ML19249A519
| ML19249A519 | |
| Person / Time | |
|---|---|
| Issue date: | 07/27/1979 |
| From: | Hendrie J NRC COMMISSION (OCM) |
| To: | Frey J OFFICE OF MANAGEMENT & BUDGET |
| Shared Package | |
| ML19249A520 | List: |
| References | |
| NUDOCS 7908230515 | |
| Download: ML19249A519 (1) | |
Text
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NUCLEAR REGULATORY COMMISSION Nd
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WASHINGTON, D. C. 20555 o
a July 27, 1979 CHAIRMAN Mr. James M. Frey Assistant Director for Legislative Reference Office of Management and Budget Washington, D.C. 20503
Dear Mr. Frey:
This responds to your request for comments on S.1119, which provides that prior to the granting of any federal authorization to permit the transport of spent nuclear fuel or high-level radioactive waste through a U.S. trust terci-tory or possession, or the storage of such fuel or waste on s uch territory or possession, the Secretary of the Interior would be required to trsnsmit to the Congress a detailed report on the proposed transportaticn or sto ri.ge.
Before federal authorization could he given, Congress would be requi red :o enact a statute authorizing the proposed transportation or storage pl an.
The fiuclear Regulatory Commission is neutral regarding enactment of this legislation.
However, we do believe that the most effective role for Congress is for it to enact generic legislation which would specify cr iteria governing the use of U.S. trust territories and possessions as reposito ries for spent fuel and other high-level radioactive wastes.
This could be part of comprehensive legislation pertaining to the transportation and storage of f oreign spent fuel or specific legislation such as S.1119 regarding U.S. trust territories and possessions.
Following enactment of such legislation Congress would perform its oversight role to assure that the Act is being implemented cc Tisistent with the intent of Congress.
The day-to-day implementation of the Con gressional policy would then be left to the appropriate federal agencies.
We note that some constraints on DOE action ar. this issue alr eady exist.
Section 107 of the DOE Act of 1978 provides that the Secretary of Ene rgy may not "directly or indirectly" use any funds made available to him for the "r epurchase, transp.da-tion, or storage of any foreign spent (power reactor) nuclear fuel" unless such experditure has been expressly authorized by the Congress in legislation or a concurrent resolution, or the President has submitted a plan concerning the use of such funds to the Congress and neither House of Congress h as approved a resolution of disapproval during a 30-d y period of continuou s session.
If you have any other questions regarding this matter, please, do not hesitate to cont?ct re.
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Sincerely,
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Mr Joseph M. Hendrie 79082305/5'