensions to both the major generator’s contract and the contract with US Ecology in a continuation of their September 17th meeting.

October 14 - Dr. Hayden releases a memo to Commission on what they knew and when they knew it.

October 22 - Rich Paton, VP for American Ecology, tells Low-Level Waste Forum that compact law is not working and needs to be repealed.

October 29 - Draft Safety Analysis Report and Draft Environmental Impact Statement released by DEQ and HHS. 29 areas are unacceptable.

December 3 - Dr. Hayden issues Report on Excess Capacity for Disposal.

1998

January - legislation introduced by Senator Merton 'Cap' Dierks to withdraw Nebraska from the Central Interstate LLRW Compact

July - Dr. Hayden issues Report on the Financial Condition of American Ecology Corporation

August 6 - NDEQ issues Intent to Deny license; public hearings scheduled for November 9-12, 1998.

December - NDEQ announces Denial of License Application of US Ecology.

December - Entergy, Wolf Creek, and OPPD sue State of Nebraska claiming bad faith in license review.

1999

January - Compact joins nuclear utilities' lawsuit against Nebraska.

February - Compact abolishes executive director position - staff reduced to one, an office manager.

March - US Ecology closes Nebraska offices.

May - Nebraska legislature enacts LB530 withdrawing Nebraska from the Compact.

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