ML19305E830
| ML19305E830 | |
| Person / Time | |
|---|---|
| Issue date: | 04/28/1980 |
| From: | Ahearne J NRC COMMISSION (OCM) |
| To: | Staggers H HOUSE OF REP., INTERSTATE & FOREIGN COMMERCE |
| Shared Package | |
| ML19305E831 | List: |
| References | |
| NUDOCS 8005200491 | |
| Download: ML19305E830 (5) | |
Text
p Mr uqA UNITED STATES 3
NUCLEAR REGULATORY COMMISSION
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April 28, 19
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CHAIRMAN d
The Honorable Harley O. Staggers Chairman, Committee on Interstate and Foreign Commerce U.S. House of Representatives Washington, D.C.
20515
Dear Mr. Chairman:
This is in reply to your request for the Nuclear Regulatory Commission's (NRC) comments on H.R. 6116, a bill which would extend NRC licensing authority to certain facilities established by the Department of Energy (DOE) for the disposal of spent nuclear fuel and transuranic waste. The bill would also establish criteria for characterizing waste facilities used for research and development activities.
In a report to Congress entitled " Regulation of Federal Radioactive Waste Activities" (NUREG-0527) the Commission recommended that NRC licensing authority should be extended to cover all new DOE facilities for disposal of transuranic waste and non-defense low-level waste. The Commission also recommended that a pilot program, focused on a few specific non-defense DOE waste management activities, should be established to test the feasibility of extending NRC regulatory authority on a consultative basis to DOE waste management activities not covered by NRC's present licensing authority or the proposed extension of it.
In addition, although the Commission believes it already has authority to license DOE storage of spent fuel, we would welcome explicit legislative affirmation of that authority. To the extent that H.R. 6116 is consistent with the Commission's policy we support its enactmr.nt.
The Commission has the fol~eowing specific comments on H.R. 6116.
Spent Fuel H.R. 6116 would amend Section 202(3) of the Energy Reorganization Act of 1974 (ERA) to extend NRC licensing authority to DOE facilities used primarily for the receipt and storage of spent nuclear fuel and transuranic waste resulting from activities licensed under the Atomic Energy Act of 1954. On several occasions the Commission has stated its view that spent fuel from licensed power reactors constitutes high-level radioactive waste for the purpose of Section 202(3) of 1
the ERA, but that the NRC would welcome explicit affirmation of its authority to license DOE facilities for storing such spent fuel, Moreover, any DOE storage of foreign spent fuel would present the same considerations of public health and 9
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i safety as the storage of domestic spent fuel. Therefore, the Commission believes l
it should also be authorized to license DOE facilities for the storage of foreign i
spent fuel transferred under a subsequent arrangenent entered into pursuant to i
the Nuclear Non-Proliferation Act of 1978. Such licensing authority would be consistent with the President's proposed legislation regarding spent nuclear j
fuel.
Thus, the Commission believes that a consistent policy for protecting public health and safety would require NRC licensing of essentially all DOE facilities for storing commercially generated and foreign spent fuel. Accordingly, the Commission believes that NRC authority to license DOE spent fuel storage i
should include existing DOE facilities if they are used primarily to store DOE acquired commercially generated or foreign spent fuel.
Legislative language i
i which would implement these goals is enclosed.
H.R. 6116 would also amend Section 202(4) of the ERA to extend NRC authority to DOE facilities for the long-term storage of spent nuclear fuel generated by DOE.
The Commission supports this provision.
i Transuranic Waste H.R. 6116 would extend NRC licensing authority to certain DOE facilities for the receipt and storage of transuranic waste generated under the Atomic Energy Act of 1954 and to the long-term storage of transuranic waste generated by DOE. The Interagency Review Group on Nuclear Waste Management (IRG) and the President have recommended that NRC authority over transuranic waste should be provided only for new DOE disposal facilities. A: noted above, the Commission has made the same recommendation. Any further extension 'of NRC authority over transuranic waste could involve national security considerations. Therefore, the Coumission
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believes that the proposed extension of its authority in this area is pramature ard should be re-examined after evaluation of the results of the pilot program rreommended by the Commission. Accordingly, the Commission recommends that M.R.
616 be amended to implement the Commission's recommendation regarding extension of NRC authority to new DOE facilities for the disposal of transuranic waste.
i Proposed alternative legislative language is enclosed.
Other Considerations The Commission is neutral regarding the proposed criteria which would characterize i
research and development facilities for the purposes of Section 202(4) of the ERA.
The Commission recommends that H.R. 6116 should also be amended to include extension of NRC authority over new DOE facilities for the disposal of low-level non-defense waste. Such an extension has been recommended by the IRG and the President.
Draft legislative language which would implement this recommendation is enclosed.
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3 Finally, the Commission recommends that Sections 202(3) and 202(4) of the ERA should be amended to refer explicitly to disposal. Although the Commission believes that the legislative history of these sections clearly demonstrates that the term " storage" is intended to include " disposal," */ explicit reference to disposal would remove any ambiguity regarding NRC authorTty in this regard.
Thank you for this opportunity to provide the Commission's views on these matters.
S cerelyj John F. Ahearne
- f H.R. Rep. No. 93-1445, 93rd Cong., 2d Sess. (Conf. Rep.) (1974) at 34, S.
Rep. No.93-980, 93rd Cong., 2d Sess. (1974) at 59-60.
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l The following draft legislation would implement the Commission's propose sions of NRC licensing authority over government waste facilities in a manne consistent with Commission policy.
i A.
Affirmation of NRC Authority to License Department of Energy Facili-ties for the Storage of Spent Fuel Strike Section 202(3) of the Energy Reorganization Act of 1974 and substitut lieu thereof:
(3)
Facilities used primarily for the receipt and storage or disposal of high-level radioactive wastes resulting from activities licensed under such Act including spent fuel generated in power reactors licensed under such Act and spent fuel generated in foreign power reactors and transferred to the United States under a subsequent arrangement authorized under such Act.
B.
Extension of NRC Authority to the Licensing of New DOE Facilities for the Disposal of Transuranic Waste Section 202 of the Energy Reorganization Act of 1974 is amended by add following new paragraph:
(5) New, separate facilities authorized after [ insert date of enactment of licensing extension Act] for the disposal of radioactive transuranic waste resulting from activities licensed under such Act or generated by the Depart of Energy.
C.
Extension of NRC Authority to the Licensing of New DOE Facilities for the Disposal of Nondefense Low-level Waste Section 202 of the Energy Reorganization Act of 1974 is amended by adh following new paragraph:
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(6)
Facilities authorized after [ insert date of enactment of the licensing extension Act] for the disposal of low-level radioactive waste resulting from activities licensed under such Act or generated by the Department of Energy except for low-level wastes generated as a result of national defense program.
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