ML19308B869

Transcript from 790716 Congressional Record Re Senate 790621 Legislative Day in Washington,Dc.Pp 9461-9506

ML19308B869
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MongrtBSianalREcord United Scares rff of America PROCEEDINGS AND DEBATES OF THE 9 U CONGRESS, FIRST SESSION Vol.125 WASHINGTON, MOND AY, JULY 16,1979 No.95 Senate Gegislatice day of Marsday, June 21. IFtt)

The Senate met at 10 aan on 12te er. RECCGNr ION OF TL MAJORITT !ca with an accelerated synthet's fuals piration of the recess, and was esDed to LEADER procam. That legtslanon win be com-order by Hon. Hownr.t. T. Hart.nr. a Sen-ator from the State of 4tihanca The AC" RING PRESIDENT pro tem-mg W 2e Senate wtcin a M e M Dom. Under ce pmvins ceder. Ce days.

ma W er is mM The wmMmM profts tax !s already in raaTax the works. The House has acted in tha4 The Chaplain. the Reverend Edward regard. De Senate Committee on Pi-L. R. E; son. DD., offered the fonowi=g THE JOURNAL nance is proceeding, and my meecngs with Senator IANC. Mr. Ur.f.nas, and prayer-Mr. ROBERT C. BTED. Mr. Presidmet, us pray,.

I ask imentmaus consent that the Jour-others have indicated to me that the God of our fathers and our Cod. in nal of the proceedings be approved to Suate d h mg h h h we put er tmst generadon after date.

legidade, of co must be passed 3rst by virtue of the constitutional m-generation. through happy days and in The AC" TING PRNNMT pro tem-umes of trouble. We thank nee for every pore. Without objection.161s so order-A. quirement, and the Senate win be acting tatriot whose life has NM 2e Na-on the tax in due time.

con, for an who have served and a3 As to the crenuon of a solar bank, the -

w* o now serve the Nation with com.

N CARTER'S SPEECH "d'"N*

acon has W abat seed-a petence and character. When new direc.

Mr. ROBERT C. BTRD. Mr. President, one so.

pas or n d tions, raw excrtions and new disc! Wines last night Presidset Carter addnesed the bank legidauan has been htroduced in are regt. red. wilt 'Ihou show us the way people of our Nation. He rommdad the the Senate. It is an idea that has been with a clarity *ranscending our high. Nation of who we were, what we have Soat2g around for a whCe and win be est human insight?

w-n, and what we can be again.

mg gge C Lord keep us close to Thee, for Thy He nakad us to look mward, to re*

As to 122e import quotas, the Prealdent presence is the answer to every prayer, avamme our values. He asked us to be has the authority to impose them. He hae Unite the Congress with the Preal-strong. He asked us to make sacriSces, said he win use that authonty. It is a dent to serve with such purity of purpose It is my hope that he struck the raw and singleness of devotion as beats nerves of our Nation.

matter that v1H be left up to his leader-

ship, service in Thy kingdom. May goodness Eme will be the measure, as President rd and mercy and justice follow us through Carter further out1mes his energy and go g

ns p

' pen d

1. #"4 scenes.

incacon plans, In Thy holy name we pray. Amen.

In any event, the President captured within the next decade and switch to t an amendment to the Fuel Use Act the attention of the Nation. He had the coa,1 be necessary, w:.

ear of the people. It is my hope that now he can reach out to their hearts and But in the main. I thmk I need ocly APPODFTMENT OF ACTING PRESI.

mmg, say, as I have said before cat Congress DENT PRO TEMPORE His speech was a recognition that the is ahead of the game.

The PRESIDING OPPICER. ne malaise of the spirit is not incurable.

As to its performance in this area. I am eierr. w1H please read a communicadon but can be swept away with the r!sht sure Congress is going to do its part and to the Senate from the P:es2 dent pro kind of leadership. He asked for our is going to cooperate. Congress has al.

tempore tMr. Macroson),

cooperation, and we 713 stre it.

ready indicated that kind of leadership The leg:slative eierk read the foGow!ng But Congress has not been on the in the recent past. as well as over the i

sidennes all of these weeks. Congress is marm years in which it has enacted a

'etter.~

U.S. szwan, already wen ahead in its development cf great deal of energy :egislation.

P=-r rnonwess.

most of the legislation to which he The Senate gave the President standby vuungron. ;Lc, Jiay :s. ms.

referred.

authority to ration ga.soline. De other TD ** J8888 For example, the Natonal Energy body did not go along. But I believe that Undef 'he ptoT:110ts of rule L Section Mhdon Wd M.MCluded in Me sMne legidadon Mong cat l!Ce w.'U be Ne H is aown'r. { Iegislation wnica Senator Jacuscw and enacted.

r arrt.as. a 8. esw from -ne state at u.a.,,.

the Energy Ccmmittee wtB be r* porting Istin th*k the hident ought to send to perform the cuuas of tae cunar.

to the Senate, perhape as early is nez% up a plan, rather than wait for a plan *a masas o. mantson, week.

be develcped m the Congress, but I an1 Peswant pro re-spore-no synthetic fuels progran2 is in-not hardnosed about it. I thmk the Mr. HIFI.IN :bareupon assumed the c!uded h12at :egisladon.

important th:=g is that the ccuntry have enaar a.s Acting Pres 3 dent pro tempore.

De House has passed Iegislat*cn deal-a standby gasohne radening plan. hcDe-

• This **.milec" symbo! ;dentiAes svaram acs or insernons widch are act spoken by :he Member on the doce.

S94d1

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Q 766Md M

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i S 9462 CONGRESSIONAL RICORD-SENATE July 16,1979 funt one that would never have to be sent--that today is not the day for matters. Energ7 is one of the most d!-

used.

perfection, which is often the enemy of visive, contentious subjects that I think As to the massive energy program that the merely good but, rather. a day tor I have ever seen come before the Sen-d we are talking about, particularly the re-try to formulate a policy that we can ate. But the minority has not taken a duction in imports of foreign oil. I am all support.

partisan viewpomt on this. in my esti-i glad to see the President taxing a strong

'Ite President is right, beyond a shad-mation, over the years, and has jomed

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position on this matter.

ow of a doubt, in saying that we have those on the other side of the aisle who j

He has said that this country will an energy crisis to contend with. So. could see the issue as those on my side not import any more od than was im-while we may not-Indeed, we do not-of the aisle could see it in order to pro-i i

ported in 1377. Of course, that is the agree on every aspect of his proposals duce the majorities necessary to pass im-year in which the highest imports oc-heretofore made or those suggested or portant energy legislation. It wa.s not all curred. It gives him a little tiexibility intimated in his speech last night. I am done by the Democrats. We had to have and elbow room. I hope the President prepared to say and I do now say that, some RepubHean support, and I have will pursue the course he has set out for my part, and I beneve I speak on maintained this consistently in my ad-t upon. He can do it. He certainly stated behalf of all or virtuaHy all Repubucans vice to the White House. ' '

i with emphasis last night his intention in this body. we are wining to start from It was at my request that Senators i

to do it. I beneve the American people scratch. We are wilHug to begin anew.' STEVENs DeMEmer. HArrmt.s. and BsLL-f will support that kind of determination. We are willing to consider together the now went to Camp David. I mentioned 1

l I commend President Carter for his formulation of a plan that wiu lead this those only because they are the leaders-accurate and forceful speech. The real country to better times, not all the leaders, but at least, they are world is not the world in which we have-It is not an easy job. and I place no leaders on the Energy Committee and on been attempting to live, as he has in-preconditions on my efort at coopera-the Budget Committee.

j dicated. But we have the spirit and the tion, but I earnestly hope that the Prest-I have stated from the beginning that fortitude to mold our Nation to St the dent and his advisers wiu take account any program denung with energy has to t

realities of the day. and we will be a of the views that we express on our side have broad support, has to have biparti-better people.

of the aisle here in the other body, and san support. I have seen it mantfested Mr. Fresident. I yield the remainder throughout the country. and try to in the Senate; I know that it pays. It of rny time to the Senator from Call-synthesize a broad-based, genuine bi-is the only way to reach consensus, to fornia (Mr.CsAssvow).

partisan polley. I am wilung to do that, have members of both parties join in Mr. CRANSTON. I appreciate that and I hope the President is wilung to worting out a solution.

very much.

do that.

~

So, as far as the Senate is concerned.

Mr. President. I concur very strongly I am wining to consider and to adopt I want to say that I am proud of the-in the statement of the maiority leader programs and proposals about which I demonstration of cooperation and non-on the President's speech and his recos-may not be wholly enthusiastic. in defer. partisanehtp on the part of the minority nation of the legislation that has already ence to the need to do something. I am in deanng with encrgy issues. I know been enacted or is in movement in the willing to lay aside apprehensions and that the minority'!eader is to be con-Congress that would fulfill siswhent concerns I misnt have about some pro-gratulated on what he has just stated -

portions of what the President talked grams provided they lead to a coherent, and I am satisoed that that redacts the

about, i

combined energy program, with reason-President Carter spoke out as a leader able prospects of success.-

opinion of the minority as we approach last night, forcefu!Iy. clestly, eloquent.

What we do today and in the weeks this common problem. because we are going to have to manifest statammanahty ly. The energy program he set forth is and months r***W" of this session al-in dealing with the problem that is of sound and strong and in keeping with most surely is not the last word that will such vital interest to the American peo-America's size and strength, be spoken on energy in the Government ple, and that so vitaHy afects the econ..

The test will be the President's abt!- and it is not necessary that we achieve ity to lead Congress and the Nation now. absolute perfection in our eforts. So I omy and our own national security. I His success win be our success. Els fail. am declaring. Mr. President, on my owst hope we can join in arpporting the Pres.

. behalf and Ihopeon behalf of ourmany, ident whenever we feel that we can sup-ure w13 be our failure.

I believe that all of us together wiu I believe most. Neublicans in the Sen-port t:2. He needs the help of the peo.

be successful. I will do what I can do ate, that we are we.Q1g to start from ple. P d I think, in this moment of help the President.

scratch and try to enact t. worthwhile common concern, we should show that program for America.

common understanding and support that the President needs. and that the RECOONITION OPTHE MINORITT I do not abdicate my right to critic!24 Nation needs II.ADER and cricque, suggest alternatives. to dis-I commend the minority leader, and agree and disavow any parts of such a

'Ihe AC'I'ING PpmmENT pro tem. program that are clearly anathems to I commenr1 those Members of the mi-my principles and nority who have demonstrated this kind

~

pore. Under the previous order, the mi.

nority leader is recognized.

ing to start from benefs but I am will-of stata=manship a;l along on energy scratch. to lay aside matters.

Mr. BAKER. Mr. President. I thank the animosities and conf!! cts that have I do not complain about those wh? dis-the Chair.

characterized this debate in the Mst agree on either side with the legislat:w:

I and try anew.

we have passed. Where they have dis-l PRESIDENT CARTER.S SPEECH Mr. ROBER7C.BTRD. Mr.Presicent, agreec. it has not been in the spirit of will the Senator yield?

Mr. BAKER. Mr. President. I watched Mr. BAKER. Irie!d.

paretaanship. but simply because they the President's address last night, as I Mr. ROBERT C. BYRD. Mr. President. did not see eye-to-eye with the majority am sure most Americans did.

I commend the distinguished mmority as the matter was molded together on both sities of the alsle in passing i

I was strucic by his sincerity, his da. leader on the broad and oblective ap-legislation.

sire to publish the urgency of the mo-proach that he has outuned as far as the So I am encouraged. But de minority ment, and his formula for solution to minority is concep.ed; He has recognized leader did not need to say what he said an anxious Natico.

that this is an American problem, that it,so far as I am copcerned. because I have -

l I commend the 1% 11 dent for mak%r

!s not onein which there should be parti-the address. I think, by and large, he sanship, and I think this is statesman-seen that kind of cooperation all along succeeded in ecnveying his concerns and ship as he has expressed it.

in energy matters. I have no doubt. and had no doubt, that it would be forth-anmettes. I beneve his call for national 2%r my part, let me say that the mi-coming in the future as wen on this suppcrt for his energy initiatives will be nority in the Senate has, an along, as we subject.

widely accepted.

have dealt with energy issues, made its Mr. BAKER. Mr. President. I thank Per my part, while I do not agree with share of the contr:butions, has given its the majer:ty lesder. I add only this:

every aspect of the President's pro-support. There have been diferences on I never dreamt for a second that I posal, and while I disagree with some that side of the slaie, just as my own side needed to make these representations parts of it it occurs to me-and I repre-of the aisle has been divided on energy to the majority leader. I have never s

I

July M,1979 CONGRESSIONAL RECORD-SENATE S 9463 known a =an who had a better and (The fonowing proceedbgs occurred serger service with massive funding be-clearer understanding of the essent,e of Iater !n the day and are pr'nted at tas enger service with mass Ve funding be-this institution and the necessity for point in the Rscono by mantmnus con-ing directed toward capital invescnents bipartuan cooperation. As we often have sent.)

in track cars and engines.

expressed to each cther on this floor.

Mr. RANDOLPH. Mr. Pres: dent, I ast Sixth. Imposition of a tax on oil and the mat *er of leadership in the Senate m*'imous consent *.o set aside the Pss-gas producers which resultant funds will is a jomt undertaking. While he, as the tore rule to give me the opportunity to be used for Gover- -ant-sasisted devel.

majority leader, has the primary re. maka a very bnef sta*mt, which I op=ent of alternate for~3 of energy. A3 spensibility. I recognize that I. too, have released last night. per the request of cer. discovertes to be in the public domain-the responsibi'ity: and 30 it is with tam =edia sources in West *;".rginia, fcl.

Seventh. An import curb on oil of 1 major issues.

Iow!=g the address of the President.

percent less per month than the preced-Mr. President. my remarks today were The PRESIDING OFFICEL Without ing month-commencing August.1973.

directed to the White House, primarily. objection it is so ordered.

Eighth. An ene.Ty stamp program to

'Vhen I expressed the view that. not, assist the Natien's poor and eMerly in ent d me2 utuhy and m-withstanding our disagreement and fail-COWTNT ON THE PRESIDEN'I"S p d[n bills.

ure of cooperation in the past. I am SPEECH i

willing to start from scra*.ch, I was in Dese are the nutcrackers that, cir*

no wsy referring to the majority leader Mr. RANDOLPIL Mr. President. our cumstances demam*ad of last night's but, rather, to thrwe in the execuute President spoke as a t%mmander in performer and today's Namon.

department.

Chf af should speak. His words were force-Until they substantially come to pass, Mr. Preatdent. If I have any time re-ful and challenging. He pleaded with deception rather than conservation, de-mening. I yield it to the distinguished loyal Americans to join with him in a ception rather than produation, and de-Senator from 22 mas, purpose that we have democatrated in ception rather than innovadon remains ne ACO PRESIDENT pro *.em-other words.

Ze corners *.one of n enem pol!cy. To pore. The %tne from rimas has 3 Overseas suppliers of on heard Ji==y this extent. Congress and both political minutes ramen.

Carter say "this far-co more." Coal was parties can share goat's horns with the Mr. DOLE. Mr.' President. I have lis-trst in has hst of needed alternatives W Mh tened with interest in my omee. to the petroleum. He fun 9 ham'=d coal as our The American people want the truth d!Jtingutshed minodt7 : ender and the most shundant fuel. Pruident Carter both as to satusuon and response. Por majonty leader correctly urged conservation.

the last 5 years and that includes last j

As the ranMnh RepuhHean on the Ben-He is in troubled waters but he gam night. they have been given litus of a the pmmise ha' wonM hold the mdder N.

ste Finance Committee,in which we are wnh a stmng and steady hand. His call H few d a cught abat Wu Healtng with some of the issues and some for city nderstanding.had wMk and on to Mr h maybe mom M Wr cost-cf the problems enuwtated by the Prest-sacrifce will. I believe, mobilize the stituents could remain in theirs.

dent, and as the chaffman of the Enem Amedcan people. Ms addras was, in Wd M ths.wn% my ume.

also indicate a w.e Policy Committee. I my judgment. his most forthright and ef-1 Committee of th m

"* to cooperata, w message since he beccme Presi-NUCLEAR REQULATORY CO3GCS.

I *.hink the one disturbing factor in g,

the President's remarks last ntsht was SION AUTHORIZATIONS that every program he mennoned caHs

'Ihe ACI'INO PRESIDENT for more Government action. I hope that RECOONITION OP SENA'ICR pore. Under the previous order, eSen.

today. In ranaan City, we will hear the WEICEER ate viu now proceed to the casidersmet President of the United States talt about

'Its ACTINO PRESIDENT pro tem. of S. 562, which win be stated by title.

Se DMrste sector.

pore. Under the previous order, the The second assistant legislative ciert He talked about the greatness of Senator from Connecticut is recognited read as foUcws:

America and the ensis of conadence. It for not to exceed 15 minutes.

A blu (8. Se21 to autnortre appropr:suons seems to me that one Qing that needs to the Nuclear Reg'datory Camm^n in ao-to be underscored !s that we wtH solve cortiaece with section 261 cf the Atonge this problem not with more Government THE PRESIDEYl*S SPEECH m:ergy Act of 1954. as ac:anded, and section pmgrams. necesarily but with a rededi.

aos of the Energy Reorgannauca Act of cation of the private sector.

Mr. WEICKER. Mr. President. last Im. as amended. ane for otner purposes.

night. a President of the United States.

I noted that there was almost a com-

.Ihe Senate proceedM to me h plete isch of reference to what we could

',ho mn 8 ras t'

' bill. which had been reported from the gg and ou do in the pnvate sector so far as short-Committee on Environment and Public Amedcan peop a to push htm back on Worts with an ame*'dment to strike all term production is concerned. There are a tract for N. R !s my extenton a numoer of thmas that can be done in after the enacting clause and ! sert the la mMn!nt dat what cdsts of cm-goigg,ggg the stort term, through the private sec-ndence exists, ex:sts not with the Ameri-mI tor. Sat wtH msure increasM domesce can people but among the I!shtweights supplies of oil and gas. It :s my hope that ancvrow 101. (a) ':ters !s hereby author-that are the President and his White imod to be appropr.ated to the Nue:= %

the President will address these matters EMae Coterie.

today in Eman City and Detragg, u storf Canmhon in accordance With the I suggest that instead of the "I goofM prwta:one of section 2e1 of the Atomic En.

Cercamtv. Congress is cooperating; the but you pay'* spproach, Preskient Ca..

erry Aos of 1964 me amene.se, and seet:ca minodty leader. Is cooperating and is ter pay the pnce of accountability by aos or the Energy secrannamuon Act of Gng to coopemte. Right now. In de removing Nmwlf as a candMate for re-M. aa ="%

fw the ascal une 1230 the a a t 8373.300.000, to r-main aracas:e Mnance Committee, we art working on electon Qus fre@g hhself to do h a y up pu ar so N7 to any N[to

[pp

[ "'

• o er enti ed su e an te eso.ucon of We emnt27s W not more taan 457.0e0.000 may W usett dent ast night :s e!ther in the mHZ n energy problems. Such acts. all of which for "Nucient aeactor assuiscon -

Ccngress or can be done without legnala* have my uns:aliSed support. should bt:

m not more. nan 441a00.000 :n' r be used a

t V6 action.

Mtst. ImmMiste 'e'%y gasonne fCE "tnapac*.1on anct Enforcement": of the My potDt is that the key word should rationing by coupon.

t tal amount approprtsted for this purpose.

De "produccend-produc". on th!Vugh the Second. Immediate ban on all credit 44.584.0o0 anan be stanacle for support for Ma napectors for the Reeldent private sector. I hope that in the weeas caZtipurchases of gasonne.

and months ahead. Congrees and te Third. Immediate decontrol and de~

t31 not [n an sis.:70 000 ma# de used President will understand the need to res : latten of all otl and gas.

for standar1 nevecomenE:

turn to the private sector for a more com-Fourth. The H!ghway Trust F:r.g te f 4) not more than s:s.scs.oco may be used fe -Nuclear araterial Sarety and sate-plete energy program.

made available to au for=s of tmnsp-suards*: W the total amount appro.

I

• hank de distinguished =incrtty tation.

a t ; =.y, g g g,ne,pr"aa.e4

. g-

ender for muing.

r.f2. Naumanmem of a:2 mii

.s-a l

S 9464 CONGRESSIONAL RECORD-SENATE July 16,1979 agement activittee. Includir,g support for accountable to and under the direction of ston a plan for emergency response to an See additional positions in tne D17tston of the Con mtuton. If the amount of Such eXtraorcinary nucleat occurrenCO. and to an Waste Management for implementation of placement contract. o* modiacation is 81..

event or sequence of events which signif.

the Uranium Mut Tallinge Radiation Con. 000.000 or more, approval thereof shall be 1cantly incr==aan the likelihood thereof, as trol Act #Public law 35-404, 42 UAC. *301 by majority vote of the Comm*1on. Prior esca suca facility within the State. *:te et seq);

to affording any approva11n scoordance with Commmlon shall review each plan for coo 2

<3) not :nore than 4185.5 0.000 may be this sut:eecuou, the nytowing body den. pliance wtta the guidelines employed prior used for." Nuclear Regulatory Ramsarch'*1 of ignated hereunder shalt determine that the to the e.".ac~ ant of this seccon in afording the total amount appropriated for this pur.. pisoement, contract, or mod 1Scation con. or w$thholding concurrence in State radio.

pme. 64.400.000 shall be available for imple. tains a detailed description of work to be logical emergency response plans. In the mentation of the Improved Safety Systems performed, and that alternative methods of event the Comm*lon determines that any Research plan required by section 205ff) of tas Energy Reorganizat!on Act of 1274. as obtaining per*ormance, including Compou. such plan does not Comply with such gulde.

t17e procurement, have been considered.

lines and the State fails to correct such r.on.

amenced, and SS.700.000 shan be avellable for Nuclear Waste Researca acutttles:

Sac.102. Mcnlee received by the Commis. compuance within sia months of *.he date of aton for the coopersure nuclear researca enactment of this section, the Comm*te"t f 6) not more than $14.925.000 may be used programa may be retained and used for aban cause suca determination to be pub.

for P'ogram Technami Support"; of the total amount appropriated for this purpose, salanes and expenses associated with those 11ahed in the newspaper of patest circula-64.238.000 sus 11 be availaole to the OtSce of programs notwitharanatt g the provtalons tion in such State, and shan order asch such State Programs. Lncluding support for eight of section 3817 of the Rettaed Statutes (31 facility to terminate opersucc unt.1 a plan additional positions for training and eastat. UAC. 684), and aben rema!n available untu' la submitted which the Cornmmen deter.

expended, ance to State and local governmenta in mines to be in compuance w1*.h such guide.

Sac,103. Transfers of sums frons salaries Unas.

radiological emergency respones planntn g and operations and for rettew of State and upenses may be made to ocer sencias (o) As soon sa practicable. but not Inter plans; and of the Qovernment for ce performance of than sia months from me date of enactment the wort !w which the appropriation is of this esecon. the Commaatem shall by rule (7) not more than 630.690.000 may be used for " Program Direction and Artmtnts.

made, and in suca cases the sums so trana. premulgate minimum requiremen's for State tration"; of the total amount appropriated ferred may be merged with the appropria, plans for emergency response to an estraordt.

t1G1 *4 which transfernd.

nary nuclear occurrence. and to an event cr for this purpose. 6400.000 shall be available for support of eignt additional positions in Sac.104. Notwithstanding any other pro. sequence of events which signiacantly in.

the Divtston of Contracts. Occe of Ad.

vtston of this Act. no authority to make pay. cnasse the 111e11 hood tamof, at each utuisa.

ministration.

monts hereunder shall be effective except to tion fac18ty 19amd to operate within the (be No amount appropriated to the Com. such extent or in such amounts se are pro. State. Suca requiremanta shall assure pro.

mina nu pursuant to subsection (a) may be vided in advance in appropriacons Acts.

taction of the pubuo health and safety to Sac.105. The irst sentence of secuon 234 the ma" mum utent pracucable. In the pro.

used for any purpose in excess of the amount expressly authartaed to be appro.

s. of the Atomic Energy Act of 1954, as mulgsuon nquired hereunder, the Commis.

amended. Is amended by striking au thag sion shan spectfy a period for expeditious priated thenfor by paragraphs (1) fonows " exceed" the *.rst Mme it appears compilance wt*h such requirements. Pending through (7) of such subsection if suca and L=serting in usu thereof the f for each such violation..ollowing! the promulgation required hmunder Ce excess amount is greater than 8500400, not "1100.000 Commtmaton shan determine plan adequacy tsar the amount available from any appro*

priation for any purpose spectaed in such Sac.106. The Comwaatan !s authortzed as nquind by section 103 e. d ce act on the paragraphs be reduced more than 6500.000 and directed to entar into a contreet for an basis cf W guideunes employed W 2 the unione.

Independent rettew of the Commtanton's enacment d mis ser. ton in N!ng w (1) a perted of forty.Qve calendar days mamapment structures procesese, p withholding ccacurrence in State radiolo.

fnot Lncluding any day teL whica either dures, and operauona. De review shan in.

gical emergency response plans.

House of Congress is not in session %=a*"**

c!ude an assessment of the effectiveness of Sec. 2M. Min su mith W & M M au levels of agency management in carry. 1acmans M this secen. the MmMM of an adjournment at more than three

' Ing out the Commtaron's stesutcry respon. shan Dy nle promulgate a plan W agong ca:endar days to a day certain or an ad*

journment sine dien has peased after the sibtiittee, in developing and implementing neponn 2 an W nu N m w.

recerpt by the Committee on Interstate and poucles and programs, and in unmg the tence, and to an event or sequence of events Foreign ("hmmerce and the Committee on personnel and funding avanable to it. he unica sign 10 canny incnneen me nFW Interior and Insular Affaire of the House contract shan provide for submtaatari of a thenof. at a multamn faculty unneed of Representatives and the Comm!ttee on report of the *MfMa and recommendations under EMon 103 w 104 b. of the Act whica of the review to the Commtamon not later at a minimum providae for effective and ravtroament and rubuc worms of th.

Senate of notice given by the Commission tan one yea, ffom me date of enacemen onp.uaous procedurm for-.

containing a full and complete statement of this Act, and the Comminaron anau 1m.

(1) nouaca@n by me ucensee of any of the action propoemd to be taken and mediately transmit euca report to the Con. event or sequence of evente at such a facu.

grees.

Ity which may signiacantly increase the the facts and circumstances rolled upon In eupport of such proposed action. or gg,3 Ig likelihood of such an occurrence:

a) ese such Commmee sefcre me u.

Sec. 201. As used in this title-

• I""

an evem. -enc."a evems. '"*ommemel piration of such perted has transmitted to m me W ao Act shau mean ce e

the Commtmaton a written notiScation that (3) representation at the faciuty site there la no objection to the proposed 2

• e Tested with the authority to act on behalf "C#"

• nnce'* sh*t hve the -W provthd of the Comm!= tan:

Provided, however. That no addition to or therefor by.Jetton 11 J. of the act; and W c mmunicam among @mm%n (3) the term "utuisation facility" shan hes@artere, the Ccmwamn gnal W.

reduction from the amount erpreesty su.

thorized to be appropriated for any pur. mean a facinty described by section 11 cc.

Ace Commt-tan npnoontauves at the facu.

pose in accordance vita this suDesction of the Act which is ucensed to operate under ity atte. the Governor of the State of situs shad reduce the amounts avausble for the section 103 or 104 b. thereof.

, and other appropriate State od!ctale. and Resident Inspector program. %e=0 Weste Sec. 202. (a) Section 103 of the Act ta senia management occen and operate per.

amandad by adding'at the end thereof the sonnel of the ucenseer Disposal and ifanas Z.: ImprtMed 8dety fonowing new subesetton.

(5) comprehenalve and deanitive ment.

Systems Researen. NMaar Waste Rese' arch.

g gggg ggggg tortag of radlauon levels within the bound.

the CSee of State Programat and the Omos U"

of Mmtmatration spec 13ed in paragraphe operating 11conset for a utuisation faciuty (1) through (7) of sunnection (a),

subcutted under th!a secuen, the appucant (6) function of the Chairman as epokes.

j (c) No amount authortsed to be approprt* aban provide the plan of 2e State of situs man e

3 n accadann M sted by this. Act may bo used by 2e Com* for emergency response to an extraordinary "I

• M*"***

mission to nuclear h

. and to an event e IIO* ^#* "

• • • • • "^

(11 place any new wort or substantial sequence of events whica algniacantly in.

(7) making recommmMations on evacus.

creases the liketthand thereof, at each utuisa. Wa; and modiacation to esuting wort with an.

other Federal agency, or tion facility. Including the subject faciuty.

(8) acquiring faculty design and con.

ucensed to operate within suca State under etrucuan mformanon. equipment, and toca.

I21 contract for research services or Inodify such a contract this section or section 104 b. of the act. No nical esperuse.

suca 11cetseat 'l be issued unleen the Com. In the promulgation required hereunder.

In an amount greater than 6800.000, unless ston 's eatst. t that euca piaaradequately the Commtaanon saan spectacany determine such placement of work. contract, or modi. protects the p. to health and safet7.*

whica procedures shan be implemented by Scation 's approved by a Sentar Contract (b) As soot

.e practicable. esca State majority fote of the Comm'nalon. and which Review 3 card to be appets.ad by the Com. wheretn a uswzauon facinty has been shan be 1mplemented through delegatio mission within 50 days of the date of en.

actment of this Act. suca soard ahan be Ucensed to operste as of the date of enact. authority.

ment of this act aan submit to 2. Commis.

Sac. 204. (aj section 1:o of the Atomin

July 16,1979 CONGRESSIONAL RECORD-SENATE S 9465 Inergy Act et 22s4.

a=enced is amenced communicauon desween each uuuzauon fa. Commianlon and the Environments! Protec-by cr.anging *he Caption thereof to "Indem.

cility Mcensed *o operate on the date of tion Agency, in consuatation wi'JL the bec=

cahcation. Financ:a1 Protection. I. imitation enactment of this Act, or thereafter, and retary of Health Education. and Welfare.

]

of I.lantilty, and Emergency P.seponse.". and (1) Commission headquarters. and shau evaluate the fesalbutty of epidemio=

i by adding at the end a new subaection q. as (2) the appropriate Commisalon regional log: cal research on the healta effects of low =

fouows:

cSce.

level tonizing radiation exposure to ucensee, i

"q. Within 100 days of the data cf enact.

(c) W'. thin ninety dare cf the date of contractor, and subcontractor employees as

=ent of this subsection, the President shall enactment of this Act. *he Comm'selon shau a result of-i prepare and publish a National Contingency prepare and transmit to the Congress a plan (1) the accident of March 28.1379, at unit i

Plan to provide for er;edittous, ectetent, and for remote and instantaneous monitoring two of the Three Mue mand Nuclear Sta=

cocrdinated action to protect the public of each princ pel component system of a tion in Pennsylvania 1 health and safety in case of an extraorcnary utilization facinty which is designed to pre.

(2) efforte to stabilize such facility Or re=

nuclear occurrence, or an event or sequence vent substantial hes;th cr safety hamda or duce or prevent radioact17e releases there*

cf events which signiacantly increases the to measun radioactive nienses to me St.

Domi or likelihood thereof. at a utilization facility mosphm.

(3) de W deconew, decomm!s.

ucenaed under section 103 or 104 b. Such Sec.206. (a) The Commienton is authorized sion, or repair such facility.

]

Plan shau include, but not be *1mited to-=

and dancted W uneake a compnhens14 De nport mquimd by such seccon sM l

"(1) designation of an interagency task investigauon and study of the 1mpedimente include the resulte of the evaluauon required

)

force. Including but not umited to the Com. to expediuous and nuable communica@n hmunder.

mission. 9thtch stan be the lead agency, the among Commt=1on headquarters, the Ccm*

(D) Section 5(d) of the Nuclear Regulatory y,ders! Imergency Management Agency. -te misalon regional oSce. Commisalon repre. Commlaston Authoriantlan Act for Placal Environmental Protection Agency, the De.

eentatives at the faciuty site. senior mnage*

Tear 1979 (Public Law 96-601). la amended partment of Health. Education, and Welfare. ment odc!JGa and operator personnel of the by striking " September 30.Wf9 and insert.

the Department of Defense, and the Depart. ucensee. and the Gonrnor of Pennsylvania ing in usu thereof " March 1.1200".

ment of Energy, and conalsting of penannet and other State oScials. in the thirty day

'eho are trained, prepared, and avatlante to p diately following the accidat

'P.'.e ANO PRMM pm tem.

of March 28, 1279. at unit two o' the nroe pore. Debate on this bill is limited to Q.de necessary amme to carry out me Mue Island Nuclear stauon in Pennsylvania. 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br />, to be equally divided between i

"th asargnment of duuss and responsa. Such inneutanon and ndy shau incude, and controlled by the Senator frozn i

but m de umited to, a demminacon of stuuss unong Federal departmenta and Colorado and the Senator from Wyo.

% g,,f*'g P j'yg

" *" $ ming. with 30 Pitnutes on any amend.

agencies: Pronded however, nat the Invt.

g ronmental P-otection Agency saan have the cations technology.

ment in the $rst degree. SICept a MCOov.

responsibility for radiation monitoring out.

tb) ne Comm =ian shnu report to the efn amendment on State veto of nuclear id$nti$u"on of a Congrue by January 1.1980 n the andings waste, on which there shan be a 1. hour is clat of the lead agency as tasa force coorcunator as the of the innstigmuon and 8tud7 required by limit; a Kennedy amendment on reviser fact'1ty ute.

the pnceding subsecuan, actuding recom* of construction permits, on which there

"(4) ests'atishment of a national center "****"*** ** "'"***" "'IM*"

shall be 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br />; a DeConcini amendment to provtde coordination and direction in Plan "7re on special powers of NRC in certain an bo na in case o l

tmplementation; and

.maary nuclear occurrence, or an cases, on which there sha!! be 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br />;

• (5) identification, procurement. mainte-ennt, or sequence of snuts which signia. a Hart.Simpson amendmart, on which nance and storage of equipmat and suppues.

canur tneresses the timanhand thereof as a there shan ba ~ 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br />; a Johnstout no Presidens shau incorporate in the P!an utuissuon factuty. The Co===an anau amendment on moratcrium excavatic'.s required hereunder the provtalone of th*

implement as soon as practicable enca euen plans, on which thers shall be 40 min pian of the Nuclear Regulatory Camm* fan recommanman nos requiring legislaun uteel and two Dole amendmente. on promulgated pursuant to secston 200 of the enactment, and shau incorporate the recom.

Nuclear segulatory erem = ton Authortas. mandauon in the plan for agency response which there sha!! be 30 mmutes each, non Act for Fiscal Year isso. To the max 1 promulgated pursuant to secuan 203 of this with.0 minutes on any amendment mum extent possible, the Federal rwponse Act, in the second degree, except a Bumpers to an extraordinary nuclear occurrence, or Sec. 207. Ia) The Commtatan to authorized awndment to the McGovern amend-to an ennt or sequence of events which and directed to prepare a plan for improving ment, on which there shall be 40 min.

I signiacantly increases the uhatthood thereof. the teenniemi capahtuty of ucensee personnet utes, a Hart amendment to the Kennedy at a u*tuncion factuty Ucensed under sec.

to safely operate utiuzauon facilities. Such amendment

• on which there shall be 40 tion 103 or 104 B., shall conform to the P!an plan ahan include specina criteria for more minutes, and a possible Johnston amend.

promulgated hereunder. The President may intensive training and retraining of operator i

pertodicany revise such Plan.".

personnel licensed under section 107 of the ment to me Mom alnendment, on (be no analysis of chapter 14 of the Act. and for the uranatnf of such personnel, which there shall be 40 minutes; with 10 Atomic Energy Act of 1954, se amended, is to assure-minutes on any debatable motien. ap.

amended by deleting:

(1) conformity with au conditions and re. peal. Or point of ortier.

"Sec.170. IndemnMe= tion and umitation of quirements of the operating ucenset Who yields time?

usbuity..

(2) early identicention of events or event Mr. BAK:'R. Mr. President. I note and inserting in lieu thereof:

gQ"$*e*u*n

$uct mat the distnguishM hator M f an "Sec.170. Inde=ntaestion %ne'ai protec. occurrence: and Colorado (Mr. HaaT) has not yet resched i

tton, umitation of nab 1uty, and (3) esecure response to any such event or the Chamber. I believe he is on his way.

emergency response

• sequence.

Since there is fairly short time for de.

Sec. 205. (a) Section 103 of the Act is The Comm1= ton than transmit to the Con. bate on the bill. I am goh'g to ask unani.

amended by adding at the end thereof the grees the plan required by this subsection mous consent that it be in order to sug.

fonowing new sunnectsan f.:

w1*.hin six months of the date of enactment gest the ab8ence of a quorum Charging that time to either side '41thCut

'*f. Each 11 cense issued under this section of this Act. and saan implement as expec'1*

for a uttuzation facalty shan require as ttously as practicable each element thereof Mr. President. I make that request at a condition thereof that in came of any event not requiring togislative enactment.

this time

• i or sequence at events an. suca facinty watela (b) no Camminatan is tuthorized and d1 may signiacantly increase the itkauhood of rected to undertate a study of the feastbtlity he ANO N pm tem.

an extraordinary nuclear occurmnce. the and value of ucensing under soetton 107 of pore. Without objection,it is so ordered.

ucensee shalt immediate. r so notify the Com. the Act plant manneers or utiumuon facu.

Mr. BAEIR. Mr. President. I suggest mission. vtoinuen of the condit:en prescribed ! ties and sanw ucensee odicars responsible the absence of a quorum.

i by this subsection may :a the Comm asian's,for operation of suca faciuttee. ne enmmta.

Ele ACUNO PRESIDENT pro tem.

1 asseretton consutute gr9unes for usense ston shan report to the magress within azz pore. ne clerk vill call the roll.

revocanon. In accordance vita section le7 of months of the date of enactment of this Act The second assistant legis!ative clerk this Act, the Commtman shau immed n ely on the 9ndings and recommendatio.ta cf the proceeded to enl1 the rcH.

amend each Heense for a ur aartan fac;;ty study required by tale subsection and saan

ssued uncer this section or section 104 s.

expeditiously unplement each suca recom.

W. H.C W. President. I ask mani.

which is in ecoct en the inte of enactment mondacon not.equir:ng leg:slative enact. meus consen', that the order for the of this secuan to inser no provisions re.

ment.

quorum call be resetnded.

quired hereunder.

see. 2cs. (a) In the conduct of the study The ACUNG PRESIDENT pro tem.

fbn As expedluously en pract2 cable, the required 17 sectica Sid) of the Nuclear Reg. pore. Without Objecton. it is so ordered.

Can *uton saan astatush a mer = mm for uintery Cn-twnn Authcr:sanon Act for Mr. HART. Mr. President. I ask unnni.

j

n.stantaneous and unir.

errupted verbat Fiscal Year ;979 (Puhuc I,aw M-4ol), the mous ccusent that the following mem.

v - i r-,,

59466 CONGRESSIONAL RECORD-SENATE hly 26,1979 bers of the staf of the Committee on reveal whether in ce past we have too emergencies at nuclear powerplac+4. no Environ =ent and P':blic Works be af-blithely underestimated the potential authorizacon bill requires the President Icrded te pr:70ege of the I'cor during r:sks of nuclear power and too blindly to promulgate such a plan. setung up a the consideration of and a2 votes on S.

Ignored the potential benents of energy Pederal interagency tast force with the 562:

alternatives. At the least, these investi. NRC as Ieed agency to facintate coord -

John Yago. Philip C"m m Larry gat:ons ahould help point the way to bet-na*1on.

Roth. Psul Leventhal. John Austin. ter restIation and control of civilian te NRC's response to the Sree Mne Kevin Phelps. Bin Donovan. Baiey norhar power.

Island crisis r"ee'~ d a disconcer*.*.ng Guard. James Asselstine. James Range.

De proposed Sscal 1980 authorization lack of preparation for such an emer-Jean Schrag. and Ke:th Glaser. as we!! for NRC refects the committee's re-gency. Dere was a delay in the arrival ss Sam Racct of Senator Morsarax's sponse to ITmedymg the weaknesses in of NRC's principal *achMe*8 experts ort I

staf; Peter Gold of my 3*,.aff; and J!n1 our nuclear regulatory structure. Ex. site. Dere was a delay in the availabil-Cuble and David Moulton of ma,afnr posed by the Three Mne Island accident. ity and coordination of support services.

Ezwxror's stag.

Ihr esample. the accident caused us to The NRC was unable to obtain and relay De ACTING PRESIDENT prs *.en>

question the adequacy of the Nuclear accurate and timely infor naHan Cer-I pore. Without oblocuan, it la so ordered. Regulatory Fammissinn's program for tain actions of the ut:11ty were unanticia l

ift. HART. I thant the r' hair.

Inspeetter operating reactors. In $ scal pated and unapproved by the NRC.

Mr. DOMENICI. Mr. Preident, will year IFyf. the ramminaims initiated a. In response to this set of cartuIn-the Senator ylejd for a, unanimous. con-resfdent inspection program that would stances, the authorization bill requires i

sent request?

station 37 inspectors at selected sites to the NBC to promulgate a plan for re-Mr. HART. Yes.

monita* the daily operaccus cf the rea sponding to nuclear emergency. 'Ibe Mr. DOMENICI. Mr. President'. I astr actora. Prior to Three Mile h!anet. the plan will inatsre prompt nat*ati-of mnimous ennarna that Charles Trs-Camminaian had planned to hire only 27 att emergency by a plant operator, bandt. W111 Smith, and Ben Cooper of additional resident inspectors during fa-prompt dispatch of NRC emergency re.

the Energy and Natural Resources Com. cal year 1980. Today's authortzst:en bin, sponse team to the plant.1te. swift and mittee stad: Rick Richards of Senator however, mandates that the Comm*1on accmate comm**H=

within the Jouxsvors stag. Psul Omman Steve drasticalIT expand its program by hir:ng NRC and between the NRC and respan.

Bell and George Famnnan of my stag 146 addit:ccal resident inspectors.

athie Federal. State and utility oSclala, be granted foor privilegea during the dia.

De committee expecta the resident and accurate monitoring of radiataan cusaton and tota on this :neseure.

'"=ada program will improve the ef. Ievels on atte.

De ACTI'1G PRESIDENT pro tem-factiveness of NRC by: First, providing Perhaps the most ain"Meane remedial pore. Without objection it is so ordered Incre opportmunes to oceerve !! censed, legislative measure spawned by-2ree Mr. DOAN I thank the Sese aestyt:1eer ansk seeond, giftng ther in-Mile 7tf anrt is the amendment *.osectiott from Colorado.

spector gInstar knowledge of the plant. 202 in the printed bin wthch my distin.

Mr. HART. Mr. Prealdent. a, paan.b. mhanctnr his ability to make prompt guished colleague, the Sanat" froca c2entary incuiry.

and accurate technical judginent.

Wyoming (Mr. Szursom and I ofer in The AcrING PRESIDENT pro tem.

In addiucc. the bill directs OAO to the forat of a perfecting amanrtment, pore, ne Senator win state it.

conduct, a, study comparing the advan-to am*n'tmant would :wquires each Mr. HART. What la the mandine bush. tages and diendvantages of the new rest-State without an already concurred.in ness before theSanater dent 'nana**a* progreat with the exist-plan to submtt an emergency response ha ACTING PFFEENT pro tamm int ressenalinspection program. Thus. plan. New operating licenses could nos pore.S.382.

this portion of the authorization bill be issued by NRC to plants in Statee Mr. HART. I thar k tha Chair.

begins te grapple with the tradittocal without an approved plan during this i

Mr. President, as chairman of the assumpcotr which under!!es the NRC's period. States whose plans fail to receive Subenmmittee on Nuclear Regulaaton of regulatory philosophy: nat the coma NRC approval for specmc plants within the' Committee en Environment and, marcial utinty companies, and not thel p E Qg{hg Q( ggggggggg g{g fggg g gggg.

Public Works. I am pleased to present Nuclear Regulatory mmmhion, should down of thces plants within their l

for Senate consideration S. 542. as have the principal respons1bility for in-borders.

amended. authorizing appropriations for surtag that licensed activities comply To facilitate the Commfufnn's review the Nuclear Regulatory Cnemwtan for with NRC regulations, of these State emergency response ph ascal year 1980. De NRC suthortsation ne committee's premtnas7 Inves-S. 562 authorizes 84.::38.000 for the Of3ce b111 represents a major element in our tiratiott of the accident also revealed that of State Programs, an increase of nearly oversight of the Cnmmtenton.

reactor control room perwM when 81.55 mill!on and eight positions over The Nuclear Regulatory C'=en confrontad by serious problems, faned tn the Cm*M"'s original request. New$

respond appropdately dur.'ng the initial sent to Congress a proposed budget of, sequena of ever.ta leading to the crists, upgraded emergency plan regulation

$373.3 m11:!on a 13.percentincrease over would be issued by the NRC by the end the estimated MaHm 3 for Sacal year Denetencies in operator performance in-of 21s 9-menth review period. Our best 1973 of $3::5.8 million. Da enmmutee cluded: A lack of vtg: lance in assuring informacon froct the NRC la that it can accepted the Nuclear Regulatcry Com. that the plant was operating in compli-do the job in the specided time and that mission's tctal request. although it re, ance with its Ucense requirernents, a fail-out amendment win serve as an action.

63ocated some funds with5 de total to ure to understand properly the reactor fcrcing maeha*= but not force the meet certain priority n:. a.

conditica, and a failure to respond shutdown of any nuclear powerplants.

I Mr. President the NRC au* hor %annn promptly and adequately to the emer*

Mr. Preefdent, as we look into our bill comes to the Senate in tha wake of gency situacon.

crystal balls and attempt to divine the Three M!Ie Island. the most serious nu-Therefore, the comunattee, in this biU. future for nuclear energy in this couna clear accident in the history of the civil directs the Nuclear Regulatory Commis-try se must seet solutions to proble=a nuclear power program. Prior to 'Itree anon to prepare a plan for improved based not on emotionaHy-charged rhet.

Mile Island, the enmmittee had con-trafutcr. retraining, and liceWu of re-oric but on dfspassionate, reasoned anala sidered reducing the Nuclear Regulatory actor operators. The plan w13 spec:S-ysis. nis the committee, through its in.

Comm:ssion's proposed budget increase. cal!y sddress the problems of emergency vestgacon. *1Il strive to do. Iass month In the af*.ermath of Three une ;atu 1 respcrJe training. Ce Cm"'"W will tha w ara authorised $401.700 for our however, we recogn:ced the urgency of also study tha femmhttity of Heensing cocuntttee's special 1-year invesugacon providing additional rescurces to meet plant managers and other personnel not into the tree Mlle Island accident, as the substantial respeet!!::ss arising Dow suhaect to NBC Heanamr. who haver investigation that should help the Sen-out of the accident. De Three M2e Is. authority to make decisions affect:ng the ate attain this objective with respect *a Iand acc: dent has triggered an exhaus-oWration of a plant.

future regulation and contrel of civinan uve reappreul of our r*Hanea on nu.

The Three MHe h!*rd accident also atomic energy program.

clear power. De results of the corn =1t-underscored the us=ediate need for a Mr. President. I per:sonaHy beneve tha*

tee's specia1 Senate.authcrized investigs-nacenal contingency plan which Instres it is unreal!sce and simplistic to suggess' t cn. and of other invest:gations, should cocrdinated Federal response to future that we can immediately term.nate nu-

July 16,1979 CONGRESSIONAL RECORD-SENATE S 9467 clear power, nere are currently 70 re-this bill, the Senate begins that process, planning study crequired under Pudue Law actors !! censed to operate in the United and Ihope begins it wisely.

S j h 'nd e Mf S'

, egn s

States. An additional 105 reactors are I ask imantmnus consent that a sum-st u dares.

under construction or are planned. E:ec-mary of the bill prepared by the comnut-wrc:.=AR MATEEM. SArTrf 4ND sarEcTanDs tr. city generated by nuclear powerplants tee sta be printed in the Racons at this me,

%,, a n satisfies fully 14 percent of this country's point.

The bill incluces an authorization of 129.-

electricity requirements. In some areas There being no objection, the sum-ses.ooo whien is equivalent to the commis.

of the country, particularly the East and mary was ordered to be printed in the ston's request. of tu total. 59.675.000 is for Midwest, nuc! ear power supplies between RZcoRD, as follows!

nuclear waste n aragement including ac.

30 snd 40 percent of the total electrical stnnuar or NecuAs Rzert.aTear ceux:3 urttles to !=plement tne Uranium M111 Ta11 output. Thus, although the future of szon rzscar. TEAa 1980 AUTuca:zaT:oM ings Radiation Control Act of 197 Pl.35=

nuc., ear. energy is at ye present time ag 604. To cover these activttles fully, an add 1=

wre:.raa tsacros nemt. arrow assertow tot uonal s700.000 la to be reanocated com

. east hazy. it is clear dat nuclest energy, tan a an within the program.

safely controlled. should have a future, no but includes an authorisation cf 187.*

no Cn ** Iw^n nquesud authorizados and that these reactors safely operated.

040.000, whten is equitslant to the Commis. of s:9.cos".oo"o for Nucinar stataist, safety can signiScantly Contribute to electrical ston'a rsquest.

and Safeguards. which is an increase of 83..

Power generation 13 the years ahead.

The Comm!asion requested 857.04000 for 32e. coo over *Jeal year 1979. The request Dis authort*ation bill can only re. Nuclear Reactor Regulacon. which 3 an provides for 297 people wtach is an increase spond to the most immediate problems. Inename of s9.526.000 over Sacal year 1973. of 3 paattons over asent year 1979.

Of course, much work reatna to be D'

"4""" ** #

his proeram provides for NRC 3 ensing f as " '

I done. Dere are no easy answers to the "gQCh 18 ** 18C"***

and regulanon of an commarcial nuclear ma-cornplex problems surroundhlg this T$e prtmary objective of this progmn is th"g

~

est mater' fro source of energy. But if we are to pro-the ensurance et adequate safety, environ.

tect the health and safety of a public mental ptuteet!on and safeguards in the 3 theft or canrston. n_a program addtuonany

,,,, g3 c.

og.s main focus for growing both :ncreasingly dependent on suance of cocstrucuoa permita, and operst-esforte in spent fuel storece and nuclear and anxious about nuclear power, we ucenses cisne p an waste management.

must search all *he harder for the g

posattons win support granter focus on such NUC:.saa asoUr.aTos? 'eman' (sucTso3t answers.

program ehmena u operauon ammetors, sostantsn nas authorization biH represents an Casewort, and Ta* n'eal Projects.

De but includes an authodsstion of $185 essential part of our Nation's efort to The as new positions for this ofBee win 570.000, which is equivalent to the Commis.

Insure that nuclear power is a safe provide additlocal effort to reduos the bact-ston s request. of me total. M 400.oco is for energy source for as long as we need it. tog of operating reactor amendment /ucens-fmproved Safety systems Research. and se.-

I reenmmend that the Senate approve Ing accona. NBC's oman unaine ***hd 700.000 is for nucient waste rummarch. '1b oover this bin as reported and perfected by tncluding paration ucense appucau ns.

these acursues fuur, an addluonal a3.400.000 umtted wara authorisanoes, standarcised is to be rennomted nom within the program, the enmmittee, dealgn reetown, and amendments to operating no bin prohibits nducuon of funds for Mr. President last night I heard the noenasa, has been growing, nere has been these purposes through the nprogranuntna President of the United States address a growtag bacasos or 'tcanaa==aadment man ant-n.

the Nation on the critical problem of ouF appucacons (an increase at too in calendar no en--,==saa requeswd authertsetion energy suppites and the role that they year lets alone). A total of 1. ass genarto of sise.s7o.ooo for Nuclear aegulatory Re.

play in restoring this Nation's selfcond, accone and 2.2s4 plant specino accons ar* search, which to an sacrease or s2s.270.000 dence. De President chose not to sd.

""*"7

" '"y#""'u ng h operaung ow naant rear 19m ne request provtdes for dress the complex issue of nuclear power.

7,,, $ ma be redumd W 1.M 4 ine puple equiment to me sta Eng lent for w

g mawrms am (m W or the e 8 dAI8* butit to This progma, which semants for mon 1st inn t3D this Senator, having spent shnost 3 years than half of the nanwnt==f an's total budget, no bus incindes an authertsstion of M1.-

constats of six major elements, the largess on the very difl1 cult issues related to the 200.000, which is equanlent to the Commis-of wnich 4 Ranctor Safety Rosentch.1rith an future of nuclear power tu America. that agon s request. of th!s total amount. MA44..

authortsation requess or s142.000.000, this we cannot address the energy future of 000 is to be anae w from within Inspection program se denloping analyucal methods America without thoughtful considers. and Enforcement to support les additional that can be used to assess the aatety of su.

tion of the role nuclear power win play. Rastdent Inspectore.

clear power m primary connnr. tonal We cannot address the future role thag ne cc== won requested an autheeza-ught water reneurs. ne sacal year im m.

nuclear PCwer will plat without, address-uon of Himm. W Inspectimi and En. quos M *.his pregmn is s21.s20m largu ing at the same time, the vety discult' forcement in f.acal year 19e0. which is an in. than that of " scal year 1979. and accounts crease of s2.274.000 our cacal year 1979. ne for incneasd costs asmodated with ete toss-problems that the T..ree Mile Island ac*

request includes support for 9 adaluonal of-Fluid Test Faciuty (LOlrr). This faciuty cident represents, and the very complex people.

to designed to invesugate the beharter of n.

issues of safety, proper inspection and The primary objecuve for this activity is gineered safety featurse under a number of regulation that surround the nuclear to assum. througn field inspeeuon and in-m'-w accident conditions, power industry itself.

neugacon. Qas nuclear reactors. fuel c%*

• Improud Reactor Safety Reneenh. a pro.

aC se a 88 8

Dat accident, which occurr9d just 3 gram elemmt intuated 'n Sacal year IS"9. is manner and in fuit compnance with NRC authartsed at 43.400.000 over the Cve"a-months ago, wa.S s* rude shock. partic* Ucename, rules and regulatione. The pu.rpose mon's s1.000.000 request. This 1rtu alicw NRC ularly to those who have felt for the Inst of the funding and permaanal increason for to proceed with the three-year Improved two er three decades that nuclear power this oclee is sne support of the second fun safety systems Research program submitted was one of the answers if not the answer year of the Nac's on-atte '-

pro-to congnes tn ascM rear 1978, to the future role of th!s country and its s m a.

energy needs. n at situation has eraws.aos navss.orurer <sscesow tos

<si t.n changed dramatically Mr. President, in

. cans" The blu includes s14.926.000, e ch is the last few weeks.

The bill includes an authorization of ste

• equivalens to the c~ni' "==<an s request. of We have not solved the pmblems 2m. wh2cn is equinzet to ce comuus-the total se.23s.aco is for the celes of state created by that accident: we have only 81** '*4*'8-Programs. including support for eight addl.

begun to consi Uutial attenp. der them. This bin is anto sedtwa those pre of year 1.0

• • "'I # **" ** # #

00 und ga,5= ",,',=a y,,g a= ";= = =,:

s.c

. whma ts a deema.e a stay.-

. ems and the new problems which w;H 000 hem sacal year 19"9. The request In*

m

,n n,e st1ons, and for reftty of State plans *

- hereafter be faced by the Government eluces support of tsy people. equitaient to mitud maat to seccon 202.

agencies and committees *. hat have fe. tr.e stading level for Sacal yest 1979.

specs:binty for requis:ing and contfoi.

Th1 g8 jg8j~g *h$i s1fas,00 s oS Nd una nu ar >=r-the j

Mr. ? ealdent I do not think we 'stH mat.caia from me stmepomt of.afetv..ue. a=ou=t dm=a-w mis >-

guaras, and protection of punue health and ne commi== on requested authorizauog solve this countr7's energy needs in the the environment. The decrease in t'm* g for et s14.73.000 for Program Technical Sup.

abstrSCt. or without addressing the dif-ascal year 1980 redects the compleuca in Ss. port, which 3 an increase of 8903.000 over dCulties of r.uclear power. ToCay, With cal year 1980 of the spacemiology feasibauty SacM year $9. no mquest provides fcr 244

t l

l l

S 9468 CONGRESSIONAL RECORD-SENATE July 16,1979 people, an increase of seven positions over NBC MawacrXENT STt"JT iszcT:ow toes ment of :nergy, and the Department of i

f.scs1 year 1973.

ne blu. requires the Commise!on to en. Health, heation, and Welfan, ne Wan raoctax starcrrow a:ro AnacIN:sTz4T!ow ter into a contract for an independent study wn14 also me apncy Msponsibh.

. istertow sousa m n of NRC's management structure, procesa, to provide comprehensive and da.,Uon Agency with the Env1Mnmental Mec no bt3 ' includes an autnert:stion of procedures, and operation. A report of the 17e mon.

sns30.000. which ta equivalent to the Com. fadings of the study is to be transmitted to 1toring outalde the fac13ty bot.ndartes, ne miselon~e request. Of the total. H00.000 is the Commhamn within 1 year of the date assignment of Agency responsib111 ties in pan to provide support of eight additional post. of enactment of the act, and immediately implementation is =os intended to add *o or tions in the OtSce of Adntstration. 0171 theMatter, subtnitted to Congnsa by *.he detract from es: sting statutory authorittee.

ston of Contracts, nia will nquire Mallo. NRC.

Finauf, the plan would.. stify a lead agency i

cetion of $400.000 !?ots within trocam D1 no Committee has ident!*ed $ number oscial as tant force coon nator, establish a i

reet:on and Administration.

of concerca regarding the effectivenees of national center for plan implementation.

t to Commtanton requested 130.890.000 for NRC's asnagement asructure. procese, pro. and insure the avaMabluty of needed equip.

Program Direction and Administratton, cedures and operation, nese concerns focus mant and suppuse.

which is an increase of r702.000 over f. scal on the of5ciency with vnica NRC manage Implementation of this plan shaKbe trig.

i gered by a detern:ination by the Commtanton year 1973.

Its resources: the strength of its contracts of a poestble or actual extracidmary nuclear ne request provides for 507 pos6t:ons, an and procurement Inanagement; the agency increase of 4 over Secas year 1979.

capability for criata management; the need occurrenm. puncont M Secuon 206(2). Such Two.Tzas acTuostsenow for improvement in coordination and com* a der'na"nn. Thich would also trigger N14C's own plan. La to be regarded as con = -

II munication given the agency's statutory Cluelve.

structure: and the effect veneen of NBC's m

na u

na Prealdant saan incorporate into the pa-===

- t-pa-a rir =th g p,=,,a1,. an,d,m,o, ded aumo,, -. omy regard to equai em,icyment opportuntty o,a - p a a m,nn,,om mis.sted under n

e -ency -op-e pian 7,,

the enmmt na Commwon*e proposal woulcL have oon 20 n e,seera n sepor. e m m accleent authortand such suma as may be na= mary erars mammenweraasrowns Fr.aws as a nuc!aar generating faculty is required *o for haces year 1981. However. detailed budget csscTrow soss conform.to the national plan to the mazi.

propceals were submitted only for Sacal y,gg E!fective upon enactment. this provi91cn mum possible extent.

1380. Without the benedt of comprehensive pronibt's the issuance of a license for a new

~ - -

woTzymar:nw. consiscwscarzow.

a budget justlacacon for multi year author, nuclear generating facility unless the Come awn asoargroento (sucTrow sees tzauona, the committee continues to support m1aston is satteSed that the State emergency ne bul amands the licensing requirementa annual author 12acona.

response plan for that facC1ty as we3 as of the Atosmo Energy Act to furthat require sectrow to a tbi-asr=="e~s each other fa@ Nnsed M operate ne wnmittee has provided a mprogram* within the State adequately protects the emnearm nnew= g me N3C by a plans operator in the evens or t2m fMraHhood of a public health and safety. F'Irther, each State mang 'nachan'am whic2> appues to any na4*

• artraordinary nucisar occurrencal' Failure locauon boswean program odices spec 18ed 128 where eucts e fac1hty is currently uranned to provide such nottheation could result in persgrsphs (1) through (D of section 1(a) to operate is tRoeded a period of up to six months front the date of enactment to ob.

ry,n, rsna of an ope: sung l10ense.

no enenm an a is naso directed to estah=

resultind La increasing the amount alzowed e

tam Com*=mion approval of its plan for re. Han a means for instantaneous and uzz1 ster =

)

for an cece by more than 4600.000 or in de*

epondmg to an emergency as each factuty rupted verbal comsnumonston bewteen a nn.

l creasing the amount by more than that om.

't Such a reallocation is contemplated. Os Within the State, or face a Commtmatan order communa is requind to nacify the soane directing the shut-down of planta within clear power plant and the NBC durind' En the state.

esnergesney Committees on Interior and Insular Adatas no cmm nasan is also directed.within 90 e

and Interstate and Foreign Commerte and 3, f.3,qm,aa'an la directed to promulgate days of ecurctment of the bill to prepars'and l

mtatmum the Senate Environment and PuMae Works requirements for State plans transmit to Congrees a plan for reasote and

)

""-nittee. Nouficauen muss include sup. within 5 months of the date of enactusent. Instantaneous man.itoring by the NRC of the port for the action intended. If 45 calendar Pending promu:gation of the minimuns re-principal satety Instruments and ra'"ama 1

days front receipt of tMa noti $ cation esparea, quirements, the Comminston is directed to maatame at all nuclear power p& ente.

or the Commi='an recatres written aseena rely on the g zidelines employed in the vol.

wwanercv coaraswrtcaTrops asront from each committes prior to the expirasson untary concurnnee program in ama== ming of this period, the P^m""mafan may proceed the adequacy of state plans. In promu!gst.

(sucymse g with the reallocauen.

Ing these requirements the Commtanton is compnbensive tnvuottgshn and study i

required to specify a perted for expedit:ous

• • • d* b costraaer wawaa-virr (secTroar te n ret )

,,,g,,,

d compliance by the states in meeting thcae,,,,,,,,,e ne btu provides for an addfttenal author. requirements, g 23,,,,3,,,en,.m,m,m,am, instion of s400.000, to be used for eight add 1 wac==necT azarovaa ruar tascuoer cws. Doense oscere and personnel, and the ttonal positions in the Uvtston of Contrac'J.

Governor and other State oscials in the 30 seal Odtco of emmetrat-. to address contreet day period following the accident of March monitoring and contract close out detteencies NBC to directed, within e12 months of the

28. 1979 at the nroe Mlle Island unit two at NRC. nts additional funding would be date of enactment of the DG1. to promu!gste, nuclear genersting facility in Pennsylvania.

rennoested from within the amount provided by rule, a plan for reWding *4 an dez.

De invuottgation and study must include a for the purpose of P*or'stn Dtrection and trsordinary nuetear occurnnce/* as dednad determination of the need for :mproved pro.

Administratton.

in tbo Atomic Energy Act. This plan will es.

cedures and for advanced *aregy.

tabilah procedures for fac!!!tation notif!ca.

A report to the Congress on the indings of

{

The bill alan requires tt e establ1& ament of taon.Informarem. gathering and communica. this invuotigation and study la due by Janu.

a Senior Contracts Retteur Board which will tions; for operating an NRC emergency ocm. ary 1,1980. T2ne report is to include noom.

i revtew sad approve et! arrargements wit 2r mand contas' and for dispatchmg high.Isset maad*Hans on any mammutes necessary to i

cther Pmierst sgencies and au contracts ter NRC representatives to the alte of the dam. provide for expendattous and rellaMe com.

research seretcas. and mod 1Scations to es:st. aged reactor: for mamng -- -- - -- -dations um"aaMans 17. the event of a future accident Ing contracts and arrsa:rements. In amounts on eveenstaont for formal vosos by the Com. as a nnclear genersttng factitty, Each recom.

greetar then s500.000. ne r'ammtmalan steelf mwan on any emargency decasione: for de. Inandation contnamed in the report that dose la required to approve auch contracts and !!ning the rola of the NRC Chairman es not require new legislation !s to be imple.

arrangemente and mnM"catione in amounts spammaman for the rammiaanan durtng an manted as soon as practicade as won as tn.

greater than 61.000.000..n either case, the emergency: for mobilising expert aaelstance cluded in the emergency response plan of the approving entity must determine that there frca government and non.gover9mant sec. Cnemtanion promu!gsted pursuant *h sec.

ex:.sta a detailed description of the vert to be tore; for maintaining key fac111ty design, ticsL 203.

performed and that alternative methods for constructics, and other information on nu.

gyssasos tsacNINo, a2.sanrtNo. AND on'Mn mg performance of the wart Sago beauk clear power planta and for maintaining a !!st ermunro tasc::cle 2e73 co " dared, of equipment and *.schnical expertence that INemasse orcuvu reNar.Trsr esse.2eir tes, may berequired during an amassency.

itRC la directed to prepare a plan includ.

ing enterm for 'eved usinmg. retrain.

The b!!! amenda section 234 of the Atom!c NarmWaf. coarrmosNc7 rtAN (sEcMoor soO ing, and Ucensing programs for reactor oper.,

Energy Act of1254(1) by incrasains theumit he provteson requires the Freetdent to atore.

on *.he amount of civil penalty which may be prepare and pubilah a national contingency naso programs are to emphantas emer.

imposed for a single violatton to $100.000 plan. This plan. which the Freefdent could gency respones traNng and to direct stten.

!!om the present level of $3.000: and (Q periodlemnly r=rtes, would include designs. tion to aneurtng that the piant 's ope W by eliminating the cellng on the aznount of tion of an interagency tant ! cree heeded by in accordance wtth the requirements of the 3pnelty which.uay be sanoesed for continning the Commtmaion and including at a ent=1 plant 11cecas. At the same time. NRC la violations. Present 'aw provideo for a mart. mum the Peders! Etnergency Management directed to study the feasiblity of limnamy mum penalty of ass.oco for contznuing vto. Agency the Enttronmental Protection Agen. plant managers and ocer utuity penannel 1staans within any so day period, ey, the Deperiment of Defense, the Depart. not now sub;ect to NRC ucensing who hus l

l 8

t July 26, 2979 CONGRESS 10NAL RECORD-SENAn S 9469 m eo,ny m ma.e o,e,sen, deci.on, af. eon. P.ala raw n-401 so. daseted the sm d m - =endan== asuned = **

fecung '.r.e plant. N1tC :.a to report back to Executive Director for Operations to report study.

Congrees in nota arena within 6 montba er.er to the Cnenm* ton at aamtannual p @ !!4 ALT 3asrATE MI. CM.s NWAMaf the bin la enacted.

Insstings on the proelerna, progrou and status of the C==e's ;rogram.

ne NRC Authertzstion Act for *.acal year taw-Lavsm, aanzarmar f art.ost sees no committee is concerned that no addt-1979 f Pabile I.aw 96-401) authorized 81 mila 1.1on, to be allocated from within the Com.

The bC1 amends35-401, the NBC Author. *!cnal stas has been allocated during the miaston's total authert: anon for alternate tration Act for *. scal year 1979, to require "acna year 19~9 to the EEO prog-tm. How*

fuel cycle activttles. name acutttles include NRC and the Enytrunmental Protection over, support for such an add 12cual st&K AgrDc7 (ZPA).1n consultaucn with the 3eo-posttien nas been inc!uded in NAC*a. scal partictpauon in the Federna Nonproliferstaan a

Alternative Systems Aanessment Programa recary of Health. Education and Welfare to year 1980 budget request. ne committee ex-fMASAP) and the International Fuel Cycle arpand the fematbility study of epidemiologt. pects that this additional stad ammastance Evmination (INPC3) program. In addition.

cat researca to include popu st. ions ery==d win faciutate the improvement of NBC's to low leve's of rad 14C1on during and after E30 performance.

NRC was requimi to report to Congree en the Three Mlle N8m1 Unit 2 accident. In=

the progress of domestic and internationna ividusta exposest during ujtiznste decena arme saFWTT AND !.It'myEINe BoaEDg fuel cycle evaluations, inClQding health.

d.awnarian decommtantaning or repair of no NBC Authorization Act for 3 scal year.anfety, and safeguards implicaticas of the the fac11.ty would naso be included in this 1979 (Public (aw 96-401) requitect the Com-aaditng fuel cycle technolostas, broader sandy. Public law M1 1s mise wa% to undertage a coczprehenstre reytow NBC !ntands m f'and taene acuvtuas witat amended 19 extend the anal reparting date of proceduren for aslectaca and training of 4800.000 m Sacal year 1979. and to furQer of tuo femalbility study coen Septamher 30 Atomas Safety *.nd Y tamatnf Board mam% rottuce its effort because of the terminar%'he 1979 to March 1.1940.

On the bases of this report, the Ne of NASAP and INFCE in

• scal year 1990. 'l ston was directed to rettas its salmotion and ecuamattee has an ongoing interest in the BWaa. Mm4MmWT N tra&ning procedures. There appropriah r'a.winismanan's conunuari participation tn the 99aluatice of altWnate fuel cycle and r9=

P2h11s law 98-401. the NBC methartantion The atannis Safety and ?'annamf Boards bin for ascal year 1379, anthartand as25400 ptay an extreinely important role in the su* acte tamalogian As an Independent reg =

ulatory seency with responalbintiae tes for the Commta=1on's Equal Employment Op. cient licensing procesa, and appropriate se*

port.tnity (EEO) program. This :.ncluded lection and training of Board members ta puhua besath and safety. and comman de-81:5.000 over the Cammtastan a bCdget f*=

emmential. De enrnmtttee was impresseet by fanse and securtt7 the NLC plays an 1m.

portant eensultatste role in *.he selectico quest, to strpport, among other things, the the thoroughname of this report. and wahes and pureult of alternate fuel cycle tech.

addition of one fun.uma permsnarit poet. to be tapt 1.tformed of NBC's actions to !**

noicgtes.

MUCLIAA REGULATCfY COMMis3 ION. 00USATIoms 3Y P40esAas mumme w emners:new reev cammmee im 1En C' essa im assamese. cause eum estlesse seemum-

's 13 3 amen 13e reement Canumanes Mammer remer. ___-.

_m

42. 5

57. 8

• L3

57. 9 6 !ammens t4Aca00s to areamse ascHet of eserating flesase stenderes devassevnent. _ -

tL 4 14.3

.t 143 lessnese ame ensuremmest AS 8L 2 M.3

41. 2 0 Poesides sur erosamen and i ruudent sessector aregraat.

et easear samet 9 ament mesurteis tartte and asfeh E3 ft 4 A13

ss e assens nose artisit=vs se nadeer weeve mustevnest i

i m mmar foguessary remeurea 123 15 6

+25.3 1E4 0 immunes $1s.600.05 for tud nor esses et treasfer si fea a

begree fecnescar suocere 14.0 14 5

+.9 14 9 0

e>tud test tusaisty from 00E se NRc.

Pggrum enretties esswerstr====

R8 1s. 7 A.F

18. F 4

Totat 8 134. 4 371 3 4 41. 9 371 3 0

IsrJosse $4.3n0N for propeuse Antal year !??? pey reise aspetmunenL Maest Nec v. ear peu _

"-M year 19s0.1371000.000: Sucal yest 1stl. 5A08 0011.031 aususer issa, saanxce.ose: ner.m year 13n. sus.oco.acomcm veer Isaa. s471000.000.

Mr. HART. I yield to the Raat-fruat Wyoming request to the committee and is a 13-per-Several other important initiatives and cent increase over the estimated Sacal areas needing increased effort were also ne ACTING PRESIDENT pro tema year 1979 obligations.

ident18ed by testimony presented at pore. The Senator from Wyotning is The committee's consideration of our hear +.ngs, nese include additional recognized.

NRCs Sacal year 1980 authorization resident hispectors for the inspection Mr. SIMPSON. Mr. President. I am was. of course, very much a:Tected by the and enforcement program; rer,ources to very pleased to assist in the !!oor man-events at Three Mile Isised en 3tarch tm lement the Uranium Mill Tahet agement and support of this nuclear reg.

• 8.1979. 'Ihe authort adon biIl includes Radiscon Control Act of 1973; improved ulatory authorir.ation bill for Sscal year a number of provisions which specifical-safety systems research; and additional 1980. I am very pleased to have enjoyed ly address concerns raised by tree support for the C:' ice of State Programs the opportunity of working closety with MIIe Island. Before I discuss those, how-in the area of radiological emergency OAar mat, the chairman of the sub-ever. I would like to address other on-response ptarming.

committee, and to have had the support going init!atives of the Nuclear ReguIs-Ir1 addition, the committee hs.s di-and the assistance of the full commit-tory Commtanton.

rected the Cotmnission to improve prac-tee chairman, Jaarirnras Rasroor.rnt, and he Subcommittee on Nticlear Regu-tices and procedures in Its use of con-the ruf+ ne Republican member Bos lation held a number of hearings on the tractors by estaNwng a Se=1or Cona STArroan. All of them have been most helpful to this freshnian Senator in his Nuclear Regulatory Commtaion's budg-tzsets Revie1r Board to review and 60-et request for fiscal year 1980 and re-prove $11 contracts and arra:1gementa of early days on this importantissue.

ceived testimony from agency represent-more than $500.0C0.

I especially commend Senator East. attves from several of NBC's msjer The committee has also increased the nere was every ocportunity. in this in-programs.

limit of the amount of civil penalty i

stance. to parlay 'Otree M11e Island into Special attention was focused on which can be imposed for a 71MaMtm an extravaganm or a grand circus. It NRC s nuclear reactor !!ceneg and from 35.000 to 3100.000 and has elimi-was h:sh drama indeed. He dkt not do so. safety program, which accounted for a nated the ceiling which can be imposed I commeed h m for his sensa of bal-large portfon of the !ncres.se over last for m h v:clations.

ance and rest.Lnt; I thinle *. hey are to year's budget. NRC requested this in-P!nally. S. SC requires thePnmmis-be adrnired. I have enjoyed his manset crease for the purpose of reducing the sion to enter into a contract for an in-and suppor* and that of his staff.

growing backlog of reactor 1!remimr dependent study of NRC"s overall man-

~ ne authorwarian bi!!. as reported by amendments. The committee be!! eves agement structure. I believe this type of the Senate Envirenment, and Public that this increase in money and person-review is partic.11arly and critically im-Works Committee, authort:es $3"3.300.- nelis well warranted because of the tm-portant in.*!sht of 2e scenario of occur-000 for activities of the CnerMerten dur-pact that liceceing amenets have rences duttng the Three Mile Island ing ascal year 1980, his was the NRes on the safe operation of reactors.

accident.

S 9470 CONGRESSIONAL RECORD-SENATE July N, 2079 i

21s brmgs me men to those provt. national examination of the lessons we situation and have a much diferent bill sions which directly resulted from the have learned frem Dree M1:e B1md. before the Senate.

events at nree Mile Island. There were Much of this examination on the con-I commend the distinguished Senator a number of sctions that the committee gressional level will be accomplished from Wyoming for his tremendous ef-believed could be taken immediately with through the investigation the Commit-forts, for his dill! gent work. Certainly, a sense of some urgency--to address the tee on Environment and Pub 11c Works is I *. hank bcth of them for assistmg me concerns raised by the accident.

currently conducting, this morning in seeing to it that a pnnted First. the committee was concerned FinaHy. since Three Mile Island there amendment on State concurrence which about NRCY tapabilities *o respon1 im-has been much discussion surrounding has been pending for some !!T.e 7:11 be me<"2 97 md efectively to an emer-the issue of the adequacy of State emer-considered here today, i

ge,

.atica such a.s Thrae M1!e Is-gency planning. The committee wnolly I would like to make it clear that I do M a. We have directed the Cvnmission concurred that this was an area requir-not think this is the bin to attach a State to formulate an emergency response plan ing prompt attention. There was some concurrence po!!cy for America or a State to respond to an " extraordinary nuclear rather spirited division within the com-veto policy or a Federal override policy occurrence" within 6 months after this mittee over the particular approach to with reference to nuclear waste disposal.

l b111 becomes *4. The purpose of the plan be followed in order to assure efective I think they are issues of such magni-

!s to facintate communications, coordi. State emergency planJ. These diferences tude that they are appropriately pend-nate resources, and denneste lines og have been resolved, and the chairman of ing before substantive commit *.ees of the

'I responsibuity.

the subcommittee. Senator HAar. ana I c; enate.

To complement NRC's en.vgency r,.

intend to ofer a perfecting amendmen.

Cer*.ainly. this issue will be joined and sponse plan, the President is rieu1 red to on this subject.

reported by the Energy and Natural Re-i prepare a national contingenc/ plan Mr. President. I have appreciated 70ur sources Committee and perhaps other which would ass:gn speciSc respoetbig-attention and. with that perfec*ng committees which have been interested ities to several agencies comprisina an amendment. I strongly support the in this issue.

.rteranency tisic force. Responsib111t'es measure and urge its passage.

I do not ofer my amendment hr an wigned to the agenc:es would include Mr. MMENICI. Mr. President. T111 efort to change the law of our land here os. site "nonitorms and coordination cf the Senator yield me 5 minutes on the on the foce of the Senate with reference i

bill to comment on his openmg remarks?

equipment.

to the power, the rights.and the privi-he committee foun.1 credible evidence Mr. HART. Will the Senatw withold leges of our States with reference to nu-cf sertous communications breakdown for a moment?

during the Three Mile Island accident.

n MENICI. I will be pleased to clear waste. I am a staunch advocate of We believe it is essential to immediately withhold.

State participation in decisionmaMngr.

His has come out as meaning concur-corre-t this deficiency. We have drectM The PRESIDING OFFICER (Mr. Du*

rence by the Sta*.es' agreement, volun-the Commission to establish a means for Cowenvr). De Senar:; 7 Colorado.

tarily entered into by the States and the maintainmg constant verbal communi.

Mr. EM. mst a e. A me en" Federa10cvernment.

cation between a nuclear powerplant and my colleague fmn Wyming M his und 3'

NRC durmg an emergency. 'Ille plant remarks. Due was a great deal of re-There is no State in a position such operator is also required to notify NRC sponsibility. I believe, demonstrated by as my Statt. My State has been prom-immediately in the event or likelihood of almost nery Member d this Senate who ised Concurrme. My Stak h W was involved in the harMfing of that ac* promised by the National Government-an extraordnary nuclear occurrence, NRC is currently exploring seversi alter-cident, including by the Senator from. *that it can play a vital role in deter.

natives which would allow them to re, Wyoming. Although I appreciate his re-nining the propriety of a gulogical do motely monitor cer*ain instruments at marks. I do not think any individual in-posit of low-level nuclear wasta, all nuclear powerplants. The committee cluent mysed, shald be singled at M We have. relying upon that issue, a particular awards.

passed a State statute which will set this believes it is important to carefully ex-Diore this capability since we beitere it Wrnew embe d me Sensk c ncurrence in motion. I want everyone has much merit.

from Wyoming played an extremely im-in the Senate to know that our State has Sased on the committee's preHminary portant role in this matter, and has been been most reasonable. I think it would be unfortunateif hee, on tMoor N examC* ton of the events at Three Mile vwy critical as well.

Senate, by way of amendment, we wipe Island, valid and serious questions have

""*" " mm0"*CC"88"?

out all of that good work that has been i

been raised concerning the operators' done, which !s now becoming a reality.

prformance. Nuclear plant operators Mr. President, the leadership has The participants under a State statute j

of course--<fo receive a period of inten. worked very carefully in developing a are meeting with the Federal Govern-l sive training and they must meet curtain fine-tuned time agreement. Through ment to establish a concurrence mecha-1 experience requirements. However. we inadvertence. an amendment by the nism for the State to be intimately in-believe there is clear justiacation to re. Senator from New Mexico, relating volved prior to anything occurring of an exsmtene the adequacy and content of to the overall question of waste disposal irreparable nature. It is for that purpose tlus training particularly in the areas of policy, was not included in that agree-that I stand early to remind my friends I

l emergency response and assuring that ment.

in the Senate of our State's need to have I

the plant is operating within the require.

With the understanding and accept-a workable concurrence statute which ments of its Ilcense. NRC is directed to.ance of the leadership on both sides of will recogmze my State's progressiveness report back to Congress with a plan for the aisle. I ask imentmous consent at in passing State law to permit concur.

improving the trainmg of operators, and this time to amend the time agreement rence.

Is to conduct a study of the feasibuity of to include 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> on the pending amend.

It was in that spirit that my statute also certifying plant managers or other. ment by the Senator from New Mexico, was introduced. It is pending before the-utility personnelin high decisinnmaeng amendment No. 264. I hour to be equally Eners7 Committee, and I hope that, ul-i positions.

divided. I wish to add that to the time timately it will become the law of the i

I feel the committee has acted expe. agreement already arrived at.

land. I think it is tough to do that on ditiously and responsibly in addressing a De PRESIDING OFFICER. Is there the door, but I want mine pending if number of, the immediate and serious objection? Without oOjection. It is so others are going to be pendng. because' concerns imised by tree Mlle Island.

ordered.

I think it is the most workable process The areas I have just reviewed are Mr. DOMENICI. Mr. President. will submitted. It is the result of true Seld those which deserve immediate atten. the Senator yield me 5 minu*.as from the' work being tested monthly out there in tion, and are also areas where I believe minorit7 time on the bill?

the feld. It has been tested by a State that we do have anequate information to Mr. SIMPSON. Iyield.

legislature which has made its judg.

move ahead quick!v-hopefully with Mr. DOMENICI. Mr. President. I. too, ment and passed a procedure for con-effective solutions. Indeed, there are commend the chairman. Senator Haar. currence.

other areas which deserve further at. for his diligent efforts to brms a bill here If I have any remaining time. I yield tention and T'.! require a good deal of in the wake of the accident. It certainly it at this point and thank both my further study. There vill be an ongoing would have been easy to overplay the friends, the Senators from Colorado and

~

July 16, f 979 CONGRESSIONAL RECORD-SENATE S9&1 Wyoming. for yielding me 5 minutes and sion from reaHoesting su=s *o detract unanimous consent that further reading for a.uending me unanimous. consent frem areas of congressional;rtority. One of the amendment be dispensed with, chrent ory to pemut 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> on my such af,

'dentified by me bill is im.

The PRESIDING CFFICER. Without amendt v proved sarety systems research. Although objection, it is so ordered.

I thal.1 the distinguished Senator this program has been exploring tech.

The amem"er.t is as fonows:

for yielding time, nical improvements to a number of sys.

On ;)ap 11. itne ?. strae sit arter "7ttain*

.!r. HART. Mr. President. I yteld 5 tems and conce;*3 which may have een. tninsa the pertoo m une u. and in. sert :n minutes to 2e distinguished Senator *rtbuted to the accident at tree Mile neu snereof. twem :nontas of the date of frocs West Virginia. the chairman of the Island. Its funding had been severely gQnt t

ta t

Committee on Enytronment and P".Mic curtailed in *.he budget submitted b7 2e ena I;merpacy vamement apacy and.no Worts.

a*ntn stration. nose funds have bee:1 oovernor of the state, saan 1:nmediateiy en.

Mr. RANDOfSH. Mr. President. I funy restored in S. 562.

tannan an interta emergency plan for eacn speak on behalf of S. 5d0, the proposed This measure also provides te Com. suca tunity vnica compues w:ta euch gn:4e.

Nuclear Regulatory & won Au- =ission with a credible enfort ment *.001 times. Any suca pian estabusted by the cc:n.

Sorisation Act for ascal year 1380. In for the trst ti=e. It increases the maxi.. m:Jeion snau be ended at ninny day in.

this year of the tree Mile Island ac. mum civil penalty from $5.000 to un gan.

cident,it has been a dificult tast for the 3100.000, and re= oves the limit of $25.000 on page 11 at the end of une 3. add. -In Subcommittee on Nuclear Regulation. as for continuing vicistions with*n a 30. day tne event the comm-n vites atch wen as for the full committee on En-period.

concurrmee for any state emergency plan viromnent and PubHe Worts, to formu.

Dese are only me Mg*?'ehts of Sen. under th:e subsection, tne co ma- :n late *.his legislation now patty I par-ste 562. l':is is both a balanced and a consultasson wtta the Ctrectae et the Ped.

ticularly commend Senators Oaar Haar.esponsible bin. WhHe it would be ;te- *mlM'P:Cr *A*4ement Asmy and the and AZ.aw Sarrsow. the @=='ttee mature to go much beyond the scope

,,"#.3 tert j

any' chairman and rehng minority member that is envisaged :n this h21 it would euca facanty whica compues wita the guide.

for their tireless and responsible ap* certainly be derelict for the Congress to unes. Any suca plan essaol.aaed by the coen.

preach in preparation of th3 bill.

do less, men shad be extended at nmecy day in.

The acc: dent at Three MHe Island In closing. I reiterate that speedy res-tervale untu the commisaton concurs in a poses sericus questions for virtunny em7 clucon of the waste management prob. stace pien.-

area of the current regulatory program. Iem is absolutely essential to the future on page to. une t strtte subsection N It has fallen to the members of our vtabHity of commercial nuclear power

• turnsa une is and Womate touowtng subcommittee and full enmmfttee to de-in this country. Whne S. 582 does not a'"*m'* *u E"4 8

termine which of these questions can be address this problem. I am today intro-usefully addressed in the near term and ducing a comprehensive waste hin which Mr. JOHNSTON. Mr. President, this which must await the considerations and provides a framework for a coordhted amendwnt is simplicity itself. It d!fers recommendacocz of the various invesc-and efective Federal respo=se to the vs. not at au frons the bill propmed by the gaticus and studies now underway. I am riety bf issues presented by nnetw waste committee and. Indeed. from the end re-gratiaed to report to this body that the management. It is :nazeusable that this suit requasted by the distinguuhed Sen.

Enviranment and P'ahLe Worts Commit" Government has, for 20 years, permitted stor N Colorado N HanT) and the tee's own investigation la of to a most the enmmercial generation of these ex. duttngu1shed Senator from Wyoming encouraging start, tamely hazardous and long-Hved sub-Ogr. SDsPSo.O. save in one import 4nt The area of State emegency nianni"'

stances on the basis of a vasta poHey detau. That ciference is that under my is a case in point where the time is ripe consisting of no more thazt bland and amenezent an-mcuauon plan is sub-for legislation. Under amtfer law, there simplistic assurances that safe disposal maued, se ader the Hart-Simpson biH.

is no requirement-that an acceptable is feasible.

but when the process breams down under State plan be in place before the Nuclear We must ".rst determine whether, in my ameaht the N proNses an Regulatcry CatnmMon Ucenses a new fact, safe disposal is fessible. If so, we interim plan, whereas under the Hart-nuclear generating facility. At this time, must assure a meaningful and disposf. Mmfuon approach the nuclear plant only 12 States have voluntarily secured tive voice for the State or States where shuts down.

the CmnmiuWs concurrence in their a s2e is proposed, as ven as assure H-It is just as simple as that Mr. Presi-emergency plans, ne Com=onwesith of cesing and related ragulauon of any dent. 'Itere :s no diference in our desire Pennsylvania is only one among 16 d!sposal fac1Hty to efective standards m have evacuation plans for nuc! ear States where nuclear fuMfm are H*

by the Nuclear Regulator 7 Cnmmiuion. plants. The e is no diference, as far as censed to operate without such a plan.

FinaHy. we must provide a timetable for I know. In me pmcedures under which Closely related to State emergency af arnMr is the q:lestion of facitty sit-expeditions action m implemenUng a the plan is perfected.

ing. ne siting rmu:rements currency waste manage =ent pregram.

Under the amendment. however, when in force were 2 sued s.s interim regula-Mr. HAR'I' Mr. Prmident, I suggest the process breaks down, then the NRC ucas 17 years ago. Surely de wesith of the absence of a quorum, the time to be sunply pmposes a plan.

,q,1any dtvided Mr. President, I beneve in States operatin:: asperience in the pertod since The PRESIDING CFFICI:R. De clerk rights, and that is why under this that time allows for r**nmg these regu-wul can th oD.

amaMmant it is the responsibinty of the laticus, particularly as they relate to te I opulacon dens 1*y in the area stfround-

.The assisunt legislative c!erk p.ro-State te cano up wuh its inical plan.

ceeded to caft the rcII.

However. I know that *Jtere are some ino 9nuclestplantsite.

Mr JOHNSIVN Governors in this country who do not We have proceeded on a nmnhet of tmadmous consen. Mr. Prnfr**nt, I ask want n plants to operate wnhin t that the order !ct cther Three M!!e Island-related fronta, th wor *:'n can M WM thest States. Just last night, followtng including accelerat:ng and ex9a e mr e es dent's address Gomnor Jem the res: dent inspectcr ::rogram. requir*

The PRESILING OFFIM Without obMetion. *t is M ordend' Brown of California reiterated his desire ing both a Nt: clear Regulatory Co= mis.

not to have any nuclear ;1 ants, not only s:cn and an intersgency response plan

""""8" in Califorma, but in 2e Umtad States.

for serious :ncidents, provtding =cre ef.

Mr. JOHNSTON. Mr. President Ihave So, if anything is clear. Mr. President, fective procedures for Cm-mhen moni. an amendment which I send to the desk. it ta the intention of cue Governor, at toring 2nd communications and for The PRESIDING OFFICER. The east. not to anow, so far as he can help e=ersency nettncatten by 2e Ucensee, ""'ndment vtn be stated.

it, nuclear plants to operate in his State.

and directing i= proved cperatcr tra:n-The assutant Iegi';1give clerk.esd as Mr. President, this Congress :n past ing and !!cens:ng. But 'I'iree MIIe Island fonows:

years has made it clear that nuclear should not distract us from a number og h Senator tm te a W r.

• m r-plants licenEr ? :s a Federal responsi-regulatcry improvements efected :n S.

mm, for nunse:r end Mr. Mec.m. po-b:lity. For *. hat reascu. we set up -he 562 which are only margnany reisted to 7* '" * **" ""'"""*** " **"1 Nuc! car Regulatory Commwon.

the accident.

It is not the duty, the right, of a Cov.

Per reple, te b2H bars the Com=is-Mr. JCHNSTCN. Mr. President, I ask ernor of one State to stand in the way cf 4

S9m CONGRESSIONAL RECORD-SENATE Jttly 16,1979 that nuclear !! cense to operate-any and the distinguished Senator from vised, the NRC has asked for an addition-Governor. including the Governor o! Cal-Wyommg.

al 3 months; and with the additional ifor m. who has already made it entire.

It is a very carefully constructed pro-personnel we are ofermg. they feel that 17 clear he is not going to allow nuclear posal which, unlike that of the Senator is su:5cient.

t plants. so far as he has anything to do from I.ouisiana, keeps the sole responsi-Mr. JOHNSTON. So. in lieu of 12, if i

bility for emergency and civil defense I put in 9, it would conform to the with it.

I do not believe. Mr. President, that phnning with the States.11=its the NRO amendment the Senator from Colorado the Governor ought *4 have that power. and the Federal Government to an ap-intends to submit.Is that correct?

Hence. under th:s amendment. should he preval role and not a plannmg role, and Mr. HART. In a certain rough degree.

fall to subtnit a plan, should he fail to which, most important, keeps a res!!stic nere is very speciac language in wnich make a good faith eEort to submit a time frame in which these emergency these time penods are cast, so it is not plan and, therefore, submit one that is plans have to be developed.

just the gross time period. It is what goes obviously and clearly deficient, then un-I think the people of this country on in that time period also.

der my amendment the NRC submits 'he would be shocked and diammyed to learn Mr. SIMPSON. Mr. President. will the plan. and puts it into efect. Under the that this planning has not been done. I Senator yield?

Hart-Simpson approach, the plant shuts think they would be even more shocked Mr. JOHNSTON. Mr. President, can down.

and dismayed, atter the Three Mi.4 Is-we maze clear on whose time we are?

Mr. Presloent, t$st is simply :maccept-land accident.12 we were to take the step The PRESIDING OFFICER. On the s' ale in a coustry that is enerIf short to proposed by the Senator from I4nwana time of the Senator from Lonwana.

tanke the people of a State !sy the price to provide even more delay, even more Mr. JOHNSTON. Mr. President. I ask for the disagreement betweta two sets of than !s necessary and more than most that the word " twelve." which appears bureaucrats.

States agree is necessary, and further in the second !!ne of my amendment, be Mr. President. I reserve tLe remalMar delay the very important and immediate stricken and that, in : leu thereof, the of mr time.

need to protect public hesith and safety word "nine be inserted.

Mr. HART. Mr. President this !s the in the case of an accident. -

The PRESIDING OFFICER. Is that a i

!ssue of the preparation of emergency I think the amendment of the Senator unantmous consent request?

response plans for reactors wound the from I4uisians is defective in all these Mr.JOHNSTON. Iask unanituous con-country. It was an 13 sue *.ha?. occupied regards, parucularly in the mount of sent that that be done.

1 a cons 2derable amount of time in our time it provides for carrying out this Mr. HART. Mr. President reserving subcommittee and full committee d-3 sctivity. It is a proposal which this Sen* the right to object, a par 11amentary in-berations. It was the subject of consid. -ator cannot accept.

quiry: If the Senator is permit *.ed to Mr. JOHNSTON. Mr. President, will amend his amendment, would that pre-erable debate and disagreement. Section ll02 of our billis the result of the actions the Senator yield for a question?

clude another amendment to his amend-Mr. HART. On the Senator's time, ment in the nature of a substitute?

taken by the committee.

Since that time, however, the members Mr. JOHNSTON. Yes.

The PRESIDING OFFICER.The Sena-of the committee have spend additional On the question on time, frankly. I ter is attempting to modify his amend-time studying the question of who should wanted to accommodate it to the studF ment. This would not preclude a subee-of the subcommittee, on the question quent amendment to his amendment.

prepars emergency evacuation response plans, when they'should bi approved, of, these plans. I would be willing to Mr. HART.Then. Iwillnot object.

who should have the responnih1Hty for amend this amendment to conform to Mr. JOHNSTON. In that case. Mr. '

whatever time schedule the A*"**"

Pmident. I ask that "12" be changed approving them. in what time perled, and Inost importantly what penalty thinks is proper and appropriate.

to9.

should be available in the law for failur, It was somewhat of a moving target.

The PRESIDING OFFICER. Without se the Senator knows, in his subcom-objection, the amenrtment is mod 1 Sed to have such a plan.

One of the many things we ! earned in mittee; because the time schedules have accordingly.

the Three Mile Island accident was that been changed. But if that would solve

?4r. JOHNSTON. Mr. President. how a great number of States have no plan at least part_of the Senator's objection, much time do I have remaining?

at all, and. certainly, no plan approved. I would be glad to change the time The PRESIDING OFFICER. The as required by law, ty the NRC for evacu. schedule to whatever the Senator thinks Senator from Louisians has 13 minutes ating people in cas: of an emergency, or is sumcient time to come up with a plan. remain!ng.

reactor meltdown, w.; y serious nuclear Mr. HART. That would be one accom-Mr. JOHNSTON. Mr. President. I modation that would be necessary for should !!ke to make clear that there is incident.

That seemed to me and other members us to accept it.

only one real distinction between the

'of the committee to be a deplorable zit.

Mr. JOHN 8' ION. What time schedule? approach of the Senator from Colorado i

untion. It is unthmlrahle that we could Mr. HART. I say to the Senator that and mine, and that is the question of have had in this country for two or three I think we wi!! be ofering our own pro

• what happena if you do not get an sp-posal. which has several features difer' from the Senator's amendment' proved plan.

decades a full-blown domestic nuclear Under the approach of the Senator energy industry and yet not had prepa. ent rations in the State of Pennsylvants. or Time is only one.

from Colorndo, you shut down the plant.

in a variety of other States for handung Mr. JOHNSTON. That was the princi-The people of the area have no elec-emergency situations, for protecting pal one I heard.

tricity. How that is more desirable than public health and safety.

Mr. HART.The principal one from my having a plan put in by the Nuclear T aditionally, this has been a e point of view. But it certainly would not Regulatory Commission. I do not know sibility of the States. Some States have suf5ciently correct tha amenciment of and Ido not understand, acted and some States have not. Unfor. the Seator from I4niminna for this The only thing I contend is that those tunately, those who have not far aus. Senator to support it, who wish to have a moratorium, in whole number those who have.

Mr. JOHNSTON. I understand that. or in part, on nuclear plants certamlr Mr. President. It seems to me, intoler. I do want to tr7 to accommodate this would oppose my approach, because my able that we should have reactors oper-amendment to whatever the Senator apptrach does not involve moratoria ating in this country,3 months after the from Colorado thtnirm is the proper time on plants.

Three M11e Tsland accident, where there schenule. I understand that the Senator Mr. President. the energy crisis, the is no preparation whatsoever for moving is not going to support it, but I want to energy need in this country is much *Ao people or handling the emergency that get together as closely as we can. 'Ite serious to let it get begged down in Sghts many be occastocad by an accident at Senator from Colorado would prefer 6 between Oovernors of States who want no nuclear ene. 7 and the Nuclear Reg-that reactor, months?

1 Consequently our committee did ade Mr. HART. Section '!C2 of the bill ulatory Commiaton. That matter should dress the issue. We have ref!ned our er-requires a 6-month planning period. be resolved, and it should be resolved in forts to address this issue and that Because the guidelines of the emer-a manner that gives the martmum amendment will be ofered by myself gency evacuation planning are being re-amount of predictability by a!!owing the m

m..

e I,

July 16,1979 CONGRESSIONAL RECORD-SDTATE S9473 plant to continue and having the plan give only cursory attention. It has deeply I think that is a very important issue put in by the Nuclear Regulatory Com-concerned me.

here and thatis whom we are.

mission.

Within the amend==t which is pre.

Mr. HART.Mr.Pnsident will the Sen.

I I hope the Senator will understand sented on this subject there is the pos. ator yield?

i that my plan, just as does the committee sibility, remote as it is. that any factica Mr. JOHN 8' ION. If the Senator w.11 i

plan, provides for an evacuation plan oppeeed to nuclent power could use yield -

confected in the Arzt instance by the the mandatary Mannine requirements Mr. MART. Mr. President. I think I l

States, and it is expected that the State spelled out in this tdl! to artntrarily shut can answer the Senator's question.

plan will be approved under guidelines down the operation or construction of a Mr. JOHN 8' ION. Very well.

declared by the Nuclear Regulatory nuclear powerplant.

De PRESIDING OFFICER. The time Comminton. The only diference is what I feel that we have efectively allevi. is running against the time of the Sen.

happens if it is not approved. In my ated that issue by what we have done atw fmn IAufstana.

case, you do not shut down the plant. and what we am suggesting-.estending Mr. HART. 'the State of California. as In the case of the committee's bill you the period for NRC review of State plans, has bem indW de ham an ap=

do shut down the plant. It is as simple making concurance with the plan site prmd emergency nape plan that as mat.

specisc. using existing and not new covers each and every site in the State.

Mr. HART. I yield myself 2 minutes s"Mnam as the,*andantifortnitialcon. 'Ibeit nablo plant wtH be cowred. If 4

I on the amendment.

currence. and waiting the need to reen. the Senate fmnIonh la conerned 1

Mr. President. Srst of a!!. the propoeng amine the existing voluntary State plans am me pollW 2e @wrw of Cau.

t

'1 l

of the committee and the substitute which the NRC has concursed in previ.

j0HN8' ION i

l e

Wyoming et a mora, propose that Congnes now Mthe= ed would n 't mis amandm t torium amendment. and it is not ofered Ise the NRC to invade an ares of tmti.

but 2 tes est th Genrn in the disguist of a moratoritan. !t is ta. tional State authority in pmiding for j

portant that we have electricity and that the Nannine of the evacuation and shel-Canfornia does not achieve his IOB8*

gg we have energy in this country. There is tering of its citisens during times of TJOHNSION.Iam concerned about_

8 '$""

in th an "i or "8

8 l

That fs the real issue hero-whether Mr. JOHN!rION. Mr. President, will

[",U8 to g pw od we should permit a nt. clear reactor to the Senator yield for a question on my sultation between the States and the.

88887 operate in this country if, after 8 or 9 NRC so that the plant is not shut dow months. there is no plan whatsoever to g,. SIMPSON.Iyield on that question gg,,,,, g,,,,,,,, 3,,,,,,,,g,,n.,

evacuate the people in the case of an accident.That is theissue.

Mr. JOHNSION. I thank the Senator. remmedy to shut down the plant.

l I believe. and I think it is the belief

'Ibe SmaL r is aware that 007. Jerry I thank the Senator froen Wycening for yleidag i

of the Senator from Wyoming and the Bmrn of Califwnia has called a pnm Mr. SIMPSON. Mr. President. I wtIt majority of our committee, that that conference and stated that es to the continue my runsrks in ooposition to the I

plant should not operate unless that plan Dahlo plant, elah has been completed amandmane and cite wie a Ettle more i

is in effect, but which has not yn been issued an deonttien the fact that in my own State i

The Senator from Ionistana seems to operating Ilconse. as I understand it, he where we have grappled with heavy is-j be concerned that some Governors wSI is going to do everything he can to keep suas such as statewideled-use plae.

t use this as a device to shut down plants that plant fmn operating.

a hieh emotional type of situation which 1

in their States. If he has in minst the Now, as I understand it there is no is often refernd to in some circles as the l

Senator from California, the State of nacuandu plan yet approud fw the grand Communist plot. land use plan.

Diablo plant. Am I correct in that?

ning is a very ditBeult thing to deal with.

]

California has been more advanced in Mr.SIMPSON. I am not aware of that. 'Ibe only way you deal with it is wig preparing its evacuation and emergency 4

Mr. JOHNSION. If that is so and if local control with local people at the I

j response plans than any other State. In Ocurne as late se last night stated local level with perhaps State observa-terms of getting its plans prepared, hav. that he was going to do all he could to uan ud in that situation it wul wwk.

1 ing them in detail. and setting them ap-operate nuclear energy not only at the If at any time there is an intrusion of proved. If he has a fear shout that State. It is not well founded, ahlo plant, not only in Caufwnis, but to Federal Government. it will not work.

I I be!! eve the amendment of the sens-nationwide is it not snamanam to expect I think here the power to even develno at ap W that the N*

and later if necessary to implement the l

tor from Louisiana is a giant step in the j

direction of putting the Pedaral Govern

• E aman m Pederalinterim plan on behalf of a sov.

t n

emisn State for responding to an emer-ment in the civil defense preoaredness mit an evacuation plan w 2 submit one 4

seDCy 18 JU88 too extreme a measure for ares--where it has not played a great est he knew would not be acceptable role t. the past-and in imposing plans and thereby efect a moratorium on the me a d could only provide. I think, a fu.

8 e vehicle in a rationale for continual l

on St $ s. If people are concerned about operatica of the Diable plant or any h==nt on vital State preross-Statet ishts. I do not think they w1!! other plant for which an evacuation plan ti es in ther areas where State eforts want14 go along with the Senator from would be neutred to be sulmitted by do not pass the Federal muster.

Louisiana.

)

hun? Is that not so?

I yield to the Senator from Wynet"*

Mr. SIMP 8ON.Mr. President.I am not Emergency planning la the State is -

Mr. SIMPSON. Mr. President, in his aware of that Sne distinction. We al-MaHy land-use panning plus, with oak

}

smendment, the Senator from Imulsians ready have imuss of State concurrence, leaf clusters. It consists of evacusson raised an issue which has recently oc. We already have issues of the care-sones abelters. highwar usage and much.

j cupied a great amount of my tune and ful NRC approval requinenents. The much more.

attention, as the ranking minority mem* NRC presently requires a certain modt.

It is my sincere feeling that the con.

ber of the Nwtaar Regulatory Subeces* cum of State einergency Nanning. It is cern that prompted this amendment has mittee, while working on this piece of felt trough our investiention that thag been Isid to not by this new proposal

,agislation type of State emergency pianurg is nog ac4 that the additional measures of the The possibility that an operating nu-adequate.1%r that reason we are request- """*',"' fre'R

'idana and others. I clear plant can have its lleense suspended ing the States to prepare melt own. Mink can and should be taken durms or that a plant under constructica could When we are now into a devisuon where the formal review-making process which I

have its permit terminated because the we are showing the Federal Governmane will occur after the initial 9-month re-8 tate where it is sited has failed to form to intrude into mis aren, we are actuaHy view.

l I

a plan or to obtain concurrence by the in the most sensitive of areas because I might add. Mr. President, this rule-j NRC in its emergency neponse plan we are saying to the States "You cannot making will also be able to incorporate i

surely is not a matter to which we abould do your own State land-use planning -

an of the findings of the investigations 6

m,----

-v-mw,mm

-m,

,_-.-.--,,,.,%--n-_ _ _,. _,., -,,,,,,, -,,, -*

,..,-w,,-

-,,_,,,_____,,-,,_--._w,.g.,__.m,,.m7,._

_.,._,.,.,,-.-.-m,_...w.wsyr,upp-w,._,

..-eq

l CONGRESSIONAL RECORD-SENATE July 16,1979 S 9474 1

I now being undertaken by the Prealden-Mr. JOHNWION. I yield.

as an amendment in the second degree to 1241 cmamm*M the electric utility indus-Mr. RANDOLPH. I have a very genu. the amendment proposed to be ofered by try, the senatorial investigauon being ine respect for any amendmant that is the Senator from Wyoming.

1,

. conducted by our committee and the ofered by the Senance from Ioulalana So, Mr. President. I ask unantmous House of Representauves' inveaugation. and he knows that to be true, consent that I be permitted to withdraw l

Mr. RANDOLPH. Mr. Preeldent, will I do feel, however, what I have said is my amendment and to oSer it as an the able Senator yield to me?

valid in reference to the Governor of amendment in the second degree to the Mr. SIMPSON. I yield.

Canfornia and other Governors who amendment proposed to be offered by Mr. RANDOLPIL Is it not true that the might attempt to une the amendment or. the Senator from Wyoming (Mr. Sace.

Senator Irom Wyoming. In mentioning fered here today as the backdrop of their ~ sox) and the Senator from Colorado the oppentuon item some sources to absolute opposition to nuclear power. (Mr. Haar).

realistic planning. himmalf last weet That is the point Imade andI beneve it De PRESIDING OFFICER (Mr.

voted for increased suma for planntag is valid.

Naraott). De Senator needs unanimous because he fett it was importantin con-Mr.JOIDlWION. I agree with the dia-consent only" to withdraw his' amend-necuon with housing that an adequate t!ngninhad A=natar, ment.De rest is a matter of right.

plan be carried f orward? I think that ble Mr. SIMPSON. Mr. Prealdent, && this Mr. JOHNS' ION. Mr. President. I as-cirument today on this tasue squarte time I wotMd 1stah to present est behalf sume the same time 11mitations-----

with his vote and hin f eeling of leesweek. of myself and the anhenmmit.fma chair.

De PRESIDING OFFICER. Without Am I correct on that matter?

man. Senator Haar, what la Imnern as a objection. the amendment is withdrawn.

]

Mr. SIMPSON. Mr. Prenkleert. that la substitute amandment to that portion of Mr. JOHNS'IUN. Very well Mr. Prest.

correct. I spoke and supported the tasue the bt!! which addressee State emergency dent. I assume the same time limitations l

of the regional concept of local govern-plans in ametinn 202. I sent that amend. apply.

^

ment planning done on the loca11evel in ment to the desk and I ask unantmnus The PRESIDING OFFICER.The Sen-the local areas without Federallaterven-consent that it be read, atoris correct.

uon. and that is what we were speaking The PREBIDING OFFICER. He try n==umrt no. ase on in connection with housing at that amendment is not in order unta all time Mr. SIMPSON. Mr. Praatdant. I call 3

is used on the first degree amendmenL up an amendment which I have at the time.

l Mr. HANDOEPIL That 1s very correct. He Senator could est unantmnna con

• desk and ask thatit be reported.

Is there not a cooperauve approach sent to present the amandment at this The PRESIDING OFFICER. The j

vntten into the measure as now drafted time.

amendmentwillbe stated.

that really should canas no discomfort to Mr.SIMPSON. AsIunderstand the r**

ne second assistant tavialaHvo clerk the Governor froen Cahiernia? What la quest of lean =*= Haar at the time he read as foDows' the Senator's feeling on that?

requested a parhamantary inquiry, this m em m WM m m e

l Mr. RTuP80N. I think he is am ol>. was an appropriate amendment at that song, go, w,m i, and Mr. Haar, oeers an structionist with regard to nuclear power time. %st was plieviously asked by Sen* unprinted amendment numbered 350.

j and will do allin his province to destroy stor Haar.

Mr. SIMPSON. Mr. Prealdent. I ask the uso of nuclear power in the State of Mr. HART. Mr. President, how much California. and with that foreknowledge time is remaining on the amendmant og urianimaus enn=nt that further reading of the amendment be dispensed with.

t we will deal with him accartlinsty.

the Senator from Imulatana.

He PRESIDING OFFICER. Without i

Mr. RANDOLPH Mr. President. I ealt ne PRESIDING OFFICER.'Ibe Sen.

objection. it is so ordered.

f the Senator to yteld further.

"" stor has 7 minutes remainfnF j

tir. SIMPSON. I ytekt.

Mr. HART. Hour much on the oppost.

'Ibe amandmant is as followe*

a===maassrr No see Mr. RANDOIPH. Certaink. I have tion sidef wn very careful not to polartas coal as

'Its PRNnDtO OFFICER P!ve m!n.

neemntne et Paso te, une v. etrike see.

tion 2ce and insert in lieu thereor the rot.

Mainst nuclear power or nuclear power trtes.

as assinst conL I am sure thre is no Mr. HART. We are prepared to ask towtas:

sac. 20s. (a) eaction tal d the Act is greater advocateof the use of coalin this unantmnus consent or yield back the 7 F,*d81D8,g,the and thand the body or on Capitol II111 than the Senator time,

,,3,,

i now speakinqr. I do believe, however, that Mr. JOHNWIVN. 21s is a substitute we have to be very careful to consider all. for what?

,,g,gM"ro tysuY ut t the possihilities to meet the energy crisis Mr. SIMPSON. Fbe your arnendment. matted tmdsr this asetton. the apptteant of the United States. Purther. I must op. It would be a substitute for your amend. shan provide the plan or the state of situ for responding to -wa=ts or unanticipated i

pone the efforts to thwart careful plan. ment.

g ning that I read in the amindment of.

Mr. JOHNWIUN. Mr. President. I sog. events at each ututsatson raeusty tneluding fered by the Senator frtun I4ninfana, be. gest the absence of a quorum. and I ask the subject reentry 1toense to operate within ema state undee this section.or section cause I do feel that be bases his case on tmanhnous consent that it not count th,,**d,ue wN xistence$

. $h..(, nan't possmiuty or oe.ette releases the opposit. ton of the Oovernor of Call. against the time for either side.

fornia to the plan envisaged in this btIL ne. PRESIDING OFFICER. Without gn, i objection. it is so ordered. 'Its clerk will at radionetsvity, create the need for action Am I correct on thalt Mr. JOHNB'IVN, %e Hanmaar is not caH the roll to psesses the potue health and sarett. No correct. What I have done, if the distin.

He a&atstant legislative clett pro-suas usasse shall be taened unions the com.

guished chairman win yle!d. is to tag, coeded to can the rou.

misstem is =*W that such plan. as it ap.

Mr. JOHNS'IVN. Mr. President I ask piles to the subject faculty only, adequately the committee bill and adopt all of the prM W puW hetM and Mtr unanfmous consent that the order for orocedures up to the point where the m As een as practiemble, each state State has failed after the requisite period the quorum can be rese!nded.

He PRESIDING OFFICER. Without C"or me' d M

of time to submit a plan.

i, Under the committae bill yoe shut the objection itissoordered.

ment W trus Act which has not obtained the nuclear plant down so you have nettber Mr. JOHNS'IVN. Mr. President, we c===usan's cow..= to its stare radio.

lostent emereener response plan, shau enb.

plan nor electricity. Under my asmend.. have worked out an arenmmeMattan be.

mit to the "e==ha and the Dtnctor of r

Inent at that point, the point where ther tween the distinguished Senator from the Neral knusency unnagement Aeoney can agree, then the NRC puta in its com Colorado, the distinguished Senator from interim plan and therenf ar works with Wyoming, and myself for handling the

,,'l7,[DhY8 h wi$n' t

the State to get the State to conne up with present parliamentary situation we are the state, which acetdeuts or unantlespated its own plan. 80. In substance, the only in.

ersats. due to the outstence or the femment difference is under the Johnston amend.

The amandmant which I have intro. possensitty or or.asse rensases of re.11onettetty, create the need for actica to protect the pub.

ment you have a plan and electricity.Un. duced cannat be amended by the pro. uc haam and sare The O==en. in der the committee bill you have no plan posed amendment of the Senators from consultauon with the Danctor W the ment and no electric 1t In to co p$a t E d

es Mr. RANDO Mr. President, will to thdra my endment eac at this point and put my amentimant in empnoyed by the commsaston in afrording or the Senator yield?

j i

j i

. _ _ ~ _.. -, _ -. _ _ _ -,, _

l 1

,i I

j July 16,1979 CONGRESSIONAL RECORD-SENATE S 9475 i

wimhosens eeneurana in sme maimies-amendment to thns portion of the but emergency r-o-a plans siddect man.

tema emergency reopense plans whlen were la which oddresses State emergency plans desnus praemeninge Herefore, I have j

eseet on July le. se79. and thatt speelaently in d on 203.

included in my amendsnent h oonsider the findings of the Director of the g,

.w

,manimausly reported which provides that any pesson may l

aE.* a the this NH to the Soor although some eart. bring a maata-na smoseding in the e

ous divisicahada1tistedontheparticular UE District Court for the District of anon determin=a teint any such plan. as it ap.

plies to each spectae facility, does not com. approach adopted in esetion 202 toward Columbh. to requin that the Ntaclear ply with such guidennes and the State fans State emergency plans. Rest differences Regulatory Carnmtamian pramni ata= the t

to correct such noncompuance within nin* have now been reconciled and my amend-rules required tmder subsection C,if the months or the date of enactment of this ses* ment will effect Ave specific changes in NRC has not engaged in such rule-uan. the coauni-tan ohau cause such deter. the following arena related to State mairine within the specided time period.

o7gre. [etrehts"on in such e emergency ptens:

Finally, Mr. Preeldent, this amend.

8*'

I and Ftret. %e period in which the nuclear meet includes two revisions suggested l

ehan order each such tecluty with roepeet to

=tindb the plan does not eotapty to terminate regulatory aa==lantan will review State by the chairman of the fun asunmittee,.

operauons untu a plan is submittest whten emagency plans for r==ranMne to nu-S e ator RAirectrir. D oes additisms

]

the rwmme==ina desarmines to be in compit-clear reactor ameidants or other. events involve the designation of minimum re-anon with such rundeunes as it appises to me which usult either in the actual release quirmnants wtuch the Nuclear Regula.

factuty, of oSMee redjoncuvity or the imminant tory Cnemisasan must address when thsrE N N is extended from a to 9 months.De NBC nandakary State emergency r==t-ma pnenthMMw that such regales could result

• they propees formal regulations for i

than en i

of this secuon. the t'a==== nan annu by rule i

promussate

=ia'=um requirements for has stated that using asisting guidanaan plans and also the spectSe authoriss-state piens for reopending to accidents or they can concur in all Blate plans within tion for the Federe1 Emergency Mange-unanuespated events at each umweaa ta= 8 months of enacting this lasialatia" ment Agecy (FE3fA) to twriew State i

et12tf lic*nand to operate within the state.

naeand The standard which NRC wtB plans in consultation with the NRC l

' h2(a *cc2danta or unantseipated mate, employ a deteromaning whether a State before concurrence with those plans is amersecy plan would mostm concur-obtained.

tuty or oe.at retenase ty, r

o. durms the inmai

== r==w

%..pomSo t - d ds are:

,, eat. me need,or a,non to,rotect m.

3P anni"8 pubtle health and safety. In the preanulgn. period would be Set by thgge gi Mnem naHnatian of energency d

l tion required hereunder. the th===

present.y being 1Med rather than thosS gones around reactors.

anall 8pecifF a period for espeditious coma = which may be adopted in the intertaa De abutty to impamment timely evac-I puance with such requirements. Prior to period after passage and prior to enact-untion and sheltering J,

promulgattng the rule required by this out" ment of this but. 21s change wul have M and testing.

l 7."7 *** o#^""'

O the practical efect of aHetnating the pgyttelpaHnn by utD!tigs, Stateg, and rthe nece==tr for Nac 1. =mus= -- ional as.cas. et ernera = me inmal seement a,ener.,enans me mi,an.n required hereunder, the th==a=% shan inn plans for thnes 12 States which have plannine and later revlalces of the plan.

on m. bens er ts. secured concGrNnos for the 30 poww nannangon for emergency respoest-

]

uon un oc th. a cy as required by see=

determina plan adequa pun = n-a.4 t. operst.in twana-w1mes-sutdannan employed by the th==maan Im afhese States are: alahnma Arkansas, wwpadttenna

• anmemententian proce*

maordtw or withholding -

as nfornia, rvenacticut, Delaware, Flor-dures.

~

i

$3 a'*,,',T, 77,,@ Ca

• • d Ida, Iowa. ranana New Jeresy, New Yost.

He periodic revisions of emergency g.cg South m and Washingten, plass.

any plan which had roostved the th===e ston e concurrence prtar to enessment or mas Spectfle language is added to clartry I wish to extend my appreciation to Act shall be deemed adequate for the pur. the intasyrstation of the terms "connpit. the distingutahart manata= froen West i

pous of that section.

ance" and " adequate plan

• to mean that Yttginia (lfr. RaWBotFn). the delight *

(d) "Its minimum requirements to be pro

• saistingcamcurrecesati$therequire* M W h coEIunittee h muinted une subsecason (e) ohau assmo mentof thiseestion.

and the distingutabed manatar frosa "e

eye #

Third. De decision to eencur with a Colorado (Mr. Hasv). the very. effective.

th m ste t p han State GEnergency plan wS1 be made upon chairman of the suhmittee. as well at a mantmum provide for:

(1) Designauon or appropriate planntne " site-specific" Mylew for each operating as their staffs who eaststed in the prepa-mones surrounding each raciuty on the basas nuclear power plant in the State con

• ration and formulation of this amend-or such raetore as remotor atses probante re-cerned. Re purpose of this marimentia" ment, for the spirit of cooperation they leone patterns from pomatbio accident is to insure that esisting nuclear power have shown.

q and demographic and land use pat

• plants which have satisfactory GEner*

hMR Mis is me sum d sub-gmcy M5ponse plans canM have M stance of the Hart-81:nomon amWment-(2) Capabluty to quickly and enfely imple=

operating licenses suspended due to pos-I believe that we have been able to evolve 4

ment protective measume such as eveeue, uon and abettering:

stble inadequacias in emergency plans in a mechani== for State emergency plan-

+j (3) Initial and periodio testing of plan for other facilitiesyted in their State.

ning that is responsive to the need iden.

fanatbtuty in amual drtue at state and toena Fourth. New language is sad stituted to tifled in the wake of Dree Mile Taland oranistions wtrica are essagned respoestbas* de6ne the type of mietmar mactor safety and which is fimdamenta8y fair in the tune to carry out paruons or the pana; probktn for which a mandata y State mannar in which it will be applied to the Eot t emessency plan is now rottuired. De States and utiltty companies now en.

Ian in c'p r

committee's earlier proposal had incor-saged in the construction and operation i

agency:

(5) Participation of feeiuty 11onnesse, toma parated by afennee the "sztraordinary of nuclear powerplants.

i i

sovernments and appropriate staae asenoses nw Imar occurrence" phraseology of _the Mr. HART. Bar. Prealdent, as I indl.

in that development and rettston:

Price-Amlesson Act to deGne such catedin my opening rWharks-----

(6) Delinesuen of respective crean'"**

events. R is now our posWon tha& 18 la g g g g t

ni rWe in implemenwhi ce me plan

• improper to link State emergency plan = yleids time? Since the Senator frota O """

l (7) Ident1Scatteet or procedures for espe. EIEI

• Colorado does not have the opposition using sud. wording De substitute lan-time. It would be the sponsor of the 1

diuous and renahie nostaatsons and som-muntmuon.

guage uses the mort descrfpttre, if not langMy ds6Bition. "Acciden or SMBts Mr. HART.De manendment is offered (e) Any person 1 ?f bring a proceedine in the United tstates District Court for the Dio. WMcA due to the eElstence or trentnent tract or Columbia to require the Cammtedon paasthlitty of oEstto Mleases of radio = Dy ID8 0808%CF ff"E N EI behalf to promu! sate the rule required in subsea. activtty, mente the need for action to of M"'*W and the Senate imm Colom-taon te) or thin esetton tr the rhamt-nan has protect puhtic healten and safety "as a do. Does the Senator front Wyoming not promulanned such rule withast the tam

• sepasste dannitsan for describtng the yieldine tirnet period og ec1 Sed theretn.

scope of state eEnergency plans.

Mr. SDEP80N. He certainly does, Str.

Mr. SIMPSON. Str. President, at this Fifth. I concur in the desirsbility for President.

l time I ofer, on behalf of myself and the sparecanw making NRC's dutr to pro.

The PRESIDING OPPICER. How 9nhenemMaachairman(Mr.Basv), title pose rules and ugulations for State muchtimeisytanded?

i w

l l

S9476 CONNWONAL RECORD-SENATB July 1s,1979 I

i Mr. HART.Five minutes?

tids area. I think Senators who vote ca Senator freen Wyoming or another Sees.

Mr.SIMPSON. Any time you Wists.

this abould understand thal It le a very, stor would wtah to speak at this staae. I Mr. HART. I thinE S mmutes w1H be very fundamantal political point.

wu! _

sufBcient.

For myself, and I think other members Mr. SD(PSON.-Mr. Presidet. I wil!

Mr. President, as I ind!cated in my of our comazaittee, we came down in terms come back to the theme I previously opening remarts, the lasue of how to get of protecthis the systems as it presently stressed, that is that I think generally I the States to prepare emergency re-exists; namely, plannine done by the certainly concur with what manaam.

sponse plans to reactor accidents !s one States. approved by the appropriate Fed. Josmarcar is doing witta relation to nasur-j of the most discult that our committee eral agency. In this case the Nuclear ing that there will be contmuous opera-faces. We have in our btIl at the present Regulatory t'an==tanan with an action-tion of nuclear power planta. But the is-t time section 202. which.eddreemos the is-enforcing machanimm* namely. If States suo here to me is much more funds-sua and.was ottered by the Senator from have not done that piannina. if the NRC mental. 'Itat is by doing what his msnamie nt w111 do, we are intruding Colorado. It would have required the has not approved it, then the reactor 1

States to have plana prepared an ap-that has not been planned !ce, where upon an Inhnently State function.

j proved within a montha after the enact-plans ha6ve not been made to proteeg I know that that bit of hyrteria hasbeen ment of this law, or have the reactorsin puhllo health and antasy, would be alms handlad about the Chamber for many I

those States shutdown.

down.

Femm, and I do not bring it out in that As a result of extensive annanffattana Under the propoest to be osered by form. I say that the reality of it is who j

l with the Nuclear Regulatory Commis-the Senator froma Taddana there is no w15 know better what to do with emer-aion. the amandmant which the Senator medon-enfoscing machaniam 'nds pro. gency Stato plannins which again I j

from Wyoming has offered on behalf of cedure could as en relatively indsitnitely refer to as a form of land use in its highly both himaalr nd the Senator from Chlo-with no anente plan available in the

==h=1 form. Who wul be better stde a

rado seeks to perfect the procedures es. case of an accident suela as Three Belle to determine which agency of the State i

tahltshed in that sectism 202, and re. taland spewnment cast pwform.who more than

!!ne them.

'Ibe PRESIDDIO OFFICER.The 8en. the Governor and the elected ofBcials of

+

i nis is a very difRcult and very conh.- star freen f meniana that State, the legislature of that Statef I

plex area. Consequently, the Senator Mr. JOHNWTON. Bir. PreN I Who wiu determine who is best able to from Colorado resists the amandmant would like te make it very clear that I detersnine which hospitals win be used i

which has been ofered by the n-meae aan not in oppsettlos to the IEart.alamp. In the ova *natian procedure in the event from I4uisiana. It does require State and sea amand=ana Itleindeed a very care. of an onette releasef Who better then the Federal cooperation. It does accomptfalt funy erafted====d=an8' It is indeed am Governer wtB imow better when te or-I the refined purpose of making the plan-maand=ank widch provkles & detausg der the evacuations? De burden le one ning ette warme ao that every reactor in proceeding for the lesunnee of guide. the state govermnent, exactly where it j'

the State is not elamart down if plans are lines by the NBC, for the cooperauve abould be.

not available for only oneof them.

work between the 2GtC and the State ha The final critical thin # is civE defense It does espand the time 3 more months, eiening up with a plan.

ofBelais cannot be naastnaria,d and sni-because the Nuclear Regulatory Com.

The Jh-McClure perfesting vaadmed into action. CivE defense odB.

miaminn says that that was necessary to

==andamme. whlott win very shortir be etals are part of the State organianHans estanttah its approvalmechanism psopaed.d1 Sus witat the w ftr enersecy planning. They outdoct i

It does provide. I believe imp!!citly aneminentla avery narrow war wtucgg their drtBe and their tratning aforta in.

i and esplicitly, pressure upon ther States in no way upsets the carefuRy crafted local communities dear, although they to a<,t. because of their need for eles. procedures as provkledisrBart aimpaan get a good deal of hist levity as ther tricity generated by the reactor. Citimana What we de is provide that if the conduct their esorta beaune the people who believe that their Governor or State senergency plea proposed by the State of America are not seriles about civu leaderships are not moving on this have under the precedures ther outline is nog detense. Nevertheless, thms civil defense plenty of opportunity to exprus their acceptedby theNRC.thentheNBCshall ametala cannot be national 1ed.

wishes and feelmas on the matter.

simply catahliah an intesta plan.

AB these thmes cause me t'est concern.

It also provides through the estab.

De NRC estahlinham an interim plan and I see no way but to see the diminu.

J

!!shed oversisht mechantama plenty of in lieu of shutting down the plant, no tion of the rights of the Governor, the opportunity for the Congrams to bring plant rammina in efect for com.nuing in. State fatensa'me, and the State elected pressure to bear on the NRC to approve tervals of 90 days until a stata entergency nmetala if we allow an intrusion by the the plans in a timely manner.

plan is accepted.

Federal Government to come into this is.

Dere are two fundamental issues in.

Consequently.once the deadline occurs sua, It w!!! come because there w!E be volved here. Mr. President. One la there win always be an **aardahia platt serious things which will be grappled whether we learned anyttring front the and there will always be assured else. with by the States, serious things that

'Ihree Mile Island accident. Per myself, tricity. Ria w1Il be clearly predictable win ham public hearinas, serious things I learned that we abould not have re. now and in the future, that will have a great deal of pubite de.

j actors operatine in this ecantry, ear.

Mr. President, this does not upset any base. These are my reasons for resisting ta!nly no longer than 9 months after the careful crafting of amendmants or any tha amendmentin total.

enactment of this bfB. that de not have carefully thought out scheme of the com.

Mr. JOHNWION. Will the Senator fundamental plane made to accammo.. mittee. Indeed, they have put in a srest yleid for as questaan?

date an accident and to orotect the Dves, deal of very effective work on this matter.

Mr. SIMPSON. I yield for a question the safety, and the beaksh of the people 'the tesue is narrow 1 the issue is clear. Do on the Senator's time.

in the area.nat is a fundamental issue. you want a moratorium on a plant where Mr. JOHN 8' ION. Does the tanatae not s

De proposal of the Seestos" from s'8 tate either refuses. as in the probable see a problem in the Federal Govern.

i Iouisiana woule not guarantee that pro. case of Califcents, or, through inadvert. ment intruding into the agairs of the tection. Dat is the leaue here.

ence or through honest mistake or State by shuttag of its resources, such i

The named is whether the plann'ng through whatever reason, fa1Is properly as electricity?

ahanid be done by Federal or State to submit a wortalde plan within the Mr. SIMPSON. Mr. President,I do not aeancima damen*?

see that that la an intrusion. The ares What is contemplated here by the The whole quartion thenbecome what we are discussing is more critical than knata= finna 14nimiana who wtB oger do Fait want to do? Do you want to let that. Dat is we must have State emer.

an alternative to this carefully crafted the plant operate witti the NRC.having serier plans in America. We saw that proposal is a funda==ntal shift in 307 submitted a proper interim plan or do from our investigation of Three Mile ernman tal authority. It is a fundamental you want to shut it down? It is as simple Island.that we must have plans.

tamperinar with the federal systeen. It and clear as that.

Mr. JOHNSION. I agree with the would give some authority to the Federal Mr. President, my drafters w1H soon be Senator. There is absolutely no disagree.

Government which has never before been here with the amendment. I do not have ment in the approach of the Senator's 3

obtained by the Federal Government in it at ttds post. Unless the distinguished amendment or with my perfecting N

e

_,.. - ~.

'""' " ' " L,

July It,1979 CONGRESSIONAL RFfY)Rn-SENATE Sm amendament. nere ts no diferesee in the they pat out guidal!aan so, we know esa Mr. JOHNEIUN. I have stated that I initial approach of allowing the State sentially what the major framework for have not substituted my mechantam for

' or the State civildefensepeople workine an evacuation plan is, has la already that of the Senator froer Colorado but, to put tesother theirown plana.

decided upon and mandatad by the to the contrary, have adopted his mech-De only quesuon relates to the enac* guidelinen provided in the amendment. antems and changed only the sanc-tion.*Ib say we are ta1Mnm about States' which I not only do not object to, but tion, the sanction being the NRC's plan rights in an ama where we are settins certainly.aposove of.

In my case; the manettan in his case ready to legislate a abutdown of a plant; Den we have this process, under the being a shutdown of the nuclear plant.

It seems to me. la beside the point. We amandment of the annaaar froen Cole.

To sum it up, my b111 provides for elec.

have s! ready taken over time area of ntn-rado, where the NBC works with the tricity with an evacuation plan. The clear enerry; indeed, thte very statute State and with the civil defesas people amendment of the Renatmo from Colo-concons hderal contret of nuclear caming out with a State plan. so that, by rado and Wyomint provideo. In the case

energy, the thee we est to the NBC.by the time of no plan. for no electricity. either. I The whole gnatirtt is one of mort-the plan is turned down.therehave been think that is an inappropriate manction.

torium, or of shutdown of the plank.na consultattoms, there have been guide-Mr. SDEPSON. Wul the Renatne yield whole quest.1eum is one of a na==* tan as to Haen. therehas been e==ta*H^a of the for one moment?

what happens if we da mot set asm agreed State plan.

Mr. JOHN 8'IVN. Tee.

plan pas enceh-by the State.

We ase met talkins about subsututing Mr. SnEPSON.1haveonefurther dia.

Mr. HART. Will the 8hnataa ftzesLWP= whoisaale s Pedeeml plan wit 2h Federal tinguishing point.I think, which I think i

rwnina yteld to me7 marshals for that of the Stata or of re-is the moet serious Saw in what the br. senswSON.1 yhld to the Senator spawns Steier te dos things that artim-Senatart amendment proposes. Actu-r from Colorado.

possible to do.

aHy. under the language of his amend.

Mr. HAarr. Mr. President. I wish the 7Er. HAB2. If the Senator wiu yield, ment, we have the interim period of tanna were as simple as the anname hasa it seems to me the reason he has pro-time, which is set for 90 days. nen we a

Y nnw a n a suggests. I thtak 18 is anar.ta peesdhis===ad==nt la that he isarm the also have addiuonal extensions of the more predamnd however.

States, or a particular State or particu-904y period, which is a subversive type 141 me hypothesise a attuaticus, e worst las Oceerper will not workwith the NBC. of sattuaien which can conthme on and esse 6 that censeras the Senator fran Is that not the reason bala proposing the on. I think that should be carefully Ioutsiana, a State which, in one war os

====d==nt1" nalnamd out beform we set to sb result on another, falla ten prepare a plan or pre-Mr. JOHN 8' ION. That Is one of the this.

parce an inadequate plan.'Iba annatar principal reasons. because it may be, in What it reaZ17 Insans la that everg-1 proposes that that undertaking then be-esost, k1Heds by the Gewernor. JerrF thing could stay interim for many, many comes the ra==n*"ty of tha hderal Brown la a. perfect namnia because he monthauntil the Federe& Oevernment S-Governmant.

said as late as last night that he op-nally makaa the Stata do it, the way Mr. JOHNEIDN. Aa an interim plan. possa nuclear energy in any form and they wanted theta to da it in the Srst Mr. HART. WeII. Interim until what? wants to do away with asiatfhs plants, place. Intruding in their particular in ~

Mr. JOHNKION Intetm in 3-montis Mr. H ART. Egen. though hfa State, as herent State aNietinna nog win ham-increments-until tbs State does present I have indicated, has a. very workable mer at the interiza plan and we wiB set.

its owra plasp which is aaeoptable, and presteestas emerspecs evaan=Ma" a 9Miar estanalen. and the State will Mr. HART. I abs 3 cana back to that, plan.

not respond and, we will have another becausa the problesm ia a continutas ama.

Mr. mRNDN. It may have at this 90-day atawan We shall have muc!L If what the Benesor freen Ioutstana is pains. but undaratand, the issue of his leam of. a red herring and more of a cold concerned about is theso-called retnici. kiinnt nuclear plante or ast evacuattorr turkerein that attuation. I think that trant Governor, who may just be angp plan wouM not have been avaDahle to is thad!Eerence, nuclear.that 3-month period is going te him but for me amendment d the Sen-or usannaamre me. saa are 8

W o

ready State which Mr. HART.That is not the case at n!!. ready to introduce the====d= ant mm.

th to thag ne States have ahrays had, since the as as matter of fact, have at voted on. It te th plan ta for th the a Stata can be implamantad ? It snar nog plans. He poblem was that there was m desire N h 80 because g on is yleid gt,oca,==rg a - - = tha m ere arm - t ed b-h or -

- swfM -,.eth m.a M.ere a.re bach===ne, I= m. Senator. Fisid

- who oves.

Purthermore, even anere profvundly the Ranmaars proposal may, in feet, evens' my ludgment, are in jeopsedr. Unless we Mr. 8DEPSON. How much time re-

• 'm Mr.Freesdent?

be unnatitutianal. What he contem han some mame W force Shtes todo that, that mitnatten k going to con.

""'Ihe PRMBIDING OPPICER.The Sam-plates is the Pederal OcVernment impon" ing scene burden on the State which the ttune, no mar hantam guggggnad by me starfrean Wyomine has 17 minutes. On this amenament, there vill be 10 minutes Bute may be legally inestpable of carrr* Senator frenn f antatana is not only in, Ing out under its constitution og undes adequate Dr that rgard, but also creates on eneh side; that is, on ta4' amendment its laws.

a host of other problems of the Ptderal proposed by the Sonetor from Miatana-Government imposing sosne reuponsibH1 kh SInd78DN. Mr. President, I yleid he Senotor's suegration borders on ges on status Qatmermaynot be capa. bees.surtimeon the amendmaet very serious tamperint. I think, with bleof carryingout, no Ppasarrm opyICEB. AB time State pouce powers and other r==premi-T ask the 8enoter thsu Zeufstana to is Tsaldad back. The'h*- !s in bmtise of that sort. That Is why I said centemplate testana*erar ff we are talk. order. The Clerk wilt stata the amand.

j earlier that this is a very profound ques-ing about worst cases, of a runawarNts, ment.

t3os of federalism herw. I do not think clear Regulatory Commisslean tant is The tagentmasse dark read as follows*

i the Senator from IAniminne really wants teseDr ausstadfuE of the resources W a

'rks> esmaeme froen Im (ntr. Jomme.

te ventare into this thicht, because it is pastacularState. suggesung to thes State T*'r). for samment ene ama. anc6 mas, proposes a very, very dificult one-that R has tothave a8 sorte of transport. an unprename===-a==as===mased 361.

Mr. JOHNION. Mr. President, if the tation devices and factaties, ma sorts of Mr. JOHNEIVM. Mr. President, I anat A*"m'" will yield. the gna=Han of van-police capabilities and powers that may tmantmous consent that further reed-turing into the area of federalism and not even be==aa===adatad with some ins be dispensed with.

Statea rights la really a red herring. constitution or lawe end, in fact, mar The PRESIDING OPPICER. W!thout What we have here is a carefully crafted evert be contrary tem its consutution or obMedon.it is so ordered.

""'admant by the committee, where laws-The amendmentis as foDows:

I l

I 1

n

.,----.-_-n.n

S 9478 CONGRESSIONAL RECORD -SENATE July 18,1s7s the Auswousst No. sat to operate where there is no plan avail. from Connecticut (Mr. Ruscorr),

In the test sentence of subsection (b) of able to procent the people in the area Senator from Illinois (Mr. Gravspoom),

and the Senator from Massachusetts i,

section 202 esitte an after the phrees " great-In case of an accident.

est circulation in such state and insert in That is a serious divergence h1 the (Mr. Tsowcas) are necessaruy absent.

I further announce that the Senator 1

",) g3, m' I",,,****

case of the proposal by the Senator freen front Montana (Mr. Bams), h See

'*8 g

Imulslana from that of the committee ator from Oklahoma (Mr. Boass), the ment Asency and the oovernor of the state. approach, and I think it is a fatal one.

shan unmediately estabush an interim amor, We will either look after the protection Senator from New Jersey (Mr. Beast.sT),

the Senator from Missourt (Mr. Eaoz.a.

sency plan for each such f acinty whica com. of Citisens in the areas of reactors pres-TON), the Senator from IWichinan (Mr.

pties wtta much guldennen. Any such pian estabushed by the comm* tan shan be es-ently operating.or not.

sended at ninety dar intervals, untti the We are additiarraltv going to look after Iavur), the Senator frma IAuisiana (Mr. Imme), the Senator from Arkansas m=mi= ion concure in a state plan."

the protection of people living in the In the last mentence or subseessan (e) area of reactors which have not been (Mr. Peros), and the Senator from MAchigan (Mr. RIscLs) are absent on

[ e. I tne $ and nad M

licensed, or we are not.

In the case of the committes proposal, ogncial business.

I further announce that, if present subsection (c) sne fououtna new eentence: we contemplate doing both, and without and voting, the Senator frams natchtgen In the event the commwon withhma imposing by the Federal Government, ca (Mr. Iasts), and the Senator froen New suca concurrence for any state anersency plan under this subesetton. the co=mwa=

even permitting the case to arise, as situ. JeresF (Mr. Baant.st) would each voto ia consultatson with sne Director er ta*

anon where the Mderal Government "nay.**

Merst Emergency unnap,= ant Asency and could impose.--

Mr. STEVEN 8. I announce that the l

the oovernor at the state, anan i==amately The PRESIDINO OFFICElk The time Senator from Colorado (Mr. Amasavaope),

i '

Iuch t ut yIbi St of theSenatorhasexpired.

the Senator from Tennessee (Mr. Banza),

Mr. HART. A paritarnantary ineluiry, the Senator from Mlasourt (Mr. Dam.

co e

unes. Any such plan estennebed by the com. Mr. President.

rostah the Senator from Nevada (Mr.

mienton shan be estended at ninety day in.

ne PRESIDING OFFICER De Sen. I.azaLT), the Senator from Idaho (Mr.

tervate, untu the commt=iaa concurs in a State plan?

ator w111 statelt.

McCLons), and the Senator from Wy-strike new subsection sosta) and reden.

Mr. HART. How much time was there cming Ger. WALLOP) are naemeanrily Ignate tonowing subsecuans accordinely; onthe amendment?

Mr. JOHNSTON. Mr. President, I ask The PRESIDING FFICER. Two absent.

De PRESIDING OFFICER. Have aR nn=Mm== consent that the time on this minutes to a side.

Senatora voted 7 Mr. HART.Ithank the Chair.

amandmant be shortened to 2 minutaa Mr. JOHN 8' ION. Mr. President, under De result was announced.-yene FF, on each side.

our amendment, a newly licensed plant, nays 40, as follows:

The PREBIDING OFFICER. Is there or a plant just coming on line, would gaane vote yo. gpg gag,j objection? Hearing uone. it is so ordered.

Veas -.87 Mr.JOHNSTON.Mr. President,I have. have to have an approved plan. en ap-proved evacuation plan. It is decoupled asumen umon-esamits previously discussed this amendment. I thint it is very clear. It is just a question only in the sense that it la not brought menteen - num pmeer ses,nnas mea srae.

Jesassa ans of the chnica on the sanction. In my into thelicensing process.

So it is no ground to withhold an op-caur'ea'# M

$am"

m""',',

amendment, the sanction is for no plan, ermung licensato have this plan in efect.

r-a.

.ygg,,,,

cansa for the NRC to come up r.th a interim However,it may not gointo effect, the Damentet u=e====

Taurmand plan for 90 days. On the question of the plant may not operate without a proper E,,

,{ g Esten

~ Tower omtfng amendment, it will be the shut-evacuattw1 plan.

1 down of the plant.

Mr. Prea& dent, the issue is very clear. seaan peu Toune I reserve the rematnder of my time.

Estas Percy Sortnamy Mr. HART. Mr. President, u i undu-We both want mavimum protection. We seutnes onener ant an approved evtmation plan.

M84 stand, on a brief reading of the amand-ment by the Senate frt.m Ieulslana, it Under my amendment, we get both an mark oarm -

wornthaa has, in addit!on to the defects that have evacuation plan and electricity.

~ 8*8***

Mr. President. I yield back the re-Em l

been already pointed out, an additional mamder of my time, and I ask for the sumpers orn, a Freenter l

one which is a substantial divet?Muce of arre, aosert c. mars Praemtre the proposal of the committee. 'IM is. It yens and nays, 188 The PRESIDING OFFICER. Is there @

"n*oure I

m decouples the preparsuon of emergency a sufBcient second? There is a sufBcient cec 3ran Jama earhanas response plans from the licensing of new ct = aa Kenneer seawmaar plants as well, which is an important second.

cuine tsaar esmoson feature of the committee proposal The yees and nays were ordered.

I'g.se,r,,,

g e, u

In our amendment, we attempted Mr. ROBERT C. BYRD. Mr. President, at l

throughout committee deliberations, to I suggest the ahmanes of a quorum.

Durenaereur ascoovern 70's unicaer

'I13e PRESIDING OFFICER.De clerk continue not only the conditional opera-Nor vorDr h as tion of reactora in existence on the ac-will callthe roH.

ceptance of an emergency evacuation ne second assistant legislative clart %

Durtta uusase P'

U**

• E

seger plan. but also the issuance of operating proceeded to call the roll.

nauaus Mr. JOHNSTON. Mr. President. I ask moren ra et licenses to future plants under construc=. Smantmaus canannt that the order for armaier te rta es m nson sure= set vee roonens tion.

What this means is that if the anata the quorum call be ramew=4 wauop adopts the amendment of the Monator

'I1 e PRyminING OFFICER. Without kT m

from IaMan*_ plants presently under objection. itis so ordered.

So Mr. Jommatow's amendment (UP construction for which an operating The question is on agreeing to the 351) was rejected.

license will be sought can 30 into opera-amendment (UP No. 351) of the Sen.

Mr. HART. Mr. President, I move to tion without the approval of an emer-stor from IaMana The yens and naye reconsider the vote by which the amend.

have been ordered, and the clerk will ment was mjected.

gency evacuation plan.

j In my judgment. Mr. President,in ad-call the roll.

Mr. SIMPSON. Imove to lay that mo.

dition to all the other objections, this is The legislative clerk called the roll.

tion on the table.

j sn intolerable situation. We have either, Mr. CRANSION. I announce that He moton to lay on the table was as I said before, learned something from the Senator from North Dakota (Mr.

88"*d 80" l

Three Mlle Island, or we have not.

.Bunatem), the Senator from Florlds (Mr.

Severs! Sendre addreened the Chair.

j In this case. It is not a question of Can.as) the Senator from New Hamp.

whether we will continue to use electric-shire (Mr. Deaxxx). the Senator from The PR8NThING OFFICER.The ques.

ity being generated by existing plants. Nebraska (Mr. Exon), the Manate froen tion now occurs on agreeing to the 4

manat-amendment of the Senator from Wyom.

In addition. It is a question of whether Hawan <Mr. Marsawana), the we will permit new plants to be ran=ad from Maine (Mr. Massa), the Senator ing.

u I

1 1

~

July 16,1979 CONrutpwnNAL RECORD-SENATE S 9479 w au wousw? aro. ass esseresecy response plans do not conform to in =1rint!ng State emergency pla ns. Such Mr. OLENN. Mr. Freektent. Isend to

===ma= ousestines umzores prior to th*

measures wouM have to safer tard the the-desk a anharttnte amendment and ---

^ 8' thl* 888*18't 2 888'88r pubile.h=alth and safety in aciordance

^

I ma.t for its immediate conafdaration.

87.3 withtheNBC's statutory manda e.

gn.

shan ne PRESIDING OFFICER. The hmensmesMMe feram susp.no the opersung 11eense or any utslaus, a niant

• =t is, perating it si pantal amendment win be stated.

una factisty far wassa tasse ausses no state ne maststant let.alative citrk proceed. reenotessana essereeney response plan e.,

power

• increasing the number of NRC ed to read the amendment.

wrred ta by the camassannon p-a=* to inspectors, the frequency of

• heir in.

Mr. O::.ENN. Mr. President. I ask Mm-emeneyed pnor to taa enactment spectione. or both; temporari!/ increas.

tmanimous cocaent that fuzther reading er tala section suen suspension saan remata ing the number of certain ty.ws of per.

cf the amendment be dispensed with, f 2 '8'et untst a praa is submitted wnten the mann=I employed by the licensee; and, ne PRESIDINO OFFICER. Without ca=== ton determines to be la compnance in extreme cases. shutting down the plant

. Oh 8"***"

1"""

Other aa-es might sin at imprair.

Mr

.I view the amendmett I send to the denk as being ing offkite preparedness in ortier to alle-between the two positions that have been ME HAITI". M. President, nar"a==n-

. vista the ceaannences of a potenual debated here this morning tary inputry.

accident. Da NRC owM loan equia.

I think we need to remember that shtre, na PRNO OFFICER.h Sen. ment such as Mamn Inonitors, tele.

i una down a nuclear-powered electric stor will state it.

phona lines, har*npa and emergency generatina' piant in most areas of this M. HAM.Is the arnedmant oserad warning systems: it could order a.11-country in the nature of a substitute or a pet. cenaea ta contribute to the cost of such he PRE!!IDING OFFICElt NChair feetang amandmand hardware. NRC could. support increased cans to the attenuon of the Senatnt frun no PREEIZENO OFFICER. He testing of esnergency plants; aga!n. It Ohio that the Parliamentarian adtteso amanhm* le ofered as a perfecting might order its Heensees to help nt.

m

ant, h hminaian Inight order a haae the Chair that the substftute is not prop.

erty drafted as s substitute.

M. MART. I thank the Chair.

to establish a temporary oEsite emer.

Are there any further amendments to ne FRESIZENO OFFICER. Il la en sency center. It coukt, in coordination a==adm==t la the encand degree 6 and with the new Federal. Emergency Mani.

be proposed?

Mr. HART. Mr. Precident. I mak for the there wet he It minutes for each side. asement Agency, cancetrata the capa,.

yens and nays on the eteunittee amend.

W.0M5.hPresident,the amend. bluuss of Federni e nergency repones ment.

ment I propoem to ofer has a threefold Pa'a"na8 in vicinittee where State plans ne PRESIDING OPP!chA It theng purposer to inces the deveicoment of have been foundwanting.

a suf5rient second? nere to a sufBeing optimm SInte plans for Malat ent M. Pmklant, tha ht-lan can i

emergency reopeneet to provida for insure sia these type of actions that the second.

ne yens at.d nays wereorderedi.

manense to eranpan==** for the interina puhua is as safe as it would be if an Mr. OLENN. Mr. President. I suggest in those plans and to avagd State plana had been aproved. WHb auch the absence of a quorum.

nnna==a'y eartaiknent of affnfe, ant measures in place, therefore, there le ne no asetetast legislative chrk' cared energy somm.

Immamata need to shut down opeting the ron.

Mr Freeldent, rarely has the need for plantaar to withhold licenses that would a'Pandad and intenetSest protection of, eenphaalaa. of course, that, thena seese,aD i

Mr. OMNN. Mr. Presidenh I adr the puhBe beast as clear se in the ares unaMmous consent that the order fbr the quorum call be rescinded.

of emergency plasmans' around nuclear una should not comunue ad inanitum.

The PlutninING OFFICER (Mr.HVs. powerplank nie type of emergency R a certain point the hniansan must et.asvon). Without objectiotr. H te so ar. nian*Miergely a State function; but. Impme its W

-nh nia e dered.

until the accident at Bree MDs Island. ahutdown. I propose that the NRC not Mr. OI.ENN. Mr. President. I send to the idea of standardising, omsoning, and be faced u confront that situation unut the desk sa amendment to the Simpson soprwint State aforte received scant M 1.198A It la 'uy understanmnF that amendment anti sak for ite !mmediate attentSuer. leerwe realise that the certi, they will very likeV not have to confront MemNn of such plans amat ha an 2 at aH. hm W omclals fmsse consideration' ING OFFICER.The clerk integral part of the N regulatory G

• 8 gornut with t

annen $

The ID But we meet sko ren!!ss sum! other E Mhd in the interim. a number of assistant legislative Ierk thinge-First. we do not have a fur aeg avenues exist by which the public can ceeded to read the amendment'I ask mee right nw. Second, b MW h h with the Mr. OLENN. Mr* PresidenI' j

we cannot stop the clock.--or the coun,- Commtmainn s own atendarde withoet am be pensed wt ef.gh,",, sources of energy objection. It to ao ordered.

a a d not deny the Nuclear Regu'atory I would add to my statement. M.

De amesidment is as feuowe-n a certain annsnw n.

that it in a me eisetrical

=

fty in danHngr with States plane that are generatins plant in tatta country that

"""' sawer wo, sso at dtNerent stages of development, does not furnish electrical power across a

At the end or section 202(a) w the nepubile needs adequate sahguardt. State linen nerefore.. the deaciencies

'8U***8: P""8** am*w. *rhas untu July both before and after aD the State plans of a plan in a particular State, and the i

l

$$((

j to the are appooved. It does not need a rush to shut down of a plant there win affect ant to commtadon s mounes em Qp shutdowns or unnecessary daniak of op. not only that particular state, but other prior to the enactment of t2us ametaca in nr. oratingIW for Dewplanteleactglegg Blates aroundits aret i

j ronha or w1N'4r concurrenas la stase that measure of safety.

Deremight be verylittleneed to shut redingtent unergency reponse plans, tr, I een therefore proposing that the down if the plant is operating satis-i upon issuing such uceoas. the rwmmeaatan NRC be required to inspiament compen, facterily, parucularly if the NRC can impimenta compensatorr measures to sare. satory meestame--that le. measures that comein with an=p===*ary measures to pubM,e beakh ? 1,antety."'

wG1 tempererGy fill ter the sage in State aHrw that plant. to keep operating and t

tamart the renomas)

?'--*

" two types ot situatione.no help supply some of the 13 perant of wg Sret 2 :volvesoperating plante tu States thie Nation's elsetrical pewer that is now that do not M haw apprmed emer. suppued by maclear generating plante of section. e comaus on ohna ment compen,ato,y

,,, g,,,,,,,,,,> gencyplans.and the-aand involvesnew acrou this country.

the pubite nearts and sorety seminst the nake planta la that same category of States.

Mr. Pneident. I reserve the rarnainder

• =moetared with the operetton or any muuma.

I propose that until July I 1980, such of my time.

tion ractuty ror whica the comnu== ton has plante be permitted to r'taintain or begin Mr. HART. Mr. Preefdent. Srst let me 1""*d an operettna Itecense and vtth re. operstions if the NM 1mplements mess. assure the Senator from Ohio that the spect to which estaung asate =may=

ures to compensate for the inadequactee Committee on Environment and Public t

4 l

.. _, -- - - - --- -..._--- --,..--.-.,~ ~, - - -,

4 S 9480 CONGRESSIONAL RECORD-SENATE Jtdy 28,1979 i

Works is not rushing to shut down re-out, as 10 or 12 States have already done. ' enforcing men'aum, we would be prcvid-l

' actors. The bill we have before us and and it is something the Federal Govern-ing additional safety in the interim pe-l certainly the clattfying am-Ama=% of-ment has a r== pan =Mty of ordering riod while these plans are worked out.

fared.br the raniring minority mamhar or getting the States to do in a timelF I feel it would be better protection for the American bublic and for anyone liv-of the subcommittee (Mr. Sasroom) and manner.

De amandmant ofered by the Sen. ing near one of these generating plants.

I myself represent a very enn=M*'ed.Very stor freen Wyoming and myself does I,would hope th&L.the !!oor manager 3 carefully calibrated very well worked that, and for that reason I think the would reconsider and accept this provi-i out erort to respond to what is a de= ecomittee would be forced to resist the ston for the bill.

piorable and immeemptable situation; amandmant ofered by the Senator frosn Mr. HART. If the Senator will yield namely, that there are doesna and doesos on my time. I would agree with what he of reactors operating in this country Ohio, without acceptable emergency response Mr.SIMPSON.Mr. President has said. I think it is a good ides to spell J

plans to protect the safety'and health He PRESIDDIO OFPICER. Who out what the compensatory features are.

of the people in the area of those - yieldstime?

nat feature of thef enator's amend-S Mr. HART. I yield such time as I have ment wou'd be completely acceptable to l

reactors.

The Senator seeks to extend this pe-remaining to the Senator from Wyoming. the committee. But uf ting the sanction, j

riod of time, among other things for Mr. SIMPSON. Mr. President, I would in the absence of the plan !s not one 3 months beyond the 9 months simply add,in accord with the Senator that the committee is capable of accept-j l

which our amandmant would suggest. from Colorado (Mr. Hant), that I firmly ing. 'Its other feature would be accept-s We did.not pick 9 months out of the believe that the figure of 9 months is able to the committee.

air. That was a length of time that was realistic. It is something that can be Mr.OLENN.Mr. President, we do have 1

strive at after wry careful consultation lived with by the NBC, with whom we plant shutdown under my amendment at wit's the Nuclear Regulatory Commis* have checked thoroughly on this !ssue. the end of this year, July 1.1980, which ston and other o rima, and responsible Rey feel that within 8 months the would be 9 months into the new fiscal m

ear Bo we do not eliminrte that en-1 individuals knowledgeable in this area. plans will be made, the various State yd machaniarn of keepi2g their feet It is my thought, having seen what has emergency plans, and we are eBowing 1 f

j gone on here this morning, that if our more manth uguier this propoenL to the fire. I reserve the ramafrA*r of my ommittee had proposed 15 or is months.

I believe I would set back to the real ym,

ananne would have come in with an issue in the entire debate. It is the cri-Mr. HART. How much time remains.

j amendmant to make it 24 or 30 months; tscal surprise that this committee was g pg.uogy

)

i that is, any period of time our committee, faced with when we fcund out that vert.

The PRESIDING OFFICER.De Sen-having taken tesH=ane and held hear" ous States had not prepared State stor from Colorado has 2 minutes 25 sec-insa, had come up with. I feel perhaps emergency plans. They wiu do so now, e W the sesta tm OW has 4 9

there would have been thcee in the In" There is no questica but that they will.

i a

dustry who felt it was not enough. Nine I see no need to extend the time. I think 3"Iy" I'd* ho'r rnuch uma remains mones. I mpest. is not a rabR paed 2e impetus is he,e. I hope we can keep

"$,i$raTor,";::".res.I: @,3$2F~ae^"O

$E"c*ior30 hasS"ie i

e t

o e

""I"I"8 **

• I '"

i seemed to me. in Hataning to those, that Then I feel my other very real con-fran Wyaning has 7 MW ph if aStateor operatingutilitycanputinto earn, that relation of campanam*-y lag.

place those very complex so<nned com-m u,es. I know not what that can be.

Mr. OLENN. Mr. President, I suggest l

pensatory measures. there is no reesca in But I can assure you, M, r.PNddent. 2st the ahaance of a quorum.

)

l the world why that State could not come gg g g,,

'Ibe PRESIDMG OFFICER.On whose i

up with the kind of emergency response in the tdH with regard NBC' adu I

is rattu pmoodura, W wul be udas Mr. HART.Mr. President.I ask unan1=

f to th that kind I

M h h MM W anos nnnunt mat a queuan can M in

)

technical and adni nistrative complezi. g g,,,,,gg order with the time to be chaaved to i

ties involved in these compensatory g g,g am,,,ran,W measura neitherside.

1 measures would be more dit5 cult to put g,g The PRESIDING OFFICER. Is there in ptsee than the kind of emergency re-be est U " N "

objecucc7 Without ejecuon it is so on

)

sponse plan that 10 States already han g have a grave concern about the def. dered.'Ibe clerk wulcad the roll.

In existence'rd to the Senator's so-caBed in 21s amandmant as to the The assistant legislauve clerk pto-With rega 3,,I W W me h canpensa-ceeded to call the roll.

i downrating proposal. In our investiga.

g,,,,

Mr. OLENN. Mr. Prmidant. I ask Mon of the nahenck and W11cos reac.

I hope we might defeat 2e amend-imanimous consent that the order for tors in the light of or in the aftermath ment.

the quorum call be redad e

of the nree Mlle Island accident, our he PRESIZENO OFFICER.ne Sen-The PRESIDING OFFICER. Without i

committee was told that downrating a, tor fram Ohio.

objection. itis so ordered.

s plant does not protect the people in the Mr. N. Mr. President. I feel h area. It is not a suscient taehnical or aman a ha namtnktrauve remedy for the shamnea Mr. OLENN. Mr. P@nt rsend to g

safety the desk a madmention to my amend.

of emergency plannt"'

s In me ex-Finany. Mr. Preefdent. the amandmant I[D ment previously submitted and ask for ting D#D8 its considerstlan.

presently before the Senate containe to change, there is nothing hat gives The PRESIDING OFFICER. Is there mart of the same defects contained in any authority to NRC to 30 out and de. objection to modifying the amend.

1 the amendment of the saanatar fromIm anything except shut down at the end

,,,gy fatana which the Senate has just rejected.

of that 9-month period.

Mr. HART. Mr. Preldent, reserving There is no final action, just a mecha-The amandmant I am proposing would the right to oWat, can we Sud out the nism in the amandmane, nothing that mean 2&& W122n 30 days after passage armemen of it before the unarumous seelly sives the mammage to the States of this WalaHan NRC would be able to canmant is entered into so we all agree that.this is a fundamental pr$crity the I

States must carry out and get done in take these compensatory measures. ad-as to what1s being offered?

1 ditionat inspections. Immediately. and Allright.

a raamanahla period of time.

cover these plants with odditional safe.

Mr. MN E Mm resen-i FinaEy, the Senate has already re. ty owr the next 9 monte while these ing the right to obM. I han a parHa-jected the idea of the Federal Govern-safety plans am worked at, ment imposing its win on the States in So I would submit that rather than mentary inquiry.

i 4

the area of emergency planning This is watting unut the end cf that period.

He PRESIDING OFFICER. The en area trad1Hana117 set aside for the maaring a. cutoff and using that as the Senator wiu stateit.

States. It is an area the States can carry e

_..m._

,,.my

_.,.-7

l July 16,1979 CONGRESSIONAI. RECORD-SENATE S 9481 l

- Mr. McCLURE. If there is a madinea. tas enacensat of this aestion la asonung or amendmant, the NRC has an alternative tfon to the Glenn amendmant win the

"m'"Y commurrenes la such plans.

choice, and that is all they have. They In section m sertae "wt hvo the chnee tu accept a defocuve

- mndtficattan then be subject to the time

' remaining on the original Olenn ","*'"[g $,** M* k State plan or close down the nuclear g

,,,g une t.19ee.".

amendment, or will it be treated as a pist in quesuon within tha t State. 'Ibey new amendment with a new time limit?. 'Ibe PRESIDING OFFICER. Who have no halancing that t1ey are per.

ne PFNINO OFFICEIL ne mod-yields time?

mitted h do of a social e ec=mnir tacation will be considered as the old Mr. OLENN Mr. President. I yleid value of losuro or continustion. It be-amendment so it will be the old time myself such time as I may fiquire, comes an shoolute: approvt the plan or umit.

His madineation requires compansa-shut them down.

Mr. McCLURE. Mr. President, further tory measures starting in 60 days for And that would be true us of June 1 reservics the right to obiect. if the Sen. plants operating with a daMan' state next year under the Olect amendment ator from Ohio withe'aw his original plan. It also extends to June 1.1A the as wou. AmInot correct?

em,memant and subrsitMd mother one, daaduna for shutting down plants wt 'ee Mr. OIENN.. hat is ehat we were.

would it then be a psw amet *hnent sub-State plans are not yet agmd. & J trying to avoid with the original version agrees with the orW am*ndman* W

• this and what att11 is e possibinty, as ject to a new time limit?

i no PRmmING OFFICER. It would. providing t' tt no new plants will open the ahnstor has outlined it, under the Mr. McCLURE. Mr. Prealdant I won. until a es dactory State emergency way this is going to be passed. NRC.

der if the manar,ers of the blu or the plan is in e&Ct.

however, has advised us they expect au Benator frr *t Oh a would have objection I ask the distinguished Soor manager plans to be in amapHanan with current-to doing it in th 4 mannar so we would of the hill, as I just etunad it. Is that guidelines by next May.

have an wortuilty to discuss and un-hisunderstandingof theagreement?

Mr. McCLURE. Mr. President. !! the derstand v aat is in the new amandmant?

Mr. HART.The annatoris correct.

manate w1B yield further. I am advised Mr. HAP.f. Mr President, as the Sena-Mr. OLENN. Mr. President. I reserve that that la making three very favorable i

ar from Idaho Luows, we have been in-the remainder of my thne.

• ==i"nI*iana in order to come to that led here 45 minutes or more in nepo-He PRm OFFICER. Who aanchistan If any of those three very

.antinna on this. It is my under=*andtaf yields time? "

favorable assumptions fall then the as-It. is acceptable to the committee. If the Mr. GLENN. Mr. P:ssident. I yield such surance wul not materialise and we will i

Senator wtsbes to debate it some more. I time as necessary to the Senator,from be up against the1 very Draconian guess we can.

Idaho if he wishes to speak.

choice in which the NRC again has no Mr.McCLURE. I wish to under=tand it Mr. McCLURE. Mr. President. I thank option. They cannot balance the hanenta l

and I understood the Senator from Colo

• Gw 8enator from Ohio for yielding.

or risks of cicours against the bene 8te-1 l

rado is indicating that. in spite of the 45 As I understand the essentist differ-or r!aks of continuation of operation of minutes of discusalon, he wishes to un. ence in the Glenn perfecting amandmaat-the plant. Rey must order the plant derstandit also.

as madined it changen the original Hart-ciceed.

81mpaan language only to the extent that, Senator yleid for a questica?

Mr. HART. Mr. Prssident, w1B the Mr. HART.ne Aanstor from Colorado it says for old operating plants com-is nasured that it is the agreement that is entered into. But the Senator, of course, pensatory meneures wlK be undertaken Mr.McCLURE.Ido not have the time.

I can protect his own rights.

lanaadiataly for au plants where there le

%s PRESIZENQ OPPICER Ger.

Mr. McCLURE. Does the Senator from no approved State emergency plan.

Rmsor.FM). De tinto that the Senator Ohio object to withdrawing his earlier Mr. GLENN. II the NRC agrees, from Ohio then y!alded to the Senator amendmant and submitting this mod 18-though; that such aamp=neatmy meas-from Idaho has expired.

cation as a new amecdment?

uros win add to the safety of operating nere are 5 minutes reunalning as the l

j Mr.OLENN.Iwin not object.I thinkI those plants. The Sanster is correct.

nannte from C6crado (Mr. Hast) can explain it in about 1 minuta. If the Mr. EcCLURE. And rather than the knowe. He can more froen that point.

Senator from Idaho wishes to discuss it, time lim to =raaM in the Hart-Simp =

Mr. HART. As I understand the ques.

I would be happy to scenmmodate him.

son lansunge. the closed-down order, tion, or objection that the Senator fran Mr. McCLURE. Under the time cos> where it are was 90 State-approved plan Idaho has, has to do with the role of State straints the is very little time remain. In place, wedd occur on July 1; 1900, legis1stures and the problem of them not ing, and 7 do act know if it will take mR but no' before; la that correct?

being in eneston. Is that correct?

the tune but at least I think it affords Mr. OLENN. June 1.1980.

Mr. McCLURE.Yes; in essence. I have a!! the dembers of the Senate a little

~4r. McCLURE. June 1.1900. Then the two objections. One is the time it takes greater pr%ection in trying to under. Bart-81mpeen language is tied to the for.the State legislatures to act if, as a i

i

.$nd Cast is in the modified Glenn passage of tN lag *=Intian And if as a matter of fact. State law requires their l

• n imt.

matter of fact the legislation is not involvement.

Mr. HALT. *{r. President, the ruanh pensed unt11 sometime toward the end of Mr. HART. That is exactly my qt.as.

amandmam was debated atmost to the October the time is virtually tha same tion. Does the Senator know how many I

limits of 1he allotted time, neos under the two?

8tates of that sort there are and whether chanfea I un terstand to be rather miser.

Mr. OMIN.'htis carrect, any of those Statein fact are h m I mak unan meus conse'st that there be Mr. n8arinnie Mr. President. I have involved in this problem?

10 minutes alla***ad to the modified had some discuselon with the Senator Mr. McCLURE.I cannot tee the Sena-amendmar* equanydivided.

fr en Wyoming concerning the cos> ter fresa Colorado whether that is a fact Mr. secCLURE. Five minutes on each straints-of-time. problems where the 'or not, whether it would affect any of side la that correct?

Statelegislatures are not noir in asesion the material piante in question or not Mr. HART. That le 10 minutes.

and the Governce does not noir have the slace the scopeof the Glenn ammdment The PRMviINO OPPICER. Without authority under esisting 8 tate law to.has been narrowed to eschara thcee objection. It is so ordered.

promulgate sush a plan, and in most of which are not now Isoensed for opera.

The amendment is so modified.

those lastances the State legislature tion.

The mamad amandmantis as foGows: would not be in seeston until the 1st of Mr. HART. Does the Senator knour of i

Following sunsecuan see(e) insert the tog. January. So we have essentially 5 months any State where an essergency response i

Iowing subasetton:

next year in thomeinstane== for a State or evacuation plan with regard to the

)

m Wrthin sixty days freet the enastaaet administratiost. a State legislature, and operation of a nuclear plant requires of thsa amenon, the Nnewean shan imple-the NRC to come to an agr=amant upon. the approval of the State legislature?

1 ment==p=aaatory measures to saraguare a very, very aamplar and'difBcult ques

• Mr. McCLURE. Afr. President. I kaser l

N wt tion o the emergency measures to take. !! there la to be the testing which is ze-the or vous Mr. President. I think that time frame quired under the proposed amendmant mauan-tacusty for whsen the=== man has issumi en operaung Heense and with re-Is so constrained that it h=aamam ahnost of the Senator fresa Ooierado and the sect to which emnne einse r= magma impossible for them to compir.

Senator freen Wyoming it would require emergency r==r-plans de not eenserm Second, under either language of the an afiltmative action of the State W to *"""==taa sulaunes auspiopea prior as Hart aimpaan or the Glenn-perfecting lature to fund and to provide the moch-

,e w

a

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J-l.

99482 CONCERWONAL RECORD-SENATB July 26,1979 antam for the implem"ntation of it:e simion's concurunce in ite State redlologi-ment protocum measure such as evacen l

e I

pla&L It could not be done Imtil after cat emergency seaponse plan, chan submit to and sheltering:

the t'a==i.=aan and the Deresear of the Fed.

(3) Initial and periodte testing or pha State approval. nat would be true of a amargency management a plan tensabutty in actunt drt11e of Basse and local every State so far as this Senator known. for :==raading to amendeau or unanucipased organimauens which are assagned responas-Mr. HART. Well, Mr. Preendent, hav* events at each euch faculty within the state. talitaas to arry out portions of the plan; ics laboriously negotiated this perfecting which aa ans-te or unanuespaaed events, due (e) vesting or responsta Uty for the devel-l amendment of the Sinator facen Ohio, to the esistenes or the immtaans pousshmsy oposas and revision of the plan in a single I can say on behalf of the maiority side or or-eate retenses at radioactavrty. crease the agency:

1 1

of the committee that we find the pro-need for acason to protect the puhHe health (s) Participatiots of faciuty Ucensene. local l

posal put forward by the Senator from and satety. ne===twaa in consunauon genrnmente, and approprtate state agencia with the Director of the Federal Snergency in that development and rettston; Ohio acces> table to us. In some regard at unnagement Agency, ohnu review each pian (e) Delineauon of respecure organtsa-least it strengthens the amendment of for compHanes with the sutdesines employed tional relen in implementauca et the pun; i

the Senator from Colorado and the San-by the na=='adan in asardtag or wtenhaw-and

r. tor from Wyrentnr. and would be ac-tne concurrence la staae r=mmas =8 smeer-(7) Identsamuon or procedures for es-s ceptable to this side of the slale.

sency r=raa== plans wush wem in eseos peditieue and rouante noita=etan and mm.

Mr. BIMPSON. Mr. Prealdent. If I es July to.1Me and ohnt! =r='amny oon-inuatomuon.

8'd'r A' ""'""f" 88 th* Di*no, og the nd-(d) Any perma may anna a promeding might in44188 of Senator itamw just a wrat a'margency wa==gn==== Agency. In the in the United statae Dietries court for the

. little enmment of understanding---

event the na==a==ian determanas that any Dneertet or cotumania to require the r'a==t -

De PRESIDING OFFICER. Did the such plan, se at appues to each speetas fasti. sana to promulgate the rune requ red in sun.

Renatar yield to the Senator from Wyo= sty, does not eomply with each g*'a'a== and erweans to) et thm sessaan it thena====iaa ming?

the 8 tate faus to correct euch Wa=

has am pegmungstad such rWe within the within nine -m t the este of emnetmaat W pened apoused thenta.

Mr. HART. Yes, e

Mr. SIMPSON. Would it be your un-of thm smesson, the na==d=8am aban enese no PRESIDING OFFICER. Twenty

"'***i",j minutes on the annendment; la that cor-derstanding that if we abould get into a gg im-ww with the conference emnmittee som, and. ta enesulmason utta me Dt asent F8C$?

that l' !s the intention of yournalf and or the Federal Snergener Maangassat Asse-Mr. HART. Mr. President, a parlia-myself, as the ranking minarity mem-ey and the Governor at the sense, se au sun-mentary inquiry.

bor, that we do have at least 9 monthe maatstely =amhnah gg gglertet em RgeRey The PRE 5tTmMQ QFy[Cgg,8Ihe Sen.

l to bring these plante into(11sition; le that paan for eneh smah fasality whack 4empilas stor ygg3 gggte gg, i

correct?

with such s=5aa'mm Amy sunk pass ammb*

Mr. HART. I assume from the parlis-Mr. HART. hat is theintention of the by ths u"sthe mentary potat of view the amendmentis g,y ta In order as a substitute?

Senator front Colorado and. I think, the m a seam paa.

committee; it is based. I believe, en aIf (m) An esan as presuenhia, but act later The PRESIDING OFFICER. Itis in or-the contacts and information we have than als months from the date of enactment der drafted as a substitute for the pend-had with the NRC.

or this acetica, thena==='an sheit by rule ing amendment.

Mr. BIMP80N. I thank the 8enator promutsam -mi-um requemment ier sease Mr. McCLURE. Mr. Mt, I am plane for r-Paadmf to aaneants or ummele=

opneed mene as enen mensana snentty u disturbed that the Ronaim earlier today very much.

QN in turntr.g down the Jahnann-McClure Mr. HART. Mr. Preeldent, I move the adoption of the perfecting amendment, g,,8* *gg amendment may well not have under.

The PRESIDINO OFFICER.De ques-eessence er the i==ia-t posseauty at og-stood some of the ramtftrattana of that tima le on astveing to the amendmant alte ressemos at redsonctivity, caense the need action. I did not oppose the perfecting of the Senator from Ohio.

for action to protset the puhus haastan and amendment of the nanatne Irom Ohio Mr. McCIERE. Mr. President, tr the safety. In the prenniention required hero-because I thir* It 18 a measured improye-amendment the Oletm amandmentt under, the ca===i==naa enan spatry a po-ment over the Hart nimpaan language.

I De PRsRTDING OFFICER. Dat is

'#8 f*' P'88"'** """P"*""" '"h '**" *

But, Mr. President. I think thero is atill

• 8'*"

,", g33,,,'%uon.

the chotee I outlined just a mamant ago, mrfect.

m=

==,

De amendment, se modified, was ahan aaa-as with the Director of the Fed, which ts not closure of a plant, Mr. Presi-agveed to.

erna energency Managen; ant Agency. Pend-dent, it seems to me that there ought to Mr. OLENN. Mr. President. I move to ing the promulsauon nquired hereunder, be better ways to assure the safety of reconsider the vote by which the amend-the Com'awson shan determine plan ede-the American people by assuring that ment was agreed to.

quacy on the banne of the sutealtnas em-the plant continues, but continues under Mr. HART. I move to lay that motion ployed by the na==waan la agording or safe conditinna withantatag concurrence in asate redsolast-on the table.

est amrsency respense plans, which were in The substitute which I have odfered la ne motion to lay on the table was esses on July le,1979 and any plan which eSeentially the original language ofered agreed to.

had reestved the na==iadan a c.r.-..

by the manatar from Imita$ana on his w awawnarmer so. ses prsor to enactment of this Act chan be and my behalf that was subject to the Mr. McCIERE.Mr. President,Ihave a deemed adequate for the puryces W that Yery close vote taken earlier, 1

substitute which I send to the desk.

Ythe ment the Oo==haan withhahia When I was talking with the Senator front fania*ana last week about the The PRFmTnINO OPPICER. The clerk en h t=-

tar any eense esnersency will report.

pian uswser this subsection. thena==n==na=

amendment which was to be adrered to.

The second assistant legislative clerk in sonsultmuon with the Dtreeter et the Ped. day, it was my under=*aadent that that read as follows:

' esnt anersency u==

ement Agency and the amendment would not be voted ott until oovernor of the state, chan t===atately so-last in the day. I had made arrange-

'The senator from Taan (ser. aseci.vung tantlah an interim emergency plan for any ments to be in Tdaha yesterday giving a proposes an unprinted

===ani==a n non-i bond ass ta the nature or a sumsutute6 such faculty wat enn les wtta th sus speech to a group of high schod Ahs last mning, and I was able, by 11Fing L".

Mr. McCLUltE. Mr. President, I ask massion shan be estaased as nineer day in-unanimous cannent that further reading servaan, untu the m=w eenants la a n@t, to be back here talar to partici-of the substitute amendment be dis-Sense plan.-

pate IIt the debate 3Dd discussist of nenand with.

(c) 'rine minimuun requirements to be that amendment, only to arrive here and pra==ts=aad under==ana= (c) ahan as-find that rather than caming up late in The PRESIDING OFFI(ER. Without eU8* protecti a f th* pubno health and the day it had come up as the flyet item objection, it is so ordered ~

, and had been voted De am*ndmant is as follows:

et at a =ta um de t l

on paso 10. nae 7. ta uso et the tensasse (1) Deutsnatsen at appropriate planning

'I tat was somewhat distreming to the at the pending -ma-as preso insert the anses surrounding each factuty on the bassa at such factors as remetar same, probank re-Senator frotn Tdaha and I say that not following'As soon as precucable. each State 20stal laams patterns froan poseble accident es. with any particular unhappiness directed l

whereta a utntaatton faculty has been u-quences, and damagraphie and land use pat. toward any individual but as just the un-amased to operste as of the date at eneemens terns:

happiness about the comse of mnts that of this Aes whsch has not obtained the com-(2) capanenty to quastly and safely taspie-mada that possible.

~

du I

1 i

July 16,1979

" CONGRESSIONAL RECORD-SENATE S 9483

~

The vote we.s very close. I have con. voted on it. If it is not, we ought to know I further mnnounce that the Senator sulted with the Parliamentarian to make what the d1Nerences are.

from Montana (Mr. B4ccus), the Ben.

certain this could be ofered as a sub.

Mr. McCLURE. We run into the difIl-stor from Missourt (Mr. EacLavos), the st!tute, and I have been advised by the culty. and the Senator understands, of Senator from Wehinan (Mr. Isynt), the Parliamentarian that indeed it can be some of the legalisms that are involved. Sonstor from Ioulstana (Mr. Isso), the-offered as a substitute since the original and it is a diferent amendment in a Senator from Arkanama (Mr. Pavos), the

}

language was ofered as an amendmant technical sense.

Senate frotn Michigan (h Ruot.s).

l perfecting the language of the Hart-Mr. HART. But suostantively the same. the Senator from Oklahama (Mr.

81mpson amendment.

Mr. McCLURE. I will not say sub-Boaxx), the manakar from New Jersey

'Ihis has been redrafted. It contains stantively the same because if I say that.

(Mr. BaaDLsT), and the Ran*k" from rd11tional provisions that were not in the Senator might well then attempt to North Carolina (Mr. Monaam) are absent j

the Johnston-McClure amendment in raise a point of order, and I must insist on ofBcialImminmaa

~

the nrst instance. picking up upon the that this is a different amendmant, as On this vote, the Senator from M!ch!-

Hart-8hnpscrr amerpt mant in some of Ita indeed it is.

gan (Mr. Isytz) is paired with the Sen.

esamtlal provisions.

Mr. HART. What is it in this amantf. Stor from North Carolina .". 2-rt Mr. Prealdent. I think this is a good ment that the Senator wishes to use to If preset and voting, the Senator way to try to resolve the question as far justify another vote? We can vote on the from Michigan would vote "yes" and the as this Senator is concerned in that car. same amendment a!! night long by just aanske from North Chrotina would vote i

tainly if the Johnston-McClure amend. maMng changes in commas and in apos-nny{"

ment or the now McClure substitute is trophes. His is either a diferent amend.

g TOWER. I anne==e that the not adopted, we fall back on the Hart-ment from the Johnston amandmant, Seator from Tenneene (Mr. Bassa) 15mpeon amendment as perfwaad by the which the Senate just defeated, or it is th Seator fran M N N L

Olenn amendment which. I think ym. not.

sents the issue and the opportunity for a Mr. McCI.URE. If the Senator dentres, y,me 8 mat,or from Nevada (Mr*

roavn) chcice.

I could witadraw my request that the g, g,,,,, g,,, 33,,g, (g,*

Mr. President. I reserve the remainder reading of the amandmant be di=panand

), and the 8mster frun Man-of my time, with, and the manatar can have it read ing (Mr. WALaar) am neem @ ab.

The PpmT1ING OFFICER.%e Sen. If he wtahes.

sent.

Mr. HART. I do not want to have ig Mr. HART. Regular order, Mr. h sto-from Colorado is rnearnimad Mr. HART. Mr. Prinident, a partis. read. I want the Senator to tell me the Id*DS-Inentary inquiry so that I understand the difference between the Johnston amend.

The PymnrMO OFFICEIL Is there situation we and ourselves in.

ment and the Senator's substitute which any other Senator in the hhar who The PRmmING OFFICER. De Sen. justiSes its ennsideration by the Senate. has not voted?

ator will statalt.

Mr. SIMPSON. Mr. President,will the Several manakars voted.

Mr. HART. De last vote that oc. Senstar ytald?

Mr. HART. Mr. President, regular or=

curred in the Senate was on the John.

Mr. HART. Yes, der.

ston amendment which. I understand.

Mr. SIMPSON. I, as one of the floor The PRESIDING OFFICER (Mr.Mov.

was defeated. Do I under9tand we now leaders of the bill, would very much ap-NataN). Is there any Senator in the have an amendmarit which ts essentially preciate having a copy of the amend. Chamhar who has not voted? If so,1st the amma amendment that is now being-ment, haean== I am certainly not going them make their votes known.

c*ared as a substitute?

to concurunttiIdo.

Additional Ranatars voted.

I*as Pa w nING OFFICEIL He He PRESIDING OFFICER. 'I1me le Mr. HART. Regular order.

Chair advises the Annaam frten Otdo. running on the amandmant-rado that thia smendmant le diferent in Mr. HART. Mr. President, being com*

He PRESIDING OFFICER. He reg.

several respects from the Jahnstan plately la the dark as to whether this ular, order la being foHoved. Are 2sre n,,,,,s who have not voted? It so, wtB amendment and, therefore6 would be in

"""d""*

!s different from the one the order.

Senate just defeated, and not apparently they do ao nowy gg not, g, eg,,g,gg Mr. HART. Hopefuny the Senator having the proponent of the amandmant taBy the vote.

i i

from Idaho will tell us what those dif. prepared to argue it on its merits, I am Additiona18enators voted.

I ferences are at some point in the dehnte, afraid I win be forced to move to table Mr. HART Mr. President, regular cr-s:nce we have already litigated. If you the amand-t, and I ask for the yens der, will. the Johnston amendment. I am and nays.

The PREHIDING OFFICER.The clerk not quite sure what is going to be salmed The PRESIDING OFFICER. De time is tanying the vote.

frorn first redebating it and second vog. must be used or yielded back before such ing on it again.

a motion is in order.

The result was announced-.-yens 41 I suppose we could plow the same old Mr. HART. I am prepared to yield nays & as foHows.

ground that we plowed an hour or an back the remainder of my time.

!*""""" V*# No. W Idt-1 hour and a half agu at some Isnath. Bu6 Mr. McCLURE. I yield back the re.

TEne-4 to far I have heard ncthing in the pree. mainder of my time.

Bark,

Oravet Nelson entation of this amendment that le

%e PRESIDING O!?!CER. He yens "d**

7maad really new or adds to the ad*atsd= ci and nays have been requested. Is there a aumisses means Presusar namenetu the Senate.

suscient naeand? There is a =nman+

musaica Inoup Pressaire The PR m MING OFFICER. Who second.

arre. asesre c. Jams annenspa yields time?

%e yees and nays were ordered, "ca2see "a"r**F Bosh Imm enrennes Mr. McCLURE. Mr. Preeldent. I w1R I

respond-cot to prolong the debate be.

The PRESIDING OFFICEILThe cocarsa unmas aca m ase cmnesom Massuansa gun a

is n o e motion to lay culw Mamura l

cause I think the essential undeutand-

.l ing of the Senate on the issue will be the on the table the amendment (No. UP. Decoment umscher wetcaer L;

same--but I am careful in how I say that M of the manatar from Idaho. N ouronnereur asormana wunasas peut uuskie because I do not want to Indicate that Fees and nays haw been N h gggyg_4g the amendment is identical to the one clerk w1H call the rou.

armastrong Essin

- Perer amendment that was defeated, because The second assistent legislative clerk nam===

nouns sanser it is not. But it picks up the language, a enHed the roll.

gama naz"l"essoa ause portibn of the language, of the Hart-Mr. CRANEFIV!f. I announce that the HarryF.,Jr. Humphrey asevensma Simpson amendment as well as the lan. Senator from Florida (Mr. Carr.as), the churca Jacsaan ansvart j

guage contained in the Johnston-Mc-Senator from New Hampshire (Mr. Dun. g

('Dg'*--

"rn*u*n*ades Clure amendment.

Ezz). the Senator from Nebraska (Mr. Danentet e

'tinunmans i

Mr. HART. Mr. President. If the Ben. Exow), the Senator from Connecticut Osrn Lusar

' rower 1

r. tor will yield, the amendment is either (Mr. RIszcorr), and the Senator from olenn Masnusun warner j

the same or. if it is not, we can proceed Massachusetta (Mr. Tsoscas) are neces-g",@#

7duma rb i

f.txther. If it is the same, we have already sarily absent, maynassa Numa

- ~

S 9484 CONGRESSIONAL RECORD-SENATE July 16,1979 m vwmo-te ta.nenn vois Na m I.es.1 Mr. STzvENS. I announce that the

'* ma Tm-44 Renater from Tennessee (Mr. Bausa),

@ue n fa g

the Senator from Mixanuri (Mr. DAN.

mark aart Pett l

noren taaeat aw uns anden natade Presear years), the Senator from Nevada (Mr LaxaLr), and the Senator from Wyoming" I

areater ravts Teensas

• U P 1

e entpa I M" (Mr.WaJ.oF) are neceA8arily absent, cas1es 9 orta suresca Jame noth Durus m

arre. noners c. Kennedy.

anrmanas The PRESIDING OFFICER (Mr Cutvum). Are there any Senators now in' i'

So the motion to lay on the tabM TrP can,,on 1ana(

n sesser n

the Chamher Who haVG not yet been re-Mnendment No. 353 was agreed to.

cy r,.

u ison.g.

auno Smral Senators addressed the Chair, culver uncovern siasore corded on this vote?

Mr. HART. Mr. President. I more to Deconcint untener Tanneese N mult was aanmanced--yeas 64 rectmaider the vote by which the motion Durennerwer voyaman wesener Pare uommse wunema nays 19, as follows:

was agreed to I " "V888Na M3 tag.}

Mr. McCLURE. Mr. President I ask

$*.*,*t E'

as e

Tus.-64 NATs for the yens and naye.

l Mr. RNDSON. Mr. Prealdent. I move 4,.

ons asume Percy Armstrong alenn,.

Nunn ora, vel Pa,cawood Beft acumit,t to lay that motion on the tabia.

wi=on namnen seeans anden war Pu he PRESIDING OFFICER. Is ther, aseesa s-a-a sumclent second for the yees and nays

1. ,'**,,,y y,3,,,@

per."

E4 p,,,,g,,

on a motion to reconsidert church Japana stowers surtaca neSin Frannure nenne -

nanentph

.nere ls a msht marnent comen Joanstaa stone arre.

~

T**

8*'d! ***

Towe'"r nyre'", n'otert c. nump"rer 88'm" anes D*'*

Mr. SIMPSON. I ask for the yene and h

ani i

nom, ogen Lugar naFS on my motion to table, oarn manganman warner Cannon Inouye easser he PRESIDING OFFICER. A motion ootewater wacture Youns Charen Jame seaweuter to lay on the table has been made.

ameca usessaasuan zertasty Church Jopero sunpean Is there a suh* second on the 7 7,,,g N

Uyedy seas motion to table?

I cranston w===

stewers

=

===-M e=er unieunne.

s.one nu.aa.umment.coond.no -

Deconctnt usoomu

'hamam ader nancare Immy N[= Eum

• 1. • • 'r and nays are ordered.

Mr. HART. Mr. President, a partis-E

• • 'a"ss*on numens Dommentet esene Eme mentary inquiry.

ausser Emon asesse Dureateneer uoyvunan williams i

The PRESIDING OFFICEB.The Sen. chnes tasalt

'resages Fore unaaler rartnaky i

l stor will state it.

18'88

• • U*'

U*'"

NATs--a Mr. HART. What is the pending bust-So the motion to lay on the table the ness before the Senate 7 motion to reconsider was agreed to.

"D

1. M *,.

g ootewater Lusar Taurmond The PRumMG OFFICER. De Mr. nanT. Mr. President, I move to narnanwo magnuson Tower penrnng bustness is the matirm to table.

ute W which h metton asses vecture Youne m

IAt me restate that: He pending mo-De ING OFFICER. A motion J acamits th m to the by to reconsider the vote on a motion to N(yr voTaso 17 which the McClure amendment wee laid on the table

- table a motion to N la not in anker Durkin Pryor aineeos The yens and us'ys have been ordered. order.

g p

The - easstion occurs on unprinted armeer 1.axmat riongne No debate is in order. De ciert will call amendment numbered 360, as amended. cause ravin wanco the rou.

'Ibe yens and nays haw been ordemd. Daarorm tang i

ne legislative clerk caued the roll.

De Senator from Colorado-So Mr. SzursoN's amendment (UP 350 Mr. CRANSTON. I announce that the Mr. HART. Mr. Pr==tdant I askunant* as amended) was agreed to.

Senator from New Hampshire (Mr. DUm, mous consent to vitiate the onier for the Mr. HART. Mr. President. I move to Kor), the Senator from Nebraska (Mr.

Exon). the Senator from Connecticut yees and nays-reconsider the vote by which the amend.

Mr. McCLURE. Mr. President. I object. ment was agreed to.

(Mr. RIsrcorr), the Senator from Mas.,

The PRESIDING OFFICER. Objection Mr. SIMPSON I move to lay that mo-i l

sachusetts (Mr. 'I%oNoas). and the Sena.

is heard, tion on the table.

tor irom Florida (Mr. Cun.as) are nec.

The yees and nays have been ordered De motion to lay on the table was essarily ahnent.

and h cluk win can h rou.

agreed to.

I further announce that the Senator

'Ibe assistant legislative clerk caDed (The following proceedings occurred from Montana (Mr. Baucus), the Sena.

later!)

tor from Oklahoma (Mr. BonEN), the the rou.

Senator from New Jersey (Mr. BaanLar),

Mr. CRANNION. I announce that the Mr. S'IONE. Mr. President. I ask unanimaus consent that my rollcau vote the Senator from Missourt (Mr. Eacts-Senator from Florida (Mr. Can.as), the roN), the Senator frotn M1Chigan (Mr. Senator from New Hampshire (Mr. on the previous rollesH be changed from LETIN), the Senator fFcEn Louisiana (Mr. DUmstN), the Senator from Nebraska nar to yes. It does not change the result of the ute.

LoNo). the Senator from Arirmness (Mr. (Mr. EsoN). the Senator from Connecti.

The PRESIDING OFFICER. Without Pavos), and the Senator from Michigan cut (Mr. Rrarcorr), and the Senator oNection,it is so ordered.

(Mr. Rtsats) are absent on oScial bust-from 18aspachugatts (Mr. 'IyoNeas) are (The foregoing rolican vote has been ness.

nacamnarily absent.

changed to mfiect h above order.)

I further announce that. If present and. I further annnunce that the Senator w m u u n t m ese voting. the Senator froen natchigan (Mr. frosa Montansk (Mr. Bacces) the Sen-LEvINb would Vote ""yes.**

stor frgm Oklahnrna (Mr. BoesN), the Mr. DOMENICI. Mr. President. I have Mr. STEVENS. I announce that h Renator from New Jersey (Mr. BaasasT), an uprinted ameng! ment that has to do Senator froen 'Ibnnesee (Mr. BAmma), the Senatcr from mamauri (Mr. Easts. with mH1 t="Mrs that I send to the desk, and I offer it on behalf of znyself the Senator from Mississippi (Mr. Coca-ros), the Senator tream Michigan (Mr. and the Senator fro!q Colorado (Mr.

RAN). the Senator from Missouri (Mr. Lav!N). the Senator from Louisiana (Mr.

HARTb DANroRTN), the Senator from Nevada LoNa), the Renntne from Arkannee (Mr.

W P. LAXALT). and the Senator from PnYoa), and the Senator frosn m ehigare The PFmnING. OFFICER. The l

Wyoaning (Mr. WALLor) are necessarily (Mr. RIsoLa) are absent on oScial bust. amendment will be stated.

The assistant legislative clerk read absent.

ness.

The PREBIDING OFFICER. Is there I further announce that, if present as follows:

any Senator in the Chamber who has and voting. h Senator froen New Jersey The Senator rrom New Mexico (Mr.

Donsanrrcr). ror htmaalr and Mr. Haar pro-not voted? -

(Mr. Baastav) and the Senator froen Poses an unpttnted amendment No. 364.

The result was announced-yens 43, 18fchtsan (Mr. LaVIN) would each vote nays 39, as follows:

ayes."

Mr. DOMENICL Mr. President. I ask

ll July 16,1979 CONGRESSIONAL RECORD-SENATE S9485 imanimous consent that the reading of The PREBIDING OFFICEIL Without coasamm on Invessos ase i

the amendment be dispenned with.

objection. It le se ordered.

Ins m a A wame.

The PRESIDING OFFICER. Without Mr. DOMENICL Mr. President. I cdfer

' 88 8" DA 48'" 28* N*

o go, y

~ bjection. itis so ordered.

this amendment which would make cer*

The amendmentis aa follows:

tain technical channan in Public Iaw chearnes. NucJear asysterary commercm, weena, tog n On pass 1A. altar line 18, insert the 95-404. the Uranlun1Mlll Tallings Radia.

Deas c=umaw HrEnze: During your tes-tonowing:

tion Control Act of 19'IS.

timony last amonht on me.cac amena year j

8sc.20s.(a) Section 204(h) of the Urantuni These citanges are to title 2 of thag loeo bueget request batore the senase Ents-3 14111 Taulnen andlauon Contro& Act of 1975 te amended by addics at the end thoroot a act se title 2 addresses the authority of r==ana and Pubue Worte Committee and new paragraph to read as tonowe:

the Nuclear Reguistory Commismian and the Ho,use Int,erior and Insular AKatre and go,,,,,g,,, yo, g, cm m.,,, co,,gg, ta). Notwe- -~- any other pro. the Agreement States to license and reg

• visten of thle tiue, where a 8 tate assumes or ulate tirantum milla and m1H ta1Hnge. teen, you referred to pdenual proedemo in Implementing PuDise taw 96-404. the Urne.

has assumed, pureuant to an agreemmat en. Rpactftcany. NRC was givett i=naadiate lun ulli Tanings nadianua control Act of tared into under secuan 274.5 of the Atomic sugheetty to regulait uranlunk mill tail. 1978.

r.nergy Act or 1964. authority over any as-Laga in States widch do not elect, to "r"***"y. you mentioned that there may uvity which resulta in the productaca of by*

regulate uranium m91s and min taH. esses somes uncertainty based upon the lan-product matermL as d.anad in aneuen 114 ent me.atan pro-guage of the statute resarding the date by Inge & the &,,em.euhstantRTe End

42) of that Act. the m==*mim aha&& not, which the Agreement states must Inset the gram. gggg g

until tbs data three years alter the date of enactment of thae Act, have Hamaang am. Procedural requirWAents were also 1In* new requiremante la the status and the need for the C-a=iamiem to aaercise within thority over such byprodinst matertan pre. posed on the Agre AneD& 88485 by QA4 the Agreement States its new Haanmany tu.

duced in any activity occased by each agree. act. In rWagnitif n of that fact. the thority for taranlunt mLu tailings. At that ment. umless the agrosament is termannasa. it.

Agr=== ant State 8 were siTen a period of time. you indsonted the ca==i==ws con-upon uptisuon or the three-reer inserta. 3 years to impos a their regulatory pro. unued suport for the thsee year grace period a stata nas not entered into eueh na agros-mant with respect ta byprodanct maserini as grams to meet # e new regsdroments. Ag in making these requirementa eascuve. but deaned ta seccon 11.e (2) of the m=na the end W 2e period, an Agreement expressed the view that any interpretauon Energy Act at 1964. the ca==i== san eau State which fall at to fully estiary the new at the present statuscry language on themo have authority over auest tyypsodnet F94uir" manta TOuld lose its regulatory peanu woeud uksy lead a uugnuca.

It le our view that thmes questions abould matariaL-authority and HEC would assume licana-be remoived proseptly, ta acordamse with the abs wuan 204th)(1) of the urnasunn unt ina==aamty, Taulnam andauan cosmet Amt of less is tatant at the congrene, and ta a manner air. Presteens, esa AprG 26 W this year, which win not onuse daaruptsons in the on-

= man % read:

sec. 204th)ss). os or beterm the dato uns principal authors W up regulatory gotag regulatory programs and actarttles at three reare arter the date of -- --- - as poruon at the Uranium ad1H Tallings Nac and the Agreement staaen. In that re-tha Act, notwithstandans any psovsmanet og Radiation Centrol Act wrote me Nuclear gard, we are cosearnes that the esatute 4

thae uum, any stone may esarmee any enthor. Regulatory Cnerntamaan est thle subject. might be Interpreted to requus the Agree-ment states to i.a== dam' air most the new Ity under Sante law (incluttag authertty 'Ihat later Septemed their concern that requirement of the Act ta.an cases or to re.

exarcased pursuant to na agreennamt entered Certain 90selbie ambigtsstim 1R the Word-quire the duptlante uneneing by IraC or all into pursuant to section 274 or the Ateese ing of the stasute might botaterpoeted to urnatum mane and m:1r temaso ta the Agree-Energy Act of te64, as amended) resposeng Conf!!ct With,the statutory intent which meet hentes Suok.taterpsetations. in oar t a) byproduct matertaa. as dooned la secties 11 e.(2) of the Atoman Energy Amt et lese, or I have deserted. On Aday 30. the Conn. view, would be contrary to the latens or ib) any actavity wouch r==ute ta the presse-nenha advhed the khanemittee on Nu-Congrue and would discourage rather thma me of byproduct JnaterM ao se Mhmaa la.

g g,

encourage the Agreement states troen maksag the same manaar and t. the same estems as InajWity of.the Omnmtada, gg 3811 overy esort to meet the new requirements of permitted before the enactment of theo Aet: Taafangs Act, as prumtly W11tte, could the Act as early as pa==awa as the principal authose or tbs Tageai=*taa providad, however, that nanntne in thte sec= not be interpreted to M this intakt. la the House and the saants. we are ennS.

uon snau be eenstrued to panelade the Come. At the same timek the Ca==miamian pro-dont the Congrees intended for NaC to eser-m or the Aemmistrator of the navance-posed larialattaa to correct these ambg. etse authority over man tatunes la the Non-mantal Proemetton Agency from taking seek f the Agr=9mant States emendiately, and talended guitise and te bring the language o.g.Moe action under asetaan 278 of the Ateende ggggggg g

,gg gg, ggg to pr vide for a ported of up to three years Energy Act ad 'see as may be -ry to Lmplement titas a of thle Acty proposed Changes. Which art Supported for Agreement states which usense uranium tc) The last antence of sect $om an. et 1F7 the ft2B W"i==i* are incorporated memne operations or min taulnes to meet the new requDaments of the etstute. During the Atomic Energy les of lose, as amended. Dito my amandmant than three 7:ar persed, an Agreement State is amended to read:

33r. President, unless (heos changes could constatie ate tsoonetas actrettsee under "Any ucense in edset 0.:' the efecttw date

, of t2rne section and sutmoquen.MrmtJested att GEtacted swiftly. the Cnemiamian W13 previously esteting authority. New standards without renewal shall cossply with para = be Itquired to EEertiet dual Nanaq ju-and nquirements would be appucable to the maetmum extent pra c. cable, and NRC to es-graphe (1) and (2) upon terminatten?

M on M Me Agreement.h for pected to make every efort to encourage and the 3-yearinterim period.This would re-(ei smenen 204(en or the crassuna asng aestet the States in upgradtag thstr ucanatne Tanings naannatos Control Act of IFFS to ault in nam taan and Coe&ly d'iplicaesan programs to meet the new requiremente as,

a amandad by adotag as the end thereof a new and would be diettipute of the esdrit of early as possible.

paragrapta so rend no folioso: '

cosparation and support uttich has beett The Comorens did not in**nd for NRC to t2) Tate saw==tsee aban be egeettve on ansefuMy doveloped between NRC and the immediately exerctos 1:a uns authority j

the dote three rears after the date of enact

• Agreuensult States. This amendment withan Agreement statue u.aach were eser.

I ment at than Ast *

(e) asetsoa m bHI)(A) of the Atomi would euminate M problem and in* doing aiuthority over uranium eming oper.

by-. y Act of lese, as amendett. le a==ada,e Energ attre that the 12nplen1toltation of the act's atone or miu mmnfm on the date of enact.

ment. At ther espratlos of the three year Important improvements W1H proceed la interem pertad, however. NaC woubt essreise (1) stathms au thai ibnovo transrerred an ortlerfy and==padiha usanner.

Its anthersey not ear stese wouch did not to-" down througt: "tynless" and taserting I targs the antapainen of the amendmetrt, then have in erest a Manament program entle-ta nou therew the tonowing:

3Er.Premistant Iask unantmous ennannt fytag all M the appHm nog ghndaNje theYtateYEtch such tend k that the AarS 26 letterfroen the princi.

Itthe ia sam womud asmeet in future located, at the cytaan or such state, unseen. Dal authors W the lasfalation to NRC. ensormmens at than meent nad laterpreta.

and the Bfar 30 letter from NRC to the Nu-tson trosa clarstrtag Iare=sariaa we would be tal strettne 'immetsme esb? and laserttas clear Regulataan khrnenmittee, and & happy to provide our==mma-ta nem thessor meetaan at or the Act.

esction-by-sectionanalysisof theamend.

Truly.

Bir. HART. Air. Prealdent. I asis..Inant be included in the 11mensa at this senator Jamiramos asemass, unanimous consent that the Chairman point.

8,,',T,,gg,,,,,,,,,

h of the Public Works Committee. San-There botng no objeetfo% the material Congr===ama Jomm D. Dosess.t

t. tor Razaot.Ps be added as an aristnal was artiered to be printed in the Racome.

Congrememan arosam r. Unas.t Cosponsor.

as follows:

W

- Acmeur B. Bavasaar.

1 i

4

.i l

i i

l S 9486 CONGRESSIONAL RECORD-SENATE July 16,1970 I

Ntret.aas Raset aroar coasassessosr.

has not entered tato such an agreement with One of the provisione in title II (section l

IFee4fmpton, DC, Jter JO,1979, respect to byproduct amaterial as de8ned in 208) adds a new esction 275 to the Atomio Hon. Oaar naar, asesion 11e.(2) of the Atonio Energy Act of Energy Act of 19M. Section 275 authortans l

Chairman Subcommittee on Nuclear Rep. 19H, the Comuntanton shall have authority certain Enttronmental Protection Agency ulottom, committee os sandronment and over such byproduct matarla!.

standards whit. are, under soetton 108(a)

Pubito Works, g/.3. Senate, WeeAington, Soc. 2. Section 204(R)(1) of the Uranium (2) of the Mu! Taulage Act, a prerequisite l

D C.

Mill Talunge Radiation Control Act is to the remmHst actions authortand in title !.

Dean Ma. Cm-aw: De Nuclear msgula. amended to reed:

Rus it is etaeemed that these clartfying tory Comminaian would 11ke to roquest your Sec. 204(h)(1). On or before the date amendmente are not intended to prevent support for legislation to resolve queouens three years after the date of enactment of the Admintatrator of h Envirosunental h attains from the efective date provisions of this Act, notwithstanding any proviancn of taction Agency or the Nuclear Regulatory the Uranium Min Tallings Radiation Con. this Utle, any State may asercise any au. Cammi.alon from taking such acuon under i'

I tro8 Act of 1978 enacted by the last Congman, thority under State law (Including authority section 276 of,the Atomic EnefTy Act as may he Comunianton received a letter dated Apru esercised pursuant to an agreement entered be neosemary to implement tisle I.of the 28,1979 and algned by me principal authors into pursuant to Section 274 of the Atomic Mutts 111nge Act.

3 of this layisineion in both the Senate and Energy Act of 1984, as==adad) respecting See. 200. (a) During the three years fol.

i (a) byproduct material, as tsaaned in anc. lowing enactment of the M13 Tallings Act Nouse of 14epresentatives which espreened the tion 11e.(2) of the Atomale Baergy Act og this emotico prothibite the NBC frorn esercis.

Intent of the draftees regneding the date on 19H. or (b) any activity which results in tag dupliettre authority over tauing pro.

which noenetag authority and procedurst ro.

888 production of byproduct ma&arial as ao duced in activiues ?.1 censed by AgreenMnt I

quiresneskta under the Act would beoonne et.

deaned, sa m mam manner and ter the same atms unseen he agment is terminated focure with respect to the C=== and estent as permitted before the enactment of withLa that period. De EPA and NRC may.

afected State

- De letter sup.

however, take such action under 273 of the this Act: Proerdded, heereser, That nothing in I

ports the pool 51on that esteung. authority this noction shall be construed to preclude Atanto hergy Act as may be necaseary to of Agreement States to lleense uraniusa mula the Comme or the AdmNatutor of me 1saplement uue 1 of the M111 Tauinge Act.

j-and to control mul taillrge abound not be dis.

Environmental Protection Agency fross tag.

Soc. 2M. (b) This secuon makes the pro.

l rupted during the three-year interim perted lag such actaen under section 278 of thn vtalon in escuan 206th)(1) of the Min Ta13 i

fonowing enactment and that during this Atosuo Energy Act of ISM as may be noon, lags Ast preserving State authority over 1

period the NBC abould not be required to, eary to 1sapnement usae 1 of this Act.-

tauings and wassen for the thm-rear in.

i exert concurant mamany authersty ove Sec. 2. The last sentence of wetion Sta. tensa ocaforns to 2e nw requiresnente of tmunge produced in munng actiftues reg. of the Atonnic Energy Act of IBM la amended the M13 h411ase Act which apply to both byprostuct materlat sad etntaf operauona.

ulated by the Agreement State, to road; De 'ammiaanan le mindful W and crumpa.

"Any hama las efest on the steouw date M MM 2 2e tainage and wastes nw r

thouc with these views. Nonethmann after I

of this asetton and subsequenur terminated deaned as byproduct masamtal. As enacted.

I a careful analyste of the language of he w12mt answat aball aceply w2 pare. MW MM W motions mir bypmduct matWlal gec18enUy. althestk the regulatory l

1973 Act, a majority of Caauri==tonere have graph 0) and (2) upon terminaHan =

concluded that without ammadmapb A the M 0. So t n 204(e) la snanded by adde pengman ge3ere&]y coMrs bgth milling and

'*" tap As ammadad this meetion esplicitly Act the NHC le mquired to neeD9.auf, go ag ing at the end thereof a new paragraph to A8F**"*at State-regunsted e anlunk adua sovere both byproduct material sad muHng i

read as follows:

operathas and appues also to State's that dunng the three-year perica beim the Act

"(2) 21s subesetton shall be efective on y W agmments dunns the tane-yen e e t date of en.

fg*thu 19e.

u t to this tan as to the i,

manning of the Act, implementing regula*

L Purther provtelen is made ao @ m Mons and assocasted armageunente am now SocTeoar-eT-SecTsow Asras,vens and Nhc anny take such oction under aeo.

(*

di N UnnNm M1H Taumge Radiation Con

• the

• ~'E"O 'M'=*2"hE"E ;lllllT2 u'm=l*/dMu"1 T um* EU Enc!

t a this letter is a draft of stat, I

"':3.'"m'"c7*wo"' a*col"3"?le-"2tes a=

a go M left to stand, may be subject to difering immanumenrykc) of the prtactpal authom of the legislauca, as 3"

I i

Sec. 200.

As originauy enacted, eso.

espressed in the April 28, 1979 letter, AD g

aa 'an'a j

"*ase"ct e ^,:lll=,~ar,r,a~,,y,,,lll ;

a fa"ng"4t".eira'b.%*:Lllll;"uo'n'a".'2" :l::,i=,y=,,==,,=M m m

- d = C onse.

s Ing its timing. Its PN are not, ander Smtion which the Cdamtanian boueven nes>.

O)h hetoamn esction 203(b) of the natu -1'hutogo ht, to eseary.are also included and are desenheci t have uthon to u e se become efective untu three years from M in the section-by-section analysis.The Cosma nium nuu W %

m date of enactment. None2eness, section 83a minston be11 eves that prosnpt enactment a.

Ucenatnt N) for 2e 2ree (as added by section 203 of the MIu W this legialstion is necessary to amoure that. following enactment cf 2e h Act) states that fiammana in efect on the date the intent expressed by the authore of 2e Taulage nadamenan Con *:rol Act? m 0 ~~^

t of this sect 8cn must comply-Act may be carried out during the ramminame (2) Are the requiresnants of new secuan wt 83s (1) and (2) upon thetrionewn! or of the three-yearinterim period.

374o of the Atenue Energy Act pertaining termina"an which Aret occure. Conceivably 81acen17' 2 procedure to be foM by WS this mnewal or termunation could take place Joaorn M. unneen' states in leeuing sos.rce materlat "canama during the three-year period in vhich sec.

hcictures for uranium mine 1:ngnarnatary efocuve?

n 88 la not mposed to In* drective. The

1. ht legislation.

These questions have arteen because o=e 8eR8ence as *mandad appues Action 83a only

2. Analyela-sostion of the 17tanium MHI Taiunge Radte. 8 Hamama that are renewed or ternunsted

.oc: ne Ronorable Alan *=paan gion Centrol Act (escuon 20s) makes th after 4he efective date of moeuen 33.

"Itte Honorable Janntne andarph.

provielons of 2e ngetary m 2 m oNOMr. It might be arWuod that a loop.

m II of Me Act imamentenamly steente usueos hele was left for uoeness amoued after the Se it esseted by the senere and the Mouse otherwies armanaad -d -other escuan g 8

enactment but befom the erective of Represente1(ves of the f/mited Stesse of the Act (section 204(h)(1)) delays the et. date of esetion 83. It could be argued that Amersos ta compress essembled, focu,eness of certatsa provisions of th he a h Hannaam would not be covered by escuon SecTeoar 1. Section 206(h) of the Uranium regarding State authorttles for three yeare 80s. As m'"*a a

the asetson appues the re.

M111 Ta111 age Radiation Control Act of 1978 la after the date of emactment. Accordinglye quirements of section SBa to any Moonas ln asnended by addint at the end thereof a new the Nuclear Regulatory Comnuselon has pro. ofe t on the eteettve date of section 43.

paragraph to read as fouows:

peged amenammate to clarify the etaw Sec. 200. (d) 'lius eset* 7 mmando asetton

"(3). Notwimeranding any other provision dates of titleII.

ut hina s Act to make it

'liness.amendmente genernUy provide a of this title, where a State annusnee or has mm unde e.cuon mb, agreement entemd three-year interim period before the renuire-N=****=**a*rd=,'-" fa -d =~.

A8'*amat state respon.

aama'aad pursuant to an th Atomic h.

mante 2 u us Ir 2e emam a Mio w n.

a1 e section 2740 of the Atomio an-ergy Act of 1984, authority over any activity inge nadiaaiam Centrol Act (Min hulage t

n 6 *Sective untu three years which results in the predtaction of byproduct Act) apply to nellMag operations and talungo 2e enactment of the Mut h111 age Act.

Insterial as dannad in section 11e.(2) of 2at Haan==a by Agneerent States.

.g.g

""8 " N*

standard's a"d requirements Act. the Comentamaan shall not. untu the In non. Agreement States, the NBC loculd PI

• • e n

have immediate authority to im,plannent us,e o,en,,,se,,='nse ht 2 2-mum...

date three years after the date of A-t f

reguiator,,rogreen in,que

. m ou,

• une ht. h-noenems -monty over escuan 204th)(1) presar ee prior amte sua men tyymduct material produosd in any See 20s at m?nana IM 8ect on ma3 ram a technt.

aettetty comed by such agreement, unless thority for three years in omas of annen.t tt meetion SB (b)(1)(A) of Me agreement le terminated. If. upon es. between Federal and State law, the poderal th Ammio Energy Act, as *"aadad to In.

pirateen of the three-year intertas. a State would propag.

elude the correct reference to the Mooneing

-4,. -..

-,,,,-.aq,.,..

e-.,.-,,,.sn,,

i July 16,1970 CONGRESSIONAL RECORD-SENATE S 9487 provision of the Act and to make other word. gram generauy covere both m1 Ming and tall. gen $ th&& th&& let&SF De Drinted in the lag of the Act and to maze other worcing ings. As amended, this section upacitly cor. p.ma n corrections in the section, ers bom byproduct material and mining op*

There being no objection, the letter erstions and appites ateo to states that enter was ordered to be pitnted in the Racomo.

SacTson.sv.8acTscar A2raLTsts into agrommente during the three-yeer &S f0 Hows

• 1**'"

A product of the hectic final days of the rurth'er pronamn to made's ths EPA

1. U"* 8'I878' 95th Congreas. the Uranium Mut Tallings and NRC may take suda acuan undes section Re Certain Requirements of the Cranium fladlauon Control Act of 1978 contains cor.

275 of the Atomic Energy Act of 1954 (as Mm Tanings Racation Control Act of tain provtstone regarding dates of eSoctave.

added by %e Mut Taninge Act) as may be 1978 (UMTRCA).

nees wtuch, if left to stand, may be subject nor'an=ary to implement tm nrnadial acuca Hon. Prrs Doarswrc2 to dagering legal interpretation. SpectAcallT* program in tttle I of the MUITalltnge Act im.

f/.y. Senate, Jtussen Senate Ofice Butiding, two quasuons of immediata mnnars have meelstely.

Washingrois, D.C.

artaen regarding the uming of State and NBC Sec. 3. As originally enneted, section 83 of Dsas Saararos PETS Doanartc21 The State implementauon of utto 11 of the Act:

the Atoamio Energy Act of 1964 Inay be sub-of New Mtsicg needs your assistance in a (1) Do both the States and tDa Federal ject to vartoes interpretations regarding its Instter of utmost importance concerning the oovernment have authority to n e= =a uming.1ts provtsenos are not, under section statue of New Mexico's uranium mul ucens-uranium mul talunga (t.e, esercise concur. 2m(b) of the Mm Taninsa Act. to umma ing program as an Agreement State under rent ucenaang jurtadiction) for the tune eeuute untu tune yeare fzcan their daw of section 274 of the Atomic Energy Act of 1954.

yeare fouowing enactment of the tTranium enactment. azananata== escuan sas (as add.

as = =andad for the fouowing renaons:

Mut Tallings Radiation Control Aett et by esctics: 302 of the MH1 Tanings Act)

(a) On May 17.1979, the NRC Commis.

(2) Are therrequirements of new section states that Incenses in efect on the date og alonere, by a 3 to 2 vote interpreted the lan.

274o of the Atonio Energy Act pertaining to enactment of this aestion urust consply wing guage of the UMTBCA of 1975 as authority procedures to be followed by Agreement 83a (1) and (2) upon their renewal or to assume 1mznediately licensing of uranium Statae in tasuing eaurce materta111cecass for terminsuon, whichever Asut oneses. Concely, mul tanings in all states and to tasus a gen-uranium mula ammannately agectivet ahiy this renewal or terminaties could take oral ucense for esisting mill tanings in 411 neae quesuons have artsen because one plano duttag the three-year paraod in which states. Rees general Ucensees would be sub.

noction of the Uraniuna Mut Taninge p=Ata.

asetion 431a not supposed to be efective.The fact u nmedial acuon ordere of the Com.

uon Control Act (secuon 208) makas the sentence as amndad applien section 836 only rniaston. 2 the Nhnn dec' des such ora provisons of the regulatory program in tiue to 11connes that are renewed or terminated ders are na= dad II of the Act Immadiately eSective unless after the ofer ttre date of esction 83.

(b) ne split Cammta=8cn vote indicatas otherwtse spectaed. and another section of Moreover, ft sesght be argued that a loop, mnfusion in interpreung the C3rIRCA of the Act (secuon 204(h)(1)) delays the of.

hnis was left for tsennem inised after the date haber 5, M N hmTs demn rectivename of certata provtances of the Act of enmotment Imt been the edeettw date og > the W W h u M h) W autheenlas fos thns yeare a

not covered by aestics 8 or before the date thne years af*.or I*****"".

1. " A"8I

• D** P' " As amended, the asetton applies the require. the date or the enactment of this Act, ngt.

g, yo,3**

scoed.

'o to c&artry me esecta"w mants of secuon als to any license in erect withstanding any===a-t made by this O**** d I"3* II*

on the ersetta date of escuan ss.

utte, any state may eseresso any authority These amamiman'ta senarally psorted a Sec. 4. This section amends section 204(e) under State law respecting byproduct ma.

of the Mut Thaesgs Amt to make it clear that tartal, as dettned in secuan 11e(2) of the three-year interim period before the require. the new Agresumens State responsilduuss re.

Atomic Energy Act of 1964, is the some seen.

menta in une II of the Uranium uni Tan

• gardnad taannse and anuins operauons in ner and to the sense extrat, as permstted be.

14s Radlauan Control Act (MH1 ThE1ngs new asetton 274e of the Atomia Energy Act fbre the enactment of $4fe Act.* (Emphaats Act) apply to mMhy operations and taH* are not eftettre until three years after the added.)

ings Ueenand by Agreement States.

- 7 of the MIII '19sinage Aet. De New Messess unster the 1984 Atomie En-In non-Agreemone States, the NBC would an=amo era, however, enemuraged to inspie. ergy Act ead the State'h maasmetan Proteca cave "-*=*=*= suthority to implama=t the ment the new atmadards and requiremments tasa Act, has esercised -pa=== and soie twMatory prograzn in title II. W8-gh eso. ' of the Min Tanings Act to ths =-- ~

~ eg.

outhortty in the lasuing of 18ascese tw tion 2e4(h)(1) preserves prtar State autho8" teng g uranium mula and thalt tanings atace May Ity for three years. In case of annflict between 1.1974. The decialon of the NRC to impose rederna and state law, the Federal would Mr. DOMENICI. Mr. President. I stm., dual jurtadiction tmmadiately over the u.

prevail..

ply wiatt tG call a couple of matters to ce==diw of uranium mni anings is not in one of the provtalons in tith II (section theattentiottof theSenate.

eeoordance wtth the Untraca provtston 206) adds a new emetton 2-5 to the Atomic Included in the subject matter that I quoted ah w, the UMTacA as a whole, or EnerTy Act of 1954. Section 275 authorias the 1954 Atomic Energy Act.

certala Enttronmental Protecuon Agency have Inade part of the Raeons by tman!*

(c) The May 17. 1879, commission doc 1-standards which are, under secttos:106(a)(2) mom CN418 a lh fmm M alon also runs counter to the intent of of the M111 T*H'nga Act, a prerequisite to the Jan Nos RANDof.FE. SSDatoE" HAar, my. UMnacA s primary congr==taa-t eponsors remedial actions authortmed in une I. nus self'. Chatrman Dinout.r. of the House as indteated by the attached letter atsned it to stressed that thee. etartfytne amend. committee. Chairman Usar.r., and Con-by senatore Randolph. Hart and Demsniet mants are not intended to prevent the Ad.

greuman BamsAN. This letter is dated and congressmen Dinge11. Udan and seu.

minutrator of the Enttrnnmantal Proteo-April 26.1979, to the Chairman of the man,

("I D

• C """ * "

D'"

• • *d Pd

• tien Agency or the Nucisar Bagulatory Com-Nuclear Regulatory Cnemiutan and format order,"ruie, or regnian"na comoerning mtsston from taking such action unear see-88 8 8

I this matter. M other words, h Pamm'= ton tion 273 of the Atonuc Energy Act be neonenary to implement uue I of the Mnj clarifytng the language that the princ. has not taken any :ormal acuan purgant Tanings Act.

Pal sponsm of this biH think is neces-to procedures which muow public mmmant see.1. During the three years fouowtag sary.

and a clear route of appeal through the enactment of the Mui nntnas Aet. secuen 1 On May 30,1Mt. we received a re-courts, probihita the NEO from esorttains dupitan-sponse#frota the thclear Regulator'y W ainee W h the m m has uve authartty over emmng= produced in me. Commimion indicating that they, too, mI

" N I" M P y " contact-j unities licensed by Agreement staten unless felt the dual jurisdictiati during the !!rst Ing a New u==$m anin appuomat and in-

• • • '8"=naat la ternanated within that p**

3 years of the impI*meritatiosl ot this law structing the appucun to forward its New

$ hN$d

• E

""U "

273 f the A E38'87 Laboratory (ORNL) so that CRNL can p"re-how of $e M11Tamn

'INe State of New Mexico which has P*" $ 88 7,3,,,"II"P ct.

a

,g

,,gvt see. 2. nas seenan makes the prortsson this problem confronting it now as to the or Nac, we are now faced with an unwort-In secuan 204(hM1) of the Mm Tamnge dual regulatory scheme during the first able situmtton in attenpting to operate an Act premerftng State ma.thority over ent"Ta 3 years of this new nationallaw has also arm tant and egocuve mal 11 ceasing pro-and wastas for the three-year interim con

• Under date of June 8,1979/in a Istter gram in New Mazico. New umrtaa has always f rm to M

to et the Mul from 007. Bruce King to me set otlt !!1 conshiered the man and talunas as insepa-Tamngs Act which apply to both bypaduct detail the protgems they are hang wit 21 raele and therefore issues one ucecae for material and mit tng operations that result In the tantnge and wastes now <1annad as dual ConM indtrath that Mey would both activities as a prudent regulatory con.

like a Clarificat1Gn also in the State of trol of rudtaartise material. The State's con.

byproduct material. As enacted. section corn whh regaW overlap caused by 204th H I) n New Mexico.

rtal spectrican'entions only byproduct mate.

concurant ucename mer uranium min tan-y, although the regulatory pro.

Mr. President,' I ask imantmous con-inga include the fonowing:

s m-.-

~ _ _. _. _ _ _ _ _ _ _ _ _ _ _ _ _ _. _ _ -. _. _ _ _ _ _.

l 1

i 1

1 S 9488 CONGRESSIONAI. RECORD-SENATE July 16,1979 l

ta) Dualliconesne by boek IthC and terw here and threer and the construction is Mr.DeCONCINI.! yleid.

Mzuco or mtu talunge wut be unwortable kind of cloudy.

De PRESIDING OFFICER. Is th:s einen no one wtu be in controt and the We certainly never intended, as we the amendment the Senator requested appitcant witi be cauaht in an impa==ible understood it, and I think my good friend 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br />'s time on?

from Colorado agrees, that during the Mr. DeCONCINI. %st is correct. I do Ile Interim period to have both State and not intend or anticipate the hour hav.

o

te e ve resu I

(b) Dual licensing by.q% tory boetes F%deral jurisdiction in the mill tailings ing to be used on this amendment.

1suon.

Mr. President. My amendment to S.

l ts contrarf to congrenenonal aan M=tara.

area.

j tration pottetee for non.dupucauon or nis willin no way diminish the pro-562 is designed to correct a dangerous regulatory actinues and is an una="7 taction, but will clarify what a State loophole in existing law, a loophole that cost to w taxpay" has to do in order to remain in control has resulted in tragic consequences for d prevent the Pbderal Government residents of my state. As I am sure my (e) Interrerence with and enemanment t st[ anfrom being there at the same time kind colleagues know from accounts in the 8"

of looking over its ekmMar, national press. residenta of Tucson living by mar a

Pmgram which in m past has been esen.

Having said that. I yield the r=mainder near the American atomics plant have I

plary example or Pederal.8 tate cooperation. of my time and ask the Senate to adopt been exposed to unsafe levels of trittum, i

(d) Preparation or an EnytroamentalIm.

pact Statement by the NBC (actually done this amendment.

a radioactive material used by the com.

by a national tab) to a long and esponsive The PRESIDING OFFICER. Does the pany to manufacture digital watch faces.

process and wiu deter even further the Senator from Wyonting yield beck the The emissions from the plant have con-umn8tas proceu. This le counter to the Ae. remainder of his time?

taminated the food in school cafeterias '

i "8

Mr. SIMPSON. I yield back the re= in Tucson Unified School IXstrict. the l

$",yn @y malnder of my time.

Water in the swimming pool of St. Am.

ta orere I1 substantial improvement over the environ.

The PREBIDING OFFICER. All time brose School, and the general environ.

mentat review conducted currently by New having been yielded back on the amend-ment of the neighborhood.

j ara nco.

j To pnvent further encroachment on the ment, the question is on agreelBE to the A high level of tritium, over four times regulatory program of the State or New amendmant of the Senator from New the level now considered safe, was found i

usuco, and mtusste the untoward erecte liexico.

In the urine sample of a young boy who that stem from the recent rwamia.ian ec.

The amendment was agreed to.

lives near the plant. The swimming pool

• • 3 *'8

'$ P' "8'

Mr.DOMENICI.Mr. President. I move of one area resident was found to con-f

,"gy 3,43,'1 th $ d m correct 'to roccasider the vote by which the tain 20 times the safe level. Incredibly.

this intolerable attuadon.

amendment was agreed to.

the State Atomic Energy Cnmmimian al-I would also uke to esplore with you any other metharta you may susseet to remotes Mr. HART. I move to lay that motion lowed the plant to continue operations On the table.

at a reduced level even after early test tale presetag teous.

sinceroty.

The motion to lay on the table was results showed possible contam' nation of asoca me.

agreed to.

the school cafeterta food. The school

• • • • 86 w aassmeaumrt no. ses district cafeteria ptwammine center, as well as the St. Ambrose pool, a cafeteria l

Mr. DOMENICI. Mr. President, as I.

(Purpomet To peevide emersency authority in a nelshborhood service center for the understand it, the chairman and rank.

for the Nuctant mesuistory commamien) aged, and other local activities closed ing minority member agree with the Mr. DeCONCINE. Mr. Prealdent.Isend down in fear of cents aination while the technical channes of a clarifying nature. to the desk an unprinted amendmeng dispell'at any ambiguity as to who has and ask for its immediate consideration. plant continued to or arate. I personally asked the owner of me plant to volun-control over the Srst 3 years, and ther The PRESIDING OFFICER.The clerg tarily cicos, and ashad the NRC to step concur with this amendment.

willreport.

in and shut down ttu plant. My requests I

Since that is the case, I tenerve the The assistant legislative clerk read as mre Isot acted upon. Finally unfer tre-remainder of my time.

follows:

mondous political pressure, the Arizona

?

1 Mr. HART. Mr. President. the senator The senator frosa a=e-=

(Mr. Decom. Atomic Energy Commimion ciceed the from New Mexico is correct. The Sen. curs) proposed.an unprtates==andm=na plant down on June 15. more than 2 stor from Colorado joined him and ' numbered ass.

weeks after the Nuclear Regulatory othere as Senate sponsors in addr=amann Mr. DOMENICE. Mr. President. I ask a letter to the lhtclear Regulatory Com-unanhnaus consent that further reading i

.M t

d mission in Apri!. The fundamental pur-of the amendment be dispensed with.

Mr~ Presh h h W W N pose of that letter was to clarify the The PRESIDING OFFICER. Without coau 1ssion to the nuclear industry in Artsona have been wil publicized in the co p tly b

role e

4 ogows.

SR appropriate place. lasert the fot*

Am es p!

rim uradum m1H-and in the past had acemnMnted State ing operations or mill tainings. I think 42 Uhc. ese. seet is easeded by renusa. inspectors when they toured the site. no J

the amendment offered by the Senator bering subparagraph 0) as new subpara-current cornmtantan's fanuts to act high-from New Mexico contplies with that sraph 0)(1), and adetag a new subpara.

letter and with the intent of the cristnal gmpa gym lights the serious problem & existing 8*

tupon the

. mer The Atomic Energy Act of 1964. as

• $," b tho' ^menandmant tempo 8truy ru8 peed an or part or its agree-amended. provides that the NRC can acceptab1e.

ment with the state without nottee or hear. agree to aHow a State to regulate certain Mr. SIMPSON. Mr. President. I car. Ins it, in the judgmens or tae -==: uses of nuclear materials in the State.

tainly concur in that and I find the work (a) na emergency estunuon essets crosung such an agreement is in effect in Art =

cf the Senator froma New Mewinn (Mr danser to tas bonith or strety of persons in M G M mction MW fuMher Doesmucz) to be very appropriate, and j the mate or an area within the State, and provides that the NRC may suspend all (b) the State has raned to take steps I

urge its namense and adoption.

neemssary to contata er an= wee the cause o part of an agreement and assume Mr. DOMENI(*I. Mr. President. I went at the danser wnhan a r=====ada 4tmo arter seculatory control upon request of the to say that last year I belim Senator the attuataan arose; Oovernor or by its own motion. However.

r Hart and the Senate took a my signiS* provided. however that a temporary suspen. this can take place only after notice and cent step forward when the Senate eson under tass subparnsraph ahan autner. hearing.

passed the hill that became law, the sub= 1se the co==iscan to esercise tes authortty Mr. President notice and a heating ject matter of this tadneral clarifytng only to tae estent necessary to contaan o' take time. A nuclear accident such sa amenenana et-w** the danser, and only for suca time Three Mile Island, or a nuclear her i as the emergeney entustaan essets.'

threatsuchas Americanalcaticarequ s However, at the cleos of the year and with conferenees and other matters au The PRESIDING OFFICER. Will the selft action.

kind of pushing together in the waning Senator from Arisena Field at this My amanntmant provides the NRC with manents. it esses we left out a few words point?

the shulty to take swift action. Where

=w y

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I July fe,1979 CONGRESSIONAL RECORD-SENATE S 9489 i

an emergency exista that threatens the to remedy the risk posed by the At the end or the tuu insert the fonowing health or safety of persons in an area. emergency.

'N Nuclear Regulatory cm-munan shan i

and the State falls to take the stepe Mr. 8 IMP 90N. I might aak and inquire,Q

,8L"3,8*h I'

necessary to eliminate or contain the of the Senator, as I understand, the insular areas prior to the ta=atart of nu.

j danger in a reasonable time, my amend-agreement State program permits those clear waste. taciuding spens nucisar ruet, to, j

ment would allow the NRC to step in States with compatible programs to res-through. or across the boundaries et the state and assume control without notice or ulate certain nuclear activities in lieu or insular area. Provided. however, that such hearing.

of Federal regulations. His amendment nounceuon requirements abau not apply to Mr. President. I am not an advocate would, for the Srst time, permit the Fed, nuclear was*.es in suca omtities and of of Federsi control over the details of our eral Government to reassume regulatory such types as the con.mianon speesseany de-daily lives. I frankly dislike having to control on a case-by-case basis. I just $ *'tf the P

th Ud as[

author such an amendment. However, wish to clarify that the manaw's inten* punuc.

l despite my dislike of Federsi regulation, tion is not to disrupt the agreement Mr.

W. W. Pmaident, the great potential for harm posed by States program by permitting NRC to the use of radioactive materials and the substitute its judgment for that of the this amendment wires me Nuclear i

demonstrated failure of a State agency State on regulatory matters on a routine Regulatory Canmhn to notHy State to act responsibly to contain that harm basis, authorities when it intends to transport lead me to conclude that there must be Mr. DeCONCINL Re Senator is cor-shipments W maclear waste across State i

a provision for eenergency Pbderal au-rect. The intent of the. provision is to lins he canmittee haa pmposed modi.

~

thority. Lhave drafted this provision so provide only a very limited authority fying language that would allow me that the Federal authority would be lim-for the Comml== tan to act on a case-by-CommWon to exempt fran these not.

1ted and temporary. Upon its term 6 casebasis.Onlywhenitmakest?sstring. Acauon produres theyan quanuues tion the State authority would resume ont emergency findinfa in the provision of medical laboratory, and other wastes that are specifican, considered and tmtmpaired.

could the Cammtamian exercise author-Mr. President. if this amendment had ity. His should not disrupt the bene-deemed not to present a risk to the pop-been existing law, the residents of my Scial *Fangements under the agreement ulation. I concur with that language, and State living near American atomics would State i sogram.

I understand that my amendment as have been spared 2 weeks additional es-Mr. SIMPSON. Mr. Pr==idant. I appm-modified is acceptable to both the com-posure to low level radioactive contalmi-clate the work of the Manate from Ari-mittee majority and minority.

nation. We have no way of ascertaining sona, and I find his amendment quite Mr. President. State wafa and local what damage has been done to those acceptable and I urge its adopuon.

citizens are becoming increasingly con.

people during those 2 weeks. We have Mr. DeCONCINIJ Mr. President. I cerned with the nuclear waste that is no way of knowing what the life of that thanir the Senators from Colorado and being shipped through their States. Just 6-year-old boy will be like in 20 or 30 Wyoming for their assistance and for last vet. on July 10.1979. the Governors years. We have no way of telling him their keen awareness of the necessity to of thre States--Washington, Nevada, whether his children and grandchildren protect the rights of the States involved and South Carolina--which now accept will be nonnal and heml;hy or crippled in the agreement, nuclear waste sent s letter to the Federal Government charging that NRC and the -

and deformed. We simply do not know. I Mr. President. I ask nnanimaus con. Department hope that a situtstion like Aheri-i of Transportaticar have sent that the senior nanat-frosn Arkan.

can atomics nevers occurs again, and ses be named as a==Pa=aa* of this shown a **serioun and repeatet* disre-i that the authority this amendment pro-amendmana sard of existinfregulations that control vides is never needed. But, Mr. Prest-he PRESIDING OFFICER. Withoug the shipments of nuclear waste. Many dent, we owe it to the clusens of this objection. It is so ordered.

shipments of nuclear waste are comtne 1

l country to enact this amendment.

Mr. DeCOhCINL I yleid back the re. into their States in a badly damaged con-Mr. HART. Mr. President. I command maindae of my uma.

dition, exposing local populations to the Senator from Arizona for his at-The PRESIDING OFFICER. Does the unnecessary risk from waste radiation, tention to a very important matter. His Aanatar fresa Wyoming yield back the he Governors added that they will pra hibit the disposal of nuclear waser in amendment addresses the issue of what ramminder of his time?

the Nuclear Regulatory Comminaion's Mr. SIMPSON. Mr. President. I ytaid their three States, which now accert 80 authority should be in emergency situs. back the remaindar of n.v ume.

percesit of the country's nuclear vaste.

i tions. Pad I think it streogthens the

'Its PRESIDING OFFICER. All time unless those transportation procedures 3

regulatory program as it relates to the having been yleidad back cu the amend, animproved.

1 so-called agreement States and, there-mamt. the question is on a. Teeing to the This amendment will help a!!eviate 1

fore, for the majority side of the bill I amendment of the Senator frosa Artsona. many of the problems that States are accept the amendment and recommend The amendment was ag aed to.

having with nuclear waste shipments.

l It be adopted.

Mr. DeCONCINI. Mr. Ptesident. Imove When States are given advance notiSca-Mr. SIMPSON. Mr. President, will the to reconsider the vote by which the tion of such shipments, as required by Benator yield?

amendmant was marret to, this amendment, they can take the pre.

Mr. DeCONCINI. I yield.

Mr. HART. I motw to lay that moeca caution' of inspecting the ahlpments.

l Mr. AMPSON. Mr. President. I just on the table.

, routing the shipments through popula-have a question or two of the sponsor of

'Zhe mouon to lay on the table was tion centers during-of-peak hours, or the amendment and would inquire of agreed to, require shipments to have a police escort the Senator from Arizona these ques-up -

--. wo. see across the state. I should point out that Mr. MET 2lENBAUM. Mr. President. I this problem Sret came to my attention tions.

he amendment speaks in terms of now call up my amandment at the desk. when Ohio odBcials learned much to their emergency situations. Is it the Senator's The PRESIDING OFFICER. The clerk that weste fran the nree Mile and intention that the authority given to the will report.

Mactor was being shipped on the -

Commtanton under this provision wenid

'Ibo assistant legislative clerk read as Ohio Wrnpike thrmagh populous restons a

be stricuy limited to those situsuces in fouows of the State without prior notiacation.

which a true emergency exists which ne senator tross onts (1er. Resumwaavar)

Mr. President. this amendmant has poses an imminent and serious risk to the propasse an unprtnase===ad=aat summered been approved by both the House Com-pubile health and safety; see.

moros and House Interior Oonuntttees, i ***"'" t' ****'" II I *I'8 i

Mr. DeCONCINI. 'Ibe Senator is cor.

Mr. MFIYENBAUM. Mr. President, I

""a"'"" consent to print a'n arti-88 rect. The provision would require an ask nnanimana annannt that further l

express determination that such an reading of the==andman* be di=p=nand cle frun the July 11 Washington Post emergency estats and that the State has with.

into the Raooss, failed to act to correct the emergency.

He PRESIDING OFFICER. Withoug nere being no objection, the article Even then, the Commiandon's authority objectkm. It is so orderad.

was ordered to be printed in the Racons' would ennHana only so long as necessary The amandmane is as followet as follows; r

1

1 i

i 89490 CONGRESSIONAL RECORD-5 ENATE July 16,1979 17mrrue ararm Oure 17r.rtzaavear oar muey saad in an later, tow that he and his Mr. METZENBAUM. I thank the Sen.

Noca.sas waere soneesues were out or patienoe* with fed

• stor from Colorado and the monate erna ossetale and had damaaon the jotat let-from Wyommt.

(my David s.nroder)

Immern.aa. Jutr to-The sovernors of the g** *"3d Mr. HART. Mr. PresWent I sussest on2y thm etates now necepuns now.ima,,,, g,,,,,ig u y a, g, the dispatch or tenne of insp.1 to deuvered us.

me absence d a quwuan.

l nucseer weetse today saw me federna sov-tore to the prodneste and conectors or nu.

De PRESIDING OFPICER. De l

ernment three womme to tashten the enforce. ejear wasus and "the ecosistent and uncom-clerk w15 call the roll.

ment or entory rules on waste shiessent, a*?*

pro-wn, enroresment or anneuene in-De assistant lestslative clerk pro-tag that controis must be "drastscany im* posed whenever vnosauces am dameovered" coeded to call the roll.

proved" 11 their etates sto to contasue m*

For the looser term, the three soverness Mr. DOMENICI. Mr. Preht, on t

cetving the rama-uw materiale.

maso cause for a pian for restunna weste. die-whose time?

Oove. Dtase Ime Bay of Westunston. Rich-posa& centers. Ruey said to peromat of the na-Mr. HART. Mr. President, I ask unan-ard Ruey of South Carouna and Robert List tion's nuclear wastes are batns dumped or imous canannt that it be M order to have of Nevada. in a letter to the Nuclear Besula* etyped within his state's borders, and he tory co== won and the Department of compiamed that the rederal sovernment han a quorum call without the time being Transportauon, saad they were acting jointly taken no efeettre steps to force states sen* charged to either side.

because of "the sortous and repeness dim-eraung nuotant wassen to provide fu dispoema.

Mr. DOMENICI. Reserving the right sard of esseums resmaa==

rw dispoest of tow-tml ramsoneuve mate-to object. I will not object as long as-i ne tam soverness sand a blueprint ter. rena has h-.--=

a ansjor potas ta the breede' ne ymmING OFFICER.De Sen-t

[,Y d***** "

stors are advised est a queum can is to" t b

as b

t a eseos a month later. or they wtn move at their own now in prosNas.

to protect the hea1UL and sarety or our Mr. HART. Mr. PreaWent I share the Mr. HART. I ast 'manimous enneent etusene.-

!ssttimate. very Issitimate, concern of that.the order for the quorum call be j

ne letter did not spett out what settone the Senator from Ottio as to the right of rescinded.

the sovernare masht same, but aner noted me States to be Mformed of Pand'""

he PurnmING OFFICER. Without i

objection. It is so ordered.

l l

thes he had cut os shipments from me

'**$$ shipments of heenrdous material,partic-ularly radt-ttve wastes, through those Mr. HART. Now, Mr. Pr==ident I ask l

$'Y,",Th'f "'.

l States so that appropriate nN can unanimnus consent that it be in order i

shipmente to ble state I

1 i

Ruey, may and IJat temund their ultimatuam moedter the transportation of these to suggest the shamnea of a quorum with-as the Nauonna oovernare Associauon wound materials and can exercise whatever sur-out the time for the quorum can being up sta moeung here with a sportted natue,amanen is nana=many when thcoe mate-charged to either side.

over energy taa pousy. After heated debate. ggg]g ggg ygghtg thegy hpdora.

Mr. DOMENICI. Mr. PreaWent, re-28 s*"rne said thas promds or the Cw-of course, there is an increasing vol-serving the right to object,I personally 8.*,'M",2?"g,',,8'9,",'g"d7,,,,

une of radioactive materials in transit want to complete this bin this evening.

go 3 and. aanmanuently it is incumbent, I hacanas of plans that I have as I have emuon precueen and rouet to hard.hig oomeowners es wen for denlopment at new think, on su of mio inswo mat appro-told the managers of the hill So I win i

energy souress.

priate survemanem by every level of gov *. not agree unless we s6 ate that it will not The resoautana wee approvsd by le at the ernment is undertaken.

take Icoger than 10 minutes before this j

ss sovernors r==asaias as the end or the. With the m-na,atsaa of the amend-quorum can win be called off. I think tmy meason--ee am two-thirds ment in accordance with the desires of we have to notify Senators, but I think needed for adopuns a poucy remotuttoa. mar

• me ccer. N I san prepared to support we have to set some Hunt on h time.

l uer mow to un the Seustor in this effort and I would Tbh PRESIDING OFFICEIL Tou can-

, c,p the au use me adopuon of m -d-t.

noumpose a une uma-quorum can.

es,n,ns, mt es,m,suon,aded,, a i te-Mr. METZENBAUM. I mank the Sen=

Mr. DOMENICI. He is asking unant-Is vote.

In a prettew of the coming congraussonal stor froma Colorado.

meus ennment that me time be charged debate. Repubucane and sense car-state Mr. SIMPSON. Mr. President, I cor-to neither side, and I would object un-rw=annte argued that the praets resutstas tainly concur in the substance of the 3ses it be no longer than 10 minutes.

from daaantros at da===tse en prices should amendment of the 8seatnr freen Ohio.

no PRESIDING OFFICMR. Is there be devoted to espanded energy production' We.have also haaama aware of such objection?

transpodah acMN Sem my Nn Mr. DOMENICL Thatis me oWection.

tain reinvested or b ing got State. I think if we begin to take the op-I object.

ernment energy asorta trom a tax on the portunity, here, to give fair warning and he PRESIDING OFFICER. Objection praats "I concede there is a h"manitarian side to actiScatice, we wiR eventuSDy have bet-is heard.

the issue." Tesse RepuhWan Wrmam C1b ter methods ot transporting and disposal.

If neither side yields time, the tinbe-monts en&d. "but reust tw the han='unere la certainly after the jemanna of 'three MGe-wlE be charged equally to both sides, a compwtely separate question.**

Island and with a clearer public knowl-Mr. HART. Mr. PresMent, a parlia-tromr, Artsona Democrat Bruce Babbitt edge of whatis happening mentary inquiry.

{

aand u.at the on campaata= would use the es*

I concur in the amendment.

He PRESIDING OFFICER.The Sea-tra pgate to -buy up esothing secres and cir.

Mr. METZENBAUM. I appneiste the stor win state it.

• "****"**#*"I'****""'#"","*'.

ecoperations of the Senator free Wy0-Mr. HART.What la the parliamentary g, g i

ming as weH as his helpfulness in sur gituation?

ernere os the C administrauon e propoemt fter phased decon-gesting amendatory languSSw to 2e The PRESIDING OFFICER. He time tres et on and endorsing a piovenet creast amendment as originally offered.

Is being charged equally against both for the ou ananrantaa but lacludes as bene.

I yield back the ramaw f my tigne, gjdgg, o

Senaies of the windfan pecate tas energF Mr. HART. I yield back the 1=nal"i*e Mr. HART. I'**i unanimous canannt come'rvatasa and ensegy mueresney incess of any time.

that it be fri order to suggest the ab-I

" Progrease-for hard-nat are et Mr. SIMPSON. Mr. President. ' allow-sence of a quorum without the time be-

'"*8*"*

ing for the opportunity for aan**"

ing chargod to either side.

,,In Boscuwiva to distract me, I yield back Mr. DOMENICI. Mr. President,I have ed ngress rar I am l

toad Wt and ee.fect maximum length for the remainder of my time.

herwtofore objected, but I wiu not. It is l

trucks on interstate highways-efeettvely The PRESIDING OFFICEIL He not my intention that the chairman and raining th. umne la it staten nm admi=- questics. is on agreeing to the amend-ne ranking minority member i

tetrasson le seeking temporary higher unite ment of the Senator from Ohio.

The PRESIDING OFFICER. De clerk as part of the cosapromise that ended as la* V Re amendment was agreed to.

%dl call the roll.

I dependent truckers' strike, but the somenore Mr. MEI'ZENBAUM. Mr. President. I The assistant legislative clerk pro-said the umsta should be urted permanency move to roccasider the vote by which coeded to call the roH.

I

• • • • • • • '87**"***"**"""**

• the amendment was agreed to.

Mr. WEICEIR. Mr. President. I ask d2

, Ey*,*,*g Mr. HART. I move to lay that motion unanim== consent that the order for on the table.

the quorum call be rescinded.

plained snout **the total taca et correctave ne motion to lay on the table was The PPFAIT1rMO OFFICER. Wimout 1

measuren to reduce the hamarde involved ta the shipment or nuesest wassen.

agreed to, objecten, it is so ordered.

.l

l l

i i

i July 16,1979 CONGRESSIONAL RECORD-SENATE S 9491 t

i tw aassweassww sov Iurgeadoptionof theamandmane.

guage would do it and cover both points.

I Mr. WEICKER. Mr. Preeldent, I send Mr. HART. Mr. President. I asa ed I should be glad to modify my amend-I an amendment to the desk and ask for tremely sympathetic with the amend-ment to include that language.

tta immediate consideration.

ment ofered by the Senator from Con-Mr SIMPSON. Mr. President. I ap-The PRESIDING OPPICElk The necticut. I understand and appreciate. preciese the willingness of the sponsor j

amendment will be stated.

and generally agree. with his moMyes of the amendmant to include language i

ne assistant legislative clerk read as and intentices in ofering this amend-which I think does remove one of my l

I follows:

ment. I must say, however. I have sev-principal concerns, the language. "11-The Senator from Connectseet par. eral concerns in the way the amendment censing or approval of any disposal of wancman) proposes an unpantes===ad====,t is drafted in that on the one hand to a nuclear waste in the oceans.*

j 1

numbered 357.

certain degree it does tend to duplicate It is a real concern that high-and low-3 on paeo 19, immediately arter une 18, la-or overlap prohibitions already in the level waste disposal is one of the real l

sers the reuewing:

Clean Water Act and Marine Protection issues of the day that w6 are gou:s to Bao. 20e. No runda appropriated under this Act. Purther. it does prohibit funds from have to addreas in me anata especially l

m I

S[

ry being used by the NRC for increased or duttng Lnd after the investigations, r

W i

anhanced ggearch into the whole waste I had ander cone but perhaps disposal question including deep-ocean that is Seeting, the one that nuclear

{

Mr. WEICKElk I ask manimaus con-disposal. research which may be neces-plants, of coures, somedmes have minor sent that Mr. Al Starman of my staf sary to dispose of the arguments of i

e be granted the privileges of the Scor, those who favor this.

very low-level radioactivity dischargee l

during the debate on this legislation.

- In other words. I think what the Sena-that 30 into water courses through the i

analina apparatus. I think that with the no PRESIDING OFPICER. Without ter may be doing in this amendment, or i

t n,,,go,,s oral clarification that this does

{

objection. It is so ordered.

potent 1 ally could be doing. to prennting 4

Mr. WEICKER. Mr. President, the the kind of definitive scientific evidence not address that the amandmant would I

i amendment you have before you would from being accumulated which would, in g,,ggg,,

put a moratorium on the ocean dumping fact, lead to the conclusion which he Mr. WEICKEIL Mr. President. I cer-i of all nuclear wastes.

~

wishes. nal concerns me to a certain de-tainly do agree in the construction of l

ne amendment I am now ofaring will gree. Fbr example, the NRC in levelog-2e legislative histdry of Me cammants i

1 serve to protect the oceans front pollu-Ang its waste disposal reguistiues and made by me distingulahad Senator from tion by radioactive wastes. I am deeply guide!!nes may want to draft guldmHnam Wyoming. I ask unanimaus consent at concerned that in the search for new or regulations in such a way that !n fact, this time test my ammadmant be so disposal sites for the Natica's nuclear ocean disposat ts prohibited.

madmad as to include 2e words "ljoens-waste we may be tempted to turn to the In the narrowest construction, this ing or approval of any" between the i

oceans before we are aware of the dan-amendment would prohibit that, since no words theand" disposal."

a gers of such an action. Now is the time funds could be used. I do not think that

'Ibe PRESIDING OPFICEIL De Sen-to assess the dangers of such action be. is asactly what the Senator wishes to stor has the right to modify his amend-fore there is a critical need.

accomplish.

ment. Is there objection? Without objec-Currently, title I of the Marine Pro-What I-would strongly prefer at this tion. itis so ordered.

taction. Research and Sanctuaries Act point, unless some meca==odation can he amandmaa+ was madinad prohlhtte ocean dumping of "high-levet be worked out-here, is for the Senator to

'Iho PRESIDING OFITCER. Is there radioactive waste." However, the defini-continue to work with the committee on tion of "hlsh-level" given *.a the law does a munprahannive graste disposal program, any other mod 1Acanon of the amend-met est me anater from Connocucut m

not include many pote%1 ally dangerous which I suppose, on the one hand, keeps wishes toofferatthis point?

wastes.

options open but, on the other hand, per-Mr. WEICEEIL I do not have any fur-The einamineattor of radlametive weste mits funds to be used or included. In a ther madmeauan Mr. President. It 4

is extivmely comsdcated.

way that would prevent disposal of nu-In addition to che radiation level there clear wastes in the ocean, if that is the seems to me mat fairly well clar1Aes the points that have been raised on all sides hre many other factors that must be con-scientific judr==nt.

of me issue, unlem so nobody else has a i

sidered. such %s the concentration of par =

Assin. I sympathise and support that snan=aHaa I do not want to foreclose ticularly hrJardous or long-lived iso-idea, but we do not have the hearings that.

topes and the chemical state of the completed yet. We do not have the best Mr. RART. Mr. President, the modift-waste: for instance. is the waste a stable scientific and fachnteel information yet solid or a corrosive liquid, that would support the conclusion that 6 hahhMhmed i

Currently. elamaiMestion as "high. I think this amendment seeks to achieve. and. I think, responds to a couple of h observationa Ma4 2e Senator froin level and " low-level" is recognised as Mr. WEICEER. Mr. President. I say Colorado fu making. Once again, the oversimplistic. The NRC is making an to my disunsuished coDengue (Mr.Haat) aly hesttsthe I h h M 6 m cdort to better classify radioactive wastes that,in a conversatte with the ranking but still many " grey areas" exist. An ex-are in the very delicate process of trying minority mamhae of the comed 3es, the to arrive at what the best nuclear waste cellent example of one of these poorly language has been sussested that the disposal sites are. 2ere W me my sh denned categories is the radibactive amendment read:

i water now flooding the Three Mile Island nnemikalie, that, under some peculiar i

No funds sopropeuted undanata Act may gWens Nuclear Reactor containment building. be W ror me pgese at pedtag for dWoosal e s % %

The oceans are one of the greatest re-tae-.

tkWheG sources of this Nation, and indeed, this arts prWecdon Inight conceivably planet. I bell it is tial then add

• turn mit to be me option, a safer option caunca to e am una on the ha=8af and appmat of any dispeant of Man enn land MW dumping of any radiaartive wastes in BWommesten ta me cesans.

It is that narrow poesibility that is of the ocean until they are better classified I think that will mattafv the point the concern. Understanding that this and studies show that they pose no Senator raises, which is valid, that in-smandmant is to the flacal 1980 authort-l threat to the seas. Because the United vestigation of the consequences of such sation bill and that it would have the i

States has not dumped any radioactive en act shc Id certainly continue. At the Mme constraints of that bill. I an in-wastes in the oceans since 1932, this same time, the point I am trying to clined to acceptit, i

moratorium should have no immadiate raise is that I do not want samahad?

Mr. WEICEER. I thank my disun-impact. However, as pressure increases to willy-nilly dumping in the oceans. What suished colleagues, j

find new waste dump sites in the future bothers me is that we are protected un-Mr. President, I yield back the re-t this amendment will have provided us der the present law insofar as highly mainder of my time..

with foreknow! edge of any dangers and radioactive waste is concerned. but low '

Mr. HART. I yield back my Mme.

will help us to avoid regrettable daciaiana level radioactive waste is not coverot' I he PRESIDING OFFICFRJAll time j

made in haste.

think my amandmana with new !.an. having been yielded back, the e l

7 a

4

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l I

8 M92 ommmum MORD--MD M M,1879 1

la on asmens to the m.n.em a g me manew ama om., mas.ama web.ime usammy of aesence nport on nuclear remoneuve matertain.

wastethatodd:

i BeDater frOm" "o. The===h=anap and preesdures et the Osassesressoas of noms.rames safety ese in j

De amandmana wee esmd to.

tw==a=*= ahan be deterlatese DF the ses=

come la=*ana== suhoreasse to regard for the i

Mr. WEICEER. I move to recensider reenry or amarer and to asesent semes pre" esenemy at opermaton.

[

the vote by which the==and=="*

wee stems taas representemeen et any acessed agreed to.

Trtant coments er aseessa neemt sessemneste More recenuy, the Preeldent's own taak Mr. HART. I esove to lay that nastion are amenudse la me -

fores on nuclear wastes reported that lg"d. 41) see pesarea asemer er les resso."",*** *",,e*

• • ::L";""Ml',; d=po==i h= ban =mumand. So =r

• • t'm*o'n*ia to wy on the Mais was tne tachntral feaalb111ty of radiaaruve I

co

,,,e agreed to.

geosasto scorneo or ai=ra==s tactueng test Nation is in deeperate need of an aHir-Mr. HART. Mr. President, I ask unan-e,panas mauve nuclear waste disposal prosmn.

I 1mous ennannt that it be in order to ceII. nom.msem, og nign se,et reesometese wesess.

levet reasonsten womaan taeameng I am greatly encouraged by the re-i i

a quoruns wtth the time not being trammesnatusa semananimases wesess, or arre-newed esorts of at least three Senate i

charsest to deer sida emesa meneer renseer rest.untusussi sommer anemittaas that are now camtne to srtas i

The PREAIDTWO OPPICER. Is thegg has been amated Dr the Gewam et see with this criucal problem. Some of my j

obleetton? Without ahtaanan it le so @***_** T ",,,**

emanana[ia-ha as ed

$ dl wrdered.

Mr. HART. I engsent the absence of en

-"(31 any aseetse essee seat by Joten er

_._ ssessmen, or my law or ta tamme 11sht of ongotng Senate comsnittee henr-quorum. Mr.PreutdanL eeness weta a unseamernt legheeserew Dr an-ings.

The PRESIDING OPPICER. De sw rameautson or by ear oemer powes sub-I must say. Mr. President. I respect clerk wul can the rou.

Jose to esas sensee esasetenessa, in assure-an of these Sonstors enormously who ne mannnd aanktant legislauve clerg ames wasa the pressenee er emusessessas have spoken to me in that vein. Yet my

' " " ~ ~

t

="t.:',w=.::=t;g""::r'"',ne I"'"**'***

praamadad to eau the rc.

proposal in no way duplicates or usurps

~

M,. McOOVERN. Mr. P,esima. I ask

• =C"'"

me ami-bie.E== =t = bemg==

e imantmana ennannt that the ortler for

e. Tne pro,tesons or mas assesom ehan ase hy other Annatars. In point of fact, the the quorum een be r=ad-ead apply se any afected sense mas as puestag

="a"d"a"t l'e are ennaidating today i

h PRm pro tuunperm Wtttt-a sensultassem ame prosses tana has little to do with the matahltahmant out ohja'tlen.it is so ordered.

nas team appresse er the sammenry of ha-of a consprehenalve nuclear weate die-

, iso, ese War peer to the date et saastamma rif mas penal poHCT. Det is another and larger y, [ninnely nenhored aa'aa.am a

gesstion we wSI have to deal with at (a

Mr. MoOOVERN. Mr. Prueldent. Brag, considerehty more length than we WS1 Mr. McOOVERN. 3dr. President, I of all. I wish to say that tblais act a sub-here today.

eend an amandment to the desk and ask ettente amandman* It is dWy a med6 This amandmant simply guarantees th.at it be stated.

Scatton of an amenduret that I had the States a voice in the councils of Fed-I'he PRE 88N'f!' pro temporg De hatroducedaartier.

eral energy daataianmairent It does amendmant wu! be stated.

De amendmant does not change mer nothing more and nothing less than The layentateve clart read as fallsee: ortsinal printed amand=9a* except that allow those people who are most directly

.g.no ennaear troni esse Daksen (ast. no, one new clause la added which protects afected by such far-ramehing proposala oo,masrp propeans nepnates - and preserves the existing aaaaaamunn to esort minimal control over desastone nuanmered see, in the noense et a summesesta and concurrence procedures that ase be. &Secting their Um.

Mr. McOOVERN. Mr. Pmident. I ask Ing pursued and have been appseved by When I Srst ofered a similar amand-unanimous consent that further mdins the Secretary of Energy in earteen ment on the Senator float 2 years ago

stages, some of my colleagues efectively argued of the amendment be dispensed utth.

no PRESIDENT pro temport. D* conce. Prealdent, there has been growlsag that aneciant hearings on State par-Bir rn oeer agage paanna og 3ggag, ticipation had not been held. They es-out objection it is so ordssed.

The amendment is as fcDourt Mr federnur proposed nuclear weste re-pressed ennaidarable concern that a process of State partie"=h be estab-positories. I think all Senators have be, Ilshed prior to providing States with the on page 1s. tasert the sellowtag after itn*

oom a,ns, og g, agnaggggggy gag om.

te paa see. c'hapter le of me Alcunic mierst cana'atuants feelon this quantian of hav-power to reject u approm Fedemi ma.

Act of test is==aaded by inserting me rog-lag a carticular State or particular part clear waste dispaal sites, and those argu.

nowing new secuan arter seessasset:

of a BOte tving selected by a Festerag ments were not without merit.

-cac. 243. leottoe to seness Wtm negere to agency fGs1% depository of highly radio.

Today, however, scores of hearings in Dispanni of Nuclear Weste-active nuclear materials without at leseg both Houses of Congrees have now been "a. Except as Inay otherwise be puwvided-having some Tosce in that selection. and held. De Astal report of an impressive me chairinan shan notary (nad pubmh men if agreement cannot be ramehast then in Presidential interagency task force has me omeers the the final analysis having the right as a been imhlinhad and we are not anywhere cansabers, where appueable, or a state legte. State to reject a particular ette.

' closer to legislatively astrming a strong tature, and where an.Hanhaa tne Trtant Over half of the States in our Nation State role, counest ar any aeostem Inman treme, or no have already introduced and have pend-De premise. and much of the text, of tasant to emptore a uses in seen semes, er ing or passed tariafatian placing ocotrola my amend==ot can be found in the testi-wHhin an indtan renamence, for me pe"- and restrictions on Federal waste faculty moor that has been ogered at previous Qd" 8

siting and transportation. Delt actions hearings as well as in the interagency

,,, me s, ora,s..n.,_=r.,esu.s'tes m,a. met,,e mm. have =n aimuned moonee to me y.d-ine= is.e -rt.

terinas, eral Government's refusal to provide

'I1ae administration and the Depart-

-b. uneept as may otherwise be provided, these with a fun partnership role in these ment of Energy have-already begun to tae canarman aban, arter mansag the mos-important decisions.

Implement a policy of consultauon and nematon required by sabesessem a ame seen Mr. Prealdent, no one can argue that concurrence with States they are con-the reques oc tae covernee at an acesses tho disposel ot hish and misuevei nnetaar sidering for nuclear waste depositories, usaa E *an*asmto waste presents an t=== nae prehism in This amendment simply legislatively au-rinas aannagessant tw==i==s,= (herenefter this country. The hirtory of nuclear thorises and adtrms this polley.

i in this secuon referres to as as weste dispoent is indeed a rather sorry Although some of our coHeegues be-ston') ter me perpass or aansestas.'conseas.

in na es. picture. Tadie and Government have lieve that any Stata role must be part peestaous =manae, substantant -- __ constantir tossed this leone back and between the state, tae maestes Immen orthe, forth with no clear resolution las sight.

of a comprehensive nuclear waste pack-age. I am convinced we cannot aford to pa g mad,esereng. ee s.,ee

a. eva,um.s et hwase.Q e 500.000-gauon accident. com-wait any Ionser. He history of State prisad or - man =.000 sepa-te isens paracipauon m redomi waste deposi.

e tas ar aamsweetson or reemises ineunese for at the Hanfwd remvatima, the 700- tory siting has been a sesses of broken l

me management and saarn gallon leak of high-level waste at the prnmiaan. If we do not take action now matarseas tactuding hish.te,eo or ramenets,a Savannah plant. and other problems all to astrm these promie*= w et defense weste, i

ePeat fust reensor -hna=

transurante point to the truth in a 1966 National have the States' cooperation.

t I

~

- ~ ~ ~ - - -

July 16,1979 CONGRESSIONAL RECORD-SEMATE S 9493 In 1975 the Energy Research and De. Department et Emegy (Dos) to state of. would appear neemmmary ter thse purpose staes velopment Administ"ation inherited the fl< male rusaretag the==*=weah-a et ne= the vesting of authority in DOE by the 19M responsibility of recommenting and clear mee spostoones. In yw tetter, yes Act eme not tacande the nsht m meelesate carrying out the Nation's waste manage

• espress the beuer that DOS may have es. or share the nuclear weste dut=al ante seaso.

inent policies. In December of 1976 this oseded i.ts authority in sivtag certain senses tion authority with the States,

,,ee e,ar the me=hn=h=ent or nuclear ne teet at such authortty before the en.

agency announced ths4 nacnear waste weste repositones, as you are unaware et any actment of the Dos organianuon Act, was program eforts would indude substan. statutory provtaton auther1stac DOB to. hare recogniesd in Senate debate on the 1975 tia2 consultation wit.*1 State and local doctelon making responalbilitMa witn the sitDA authartsation bil2.====e-Mooovern coverimet ' during each phase of the States. Accordingly, you FMoest our opinion ofered an amendment to the but whlen decisionmas1Dr process.

concerning the tege4 tunne for thans state. would have amended the Energy Reorganima.

ERDA then carefully outlined State omsate, particularly to the state at Lautetano. tion Act of 1974 to prohibit contracting tar and bem) inclusion in the procedure for A dem

• nut 3ad "Fnnetpts of hee-w construction M a radioacttw wute emmgo standinar dated February 27, te7s wee faculty in the event a state legialsture by sita eclection, ut+Mahiner raamtmable signed by the oevernor or tara a=== and remoaumon or law. or a state-wide reteten.

levels of cooretinatum witka the States t,y me Deputy secreeary or Dos.In it-aum, dsespyroves of the use or parueuine site during the ERDA luformation gathering

-* *

• the parties * *

• egree that to the in the state. Atter a colloquy regarding the phases.

estent permittee by law, they wiu use their advteantury et adopting the amenament, a But the final statement, directed at the best esorts to adhere to the tonowing pou. malersty at the senate voted to "tsy st on the third phase of the procedure, only W 888' and practicas * * *t tehne" (tas cong. ass. 811648-11eee (daily and I quote:

-e. #meleer storse>-Au rederna oevern. ed. July tr te77)) and it wee not subme-se seu a mtattag to nuclear waste die. quantly ested upon. We Bad mehtng in the ERDA will maae a decimaan regardlag the

- tocauon et e repoettery*

pomaa in the veeberte seat Dame in Woester doe organnenuen Act, onested thmenner.

Parteh and the Eartpurnt Bait Domes in wtLich would suppet a comelusica that the l

This has been the theme of almost alt menet:1e parish watt be sehfess to thee setp. eentes comid be given a nto" posur by Dom.

a nuclear waste facility planning in the

"'=am the Depermness of snergy usas nas Pursuant to the request contained in l

yesn since.

• • • • truet any neeleer sense reporssory for your taan=e at Ap:st 31.197s. to the smeretary Although Federal agencian have givent 'long-teria deepassa a tonsesene af *A stete at anergy, we were turnsehad wtm ooptes at obfeers. Studies of pomathis asene in tausst. DOE documeente relaung to the es'ahne.

Governors verbal assurance that States ans as west as to other states would com-ment at per=====t noensar wasa repost.

will have some any in the final decistout, tanne with some test datutng wtdah win az. tories. Included was a memoranden pre.

why can we Dot give them formal recog. were be puesdad by ocamplete discommicas pared in 17te Department's OIDen of General nttion of that assurance? Because we wita stane astsemis? tv-a-adeed.)

counset on March 1s. te7s. wheen we are have not, made this amnnation, an in.

Included wita your ieteer ivero copies of inrormed represents tant onnee9s current creasing number of States are taking

'a=r= ^ aa= with lese Yert and wow legal openson. De amoranden concluded legislative action to restrict ytderal nu-Messeo state - i-The Maseh as, teve ist, that me asetary or Energy unde esseuw c1rar waste and transportation within

• OME th8 DOE Deputy Osmenry to the law dem 24 how the legal autherHy to enW Ih'If D#d8F8*

MrnN W New york had the senaed pur. Into a Mantag egnament vna a State p Pose of clarifying DOE's positaan on State saaet to which the State would have the-As I mentioned earlier, the PresidenVe perticipetsen in esmhrtahtng nuclear wasta power to voto or forms the====h===s interagency taak force has also supported topositerles.no letter seld; of a proposed nuclear waste mposttery at that assurance. 'I7 etr report, which was

"!st ane medarm our converest*on of last the staan.

!ssued in March of thist year, stated, and week that it to asetetary anklemagers view We ague with this ytew. In the abunee I quote:

that the propamed )naamam or nuclear weste. of statutory authority permitttag seek no=

no TftO does not believe that a polley of Seal gle "f=8 factIttles will be subject te tkua we houses that any agresunsas by the preference for etther errtualve Pecora4 su*

eoecurmnon. We ham not yet twenu. Smetery et Enegy, e any M his mM.

prTmacy or state veto la.ppropriate at this lated spectSo views on the most arp naame, with a State to make I;CE's choses of pranadmen for 1mtdam==tattom of this assur. a nuclear wasse reposttory subject to rejma -

t'a and co ance. At the appropriate tsaae thAs questien tica or danappmval by the State. is legaHF at e curmnce approach abould be adopted. Ucder w nid be approached tniuany through das, unenforceable, thte approach the state has the continuing cumus na between DOE and State cinciale.

In our view, however, the ascretary has ob111ty to participate in all actiettles at att not attempted a enter ink a legany binding potote throughout the course of acurity and In a letter to the New Mstloo Attorney w.

t with the State of fou1adana. The if it deems it appropriate to prevent the con. Osmeral and in a asperateletter to the L!su. " Principles of Understanding." signed by tinuanos of Federal activttles.

tenans Oeverner of New Mesteo, both dated DOE and the Governor of 14 manana are do.

Marcet La.199e, the Deputy 8essetary gave scribed thereta as "pollelen and practices.'."

This amenrirrwrit is entirely cimaistent simuar assuransee, which win be fouowed "to the estaaet per

=

with the policy obloettves stroemart tly the The Department of Energy Organtassim mitted by law." This is the kind cf language IRO report. The Department of Energy Act or August s.1s77. 91 stat. 546. Pub.1. No, typ@ med to est forth a mutual code d has already gone on record that they ar, 9s-01 utahnahad DOE in the esacutte behavior whleh Mmatna in force only so long pursuing this policy

• bran'.h by the reorganimation of energ June. se the parttee agne to adhm M 11. In basic Nortunately, the M. General Ac-tions within the Federal Government. Sec. contract hornbook law. It would be desertbed tion 301(a) of the Act included, genormuy as a " statement of intaction/' as opposed to counting O!5ce has issued an opin! ort the transfer to the soaretary of Energy of an offer and acceptance with mutual obtfan-that the Department does not have the all functione formerly vested by law in the tion, or en a unuateral agnement on Outhority to actually negotiate State adminestregor of Energy Research and Devet. which the second party Bad a right to M17 agreements w!thout congrendottal action. opment. in the Energy Research and Devel. In view of the cuefuBy wwded pr==* to Mr. Presid-nt. I ask imardmous conseng opment Admintatrauon (ERDA), and in of.

the DOE.fantatana document. we do not be.

i that a letter from the UAO to Consress-Score and omoponents thmot, y %%

T, b

InAn. DurcatJ. the distinsulshed chair-DOE. as su====ar to ERDA. Is resnontable man of the Subcommitteeces Energy and f r nuclear waste management. Including the CThese comments are, of course, equaDy ap.

pilenble to any eareements with other states Power. be printed in the Reconc. 'Ittis n"ci

• ' ""Eh* "*'d u tima a

westee letter specifically states that the Depart.

than those ilmited categertes covered Dr Da moly to your letter of Acrt! 21. 1978 Inent of Energy does not have the power Nao.etate seveeniente under section 274 of the Deputy Secretary of Energy. on May 11.

Co negotiate such agreemente without the Atonde Energy Act of 1954). In accord. 1978. stated na follows:

Dew authority.

anoe with sectione los and los of the DOE "While we are coattnning to improve our Here being th) objection, the letter orw=nm Act. espes. tt to to prowlde for understandtne of the wantaan 1ssoas thes was ort!ared to be printed in the Raccas. pubtle participation and cooperetton with will have to be resolved with the Nuclear sa followt State and local governments in the develop. Regulatory t%mmtantan the ident1Sention of ment of national energy policies and pro. potentially.suttable attes le a prime ennamen.

Omerrectaan Ouremat, grams and to give due consideration to the 'lide is a nstional !ssue with substantia! !ocal CF vser Unrrres 9 rave, needs of a Seate where a propseet estion Itapact sad we betteve we should as a matter Weaktaftom. DA June U. Uf9.

aammats with the statsse energy plan. Bew. of pousy. eet in s manner consistent with Non. Jome D. Dusests, ever, we are not swere of arty statutory su. the deelne of the state 1A which these flheille Chaerwieg. Kabeennsattsee on sneryy and thority waleh esteeds the Stace's pvrtietos. ties Wt be located. This lesse vem, as you Power, Consuetites os fateretste end tion ta the protem of establishing nuetest knea. #teussed on the Soor of the Annata Foretag C n, hoeat of Aspresent. weses factittles to the escretes of a right of last year Jad we recognise that the question essess.

noncurwnee or = veto = power so es to prove s et state rutsespation In the eating prooses is Den Ma. c======

You recently re. the seleetson of a parttentar attr se a nocteur a subject of pending congreensonal propommis, quessed our views on esseenants made by thy waste reposttery. Spect1*e statutory autherfty "In this manaetion we Moognise that l

i t

[

l S 9494 CONGRESSIONAL RECORD-SENATE July 16,1979 consroes has pinned :==y==ahan*y ter anal The state must base anthertty te vote the ship of cent==yaata= oli shale, geothermat.

esting dad =aaa= vpos the Department.nore. *ise of essesse and transportation facuttles and cosa leases.

fore, what we have done is to adetse the or omer itsens that may annouet to a peer

'!be tech of a desned national energy states that the Departannat would set amans use at state resources or represent a rent poucy hee left the formuistion of energy l

a anas deeteios to proceed with construetten threat to the health welfare and safety of prierttles in the hands of pr!vate enterprise l

of a factitty witata a state it that state had state residente. Without this power I would and of increasingly hostue foreign energy l

tadicated that it did not concur. In the never agree to voluntary loentaos of a fin. suppliers. The legislatate and esecutive branches of the feGral government must course of my recent trip to New Massee 1 c111ty wlthin this etate.

addreas the tormcton of a national energy i

l ares the dastan,ctina betwega,the poucy a,t Mr. President. I ask unanimous con-pouer in a forthrtent, open. and espedittous

,,,,,cuo,

,w,,,,,,,,,,,,,,,,

sed $ to have printed in the Recome at ma

. In addition. Congress should con.

l detegning to the mate the anal decisha the conclusion of my remarits an article sid2e tavestisating the hold private enter.

I matina authority in the form at a nasady I

bandans state wto over the satsas desesion, written t:y the former Governor of prim has on the ownership acd development 1

mouns that I couad not oser the letter.-

Nevada discussing this subject of Stato dd {'***"g*,,*$prgo cted i

Prom th* foreemans. It appens that Don's participation.

technosostent. ats human reources in this I

curnet panacy is that o respecting a states The PRESIDENT pro tempore. With-world need not stand stut for domeette or r

nea.concurpaca " We undestand this to out objectlon, itis se ordered.

foreism estortion. But that is where we are mean that ti, durves Dos'a consadarauma et. (See exhibit 1.)

headed with the present hodse.podge of i

s partsenaer npostory ste. a staesqthrough Mr. McOOYERN. We are now long conaleting. disconnected federal energy pro-j tie oowner w otherwmot espremes emap-overdue in denntnar a States role in the smans and propoemas

? M"# *"s*u et patac'y waste facility atting process. It is un.

I hallow this Nation pannesses the capac.

j j

l "the locauan ta quesuon. even thouse there

• • "*"ianahaa that we have denied them tty to remoave our enersy pmetems tf we ad.

l tw aa I

is no legal requireenest le abide by the State's a partnership in dartalanmaMng that [g, Q$[M*j l'

I l

wtahee. While such a polacy eaanes le not will affect their very 11TW. I have every some maternatives, and may greatly alter or 1

tagally objecHa==Ma the emme considern. *anArtlanam in the edsthty of States 40 LIM destroy both the quality and etyle of Amer.

tions reased by senator chorea la rerneese such power wisely and in the best in-nean life in the future.

to senator nseomras propmed ---"d"*

terest of their cittaans of the Nation.

The development or nuclear energy la s' I

of the Energy noorT*"'""" Act of 1* **

Without this authority, we have not perfect osample at the need for direction in

,,, '*"* d*7,,,",,'*Q*"' "8'"F caly denied them basic rights-but we our esort to deane energy alternauves.

N beneste and risas invotnd in nuetw

-... for rease now we haee tesn'tryint will also have' dangerously jeopsadised any hope for a amie and publicly accepted d*v830pment are equauy hist, but a care.

to and a permanent depository ser the weetse rutty dettberated decision rosardins the ad.

I we have already created. as yet, we have not waste disposal presrum.

vta#Ulty # "=a-sty of asuuly upanding found a state sovernment that has tesa win.

Mr. Freeldent, let me say that I have ing to aseeps tant deposteery. I talan thesis espressed very strensly to the distin-never son'"'*

te a suma==riaa of what ties la eters far the sundhed manager of the htH. my friend e utse or nuclear dentopment has country 11 se adopt this maaadm==a 33 gg and causass, the asentor h Colo-been formulated by interested groupe, who present foroL The problems we thee would g (gg. g), who has done sucit easy or may not how pradwaa their dect.

i j

nemone unsoiweit." stas coes. nee, a tees kl 12 tis whole Seld of en-sten on a realasue analysis of au the coste (dany ed. July 12. le77),)

ersy and environsnental anatters, that and benesta of nucient ensesy.

Apparency, t8ere are only a umsted assa.

her of sites in a few States wtuah are eeMaldo I wollld hope the 50$$ tht this Amsad.

In the past. Congress and the Atomio i

for a permanent repository. Under the ano, Inant would not have to come today. A Energy Comminston may have felt the ava11 j

etated dos policy it appears that if east et nusaber.of camp==ase of the ascend. able data wee tasumetent to araw vand con.

the states were to object to any atto senseest mant, comprising some 1818mmhaos of clustons. 'fbat se no longer the caos. Through in that state. none would be available for the.

• nata on both sides of the aisle, are the years, protability studies have probed f

f the possib111ty or nuclear accidents To.

establiahmang of the regenttery. In susk $9= ' necessarily absent today. the M 88F* 18 7888e Of nuclear powerplant opera.

i eumstances, if DOR to to eserctae its authe'* fate M (Mr. ht) who was the

{

tty to estabilah weste escrase famarsadan it 13 E give a Arm base for comparison and Srst cosN M h t h study. Rundgggg g( glggggggg gg ggggggg i

would have to shandan ggg pgggy ggd gggggg me. among them.

. fuels have takaa place. mitunn, of geHons a leession without reense to the Statois ota So,whileI have been more than happy or nucient westes have been stored, and the jeetton (as it is leently free to do). Falhare by DOE to ao act would mean.'la crest. taat to eeenmendme= the managers of the bill actual and poentble ereets of redsauon es.

the ette selectson decialon would have to to in leaving the SALT heartass to make paeure have been the eunject of widespread made Dy the Congress.

my presentation today, and perhaps even rensarch. Mart saformation is now avauable j

atacerely yours.

to complete the debate today, I woulg Upca which destasons can to mada R.F. EasA hope the vote cetald so aver untH to.

It is time for us, individually and oat.

lectieely. to d== mad an outune of our on.

dettag Comptroller oenerst of sh Incrrow.

I j

I have discuased this matter also with ' w'"# '""*'****'** """

1. • '""I***** ** * **"

U#888d 888888 ob"

t. w'e Mr. McOOVERN. My amendsnant the distinguished maiority leader (Mr. made this dec and would simply provide the Department Rossar C. Bras), who amid he hoped the anuss do the same. The doctason is needed with this much needed authority.

leadership would be cooperative in this to form a vantage potat from wtuch we can In sum. Mr. President, there are sW-concern.

evaluate where we are and where we are ersi compelling arguments in favor of Mr. Framidan% I teses've the remainder gotag.

this amendment. First, the consultation of any thne.,

arsvasa's unrummaca wrra stoca. mas 1

and concurrence process implies that Esmeer 1 waers any final State deciaien will follow ~not Stars IstrWe hres vus Deusnessasamnes I thtak this consideration is an as,propriate i

precede-a full presentation of-teclud=

Puae==a opening to any discussion or energy develop.

}

cal, engineering and environmental in.

(By Oor anks On itage===)

meat. Whatever course the developament of nuclear energy takes. the ts-. _ m _

formation mannekted with the-project.

'the courus and direction at this lentson's storage, and daara==1 or nuclear anatorials 1

'I13e pr9 cess guarantess that State wil! future deva'ar===* is gotag to to shaped

""***d

• • 'I"'

have the hanant of factual data onJFhicit,by the energy poucy decisions mada during at our tim.

to base their decision.

the anst severna =aa*ma might now we hace the opportualty to addnes the situatica It is emantial that we address transporta-Second, the authority to say no" al mermastsety and to maae dad =*a==nesed on tson, storage. and di ra==' of reasonctive i

lows States to negotiate with the Federa! Ithe test naformataan swallahie to us-or we.

wasten as a stagle issue. Unante storage with d

Ooverntnant from a position of strength./ ena anow statasues to make the d==a=ia.

este transportation is unacceptable. as is Many States Inay have este speelser for us. and wait so. tons that there are no ante storage arithout an assnessee, west.a.

i characteristics to which Federal eScials poucy andana== left.

manood esort to develop or toenes suitable have been insensitive. Per theen, a veto A rectow at this 18atloat energy attuatica disposal attee. This is an area where the l

power may prove essential in nafaHa'.

Is frtshtentag. Our energy supplies have teen guarantees have to be up front and clear.

1 igag proper alte standards and equitF outstripped by demand. "Its ownerehsp or a aos atmpty implied through honow pronuses.

manierity or our energy resourass are in the The State of leevada recently had an op-ananpennattan Inessures.

hands of a few corporate stants. Putdie rs. portunity to venture tato this Sold ta rettew I am retisided of former governor acts a against appenet vertsent integresana and anatyens of t:ne enmonsmental state.

4' Mike O'Canaf an of Nevada who en-la the proeuctica and distrinuttaa at petro-ment regaretag management or commercial h

dormed consideration of his M as a lousa products is developtag. "Ete est and high-levet and transuranium rassionettve 1

waste storaSe Mte but went on to say: natural gas industry hee surpassed owner. Westem. I would like to highught sente of the

,,.. -, =

n------,-,-,,-,--lL,

-- n v.

-,a-.

-_.,.,,--_--n- - - - - - - - - - - - - -..

i l

i i

July 16,1979 CONGRESSIONAL RECORD-SENATE S 9495 areas that our expertence indicated need im= - complet toeces raised try nuclear develop = mt:st be given the power to voto spectSo site mama ** clartScoticon or reform.

. ment should be a mihhmunn of six months. locatione, or to ternunate further considera=

There must be en tmmaMau ram.amtaa.

Hearings in these matters must voluntartly tson of the State as a otte for such a faculty.

tino of federal-state interecuon regarding be located near or in those areas that are I Srmly bal&ove that the veto pawer le es=

regulauon and control of nuclear develop = going to be directly maected.

senual.

ment. With the exception of the 11cenalng 1 mm plemand the ABC hearing has been 1st me cite some speciac instances based and control of a few tow. lent storage facttt.

conunued with a saanton in Salt take City. on Nevada's review of the proposal to locate ties, ttne Seid has been preempted by the :1ut how the Aac justined the initial plan a storage faciuty in this 8 tate.

federal govermnant, for obvious ramanna of hMdtne a hearing regarding the Statae

! endorsed the 2nding that Noveda should The hasards posed by the transportation of Washington. Idaho, and Nevada only in continue to be <xrnsidered as a alte for waste storage, and disposal of nuclear materials Germantown. Maryland, la beyond me. The storage if aar cooling to mit1=ad; rail tranea are such that local realdents want and a:e geographic locale of the hearing place itseir portauon avoiding population contare, la sattued to the cuntrol of such activittee, tended to curb -nments that the ABC was estab11abedi state and local author 1ues are by Mborttlea based more closely to home, seeking. I am certain that AEC reprenons. allowed to cooperate in and contribute to a

• .surance coming from a federal govern. atives in Nevada. New Mexico, Caufornia, site.epec1Ao environmental Impact stata.

r+nt which spany feet la unresprmette to Weahlagton, and Idaho would base been very menta adequate radiation safeguards for storsgo and transportation can be developed local feedback te not going to convince the wiuing to host the hanH nge,

and will be tmplementedi and. Snally, if American publ14 that a perucular propoen!

Once a nuclear energy facility proposal la safe. I believe the ABC noir recognisse thae is released, tbo oponsoring agency must hold hearings are held throughout Nevada.

problam, heartnes in the population conterm of the However. If it were dadded the Nevada State government must be invotred in uses involved. PnD11e expla a***an informa. Test Blte should be used, but a water-cooled decialana regarding the development of nu.

taen and diantnaere amat be aggreestgely system were proposed. I would withdraw any clear prog tmo and proposale. Without the puncticed prtor to the daan a far puhus endorsement. Diverting the quan tJ ty of n

involvement and subsequent support in commaat. Holdings hearings after the time water required to cool the nuclear wee *.mo those cases where 1kte appropriate, this No. for pubuo anmmant has passed, or prior to from other uses in an arid where every drop tion'a nuclear eEcrt wiu Sounder.

the atte-spec 134 stattmant, is beside the of water le valuable and with the increased Transportation of weste materiale must point.

probabt!!ty of supply disruptions with Ste st.

be closely regulated with resa cooperauon After a spect$c location le ehnamn. state tandante dangere. Le a couros of action that between federal., state, and local govern. and local government must be involved in we would have to Aght with every legal and

ment, preparataca and development of the ette. polittaal tool at our dispoenL

• ! tere are questions which must be an. opec 1Ac environmanta4 impact statesnant. As Or,!! the prnpanad tratapo1stion method swered at the outset. Questione auch est th1e potat, preparattom of such a statsenent included a rau-to-truck transfer, te rau What tvpes of transportation wiu be utt. by a federna agency without state and loon 1 transportation that intersected a populated area. I would oppose the plan. QJven the Limited road systeen in this State, tbo in. '

11aed? Who viu own and inspect the trano. Input le omaam Pactwo such es soil portation facilities? How wiu routes and eF*a8"' local Sora and fauna, and metero.

times of transit be achad" fad? What special hgical. bydrological, and sehmaa.tema pag. crease in accident probabuity in transferring training will drivere or engineere transport. terne are particularly within the experttee fro's rag to troca le too groes to snow ep.

Ing the products be required to take? And, of state and leen&-. cot federst-egencles, proval of truct transportatloa. L1howtas, tall nust importanuy, Haw do we insure the Purthermore, au construction abou14 be transportataan through metropoutan Ida enforcement of thnam rules and regulatinna subject to Ma-** by an appropriate state Vegas would be unacceptable.

which are adopted?

agency. There ames be a guarantes -end g Should intcrmattssa come to light indicat.

emphastes guns construct 1om ocy.

Ing that the radiat1= safeguartis were going Transportattom of radna=attee materiale through 1molased areas with Hamited road respond to the tarhaical spectScataons. Joint to be inadequate, that Price-Anderson was Inspection is the best eingle way to accace. not going to be extended. that loemt pertie.

fact 11tana, and through high-density popula.

1petion wee to be foregone, that the wasses uan arena, present probanne that amos be. pitch that objective.

After construction te completed, off.elte were to be stored in 11guld form, or other addressed now.

"I *P* **I*" N

• • • • I"***

fn the event of an arrMaat. who P"7'?

expertence of Washinaton and c'olorado at that are necessary to protect humanity and State government cannot eSord the mono" Hanfor11 and Rocky Plate, rompecuvely, in.- anytrnnment 14evada must have recourse to Ndal costs that could stem from a W dth that there la a need for outside man. an expedittous method of termtriating plan.

active cleanup operstion. ft to oesential that 1 toms. State monitos'ing could wmwith tung involving lud within the boundartes the Price-Anderson Act be essended and eximung or penpnand federal mongq of this State.

constderation be gtven to applytng it to all within the juttadiction, if actual participe.

'Ibe State must have authorny to veto Aons inw1 Ting the use cr transport

• tion in the monitoring procese la authortmed, the une of storage and transportation fa.

Mon # radioact1M matetals.

Otherwtee, a esparate state monitoring fac. cilities or other items that may amount to evaTo-rtstaat cocPcEATION 3rurmaa=T 111ty would be a necesulty, a poca use of state resources or represent a The lack of meaningful cooperatinn be.

A basto questlom in the area of state in, reek threat to the health, welfare, and eatety tween federal and state governmant was in.

volwman* 1a funding. The deselopment, coa. of state residents. Without this power, I etruction. regulation, and monttarlag og would never agree to, voluntary locattom of d1cated by the AEC's waate storage propoenL Instead of having participated in the de.

waste and disposal f ac111ttee ls one nrea wbare a facility within this State. Without state velopment of that propoest. or even having the federal government should une the pre. ocoperation, the federal government would been suppl 2ed with detailed information caede from mch factitues to Tund state par. hare to force-feed the propenal, a method tielpation. 'Ibo state or States that become none of us abould annsidee.

prior to the release of the draft statement, Nevada was confronted with a 45-day period eterage or disposet attee wiu be pioridlag a What assurance does a State that accom.

within which to evaluate a 600-page pro. ser tes towthe enttro Nauca.They abound not modates a stomage faciuty have that a par.

be road to accept a long-teren econcordo * ** *"t d "P-1 otte wiu be developed in pasal that could have an overwhelming emo-o.an of aneuring the safety ofiteresidents the time indicated by the AEC in the en.

tional and econotr.to impact en this State, I bad 48 days in which to form a committaa Dom any danger maandated with the faculty. vironmental statementi Before a retrievable C*o 880rtge faculty is located in any to review the pmpoont, to 'sollett recom.

An of these conditions, and the necessary M.'an independent group should under.

mendat1 Jus from that comLdttee, and to rules and regulauone pertaintng to them, svaluate those recomma$t1Jc.S and trans* meet be set forth in a forenal, Wrttten agree. take 4 techniosa analysis of the status of mit comments. We were given 48 days to Inant. Informal agrmmaets or understand. permament mapa==t syrtems. If that tech.

etatuate a dbcument that had takes several LDgs are not enougth Pamelbie changue in fed, aW eurny failed to support the pr@oni.

tion that a suitable disposal faculty can be eral or state gegernment leaderahlp, or Fears to prepare, changes In polley or attitudes, make lnformal developed with present teetmningy, I would State and local governmant must be an.

en location of a control storage agreement or understandings impractical.

thortred to partictpate on a co-equal basts A chief executive of a State who bows to in developing, regulating, and monitoring s ue

• e e te disposal nuclear storage fac111ttee within individual development of a nue! ear eteroge fact!!ty ' Inuns e addromd new by an parues if ther jurisdictione. The day of allowing the fed, without demandtng and insuring that an meat of nuclear emergy is going to aral government to present us with an tm.

underneamunge are writosa would do a fio.

in a manner thrt ascrds protection posed dociaton la gone. AD federsi agencies servion to his State. Es has a right to the h o WW interest. a trust thans Smarks pianning non-m111tary nuclear pro;ecte ' knowledes that citizeria c,f hle State have hin wtuch abould now be required by 1sw to adttee the been maorded opportunity for fun and open tae InsM quamena concerning the trane.

State or States invotted of the pmposed discussion of the propaesi through extensive Pa1 f lear projoet. State feedbach in the docteten. pubito hearings throtaghout his State. In d

magi'*d-maetn, precame should be sought. mute wtB Nevada each a pra==== would require at least ct least adttee both parties of wetat to pm.

10 euch hearings.

Mr. HART. Mr. President. I could not grars vero rowns r=== mins.

agree more with the Senator from South pare rer..

In addition, the chief esecuttw of the Dakota that the preeminent. acamtal gg In addition. the time period for formal comunent on federal proposals involving the State where auch farnitwa are to be loested the evolution of this countrTs namdems"

S 9496 CONGRESSIONAL RECORD-SENATE July 18,1979 power industry is tha. failure on the part was the best place, far taperior to any be allowed b participate in the deter-of that industry, Ocvemment agencies, other site in this country, for waste dis-mination of whether* nuclear wastes are and others to resolve the issue of the posal and yet that site cannat be uti-to be depohlted and stored within their disposal of nuclear wastes produced by 11 red because the State decided it did not boundaries, or whether the FTderal Gov-that program, want those wastes deposited in tl.at ernment should have sole power to make But, Mr. President I must oppose the State even though the citizens of that that determination for them. I believe amendment ofered by thehtor from State may have received direct benects that the States have a legitimate inter-South Dakota, because I think it is pre-fro:n the nuclear reactor. That kind of est in this quesuon. 'Ihat ought to be mature and inappropriate. Congress is stand, I believe, is unf air and unjust to recognized by the law' Energy presently considering. and I think even all the citizens of this country.

I am aware of Secretary more quickly than the adrninhtration, I completely agree with the Senator Schlesinger's announcement that no the irzue of long-term disposal of nu-from South Dakota that the States waste is to be buried wi.thout the ap-clear wastes. To take a step such as the should participate in the decisions. But preal of e suNect State s gournment.

otep which the 8ecaine from South these are not decisions that the States I has n as Dakota proposes today-providing an should unilaterany make. 'Ibey win af.

' M gp*provgg g

g absolute veto to each 8 tate-would in feet the 111ee of citizens throughout this consistency at DOE being in as short my judgment seriously cripple and country. Nor can we take these Mef amns supply as gas these days, who knows hw hinder those deliberations in a variety exclusively unto ourselves. The States long that policy might continue to be of ways.

should be involved, and there should be IOU"80 What is needed. Mr. President, is a mwhankma to guarantee that Gover.

A number of States have enacted leg-comprehensive nuclear waste manage-nors, State legislators, and citizens of Lalation purpcrting to give themseine ment program, and we have only begun the States alike are equsHy involved.

some control me!' either the storage w to develop such a program both in Con-But to guarantee a cat veto to the gress and in the executive branch. A States in these circumstances. goes well transportation of nucim wastes within procedural decision of the sort we are beyond involving the States in the dim. their borders. Mr. President. I sat unan-t'eing called on to make today would cult dermme. It gives them the power 1mous consent that a list of those States seriously preclude a variety of options of ultimate dectaion over what should be be printed in the Rscoan at this point.

There being no objection. the infor-open to us. I believe one of the most done with these wastes.

serious waste problems that our society Fually. Mr. President. I think we have mation was ordered to be printed in the faces or any society has ever faced, is to ennMer the situation where perhaps RscosA as follows

• what to do alth the highly toxic, highly a sits on Pederal property, turns out to evavn Lawe Arruerneo eroaaos on Tame =

radioactive waste produced by the nu. be the best place to locate the disposag Poevarns or Nuc.saa Warrza clear energy program. It is of the ut-of nuc! ar wastes. As the Senator from alaaka-6-4s-A general amendatory bin most consequence to ourselves, to our South Dakota well knows, many States, relating to rsalauon control in the Depart.

ment or Health and social services Adds children, to their children, and to every particularly in the West, are public land

• • • • • • • " 8*** 8I""8 * * "**

future generation.

States, that. Is to say there are vast. " " * * "

We. along with the best technical areas in those States. in some cases more ear ru tacmty t to minds of the country. are exploring the than a majority of the acreage in the raciuty, reproe==1ne racinty, or nuclear varieties of technologies available to un State, owned'by the Federal Govern. waste disposal facinty in the state unless a to dispose of this waste. 'It offer each ment.Would the amendment of the Gen-permit ts obtained from the Department or State m the Unica the opt!" of pre-ator from South Dakota deny the Fed. Environniental en-vation. No permit eluding the disposal of that waste in eral Government the right to use those can be tasud unius the legislature. local

. hat 8 tate. regardless of the geology, the lands for the disposal of these wastes? sownment and somnoe han apprmed physical environment. or the opportun1 Mr. President. these are very serious "$7dDs a 15 a

the State ties available in any State would I thtnt and important issues. I could not agree code to require mat the mate Depart -

seriously hamper the search for a final more with the purpose and motive of the ment of health issue regulations and pen.

solution.

Senator from South Dakota in trying to mits gonrning the transport, h a ndu no, This is a national problem. Mr. Pres!. facilitate and accelerate the pace at processing, storego or disposal or hasardoi a dent, and it requires a national sol:. which this decision is made. It must be wastes. (algned by governor e-22-74 tion. It cannot be solved by 50 individual made. These wastes are accumulating.

coloradW4-Memoriaums the US.

States making their own determina. It is stimated that in the next 10 years congress, the president and znDA to n.

tions as to whether they are willing or or so they will quadruple in vclume.They ciude colorado from consideration as a po-

• • • "*1'"* I*'

• EI8D'I"*A**#1**#U " ' ****

not willing to accept this waste.

obviously will increase in toxicity and Practjeally everyone h this cot:ntry, in danger.

QR.12t-m huse yMu-W directly or indirectly, benefits from nu-Consequently In my judgment, and I uon requests the Delaware congrmatonal clear power-many directly by the elec. think on the part of many An our com-delegauon to support S. sist which gives the tricity they receive fran nuclear power. mittee. we feel this is one of the most states veto power one waste repositories.

plantr, in their States many Indirectly important issues that this Congrees and (4-14-78) because of the energy that those planta future Congresses and the country will Hawati-8a-63.-Expresses concern ont free for use elsewhere.

have to face. In comparison to other the preposed disposal ot r*dinactive wastes ta men fro *c"u'on" Decause of that. Mr. President. I think dangers, the consequences could not be g, ques th It would be very unwise public polley to morelong lasting.

Agency to hatt any plans for undersea dis-permit s 8 tate to take ndvantage. directly I would hope that the Senator from posal unta their safety is pronn beyond or indirectly, of the benefite of nuclear South Dakota and other Senators would any shadow of doubt "* (44-7e)

Id ' ' " " 1L-Prob 1 bite the use or power. and at the same time turn its back withhold a decision on this matter, a de-salt a"' men in tontaiann es temporary or per.

on the consequences and the costs. *nte cision that well could tilt the equation

• • • • * * "18D **1 '"** # ' **di ** "" **'***'

costs are serious in terms of public in the wrong direction and deny us the

1. *D*

health and safety and they are serious very solutions that I think the Senator " * *

• tNa7ur in terms of straight===to and fiscal from South Dakota and many other Sen-tho De r

impact. I do not think it behooves any stors wish to have.

suitablitty testing of salt domes and subse-8 ate la e Unlon to Me aban@

I reserve the remaMder of my time quent utinctuon or ruults of the studiu so they can

• determine the advtaabinty of of the benefits of nuclear power, which g

I have indicated that every State. in removing. continung, or utending the pro-me 5 minutes?

hibitions and.imitauons? CT4-7t) one way or another, has, and then decide it does not want to participate in pay.

Mr. McOOVERN. I yield.

ut,Mran-a-144.-etates 'that -nadioac-Mr. COCHRAN. Mr. President. I am tin waste may not be deposited or stored in Ing the price.

I repeat, this is a national problem. pleased to rise in support of the amend-this state.- The ban does not appir to:

and the solution requires a precise bal. ment by my distinguished colleague from facinues at educauonal insutuuona. spent c ear po r pian g ance of national and State interesta. South Dakota.

$';"8,' Q1s_

suppose our society were to decide that Essentially, the issue involved in this state wwi uses or radioscun material.

a particular site in a particular State am*Mment is whether the States should temporary storage or icw. lent waste for

.. -. ~ _ _.

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July 16,1979.

CONGRESSIONAL RECORD-SENATE S 9497 i

,e, m,re,na, moame or me _.,

o e 9.ue g -.* s t.

.- ont.. hat mi.

waste whica was betag stared basere January dBannees gematag the teasportauen of asnendment provides.'

l 197o.(6-16-ts 8*enenets,e weste ansertais:

De people have a right. Mr. Prostdent, t'Minnesote--M-1218-Prohlhtte the eaa. 'New Leados. Commestleut-spent font to have a direct voice in this lesue. De f'

isrucuon or opernuon or a "raelometase waste shipments hammed.

Question of nuclear waste storage is too I

manneement fact 11ty" within Minnesota us.

Beamt. Florles-Au reelomettu shipments l

tens eutaartame wy the 1ssisisturm (June through '

sensitive, too fraught with uncertainties Chleneo.

eartched armatum and risks, to be left solely up to bureau.

g-se4-Prohibits the dispoent and plutoalust kannot from O' Baro airport. crats and scientists. I do not believe they

)

l ta Montana of tarse amounts of reatomettvo Wlealta, ramano-mouang around esty are the sole apositories of wisdosn m.

materiate produces la other states. (March ne people who 119e around these i

I

21. totn Plymouth. Mammehusette--Au shipmenu selected attes and the generations that wow uestco-N-toe aso, eco and 527-No l'aaaad follow them are the ones who will have i

person can store or dispens.ot redtoncstw wenden, ta===aausetto-osrtata ehtp-to live with the rightners or w2Waaa weste until the state has concurred la the monts banned.

i creation of the d'aramai facility. Creates a Carteret. New Jersey-weste ehtyments of any decisiCal made. It is only fair that

{

radioactive coneunetson tant force to negott. banned, h right to paruciapte in decision.

• '*[ tag so *rd

,g a,

e d.,

men tha e Senator from South Dako.

et dispoema raeustaan for hash. low and trea.

susona counsy Slow Yort-prior nouse ta for yielding.

aurto wesee. creates a josas taterta testnia-requires.

Mr. McOOVERN. I thar* the Senator ge uve casamitsee to make -aadanaam on menetwood, meoklyn, suels& Iakoneed. for his remarks.

I the eensuleauen sad ee.--.

procean. tanysend vmage, olmstead Faus man==a='

The PRESIDING OFFICER Mr.

inesuetas prosseures, motheen and tunes to Essghts, shaker manghe and aeoth ansand.

j the nest emesson of the lesialasure.The essa. Ohio =4 peat feat shapmesm haanad EErf.IN). He hnatM from Wyoming.

Mr. TEEURMOND. Will the Senator mattee se to onesider the appinenbuity at Mr. COCERAN. Sertous quesuons yield?

,,", g,

• • • 7,,4 N " d* exist as to whether the yhderal statutes Mr. EIMPSON. Yes, I yield.

P*

,g

( Aprts s.19791.

and r=ynta**aam governing nuclear waste Mr. THURMOND. Mr. President. I North Dakota-a.stes-mans the dispoemt managesnent preempt State laws in would like to exprese my opposition to et redsoncute waste whien has been brought these areas.' OAO has reesetty es. the amendment to 8. 532, the N'xlear into the state ror taas purpose in North prammed its opinion that Congr=amiamat Regulatory Cammianicen authorization Dakota untems prtar aperovat smntes by leg

• action is necessary to authertse state bill, offered by my colleague frosn South l

talature, march a, te7M participation in this issue area. I believe Dakota. His amendment would give each

,.,"*,ttImaur,tal wesee that we shoukt give the States expresa State an shootute veto over the siting of I

disposal attes within the state. The provlog, authority to participate in the deoiston* a nuclear waste repository within its ban would have espired Jentnery 1.1MS.

making process and thereby help settle boundaries. There is language in this the of preemption.

amendment of which I approve, regard.

(July 27.1rtv) 1 South Dakoto-E-ett-mans the cena Mr.

the Federal Govern-ing the antahlishment of a task force of a

'a2n=ent dura =5 or desamts or hieh4evet ment has been aware of the problem of ybderal. State. and local ofilcials and re-nucient wassen, radionetave enha*=- a' muitaruy produced nuclear waste star-radioacstvely conta=iameed materians or the age for eser 30 years, and for over 3S' garding the objective of State concur.

h18h rence; however, ttle bottom line of the P, E M,',',,w j',",,","

years the Federal Government has besus MoOovern proposal is that the Federal g

sramted by the testaaseure, smempen urentumn trying to solve the problem of anmmer. Government cannot proceed with any are and ant 'antaga reous the provtssoas et cially produced wastes. Iast year, a DOE project for storage and disposal of nu.

4 the not. (April to. terr) report stated that it would probably be clear waste materials tmless the repos1=

Utah-RJn-la nsamortaatsse the premie anywhere from 1988 to 1993 before tory State has detemined that its objec-dent. UA. Caesress and EnDa ".to i==ad*=

permanent soluticos to-these probletas Mons. if any, have bedst resolved.

ately tame au=====any actions.. to seesuy could be found. In my view, this tm-Mr. President. I strongly sympathize fund and in.plement a prouveta to insure certainty and difBeulty undertoore the with the basic objective of the McGovern naman=hteness of the amendment we amendment. I firmly believe that the role ct atoneuve ta a ta e now vitro chemient company plant....- (Jann.' are considering.

of State and local nMteints in decisions ary 2s.1sts)

The Federal Government has been of this type must be formalized by legis.

Vermont-N-261-Bane the construction searching for stable geologic forma *inne lation and signif!cantly strengthened, or utablishment of a hiahaevet radioactive thattare suitable for nuclear waste stor= Public acceptance of and conSdence in waste repoeltory within vermont unless the age in more than 40 Statec. I have been such waste facilities can never be i

Oeneral Assembly approves it, throush either following diesely NRC studies of prD= achieved in the absence of an open de.

• D$I "g,$

% ' N ^[ I M " taws posed storage sites in saltdosne forma-cisianmakian process involving Federal.

sovernina the transportatson of radsa=ettre tions in south 18tamiaalppt. A recent In-State, and local governments. I do not, i

waste materiais:

teragency Review Group mport on Nu. however, support giving to each State an Arkaname--Advanos not1Scatico; regula. clear Weste Management in March, absolute voto over the siting of nuclear j

tery authartty.

however. Indicates ttnat sal *damaa are waste facilities because I do not believe cantorn!*-rerinit required.

far from perfect as waste sites. I believe that the ultimate choice should rest with connectseut-rermit required.

ene statement in the report best suan-the States alone. Nuclear waste storage yan _ advance aa*iaa=Han taariSes why I support this menandman* is clearly a matter of national concern.

~1 story authat' In the discussiott of potential repository The final decision with regard to the

"*!"3*E uthodrs-levdweste attes, after stating that.we de have the locatica of nuclear waste repositories go. 7 -

and shipment mana'.e technologyteidentifypotentialsites"for should rest at the 7bderal level after Marvtane-aned and permit required, flarther investigation." the report goes extensive, formal participation by State 3

Mammashusetto-No travet passisted os on to sayt and Iccal ofBefals. My concern is that Maasnehusette Turnptite.

neueros an earservansve maca==tng pree-giving such power to State ofBcials alone Mtanamoto-Advance nottflentles.

tiens and multiple independent terrises can could result in an exercise of that power New ^

._.- '-" y authority.tasarance reduas scene rists and compensate for some reclutremsats.

uncertatatsas. Bowever, even at the time of 8 FTI-The IRO report armashny goeann.

New Jeresy-persatt resistred.

.a

--s==ianlaf some uncertalaty about to.

mends against " state voto.* oharactertesag New -- -

P 7 authertty, toute posttery performaase win seen aussa. 'I1gua, is as counser to a assired "ceestag <maangue I

restrteticam.

la additsen *a machat=1 ovaluntson. a soetetas nas coopermesse relaticadhty totwout 12 e New fore. ~ -

-, sethertty, judgment that oomsedere the levet of riet feet at sovermnant State autherttles." The North Carottne-Advance motses of ship = and the assoclased uncertasasy wet be ass. IBO report supports "censultatica and coa.

mente of opsat fuel.

r Oregoe-advanes mottoostion.

ensary.(p.49) eurtenes" "Under this approach the State ogestively has a contiaulag abutty to parti.

Rt. oste Island-Permit required.

To repost."a societal judgment * *

• espace sa activesses at au paants throushous l

Vermont-Advance not1 Scot $oa, the course of the settvitt end. If it daema l

Ytr""'-

M-W.s not1Scottoa sad Inca.

8 Preemption rests upon atte supeemacy appropriate, to prevent the continuance et 1% sting.

Cleanse sg the Censutualen: art. VI. W. S.

798Aret 8857895. (P. s0I

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S 9498 CONGRESSIONAL RECORD-SENATE July fe,1979 In a manner contrary to our best ns. We have no less than four Merent ap-sealarical depository. salt. At this point, i

tional Interests because of the tremen-pramehan which were presented for our it is contemplated that if everything is dous political pressures involved.

consideration just this day. I believe feasible, they would deposit low-level Mr. President, there are very few is-there are several sources of information transuranic military waste. For my dis-suas of greater concern to my cons.itu-whit should be considered before a cussion here, so everyone will under-t ents in South Carolina than the appro-credible approach is decided upon.

stand, those on committees know of that l

priate resolution of this Nation's nuclear First, the NRC's Of5ce of State Pro. project as WIPP-waste isolation pilot traste problems. My State is presently grams held workshops and received ex-project.

=

the Nation's principal storage center for tensive enmments from the States on the Five years ago or so, the military au-nuclear wasta. Approximately one-third role they should play. A final report has thorising committees of both the House i

of all blah-level waste and one-half of been issued but needs to'be carefully and the Senate started this proposal to j

all low-level waste material are pres. examinad by us.

do this evaluating.

ently being stored within South Caro.

Second, we have not yet received the Mr. President, I want to say, first, that 3

administration's comments on State par. Senator McGovsRWs apprnarh in this 4

lina's bordesa, De people of my State are very con-ticipation.*Ihe Preeldent is in the process Senator's opinian is an aveallant ap-cerned about this situatlan %ey resent of reviewing the report of the inter. proach. It has some things in it that I the lack of input which they have had agency review group on nuclear spete believe justify our putting it over, but in decisions to place such weste there management,and he andwe should have I do not believe it ought to be cimaidered to be this universal State veto that people and feel that South Carollas has done thoes uncammandatiana soon.

far more than most States to further' Pinally, the National Governors Asso. are talking about because, as a matter W our Nation's nuclear energy program. clation, which represents the concerns of fact. I believe if we went through his 1

While I share their feelings and concern. of the States, has not yet had an op. process and failed. Congress always has the inherent authority to come along and I rammin Arm in my ballef that the de-portunity to make its recommendations.

4 cision on the siting of nuclear waste I feet the question of State participa. say, "Well, in the national interest, we repositories should not be aammitted to tion should be considered as part of cons. must do it." In that context, It is a good the States alone, presenstvewasta1arial**lan as does Sen. consultative process.

007. Richard Riley of our State, stor Tavessosrs. and it should be the sub.

However. I do believe that with three who has continually expressed bla con. ject of thosough hearings before a Anal committese hearing various bills. Includ-cerns about the role of the States in deeldon is reached ing one in the Energy Committee, Senate nuclear power daciaid -mnhing and As I stated estilar. Mr. President, the b1Il g85 which will also consider Senator I

about the large amount of nuclear waste Comuntttee on Environment and Public McGovusar's bill and the Domenici bill i

already stored in our Statei does net Works, of wtuch Mr. Haar and I ar, which I am going to explain.in a man 1*nt to be just slightly ditferent from his, but favor an absolute State veto in this 2e.. memhare, will be considering such legis. enough diferent to aatahnah an excellent 4

gard and has so stated to the mamhasa lation during this== dan of rengrees. I working arrangement with our States. I of the South Carolina legislativa dale. assure the manata that I as elRing to think that, in light of that, we ought to

=

l gation.

make a commitment now to my col.

put his amandmant owr recaqmMne Finally, I would like to point out that leagues that I shall de everything in my that he has come closer than anyone in i

extensive hearings will be held later this power to report comprehenalve weste his approach to pelding tre oppor.

month in both the Government A#alva legislation. inehviing s provision on 8 tate tunity for consultation with the States Committee and the Energy and Naturat participatien, during this sendon of without denying the National Govern.

Renources Committee on the very tesues Congress, ment its nauonalinterest..

which are now being discussed. I would. I make that commitment. If that la Now, so that everyone will know that.

1 urge my coIIeagues to vote against the not na==ihia I shall work diligently to mine is a real situation. I want every.

j McGovern amendment at this time and see that sparine legislatten is reported one in this mamber, manatars who are to let the legislative process taka its oss manna conearrance this seesteen, be, concerned and Senators who understand 4

course. I believe that we should have the cause this amandmant ofered by manata,, commitments of the National Govern-benefit of the testimony prteented at McGovuest raises several real concerns ment to States and to delegations--

l these hearings and careful considers-in my mhys Sanata's and Representatives--to know i

tion of the issue by thman cammittees.

First, the proposal estahMaham a rather that we han in New Mexico a altunuon j

rather than precipitously attaching an cumberoeme process for resolving dlSer-where, since February of 1973, the Secre-amendment of this nature to the Nu-eneesbetweenFederalandStateedichls, tary of Energy openly and publicly said I

clear Regulatory Comminafon authorian-namnd haranas the structure for State to the delegation. to Senators and the i

tion bill.

participamen in the process is ao de8ni-j Mr. SIMPSON. Mr. Praaidant. I ad-uvely outuned. It provides absolutely rs tate,Qo#

o u will w th righ to mire the Senator from South Dakota for discretion at all to work out arrangs-his long commitment to this issue. I rise mente en a State-by-State bests in order hI'

"(y"our P

+

te was to oppose the amendment. State partici-that unique situations can be addressed...Ihen me Assistant Secrehrks pation in the permanent storage and Third these is no Seuibility in the means testified before two committees here and dfsposal of nuclear waste is an issue that for concurrence. 'Ibe only optica le an again repeated publicly. "We are analys-will Mrtly be canddared by three Sea.absointe State voto,regardlessof whethe? ing what our Governors and what the 1

ste em tees-the Committee an En-it is reeBy in the best interest of hat form think h an approprhee con-the State er the Federal Government'at sultaden approach"- and T1F0""*nt and Public Works. the Can.

For these ressens. I r====and th consultaden, say they, not vete but mittee on Energy and Natural Resources.

and the Governmental Affaire Conunit-the====d===*

be refected, nonetheimme a real opportunity to say tee. Each of these committees will be on.

Ireserve the reminds ='of my thee.

yes, yes, yes', and, I assume, at soule point

""ining comprehannive meimar waste Mr. DOMEIGCL W!!! the Senator to say no. When yeses stop being yeens, kglstation during the next 3 months. It from Wyoming Field S minutes to the consultation turns into no. I assume they l

Is certainly one of my most serious per-Senater frees New Mexico?

meant that. They said est.

sonal concerns with regard to the use of Mr. EDEP80N. Mr. Freeldent, I do In order to make sure that they live nuclear energy. I have stated that pub-y' eld each time.

up to it, the miutary authortsstion bill licly and I bellow that that is the issue Mr. DOMENICL Mr. President, while. out of this Senate, the Department of we mustaddress, every Senater here has scene idad of Energy National Security and Military t

One aspect, of course, of the weste esperience within his State with same Applications of Nuclear Energy Authort.

i i

question is the role States wtli play in Idad of nuelmar energy and somme activity sation Act of 1930-already aptroved

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the process. How the Statee should par-on the part of the national Govermnent here-recognises that. in the Swa of ticipate in this process is,indeed, a most with eference to nuclear energy, the New Mexico, thalogislature has passed a

• • "P *Hluestion.

Senator frean New Mexico has what I format for consultation, the creation of l

It is evident today that there are many understand to be the most sign 18 cant a profee61onal committee and a legisla-

)

3 1

differing opinions on the role of the State evaluation by the Federal Govermnent, tive policy group.

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and how that role abould be esercised, ongoing and in deptA of a potentist They are now sitting down negotist.

4 i

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._. _ _,._____.,_.__._ _..- _,. __,~

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l July IS,1979 CONGRESSIONAL R' ECORD-SENATE S 9499 ing-not on the site. I will distinguish Mr. McOOVERN. WD1 the Senator of these major problems in a State that it right here with my good friend *::r. yield on that point?

does not want to confirm we have ns.

McGovsaw) in his approach. The> sre Mr. DOMENECI. Yes, on the Senator's tional override, but we will have an un-negotiating the process by which they time.

, adulterated political mess in a State will determine how they agree and dis-Mr. McOOVERN.Dat is Sne.

where we try to do this.

agree. We need to make sure, as this I hope the Renatm will underscore the So I think concurrence is what we military authorization bill did, that that fact that there is no such override in my ought to do, and we ought to do it and authority is kept intact, that commit. legislauen. It may be that some anat~ legitimina it both for the State nego-m ment is lived up to. If. at some point, they would offer such an amendment usung and the Federal agent negotiaung can agree or disagree, they will be agree.

However, I am sure the Senator arom with them; make it legitimate and vauri ing in advance or disagreeing, but in New Mexico would also agree that after for them to do that.

advance, how they will agree and how a couple of years of operation under the ht ta the approach I have in my i

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they will disagree. That is a very im-language of the amendment now pend-amenenent that is also pending, that I l

portant distinction.

ing,if it should pass, obviously the Con-will not call up in the event Senator Then the Congress will know that gress can always change the policy, if McGovsars amendment is tabled. I will and the President will know that, in ad. it sees fit. Anything we do can always not call C "p. I will leave it to one 1

vance, they are going to agree in the be changed.

of the f.nree committees.Ihave assurance i

following manner and, in that, provide I was tempted to say when Senator that h Energy rwmmittee will com-for disagreement,if any.

HasT was makingr his remarks here a plete hearings on Senate bill 685. the The ACTING PRESIDENT pro tem-while ago that if we have an absolute McGovern amendment, the Domenici pore. The Senator's time has expired.

turndown an across the board, on all 50 amendment, and report out a b11L a gen-Mr. SIMPSON I yield an additional States, and we were confronted with a eric waste hill.

3 minutes.

national emergency situation, the Con.

Other committees are also at various Mr. DOMENICI. I think that is ex. gress might wish to deal with that. But stages, and I think they win expedite it.

actly the process that the Governors og there is nothing in this biH that provides I think that is what we need to do.

the United States are going to end up for a congressional override.

But in c1caing, since I am going to saying they want. We do not have to talg We simply do have a constitutional support a tabling of this,I unnt it under-about whether the national interest la system under which that is always possi-stood by my fenow Senators that I be-paramount or not. We talk about that ble on any biH.

11 eve we are soms to have to face up to process being paramount. IAt them agree I thanir the Senator for yealding to me concurrence and do it in an understand-to agree anst to disagree and set up the and also for his generous remarks about able, organised mannar. We cannot give mech a*= If we find that no States the contents of my amendmant.

It and take it away in the same breath; s

can do that, we have ample opportunity Mr. DOMENICI. Mr. President, having We either give it or we <10 not. If we do to bring the issue back here.

said that,,I agree that the Senator has not want to, we ought to leave it up to Now, having said that, as I indicated, properly stated his bill, and I had already the National Oovernment, take our Senator McGovsars approach comes said his does not have that gun to the chanem= and, in my opinion, we will not close, except that in his he dictates that head of the manatar that we asked to get an "anything" h15.

through the chairman of h Nuclear consult. It is not in lais bill. '

I thank the mennenes. I yleid back the Regulatory Commtmainn they win force But I still say this concurrence pme-rurnalnder of my time.

the State to agree on the -- <- man of ess, to be distinguished from veto, this De ACTING PR*3IDENT pro tem-the Comminaian, which wiu bh the con-concurrence process is.in my opinion.the pore. Who ylelds time) suitor and the concurrer, keystone to a successful Nattanal State Mr.McOOVERN.Mr. President,Iyield j

I do not believe we ought to be that polley on nuclear disposal and nuclear myself 2 minutes, restrictive on our 8tates. My State, for waste. He keystene is the concurrence Mr. President, I want ter make three thstance. I believe has been the most and is the kind of authority, do we give quick points.

the States or TN =*^

Two arguments have been made I

progressive. They are not willing to say "yes" right now. They are not willing to

'Ibe ACTING PRESIDENT pro tem-assinst this legislation. One principal l

say "no" right now.

pon. 'Ibe time has expired that was fur-argument is that more hearings are '

ngy have set up by legislation a con-ther yielded.

needed.

Mr. SIMPSN,What is the time situs.

Mr. President, that is precisely the-sultive process which will end up agree.

tion. Mr. President?

argument we heard 2 years ago, back in ing or dingreeing on the modus ope-The ACTING PRESIDENT pro tem-July of 1977, against this proposal when randi for the Government to concur or pore. The opponents of the amendment I brought it up to a vote then, not concur. A very good approach, as I haw 7 minutes nmaining.

It was a different Senator floor man-understand it,in terms of what the Gov-Mr. DOMENICI. Mr. President I ask aging the bill, but it was the same argu-ernors would like, and of not having to t

ni us enneent I have 2 additional ment, that we need hearings.

do the following. which I really believe minutes and it be charged to neither Meanwhile. 2 years have passed. 4.000 is a mistake.

3 side.

I do not think we can say to the States,

'Ibe ACTING PRESIDENT pro tem pagesof publichearingshavebeenspread on the record on this issue in both the

,We want you to coricur, to agree. We pore. Is there objection?

House and the Senate.

want to be grown-up partners," and at Without objection it is so ordered.

I say very Jully to my col-the same time say "However, when you Mr. DOMENICI. Mr. President. I think leagues,I think the time has coene new to stop doing that, we'll have the authority the Members of the Senate know I am stand up and answer "yes" or "no" on j

to overrule you and override you."'Ibe deeply involved in this. I have talked on this question.

so-called nationalinterest override.

It for a couple of years. I would like to The second argument that was ra! sed I think that is a mistake, unless, we make the balance of my points, and if 2 years ago is that it was a straight out, want to hold it as an inherent power, anyone has any questions I will be pleased absolute veto proposal without adequate which we have anyway.

to answer them.

procedures for securtng concurrence.

Why say " States concur. States agree,-

I was saying. this is, inc%ed, the key-We have taken care of that.Even some "but do not forget we have an amend-stone, the cornerstone, to a real concur. of the critics have said here today, and ment here we are paamine that says-rence policy, ogpolicy of the type that is, my friend from New Mexico (Mr. Donss-and I am not saying this is Senator in this Senator's opinion, required or we wrer), that I have come ciceer than

)

McGovaars, but it is kind of pendina in are not going to get any Senator to ac-anyone else in working out procedures 1

the wings bere "When you fail to agree, cept it.

that are fair both to the States and the we have a national interest that will When we talk about this as a national national interest.

overrule and override you."

program, we seem to forget there are There is a procedure for achieving con-I think that does away with concur-roads in a State, that there are railroads currence, if that is reasonable, but it rence, and I do not believe that is what in a State, that there are safety precau-does involve some voice on the part of j

we ought to do to resolve the bill, tions required, and they will not get one the States.

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S 9500

, CONGRESSIONAL RECORD-SENATE July 16,1979 f

So I would hope, these arguments hav-Mr.DOMENICI.Mr.Prealdet.will the stor from Blinota. Just on humanttarian ing been addressed very carefully la this Senator yield?

grounds, not to press this par!!amentary i

1rgislation, that we would not have to Mr. ROBERT C. BYRD. I yteld, situation. -

go through the same concerns again that Mr. DOMENICI. So that in the Sen-Mr. PERCY. It is a pemzaalve appeal were expressed 2 years ago.

, stor's conaldertuon of soma agreement from a hmnant" to a hopeful humanist.

I do not see where this at all disturbs proposal he might understand the prob-Mr. McOOVERN. I have no objection the hearings that are planned by the tem I have. I ha6 e inannad for a long to the tabling motion tomorrow, other three committees on the wheie time to leave tomorrow at 2 o' clock in the Mr. PERCY. I am glad to accommo-question of the nuclear problem. But I afternoon. I had planned to miss 1 day. date my colleagues who are cosponsors think the time has come for the Senate to I knew what I would be mientaf, and I of the pending amendment and who are act on this matter that is so importang planned to mles t day.

not here tnnight It is just a matter of to our States.

As the Senator knows, this particular worktng it out. I have it.in the able

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Mr. ROBERT C. BYRD addressed the "mandmam* and any mandwats deal-hands of the diertnnuished majority Chair.

ing with ocacurrence or veto are vital to leader.

The ACTING PRmmENT pro tem. me. In my State, the most serious inves-Mr. ROBET.T C. BYRD. Before I yield pore. The Senator from West, Virsinta, tismung of a depos14 cry is takingslaos to the distinguished Senator from Colo-Mr. ROBERT C.BYRD. Mr. Preshtant right now.

redow who is the manager of the bin, to I ask unanimous consent to proceed fes I had hoped we would dispose of Sen. get his observations. if I correctly un-3 minutes without the time being stor McGovenar's aman

• nam

• 11.1% was derstand the distinguished Senator from charged.

tabled, we would be, naiahad. If not. I New 18arim (Mr. Douarter). he can- -

The APTING PpramENT pow tem-have a substitute or an a-dment and not be here on tomorrow after pore. Without objection. It is so orderet1. Iunderstand tha4 Senator PsacT has an. Mr. DOMENICL I cannot be here Mr. ROBERT C. BYRD. Mr. Presi-amendmentor some amami-tain that after 1:30. There is no way I can do that.

ident. I take the floor to ascertain what. Tem. Is that correct?

Mr. ROBERT C. BTED 'Ihis is a the prospects are, looking ahead. as we Mr. PERCY. Mr. Prealdent, if the die-friendly question, and the answer wul be have some other amendments to be ta-tinguished malerity leader win yield. It a friendly one. I will understand that.

I ken up and voted on, as went as Snah la mF intantian to move to table the Mc-If I werw to propose that the votes be Oosern ammadm*nt whenever debata bas put of until, any. 3 o' clock tomorrow.

peasage.

I have said to my annansues en ausser-been completed, and I have ao naamad what am I to assunse with respect to the.

ons occasiens this year that we weeld to manatar uggovenu.

hnatar from New Messes?

I to avo6d keeping the Renata beyond 6 ot The SeBator froeB IEinetB is paspared Mr. DOMENICL The Senator is to ae-6:30 on Manday nishts, barring esser-to vote wisha temorrow, at any tiana aume that, in a hananitarian spirit, I l

sencies. We have about reached the point I wHl not eSer the Percy-Olenn amend-ammat otgect.

where we need to make scene dar6=na==

ment to the present htH if the McGovern Mr. ROBERT C. BYRIA And friend-I understand that Mr. McGovaan amandnunt is tabled.

liness, 4

wants a vese on his amandmaat }emorw Mr. ROBERT C. BYRD.Mr.FreeHant.

Mr. DOsdRNICL And frtandlinema.

how anuch time remains an the amend-Mr. ROBERT C. EfRD. That takes row.

ment by Mr. McGovern?

. care of that matter. (Laughter.1 Mr.McGOVERN.Yes.

If the distinguished majority leaden "Ihe ACIING PREEDENT pro tem-I ask the distingulahed Monatar from I

will yield. I do not know what time we are pore. The Senator freen South Nue=

colorado what additional ame3dments j

coming in tomorrow. Has that been do. hea 8 minutes rammentag. The maanagar he Imows about.

cided as yet?

of theb411hestminutes.

Mr. HART.' I

t. hank the majority Mr. ROBERT C. BYRD. So withent 15 leader.

Mr. ROBERT C. BYRD. It has not. r Mr. McOOVERN. Will we be ha in the memdes the time wtR have expired, and For the purpose of scheduling la this morning?

the hatar can nake hk vimmanari asui very intricate matter. I inform the ma-Mr. ROBERT C. BYRD.Yes, we winbe there is no debate on that motion, which. Jority leader that therd la a time agree-ment for a I-hour amendment offered by

]

in in the morning.

Mr. McOOVERN. It would be mz Mr. McOOVERN. Mr. Prealdsat, wtB Senator KamtzDY and myself; 30 min-N hope that the vote would come the Arst tha Senator yield?

utes each on amendments which may be thing tomorrow morning, after whatever Mr. ROBERT C. BYRD. I yleM.

Offered by Senator Smwaman, by San-other business needs to be transacted.We Mr. McOOVERN 'Ihat, of couros, ator Cnacx, by Snatar MATscwasa.

have almost completed the allotted I frustrates the purpose of my request to and by Senator Dot.s.

4 hour4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> of debate on this amendmset, the majortty leader yesterday that we It la our understanding that each of I have also discussed this matter with not vote on my amendmaet today, those amendments can probably be re-Senator Dourner. who has a special in-Benn or eight Senators who are co-solved in much shorter time and prob-terest in it..and he raksed the possibilggy sponsors of this amandwmartt are gone. ably without votes..

that I

of a 9:30 vote tomorrow. I do not know So I.had hoped there would be neanhar The only other an'endments whether that meets with the leadership's a tabling motion nor an up and down might require votes are 'those in the i

schedule. If it does. I wouM naake a ry. vote on my amendmant until tosnorrow. naturv of a substitute to the McGovern quest that we vote at that thne.

I am willing to vote any tinae teenorrow, amam+= ant, by Senator Doatswrcr or Mr. ROBERT C. BYRD. I hope tg 3 from dawn untH dusk.

manatar PuncT and Senator Otszw.

Mr. ROBERT C. BYRD. What I am Mr. BOBERT C. BYRD. So I am to Senator wul nc$ maka the request. In saying is for the Raceaa, a s that those tuderstand that there would be objec-me explore this.

mananars who are not in tue the-tion to delaying any vote until after 1:30 I had hoped-and my hope namy not be achiavable because all Senaters hasw to Emy Badergtand that if thkiss tah their pJn. teamrrww?

be concerned. This viewpoint of maae nosmal course, under the rules. within Mr. DOMENICI. Delaying votes on might not accoenmodate Senatera. I had H> minutes. Mr. Puner could make his this amandment and any matters related motion to tsh?s. There would be as de. to it. The bill does not have to be fin.

hoped that we might be able to ututs, debate on the variot.a amandnannts and - bate on that motion, and the Senate lahed, and all the rest of those do not then, any, shout 3 o' clock tomorrow af. would then have to vote up or down on have to be considered. Just so this tasue l

ternoon vote on those amendmenta, the tabling matian or 30 out and he6ve is disposed of by 1:30 or tonight.

that vote in the morning. What I am Mr. ROBERT C. BYRD. It would be I

back.co-back. and on final peanage.

The ordy reason I make this suggestion saying is for the Escoas so that Sens-my suggestion to Senators, then, that is that some manarars will be out in the tors who are not here this evening w1H the Senate might complete its action 1

mcrning and will not be back untu abeug know there is no way that the leadership,today and stand in recess.

3 Nn. This may discoenmode other Sen. can postpone this vote on the prospec-Mr. President, are the e any orders atore. but this was about to be my sus, tive motion to table by Mr. Psacy, ex. for the recognitiosa of Senators?

gestion-not my request, but my sugges, cept by imantmaus consent.

The ACTING PRESIDENT pro tem-Mr. McOOVERN. I appeal to the San-pore. There are noem tion-just to see what we could get.

s

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July 16,1979 CONGRESSIONAL mRD-SENATE S9501 Mr. ROBmtT C. BTBD. I thank the Mk. HART. I weedd hope those would I did feel we shouM presarse 7 or 8 min-not take an honr.

utes to the osaars h=aanaa they did not Chatr' 8 enate would come in at, say, 9:30 The Mr. BOBERT C. BTRD. Se the Sena-get a chanaa to speak today.

or tes. Then, at 10 o' clock we would tor wants those to follow the taMhag Mr. PERCY. I have a aseand parlia-1 resume consideration of the bG1. Then medonF mentary inantry with regards to the the manatar's monon to table could be Mr. HART. Yes.

Percy-Olenn amendmant If the Dome-i voted on at that time,if we could reach Mr. TinaawfGCI. That is fine with me. naci amendment passes. will there be an that agr==mmt So the vote on the me-Mr. HART. H the motion fago, opportamity to present the Percy.Olenn l

tion to tacie would occur around 10 Mr. BOBERT C. BTED. E the motion amemiment and have a vote occur on i

o clock.

faits.

that amendment?

Mr. DOMENICI. I hardly ever find Mr. PERCT. If the mot!.an fa11s. would Mr. DOMEFICL I say to aammine

}

myself in this paattion. I did not teu the it be undaratoed then the Percy-Olenn Psact he knows I have no intention of j

Ranatar the whole truth.

amandmant would be the neza pending datus anything here tonight that W1R Ihave to be out from 10 to10:34 in the onder of business and would base an damy hha that. But in the.egent my i

mnrning with respect to a synthetic faut bour, each hour equaDy divided, and amendmme passes I emmt manne the blu. Aanakar RAssetra and I hsee agreed would be foBeued by the namannet monater that I wouki not ohjeet to his i

to teattfy before Senator Bazoorr's com-

===ndm=nty amand===it. A part of it obvennsk be-mittee at 10 o' clock in the ascratng.

Mr. DOMEIGCI. No. I think we had lansa here hamn=a he !s i=nnwnt in Mr. BOBERT C. BYHD. 'Ihe Senate agreed to reserve.

that he wants an override and mine wiu go out this ovatas and eeursue in Mr.PERCT.Who agreedP does not provide for one. I ca-t deny the mnrntng at 14 and resume action on Mr. nnumurr r We were dimensalag hha a vees on that. But as far as his the pending htR at 10:3.

the rosarianon whus the Senator froas whois amedmant being a suh=**ta for If Aanname want to reserve thstr la Illinois was over there talking. We mkne I cannot agree partnamentarity-minutes until that tima-agreed but the annam, dkt not agree.

thatI make it se I do not know whethr m

Mr. HART. Or 10:18F Mr. BOBERT C. BYRD. What is the it wiR or wiu not. It probably will be Mr. HOBERT C. BYRD. Why do we situation?

r6 levant and not subject to a point of not dtarnas the amandment for another Mr. NumTt'r Because of the nem order, but I do not want to agne to that 15 minutes and them have ttua tahting ture of the amandmanta I thought that in advance.

mouce se over until the morning? 'Ihe mine would foDow Senator McGovsan's.

Mr. nnnznT C. BYBD. Mr. Prest-meinkar can make the==atim ennight jf I haue an hour. I understand Senator dent,I know nathing about the contet he wishes, with the understanding that Pancy has an hour.-or is 14 30 minutes? of the amendmant so. themfore,I better the vote #1H occur tamarrWw.

Mr. srAR'r' 'Ihirty minutes, I belleFe. 33% the Cha&r if there is any problem in Mr. McOOVERM. We have only 16 The ACTING PRESIDENT pro tam-the way the 2WEuest was worded which minutes r==maining pore. The Senator's amandmant would by virtue of its verbiase wiu aDow Mr.

l Mr. ROBERT C. BYED. The time I be a regular amand= ant of 30 minates. PuscT to come in after the disposition have been taking is not taken out, equaDy divided-of the amendment by Mr. Dome'

)

Mr."uruvWER!(, How much time de Mr. DOMENICL I will cut mine to 30 Is there anything inconsistent in it?

I havet minutes.Ide not need that.

'Ibe ACI2ND PpwstrwtgT pro tem-

'Ibo ACIING PRMEDENT luu taus-Mr. ROBERT C. BYRD. Mr. President. pore. If the amendment by the menatni-pore. Eight minutes.

I salt ' man 8mma *===nt-let us see if from Tmnnis is a substitute to the Mr. McOOVERN. I would preser to this is agreeable now to everyons-I ask amendment of the Senator from New '

hold that unttitheamerning.'Ibe thaehu" n==ns=== consent that when the San-wavica 11 would be an amendment in the vote is flaa, ate completes its banenam today it stand the third degree and would not be in 4

Mr. DOMENICI. Before I agree to in recess until the hour of 10 o'c1cck order.

forbear on the tahHng metten tonight aJn. tomorrow and that at 10:30 a.m.

Efr. ROBERT C. BYRD. 'Ihan I with-and 15 minnaan from now, let me maan the 8enste resume ennsideraHan of the draw that part of my W. Ist me

.this point:

pending business, at which time there be just renew the request in this way-It does me no good to have a vote at 15 minutes to be equJly divided between I ask imantmnus consent that when 10:30 on tabling mana&ar McGorsas's Mr. McGovsas and Mr. Haar on the the Senate completes its bustness today amandment if we are st1H dah=Hng com-amondhaent by Mr. McGovuuw, it being it stand in recess until the hour of 19 currece or veto amanr'ments after 1:30 understood that at the exptrst8cn of that a.m. tomorrow morning and at 10:30 i

tomorrow afternamn That is the meason time er upon its botas ytelded back Mr.

a.m. the Senate resmne consideration of that I am hers. I want to snake ame we Puner will move to table that amend

• the pendtng business, that there be 15 1

have also agreed that by 1:30 tun. we ment. If the amendment is not tabled

• minutes equally divided on the amend-will have compieted the nne-tri then I ask unanimous censent that an meet of Mr. McGovenN between Mr. Mc-amentiment and the Percy amendment amandment by Mr. Doernmer be la order oo,uma and Mr. HAar and if that ennend-in the event man =8mr McGoraar's enend-on which these be a 30 minute time lim-ment la tabled-weR. whether er not it met is tabled. I thfnk we would benanme 1tatsan egeally dtvided in accordance is tabled. I- ~

the time is an hour maximan. And how with the usual form; upon the dispomi-Mr.PERCY. If it is tabled.

mneh on ArnakarPuest's W tiet of that===ndment. the amendmani Mr.DnarsMICE. No.

Mr. PERCY. One hour to adequata.

by Mr. Pracy be called up and I boileve Mr. ROBERT C. BYED. If it is taided.

Mr. DOMENICI. So we could agree there is already a 30-minate tlane lias6-thest 3Er. Douxxxcz be recogntmed to cau l

they would foHow right after that af R talJan en that amand==""

up ble amendment.

l 1s not tabled, and then, we woulf. he Mr. PERCY. Mr. President, reserving Mr. DOMENICI. I will act cau it up through.

the right to object, la there any particu-ifit is tabled.Iwilinot.

Mr. BOBERT C. BYRD. AH right.

lar reason why the 3EcGovern amend-Efr. nons'ItT C. BYRD. If it is not Is that agreenhls with the manager of-ment csanot be casoplated tonight and tahlsd?

the b6nt i

the motien to tehne voted en tenistut?

Mk. DOMENECL Correct; if it is not j

Mr. HART. Yes.

Both of us probably abankt be ha the tabled,Iwin.

I was just checking cet the thne agar). SALT hmeenem tomurrow morning; oth.

Mr. ianns stT C. BYRD. He will call t

ment as to what, the order Emovides Aur erwtmo,we would be forced toleave those up his annendment and there be a 30 I

N==n 'ed or the Percy-G3mm aumend-hearings to come to the Soor.

minute tiens limitation on that amend-l i

• • "I' DOMENICI It does not It amn

Mr. McOOVERBL h only point I ment.

l h

in unter the 30.msn=4= rule, and I had make to the Senator fross ruenada is Mr. PERCY. Mr. L, tie, ruerving j

an hour reenved this morning' we are oudy talking about 7% minutes the right to object, on the Percy amend.

on eneh akte and a amnber of the co-ment, that is why I made the taquiry on Mr. HART. That is correct, sponsors who were not here today have behalf of amatar Or.arn and sayself Mr. DOMENICL h a=nainr and I asked me if they could.be heard. I was and those who -=t the concept that had agreed to that with the 3eeder's ap=. protecting them rather than myself. I there should be an override tg Con-proval.

have nothing more to any on it, annedy. >

,__-,w,.-.---_-w.--.

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=

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S9502 CONGRESSIONAL RECORD-SENATE Jllly 16,1979 Mr.DOMENICI. I understand.

The ACTING PRumENT pro tem. extraordinary nudear occurrence, or an event or sequence or events wbich signmcanur in-Mr. PERCY (continuing). On the pore. 'Ibe clerk will call the roll.

'""** the utenh d mereof.

State's objection to having nuclear The assistant legislative clerk pro.

• E s N N c'ourt P

('

waste; otherwise it is going to be a po-ceeded to call the roll.

on the 1

11tical football, and we would not be able Mr. ROBERT C. BYRD. Mr. President. Distnet or columbia to require the camma-to put th1s waste any place.

I ask unantmnus consent that the order ston to pro:nutgate the rule required in sut>

It is our intention to try to resolve for the Quorum call be rescinded.

section (b) of this section it the enmmf aston that issue by proposing that there be an The ACTING PRESIDENT. pro tem. has not promulgated such rute within the 11m period provided by subasetton (a) of ultimate override by Congress.

pore. Without objection. it is so ordered.

this secuon.

Mr. DOMENICI. Iet me say that the Mr. ROBERT C. BYRD. Mr. Preefdent, gubstance of our argument is that "We I ask imanimous consent that it be in Mr. HART. Mr. President. I offer. on retain the inherent power to override /' order - to set aside temporarily the bealf of myself and Senators KENNEDY.

and to say to the States. "You can con. amendment by Mr. McGovnius so as to Caansvow. I.zynt. McGovanN. Rract.s.

cur but at the same time we hold a gun anow Mr. KaNNEDY to bring up another TsoNcAs. HATrIII.D. Pracr. and MrtzrN-to your head: if you do not we override amendment at this time.

' aAUM. an amendment that would defer you is absolutely foolhardy. We would De ACTING P1mRmENT pm tem. the issuance of any new construction not get concurrence. So we disagree, pore. Without objection, it is so ordered. permits for new nuclear powerplants I believe if my amendment were to The Senator frotn unwhusetts is during the first 6 months of fiscal 1980.

pass with a substitute, and I am not tell. recognized.

De amendment requires the Cnm'nN Mr. KENNEDY. Mr. President. I would aion during the 6-month period to pro-ing the Senator what to do par!! amen. be glad to yield to the distingulshed floor mulgate new regulations that specify tarily but I think he can amend it with manager of the blu wno will present population density and distribution re-an overrider provision. One cannot sub-quirements for the siting of new nwfaar the amendment.

stitute for it. But I mean I will agree powerplants..

w m awn m v w.ses to that if that is what he wants to vote his amendment supersedes an earner on, to amend mine to include his over.

(subsequenur prmted a;nendmeng amendment that would have provided numbered 4ss) ride. I have no objection to ths.t only for a 6-month moratorium on new Mr. ROBERT C. BYRD. Mr. PretA1 dent.

Mr. HART. Mr. President. I send to construction permits to await generally the desk an unprinted amendment and the implementation of safety improve-let me withdraw that request.

ask for its immediate consideration.

ments i

the iny The ACTING PRESIDENT pro tem.

'Ibe ACTING P11rsmENT pro tem-pore. I wish to clarify. We have stated E

that the amendment of the Senator from pore. The clerk Mll report.

dent. The provtsions of this revised assisM ledstathe cM read as amendment are intended to deal prompt-Illmois would be gtven 30 minutes g

ly with one of the principal issues arts.

equally divided. I am advised that is in.

The senator from colorado (Mr. mav)* W fra h h 2 Th e correct. It would be given 20 minutes.

Mr. ROBERT C. BYRD. Mr. President

• d dent-how close nuclear power reactors-unprm an abould be located to population cen-I withdraw the request.

I ask unantmous consent that when, Mr. HART. Mr. President. I ask unan-ters-while also awaiting other safety the Senate completes its business today consent that further reading of the improvements that may be - recom-amendment be dispensed with-mended.

it stend in recess until 10 a.m. tomorrow morning and at 10:30 a m. tomorrow the The AC*I'INO PpmmENT pro tem-In the aftermath of Three MUe ratand, Senate resume consideration of the pore. Without objection. It is so ordered. much attention has been given to cmer-amendment by Mr. McGovraN on which The amendment is as follows1 gency ptanninO including the po8sible there be a l$-minute time limitation to on page 9, insert atter line 19 the tonow-need for evacuation. This !s rightfully so, Ing:

and in the bill we are considering today-be equally dJrided between Mr. McGov.

Bac.107. N b amunt authorized to be and, of course, after many votes earlier tale and Mr. HAAr and that, of Course.

Senator Pracy does not waive his right "PP N u ear h a t@o tj today-Z think we have lt resolved. At the yt same time, we should be aware of the fact to move to table at that time, m tasuance or a construetton permit for that early in the Hrst morning of the The ACTING PRESIDENT pro tem-any mmmeretal nuclear powerplant during pore. Is there objection 7 the first a months of fiscal year 1980. The hree Mile Txland accident. About 6 aJn Mr. DOMENICI. Mr. President, re-preceding sentence shan not apply to any March 28 of this year, the Three Mile commercial nuclear pgant tw which a maM plant was out of control. Substan-serving the right to object. I object.

The ACTING PRESIDENT pro tem-be n N #

bEM tial damage wt.s occurring in the core ber re m with releases of large quantitles of radio-pore. Objection is heard.

nacal year 1980.

active materials into the containment.

Mr. ROBERT C. BYRD. Just dispose (b) within m time period provided by And there was great uncertainty as to of this amendment. Otherwise we have subsection (a) at this secuon. the commte.

aton shan by rule. after nouce and oppor-what was happening and how to regain to dispose of it tonight.

• • R887 f f h*aring in sacordance with sec-control of the plant. These conditions Mr. DOMENICI. I must object because t1 n 663 M me a M the United states code, persisted for 14 more hours.

I cannot agree this go over tonight un-less we have agreed here tonight that EeYe[g of acNu Nn$e According to Nuclear Regulatory Com-Fn n NW of meetings on W no further amendment on veto or con-uon with construction pertnit review under accident. 2 days passed before NRC and ct.rrence will occur beycnd 1:30 tomor-sectron is5 at the Act. such requirweents the dealgner of the Three Mlle Nami row afternoon. We have not agreed to Shall provide for rettew or construction per, mit hppucauona pureusnt to section laa or reactor agreed that unprecedented dam.

that. So l object.

• **** "".4 8han specify to the mnemum age to the nuclear core had occurred on Mr. PERCY Mr. President. Senator extent pran,..ble the tonowing:

Wednesday. Whilo discussions of evacu-DoMENIcr, in an effort to be acconuno" (A) the 9

'11 and martmum populauon ation were appropriate on Friday March dating, has made a suggestion which we donatty at tv tow popuistion zone imme-30. and the days foHowing, such' discus-

"i should refer to the Chair to see whether distaly se

- ding the site, including con-sions should have taken place on Wed -

anderattor.

"missable radlauon exposure:

there could be the possibility that the nesday morning. March 28. Yet, there m ace

le means or samuring such-Domenici amendment could be amended mnemumn,.ation density is not exceeded apparently were none because the sever-to provide for congressional override.

ouring the s.

21 ute of the rac>ntr.

ity of core damage was not known at the Mr. ROBERT C. BYRD. Mr. President.

(c) the :

amm distance tram the site time $e time for possible evacuation came I suggest the absence of a quorum. I ask to me nears soundary of any densely pop.

T!

nnantmous consent that '.he time not utated area:, d and went beiore those in atithority were run against the McGovern amendment.

(D) the m.1 mum samfon. product release fuHy aware of the unfolding events at into the cont anment structure assume.1 for the stricten reactor. This is not unusual The ACTING 'PpmmENT pro tem.

done calcunt m.

in Con 1 plex nuclear emergencies like pore. Without objection. It is so ordered.

In me pCmulgation required hereunder.

Mr. ROBERT C. BYRD. The purpose the comr.ston shan spectacany conalder Three Mlle Island. While emergency re-18 to see if we cannot work out some reso-the poestb.dty or multiple-unit' siting and sponse plans are elently mmHaf I be-lution.

the reastbuity of evacumuon in ceae et an Have comparable attention should be

l t

4 i

July 16,1979 CONGRESSIONAL RECORD-SENATE S 9508 given to more direct mlusative measures son maF pa&%m the Mclear nayulaimy I am extremely hopeful the& the Senate (somewhat skin to prevenuve medicine Commiansan to meet its mandated usae w1H acceptiL versus emergency madicinab partio-provialen.

Mr. President, I join with the chair-ularly to more stringent siung dandards

'Ibe amendment is not intended to un. man of the s*nmmutaa in ofering tMs with raapart to popuiatJnn distabution duly delay hinnan of construction per-amendment which provides that no con-and density. This amendmani seeks to mits. In reviewing the asusssted pop-strucunn pennits be issued fu new nu-accomplish that objecute.

ntauan statiaues for the year 20001n the clear powerplants during the Srst 6

'Ibo Nuclear Regulatory rSm.*tation vicinity of proposed sites for pending months of dscal year 1980.

rules now contain reacter. siting critaria construction permits I note several of This amendment does not call for the that generany address a,mncaphic fan-what I call reJauvety super $ar sites h shutdown of any f 'he 70 reactcra that tures. However, the principal rules were a demographic viewpoint, i~hh the " #*" #

t

~

pr pened Pebbie Springs atte in Oregen a

tion penna 11 does clearly re-a e

before e "N

such as at Three Mile dasui were earl.

Mt a "bnainema.as.nzaP==@_

to v

n ahmt Im people w! min 30 the Nuclear Bagu: story N== Man _ We ously contemplated and at a time whm m as o e preceed romeants. This is cannnt pretend that the Three M11e acct-nuclear reactors were much =manar in size and much less enmntow than the in cetust to courparable proMens dont did not happen. D d!d and we must, 8"8 h of 48er 98W 1 earn froen 1 plants now being buDL The time haa in me of me mee w.

I am pleased that the chahman of the i

come to take a comprehenstre look at citing poucy with respect to populatten 'Ibus, based en demographis ennandare. Nuc!w Begulation Snav nmmittaa and I density before ami=al sites are com-Mons only I would see ne reason to defer have been able to join forces on this for dessographts reasons the Pebble amendment.

mitted' President. I am not suggesting Mr.

Springs constreetten permit opee new At his suggesttan I have included in that the regulators of mulaar pourer siting regule&sens are immad after the 6-my amendment language requiring 2a3 have sat still since 1962 on stung policy. mont metew period. Under the amend-me DC adopt Nng ngulates es-The Atornie Energy Cnmmisalan issued ment, the Commemmaon could, after 6 tabfkhtnr firm guidelines for popntmenn some " guidelines" in 1973 addressing months, losee at least interim regulations density around reactors. 'Ih!s action Is population densttles, but these suWas permitting issuance of a construcuan long overdue.

are not mandatory. The Ntaclear Begu-permit upon a finding that a site le It would be our hope that were this latory Comm4=aton has since its incap-clearty sepertor fnm a demographic amendment to be accepted, the safety tion in 1975 considered from time to uma viewpoint.

Suldennes eMablished and the popula-various aspects of siting of nuclear re-Mr. President, it is true that a 6 tion controis implemented, that then I

wtore, but the Comm1=mion has yet to mouth decurralof new construction per. there would be a wttew, site by site, re-l articulate a comprehensive policy re-mfts would entati some additional costs actor by reactor, to review the appropri-j garding atting of nuclear reertoes in the for constructing new plants. However, ste esfety factors to be implemented for vietanty of population centers.

these costs would be small relattte to the each of the existing reactors that cur-Why is there a need to defer new con-total cost of the plant. These costs would restly operste, or thee that almady atmetton permits pending a comprehen-hm construction pemits.

be vetwed as a form of insurance that, I titank tt is impord fc? our rd-stie anans review? While new engineered nuclear reactore are not being lacata, safety features can be added to an sEtata toonearto population centers.

leagues to understand what weare t ying ing plant an an as Deeded bests to im-Mr. President, I wish to emphanima to de and what this amedment WC1 not prwe safety, once constreetten has be, est tids amendment would not can for do.

gun, the site as a practical matter is the shutdown or any other adverse ac.

'I1xis amendment def'ers for a short irmvombly=== matted.

tion with respect to the 70 reectors that time reactors that are in the pwnimr

'Ibus, new sites abould not be com*

mitted unul carnpletion of a long-over already hare sIlcense to operate,nor the stage-4 to 10 years away from enmmee-92 reactors that already have a construc. cial use-so that we may all reap the due Mvlew of stting posey. Ptarthermots, fw umma sites with reactors already op-Men perndt, benefits of an u% dented Immber of Rather Mr. President. It is cantmn. major investigations now underway, eraung or under construction, new reec*

tws should not be mmmitted to these plated that this amendment would sHect In the words of a spokamman for the Gnes untB me site has been rereviewed the 1==nana of permus for the construc. Bank of America in announcing a sus.

in Ilshe of the new sittag ngulat$ons tion of new plants that have not already pension of new nuclear loans in Eght of caHed fw in mis annedmmt, issued, and that those permits would be Three Mlle Island. "It would be impru-based upon a very important canaidara. dent to 30 forward wth such lending at i

Mr. Prmident, the Mocinar Regulatory tion-a consideration that has not been a time when the industry ttaeff is review-i is wen alma me way to a given due notice in the past 20 years of ins sisch lessons as msy be learned from compmhansive atting ' review. It estab" this indnatry-the location of the facg. the seeldet."In addition to the enan-11shed a siting potley task force almnet ity with respect ta anhatanttal papnlatian cial community and the industry, the a year ago and my subcommittee staff proximity.

Pmsident's Kemeny CommWon, the i

informa me that this greup is about to Once again, Mr. President, we have to NBC, the Senate Nuctuar Regulation I

submit ita recammedatinas to theCesn-leerp from our mistakis. E the Three Subcomatittee, and the House Intertor mism4n. It is noteworthy 13 sat me task MDe Island accidet represents a mis. Canmettee are au reappraising our cur-force has +w time need far strio-take. I betteve we shouhi learn from it, rent system of nuclest regulation.

ter poputaAsen density and estributica One of the things we shouk11eurn is not I know there are those who will say, j

critierta in ytew of the feet staat ennent to locate very imrge reactors near large "Why dorft we move ahead? We can regnimatma which were issued in 1982, popetation centers.

move ahead with the entruct!an per-do not marvent for the Isrwer stas of new I urge the sdsption of the amendment, mfts, and then make the changes and l

ntstlear powerplante and tase pstentlany and I yield to the Senator from Massa-alterations in constrnetian as uma sees larger astatte conseqamaan of a nacisar chasetts.

along."

i ac ment.

Mr. EENNEDT..I thank the Amatar We have seen, over the hfatary of the atten the temportance of this matter from Colorado, and I welcome the ap-past, that as these reactws approached and in order te Insure expeditious ac-portamity tu join with the Meatm" fican completion. a number of safety recean-tias an sating psIk:y, this amsmeman* 39-Colorado on an tasue which Is really not mandattana were considered to be tes quares the Censsission to promulgate a strange issue to this body, and an issue attramuttnary or too

• • p'= naive te be

{

new seting resmintaens addrmudng pope-whlek has been raised in ibe House of implamentaf This has a way of being a i

latlan densattes withan the fleet 8 montha Representatives try a colleegne of mine sely.fuwitna prophesy; ence the con-of Marai Isse, freur 1smaarhusetts, Representative struct3cn hagtna if these are recasa-To help insme that the rwlmmaking MasnET.

mandaticas and suggaattana from a does not drag beyond the 6.-month time-I welcome the opportunity te join with safety point of view,it becomes too late i

prortston, the eeneertment incorporates the Senator from Colorado in the presen-or too expensive to mese ahead. Then a mandamus provtste wheretyy any per-tation of this amendment to the Senate. we hear the argument, "WeD, if we delay

S 9504 CONGRESSIONAL RECORD-SENATE July 16,1979 now we will be costing the consumers in cantly contributed to the utilities failure into consideration, but without any re.

the,various areas which are consider. to control that accident. And now gen. quimment in law or regulation that it be ing the mnstruction of plants perhaps eral public utilities !s on the verge of a dennitive guideline.

millions of dollars or tens of militans of bankruptcy.

As the Senator well knows. In the case dollars over a period of restraint."

So let us tell the NRC to learn the of the reactor which he referred to in his But we will and out that once plants lamanns of Three Mlle Island and incor, own State, projected population within a are in the process of construction and de. potate changes before reactors are built. 20-m11e radius of that reactor by the year lay occurs, because of the amount of in.

Let us leave ourselves 3 months of the 2000 win be about 300.000 people. Of terest on the funds invested in these next session so that our overs'ght com. course, that is a very large number of plants under construction, it usually mittees can insure that the NRC is doing people to be that close to a reactor.

means that the consumers spend even its job right.

We saw the situation recently of nree more, and it is more costly to the con.

So that my colleagues will know Mlle filand-where it was contemplated sumers than if delay occurred before the whether their States are affected by this that an evacuation misht take place in plant was built. If the. plants are sc. action. let me name the 10 reactors that a 5-mile radius and even for perhaps 20 tually ccmpleted and we go through a are affected by this amendment-.Palo miles as a matter of safety.~ If that were period of shutdown. It will cost the con. Verde IV and V (Arizons). Pebble to occur in a population of 20 miles, to sinners generally more than it

.Id Springs I and II (Oregon). Pilgrim II which the Senator was referrieg. he would be n1Hng about 300,000 people at e

• have cost to delay the plant before con. (uammar husetts). Perkins 1 and 3 (South struction began.

Carolina). Black Fox 1 and 2 (Okla. the very tenst.

80. In a very real sense, this !s a wise homa), and Allena Creek (Texas).

Mr. KENNEDY. In terms.of the cur.

policy for protecting the consumers of 017en delays probably only five of rent population guidelines, can the Sen.

this country. All we really have to do these reactors will be afected.

ator establish for the record what is is took at the immediate past record of I think it is important to understand ID*isted upon by the Regulatory Cnmmis.

the closing down of various plants and that both of the Senators from Mas. sion now in terms of population require.

4 the pauses that have taken place in the eachusetts and the senior Senator from ments? As I understand, there are sta3 construction of various plants, and that Oregon in which the two Pebble Springs rammmendations but there are no fixed is bocne out time and time again.

reactors are Incated. are cosponsors of 8'#daHnam. I am just wondering if the So from an economic point of view, this amendment.-

chairman of the commit *.ee would make Mr. President. this is a wise action. But In sum. Mr. President, through th!s whatever comment he would on that quite clearly the most important consid. amendment we are letting the American subject eration has to be from a safety point of people know that the U.S. Senate puta.

Mr. HANT. Well, the pcpulation den.

view. here are numerous studies of the safety Srst-that "a business-as. usual" sity figureo are incorporated in the Nu.

J Three Mile idand accident taking place. 11-aina should not continue-and that clear Regu'atory Commission standards Most of the results and recommends. we should learn and !=Mamant the les. which they use in issuing construction tions of these numerous reappraisals will son of Three Mlle Island before more permits. Th ere is general language about become available fer congressional and reactors are built, the populat;ocin the area butitis vague pubile analysis during the Srst 6 months I might ask my colleague from Colo. and very amorphous and does not have of fiscal year 1980. His is the time to rado, with regard to the population site specine der.sity or demographic figures pause when the cost of delay is at its regulations, we have seen a situation in attached tt it.

lowest for the affected plants and the my own State Of Mammachusetta, for ex.

Mr. KE4NEDY. Would it also be the opportunity for meaningful reform is at ample, where we do have a nuclear plant hope of 12.e chairman of the submmmit.

Its height. By next March Congress will that is operating. It has been accepted tee that this pause would give us an,op.

have the benefit of the recommendations within the community and it is function. portunity to conside other health and of the Cremhttan itself, and the popu. ing. Here have been different times safety considerations that would result lation recommendations which the Sen. when it has had to pause for safety res. from the President's Cammisalon on mak.

ator from Colorado has proposed.

sons.

Ing such reenmmendauens and to give The accident at Three MHe Island has Now what has happened is because of the opportunity both to the Cnmminaian sent a clear message to Congress-if the the impact on the tax base. it has become itself as well as to the Congress to con.

Government considers licensing addl. an enormously desirable place for people sider what additional health and safety tianal nuclear powerplants.11 must do to move to. Besides Plymouth is one of recommendaticms We should be willing to the job right, og not do it at all. A vote the loveliest Fu Sties in our Com. accept, or at least how we might be able 2

for this amendment is a vote for the only monwealth of Maaanrhusetts. It has a to dispose of tusen, keeping anopen mind responsible' choice-to do the job rfght, wide range of different ass ets in terms of as to how we will canaWe them? Atleast by taking full advantage of the findtnp qusuty of life, it also has cae of the it would give us an opportunity to evalu.

i and recommendations that will be forth, lower tax rates.

sta those ram" man *"am, and then-mming in the near future.

It is also contemplated that there will this amedmont will at least permit that Por too long, the NRC has refused to be a seccnd nuclear plant built within opportunity for the future, face safety issues before reactors are that community.

Mr. HABT. The principal purpose of built.This head-in-the-sand attitude has We now find ourselves in a situation the Senator fram Colorado supporting been costly to the consumers and to the where the growth in the size of the popu. this ammMment and hedping to propose nuclear _ industry.

lation is incremaina rather dramatically it with the Senator from Mammachusetts Consumers have pa!d hundreds of mil. In one rather aman geographical area, is to iwiwie this siting criteria. But lions of donars for replacement power primarily because of lower taxes.

as that protection is guaranteed,1t would because 14 reactors had to be ahut down On this issue of population guidelines, additionaDr give us time before new con.

in the last 4 months. If the nuclear safety as I understand it, there have been struction permits were issued to take into licensing process had been working, these guidelines which have been estahltahad conalderation some of the other lamaana safety defects would have been discovered at the staff level, but there are no popu. that we are learnits in our investiga.

before tha reactors were built.

Is11on regulations which are insisted tions, includ!ng the one being conducted The failure to solve safety problems upon and which are followed as a mat *.er by our subcommittee. So there would be before reactors are built has been costly of obligation. I am wondering if the that added benefit. That is correct.

to the nuclearindustry.

Sena.or would maka what ="ma"* hs I think the principal point here which One safety system, now required on would on this point, needs to be made so that people under.

reactors was not recutred on the Three Mr. HART. It is the understanding of stand is that when reactors were start.

Mile Island reactor because it was al. the Senator from Colorado that what the ing to be built in the fifties and sixties, ready under construction. The NRC Senator from MaAsachusetta has just they were relatively small in output, but routinely grandfathers such reactors. It said is accurate. In the past, according over a period of time the wattage went would have been costly to delay and to the stas's review of siting proposala up, the productivity of thoes plants haeMt that safety system. But failure and applications for construction per. went up, and now they are very, very

'to retroSt that system may have signiS. mits, population density has been taken large compared to the original reactors. -

1 s

July 18,1979 CONGRESSIONAL RECORD-SENATE 89505 The same siting criteria were used dur-s Mr. ROBERT C.BYRD.Does any Sen.

Was an order entered putting over the ing that period on many reactors, with-ator know of any such amendment?

vote on the tabling of the amendment by out much projection as to population If no Senator knows of any such Mr. McGovsaw until tomorrow?

j growth, so that we now have large renc-amendment, will the Senator from Colo-The PPer1TNG OFFICER. No; it tars located in very dense urban areas. rado, who is nianantne the bill think it has not been.

It is not a very happy situation based on might be possible to agree that no such Mr. ROBERT C. BYRD. I am advised what we have learned could happen at amendmentbein order,then?

by Mr. Donasmcz that he would have to Three Mile faland Mr. BAKER. Mr. President, will the object for reasons of his own to putting l

Mr. KENNEDY. I t. hank the Senator. majority leader yield?

that vote over until tomorrow.

Mr. SIMPSON. If the Senator will Mr. ROBERT C. BYRD. Yes.

Is Mr. McGovans still here?

yield, let me briedy comment on the re.

Mr. BAKER. I understand what the Mr. McOOVERN. Yes, I am here.

2 marks of the Senator from wa=marhu. distinguinhad Senator from New Mexico Mr. DOMENICL I might say, since we setts and the Senator from Colorado for is proposing and I agree that it would be participated openly here for 15 minutes one moment, desirable. As the majority leader knows. trying to arrive at the agreement. I can Mr. ROBERT C. BYRD. Will the Sen-I have not agreed to such requests in the agree to put it over and agree that my ator yield for a moment?

past without first making a thorough amendment will follow it. However, there

{

~ Mr. SIMPSON. Indeed I do.

check of the Members on this side. If,2n will be objection to that by Senator

14. ROBERT C. BYRD. Mr. President. fact, the majority leader wishes to pur-Pascv. because he cannot get Senator a

I ask imantmaus consent that it be in sue that course. I shall need a little time OLsNN. the Cosponsor, to agree to the-order to order the yens and nays at any to check this side.

sequence that will follow that.

time on the motion that Mr. Pascv will Mr. ROBERT C. BYRD. Of course.

'Itat being the case. Mr. President. I make to table the amendment by Mr.

Mr.DOMENICI.IAt me say to Senator think we ought to vote on the tabling McGovnaw Baxsa that the majority leader is doing tonight. 'Iben we shall know where we The PRESIDING OFFICER (Mr. this because I am agreeing not to vote are.

Zozmsxv). Without objection. It is so tonight on tabling on the condition that.

Mr. McOOVERN. Mr. President. Ican ordered.

after 2 o' clock tomorrow, we shall not only say that this does violence to every.

Mr. ROBERT C. BYRD. I assume Mr. have veto-concurrence amendments on thina we have been trying to accomplish Pszcv wants the yeas and nays ordered. the floor. Else I shall insist that we vote here for the last hour, which is to ac.

If he does, this would be a good time to tonight at the conclusion of the 15 min. commadate a group of Senators who are order them.

utes remaining, nacammarily absent today, who are vitally Mr. BAKER. Mr. President, I am pre-Mr. BAEER. If the Senator W1H yield interested in this amendment.

4 pared to represent on behalf of Senator to me. I understand that. I have no de-I know the Renntne from New Mexico l

Psacy that he does and I am happy. If sire to interfere with the Ranatar's plans. is interested in it but he is not the only the maiority Imadar wishes, to make that but I have a special obligation to Mem-Senator who is interested in the matter request at this time.

bers on this side to check before I agree of nuclear siting. That is an issue of Mr. ROBERT C. BYRD. Very wou.

to imanimous-consent requests to cut off vital interest to everyone in the Senate.

Mr. BAKER. I make that request. Mr. their rights to offer amendments on that At'least seven or eight different Sena-President. I ask for the yees and nais, portion of the b111. I un terstand and I am tors have spoken to me personally about i

The PRESIDING OFFICEIL Is there sympathetic, but I cannot agree with not having a vote on this matter today, a sufficient second? 'Ibere is a sufBesant that without checking first.

I discussed it with the malaritF leader second.

~

Mr. RdBERT C. BYRD. Mr. President, on yesterday, and the manager of the The yees and nays were ordered.

I withdraw that request.

bill. While there was not any unanimous.

I Mr. ROBERT C. BYRD. I understand Could we agree that a vote on Mr. consent request propounded. I hope that there is a request by Mr. Haar that the,EswnssT's amendment would occur 15 the Senator, just as a courtesy to other Kennedy amendment, go over untti minutes after the disposition of the Senatore, would be as deferential to them tomorrow.

amendment by Mr. Donsumer and the se we havs tried to besto hia today.

Mr. KENNEDY.Iwonder ifit wouldbe amendment by Mr. Psacy it. indeed, that Mr.DOMENICL May I say to the Sen.

possible to set a time. ' Ibis is an impor* amendmentisin order?

ator. Mr. President, that I have been most tant amendment and we want to accom*

Mr. DOMENICI. I have no objection. deferential. It is not my custom in this snodate the leadership if at a!! possible.

Mr. EENNEDY. And that the time be body not to be considerate, but we are Would the leader be willing to give us & evenly divided?

supposed to vote, under the previous or=

time or to make a recommendation in Mr. ROBERT C. BYRD. Yes; and that der, on tabling tonight. I am willing to i

that regard so we could let our ma=acia**"

we have that 15 minutes evenly divided put it over, but I would like to know what 1

know?

between Mr. Emmsov and Mr. Snsrson? Is going t:, asppen to my amendmant Mr. ROBERT C. BYRD. May I say to Mr. KENNEDY. It would be between if we put it over.

the distinguished Senator from Massa. Senator Haar and Senator Susrsow.

Mr. McGOVERN. I might say I was chusetts that it appears to be agreeable Mr. ROBERT C. BYRD. All right, heavily involved in the SALT hearings that a vote occur on the amendment bF evenly divided between Mr. Haat and today. I got a call from the leadership the Senator from Mamanchusetts fol* Mr. Staspeow.

asking if I would come to the floor and lowing the disposition of the amend

• I make that request.Mr. President, offer my amendment today. I did that as ment by Mr. QonssNic!. if he offers his The PRESIDING OFFICER. Without a matter of acconunadaHng the mana-amendment.

objection,it is so ordered.

sers of the bill and the lander so there Mr. DOMENICL And the PercF Mr. ROBERT C.BYRD. And there will would be some action here. on the floor, amendment thereto, be no more rollcall votes tanleht..

It was not done to accommodate me. I Mr. ROBERT C.BYRD. And the PercF Perhaps the Senator from unmanchn-was trying to be acconimodating to the amendmeet thereto.

setts would like to get that order for leadership and to Senator Haar and oth.

Mr.DOMENICI.If we can agree thatit the ranean ers who are handling this bill. I could is in order.

Mr. KENNEDY. Yes. Mr. President. I have stayed over in the SALT hearings Mr. ROBERT C. BYRD. If we can ask for the yees and nays on the Hart-and refused to come to the floor, j

agree on the Percy amendment thereto. Kennedy amendment.

Mr. HART. Mr. President. I hope that

~

Mr.DOMENICI. I wtB say to the lead.

The PRESIDING OFFICER.Is there a the Senator from New Mexico. In the sufBelent second? There is a sufBelent interest of moving along a very impor-er. since we are now agreed to go frosa the concurrence and veto consideratica second.

tant piece of lesialt. tion. w1B accom-l to a different subject matter. I would

'Ibe yees and Days were ordered.

modate the request, which I think ja a hope that before we leave this evening Mr. ROBERT C. BYRD. Mr. President.. reasonable one of the Senator from we could agree that with the disposition I suggest that Senators might be advised South Dakota and work out whatever of the Percy amendment. if in order. that there may yet be a rollcall vote to.difBeulties he has with other colleagues there would be no other voto-concurrence night, centrary to what I said a moment 'imHarly interested.

amendmant. 'Itat la what we are sup-ago. I am further educated than I was Mr. ROBERT C. BYRD. Mr. President, posed to be doing.

3 or 4 minutes ago.

I want to express that same hope, be-

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1 S9506 CONGRESSIONAL RECORD-SENATE

-July 16,1979 cause Mr. McGovraw certainly is en-ity leader that he will cooperate in try-will try to make room for other amend-titled to have his vote go over until to-ing to make room for such matters and ments if. in fact, they occur.

morrow. It would not make any diger-schedule them tomorrow. I am ready to Mr. ROBERT C. BYRD. Yes.

ence. as I see it. insofar as the position apree to a time certain on this subject.

Mr. DOMENICL Reserving the right to 1

l of the Senator from New Mexico is con-Mr. ROBERT C. BYRD. Mr. President. object. I want to say to Senator McGov-cerned. It would not be prejbdicial to his will the distinguished Senator from Wyo. saw that I appreciate his hospitality and j

position to have the vote on Mr. ming yield?

the way he treated me. He tried to work McGovrsx's amendment 30 over until Mr. SIMPSON,I yield to the Senator, this out as best be could. I hope it works

{

the first thing in the morntng. any more Mr. ROBERT C. BYRD. Mr. President. out to his sattafection. I thank him for than it would be to have it be the last I ask unantmaus consent that when the his kindness.

thing tonight.

Senate completes its business today it Mr. McOOVERN. The Senator is wel-Mr. DOMENICL Let me say this Mr. stand in recess until the hour of 9 o' clock come.

President. so that the Senator from tomorrow morning, that at 9:30 the Sen-The PRESIDING OFFICER. Would Colorado and Senator McGovraN will ate resume Considerstjon of the amend

• the Senator from West Virginia indicate understand how important this issue is ment by Mr. KENwaar. that a vote occur whether he wants the time evenly divided and what has happened to me. I would on that amandment at 10 o' clock, and on the Rennedy-Hart amendment?

not have agreed to a time limitation on that upon the disposition of that amend.

Mr. ROBERT C. BYRD. Yes. ^

this bill at all: it is that important. ment the Senate then resume consid-De PRESIDING OPFICER. Without i

Through inadvertence, a mistake, and a erstion of the amendment by Mr. Mc. objection, the previous request is agreed few things. I had to come to the floor Oovsam, at which time there be 15 min-to.

this morning and proceed as best I could utes remaining for debate to be equally Mr. ROBERT C.BYRD.I believe un' der to get an amendment of mine included, divided between Mr. McGovras and Mr. the order I was just about to enter, the Now, tonight. I saa agreeing that a HAav.

Senator has not yet agreed to it, there tabling mot. ion. that was going to hap-It would make it possible then for the would be 30 minutes to be equally divided Den under the oNier of the Senate, be vote on the tabling motion to occur at on the amendment by Mr. KENNEDY to=

put over when I know and the leadership 10:30.

morrow morning.

knows that I cannot be here after 2 Mr. DOMENICL I am not going to The PRESIDING OPFICER. Without j

o' clock tomorrow.

disagree. to put it all over. I hate to be objection,it is so ordered.

I do not intend to hold everyone up. obstreperous, but could the Senator move If we could agree. If nothing more, that it au 15 minutes up? That is all. I wi!!

LIMITATION ON LEADERSHIP TIME by 2 o' clock. we will finish concurrence take my chances. And then vote 15 min-TOMORROW and veto votes. I shall agree right now. utes later than the Senator provided.

Mr. McOOVERN. The Senator from Mr. ROBERT C. BYRD. Instand of Mr. ROBERT C. BYRD. Mr.Tresident.

New Mexico is asking for something I 10:30,10:457 if the distinguished minnrity leader is am agreeing to. I am willing to accom-Mr. DOMENICL Yes. I am the one agreeable. I ask unantmann conant that modate him.

taking the chance of getting my amend-the time of the two leaders on tomorrow Mr. DOMENICL I agree. How about mentin on time.

belimited to 1 minute each. -

that?. Can we put it over. Mr. President?

Mr. ROBERT C. BYRD. It could mean Mr. BAEER. Mr. President. I have go I shall agree right now that we can do then that the vote on the amendment objection.

just, what we want if the leader will by Mr. Emnrant would occur at 10:15.

He PRESIDING OFFICER. Without propound a request putting it over in

• Mr. KENNEDY. Dat is Sne.

objection. itis so ordered.

the sequence he talked about, but that Mr. ROBERT C. BYRD. Mr. President.

Mr. ROBERT C. BYRD. I thank the concurrence and/or veto amendments I ask unant=a= consent that when the distingutahad minority leader.

~

will have been voted on by 2 o' clock to-Senate completas its business today it i

morrow on this b1H.

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stand,in recess until the hour of 9:15 ORDER OP PROCEDURE'IOMORROW Mr. ROBERT C.* BYRD. 'Itat 1s a!! tomorrow morning, that at the hour of right with me, but I think the minority 9:45 the Senate resume consideration of Mr. ROBERT C. BYRD. Mr. President, t

leader has some difficulty with that, the amandmant by Mr. KawwsnY. with I ask unanimous consent that the debate I

Mr. BAKER. That is a slightly differ-a vote to occur thereon at 10:15. and on the amendment by Mr. Kawwsnr re-ent request than what I heard before. that upon the disposition of that amand-sume at 9:35 a.m. tomorrow, with 10 l

Mr. President. I think we agreed on the ment there be 15 minutes on the amend-minutes under the control of Mr. HART, amendments dealing with veto matters. ment by Mr. McGorsaw, equally di-30 minutes under the control of Mr.

I am not averse to putting a deadline of vided. in accordane* with the earlier Snarsow, and that the vote on the 2 o' clock tomorrow on provided that it statement.

amendment by Mr. EzwwsoY occur then is clearly understood and we have a Mr. BAKER. Reserving the right to. at 10:15.

good. faith agreement on both sides that object, Mr. Prquident, just for a moment, no PRESIDINp OFFICER. Without if there are other amendments, we will within the framework of this request objection.16 is so ordered.

not be blocked in-there is no limitation on amendments Mr. ROBERT C. BYRD. So that allows Mr. DOMENICI. So long as we are that might be odfered at any time with 40 minutes for debate on the amendment.

ready to vote and voting by 2 o' clock.

moset to veto.

yield?

Mr. BAEER. Will the majority leader Mr. ROBERT C. BYRD. 'Ibe agree-Mr. DOMENICL I thought the leader l

ment is all right with me. Mr. President, was not going to dispose of any addt-Mr. I'.OBERT C. BYRD. Yes.

I doubt that it wiu occur, but there might tional amandments, but was going to I

I be more amendments on that subject odd that we wiu have considered all ORDER OF BUSINESS than can be accommodated in that period amendmants on the subject of concur.

of time.

rence or veto by 2 o' clock p.m. tomor-Mr. BAKER. Mr. President, can the Mr. BAKER. That is tme. Mr. Presi-row afternoon?

majority leader advise as to whether or dent. and if tbe majority 1**dar will yteld Mr. DmwRT C. BYRD. I think I not he expects any more rollcall votes to me, I am willing to take that risk. would take it that is the guid pro quo we this afternoon?

Just as a matter of principle. I was not are operating on, so I include that in my Mr. ROBERT C. BYRD. No. I do not.

Mr. BAKER. I thank the majority ready to agree to a unanimnus eanaant request.

- tender.

request that there win be no further Mr* DOMENICL It la not, h amendments on this subject. By this Mr. HART. Mr. President. I wish to collcquy and otherwise, people should be Mr. ROBERT C. BYRD. Sine qua non. thank the majority leader for his Sne on notice that if there are other amend-Mr. DOMENICL It is the best I can cooperation, as usual. in arranging this ments-by the way, we do not know if get, difBcult schedule.

there are. If there are, somebody ought Mr. BAK1tp Reserving the right to Mr. ROBERT C. BYRD. The Senator to let us know so we can try to schedule object, another cavest is the proposition is most generous. I thank him for his them as soon as possible.

I put to the majority leader a moment Sne cooperation and courtesy, which are If I have the assurance of the major-ago, that is, that he will assure me we always characteristic of him.

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