ML19320C370
| ML19320C370 | |
| Person / Time | |
|---|---|
| Issue date: | 06/16/1980 |
| From: | Ahearne J NRC COMMISSION (OCM) |
| To: | Frey J OFFICE OF MANAGEMENT & BUDGET |
| References | |
| NUDOCS 8007160716 | |
| Download: ML19320C370 (7) | |
Text
-
f d,!au:
UNITED STATES NUCLEAR REGULATORY COMMISSION o
O E
WASHINGTON, D. C. 20555 ISSION i\\
}
ccagggPORD W cn June 16, 1980 CHAIRMAN Mr. James M. Frey Assistant Director for Legislative Reference Office of Management and Budget Executive Office of the President Washington, D.C.
20503
Dear Mr. Fre'y:
This is in reply to your request for the Nuclear Regulatory Commiusion's (NRC) views on Department of Energy (DOE) legislative proposals regarding the exten-sion of NRC licensing authority over certain DOE facilities for radioactive waste management.
DOE's proposed extensions of NRC licensing authority are in some respects inconsistent with the Commission's proposed legislative language which was recently provided in response to your request.
f ccordingly, for the reasons discussed below, we do not support DOE's proposals insofar as they are inconsistent with the Commission's recommendations.
' DOE proposes to extend the NRC's licensing authority over certain DOE waste management facilities as follows:
1.
Subsection 202(3) of the Energy Reorganization Act of 1974 (ERA) would be j
amended by striking out the phrase "high-level" qualifying radioactive waste. This amendment would have the effect of extending the NRC's licens-ing authority to DOE facilities used primarily for the receipt and storage of transuranic contaminated (TRU) and low-level radioactive wastes resulting from activities licensed under the Atomic Energy Act of 1954.
2.
Two new subsections would be added to Section 202 of the ERA to explicitly extend NRC licensing authority to new DOE facilities for the disposal of TRU and new burial grounds for non-defense low-level radioactive wastes generated by DOE.
3.
Section 202 of the ERA would be amended to explicitly exclude NRC authority over all other DOE defense program activities.
In NUREG-0527 the Commission recommended that NRC licensing authority be extended to new DOE facilities for the disposal 'of TRU and non-t fense low-level radio-active waste. The President's statement of February t, 1980, contains the identical proposal.
In addition, the Commission recommended the establishment of a pilot program to determine the feasibility of extending NRC regulatory authority to certain defense-related DOE waste management facilities on a con-sultative basis.
I have enclosed draft legislation which would implement the 8 0 0 gig g.y
.s
= Mr. James M. Frey President's proposed extensions of NRC licensing authority over government waste facilities in a manner consistent with Commission policy.
DOE's proposals for extending NRC licensing authority are inconsistent with the Neither the Commission, nor Commission's recommendations in several respects.the President, hav to existing DOE facilities used primarily for the receipt and storage of comme cially generated TRU and low-level wastes.have recommended that NRC au only the disposal _ of TRU and non-defense low-level wastes.
exclude DOE facilities used primarily for the receipt and storace of such waste, but would include any new DOE disposal facility for commercially generated TRU non-defense low-level waste even if that facility were not used primarily for that over only new burial grounds used primarily for the dis purpose.
This provision would exclude disposal facilities which wastes generated by DOE.
ands and facilities not used primarily for the disposal of non-These restrictions would be inconsistent with the are not burial r We beP eve the enclosed defense low-level waste.
recommendations by the Commission and tne President.
draft statutory language would implement our and thr. PresidenCs recommended extensions of NRC's licensing authority over certain DOE waste facilities.
Proposed Section 202(b) would limit NRC authority over certain DOE waste facilities to the explicit licensing authority provided by Section 202 proposed to be amended. recommendation that a pilot program be established to d of extending NRC regulatory authority over DOE defense-related waste management activities on a consultative basis. The pilot program would address non-defense However, if successful, NRC licensing might be extended into defense Accordingly, the Commission does not waste.
areas, given appropriate legisaltion.
support this provision.
Commissioners Gilinsky and Bradford do not agree with the above discussion They support related to the DOE-proposed modifications to Section 202 of ERA.
'the DOE-proposed modification summarized in paraoraph numbered 1 above with t They assume additional deletion from Subsection 202(3) of the word "prim They agree with the DOE-proposed two new subsections summarized in paragra numbered 2, again with the word "primarily" deleted from the DOE-proposed Subsection 202(6) and with the proposed subsection broadened to include signifi-cant expansions of existing facilities that are not used solely for the disposal of radioactive wastes generated in defense activities.
Commissioners Bradford and Gilinsky do not agree with the DOE-proposed modific tion, summarized in paragraph 3 above, that v3uld exclude NRC authority ove Rather, they adhere to the Commission's once
-defense program activities.
unanimous position that the principal defense wastes ought to be under NRC (They would exclude defense wastes from regulatory over-regulatory oversight. sight if such oversight would be incompatible with the c 7
s
Mr. James M. Frey.
security programs, but they do not believe this to be a significant constraint.)
Contrary to its earlier approach, the Commission subsequently recommended that a very limited pilot program be established to determine the feasibility of extending NRC regulatory authority over DOE defense-related waste management activities.
That proposed program is, in their view, not of much use for the stated purpose since it does not include defense-related activities, in particular, the large inventories of high-level liquid waste.
In Commissioners Bradford and Gilinsky's view, the regulatory program set out by the Commission in June 1978 before the Senate Committee on Environment and Public Works is a better approach ( a copy of the prepared testimony is enclosed).
Chairman Ahearne notes that the subsequent Commission position was taken following a Congressionally mandated study of extending NRC licensing functions.
t Si cerely,
\\'
t' John F. Ahearne - Draft Statutory Language Proposed by the Commission - Commissioner Hendrie's Testimony - June 14, 1978 9
e 1
4 s
' ' - ^
E g
e 8
,e>
I
- i t
Ef1 CLOSURE 1 t
9 0
0
The following draft legislation would implement the President's proposed exten-sions 'of NRC licensing authority over government waste facilities in a manner consistent with Commission policy.
A.
Affirmation of NRC Authority to License Department of Energy Facili-ties for the Storage of Spent Fuel Strike Section 202(3) of the Energy Reorganization Act of 1974 and substitute in
~
lieu thereof:
(3)
Facilities used primarily for the receipt and storage or disposal of high-level radioactive w'astes resulting from activities licensed under such Act, including spent fuel generated in ppwer reactors licensed under such Act and spent fuel generated in foreign power reactors and transferred to the United States under a subsequent arrangement authorized under such Act.
B.
Extension of NRC Authority to the Licensing of New DOE Facilities for the Disposal of Transuranic Waste Section 202 of the' Energy Reorganization Act of 1974 is amended by adding the following new paragraph:
(5)
New separate facilities authorized after [ insert date of enactment of the licensing extension Act] for the disposal of radioactive' transuranic waste 1
resulting from activities licensed under such Act or generated by the Department of Energy.
C.
Extension of NRC Authority to the Licensing of New DOE Facilities for the Disposal of Nondefense low-level Waste f
e
4 2
Section 202 of the. Enersy.R..eogranization.=Act of.1974 is amended by adding the
.u...
s. :.
following new paragrap.h.:,.
g_.
(6)
New separate. facilities a. uthorized after [ insert date of enactment of the e
licensing extension Ac,t]-for-the disposa1=of low-level radioactive waste resulting from. activities licensed un. der..such Act.or. ge.nerated by the Department of Energy, I
except for low-level wastes generated as a result of national defense programs.
s..J.n v i g r ily ~.': :ne rst s i r
. n-;
~
~.
- c....n....
~..
..,,,..,..4 e
.J I<
es ' I 5'
l)s b s]denI $ Irb bC$7.67.E 3 'J*,bo.'*i[ h..
I 'j #. '
E 4..
.g.
-.= *. *
..J.
...g
.v-r"...
?..
2.
e gb
- Ci
. 'J I
.J
^ d '. i l i "l,i O E [. U ~. I{ T i 2 ' ~ d N.O T,
.2
~
- ti l
'. I _,,.
4.
1 i. s 6 a e
.e l
l l
/.e Y
I
.....,a-
- ' *~~
.. ~,. J.
eee 3
0,
{.
-f',.
== s e b 8,*
T...
L 69 G
.,,,, g e,w pp.
2..
a w a. l e.
...J o s b
P
?.
\\
.-a.-
.....s s; s m
n-,
.~-
e
,,.7.'1*
4.*
',1 ".*h.#*.
.$. (
- Y. E.e
. j*
e
, ~e b
s.
m...
e-ENCLOSURE 2 O
6
[
e O
l t
- -~~-,-
=" ' " " ' ' 7",
.o__..__
- =
s
+
~
STATEMENT 'OF DR. JOSEPH M,. HEND3IE, CHAIRPAN UNITED STATES NUCLEAR REGULATORY COMMISSION l
i EEFORE THE SU3 COMMITTEE ON NUCLEAR REGULATION COIGiITTEEON(ENVIRONMENT.ANDPUBLICWORKS UNITED STATES SENATE WEDNE,SDAY, JUNE 14, 1978 Mr. Chairman and members of th'e Subcommittee, I would like to begin by thanking you for this opportunity to discuss legis-lative approaches to the. critical issue of nuclear waste management.
Accompanying me today are Commissioners Gilinsky and Brad. ford.
As a prel'iminary observation I would like to express the i.
1 Commission's view that the present statutory framework for
- n:
regulating the waste management aspects of nuclear activities
..in the United States could be c:nsiderably improved.
Federal agencies responsible for waste management must have clear legal authority.to take whatever steps are necessary to continue to protect the public health and safety.
Therefore, we believe that legislative chan5es in the Atomic Energy Act and Energy Reorganization Act would be cesirable to ensure that waste management practices are regulated in accordance
.i~th a consistent set of standards.
w NRC's Present Regulatory,:,u h0TitV Over Raste Eefore ;i p p i G Q F y y. M T $y5%$%5 @ pi W F.% sals,being con-UCD CHAb.
ered ~
DUPLICATE DOCUMENT provide some.
Entire docur ant previously j
- g; 73 12: (;-
entered into system under:
9 ANO O
0 I
No. of pages:
hb
. -.. 2: -
&& WAR"2#""
-