ML19340D958
| ML19340D958 | |
| Person / Time | |
|---|---|
| Issue date: | 12/02/1980 |
| From: | Stoiber C NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Fitzgerald J NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| Shared Package | |
| ML19340D955 | List: |
| References | |
| SECY-80-366, NUDOCS 8101050631 | |
| Download: ML19340D958 (70) | |
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{3d UNITED STATES
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-j NUCLEAR REGULATORY COMMISSION n
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WASHINGTON, D. C. 20565 e
$l December 2, 1980 NOTE TO:
Jim Fitzgerald FROM:
Carl Stoiber
SUBJECT:
CURRENT LEGISLATIVE MATTERS The following three items represent currently active NRC-related legislation.
The first is the FY 1981 Authorization Bill, S.
2358/H.R. 6628.
OCA tends to think that this bill will not be enacted in this session and that we may, in fact, not have any authorization legislation for FY 1981.
The second item, H.R.
8378, is a waste management bill in the form of a substitute introduced by Congressman Udall, which will be acted upon, if at all, within the next few days.
If the measure does not pass this session, it will undoubtedly be revised in the next Congress.
Item three, SECY-80-366, is a Commission paper setting forth all tentative legislative initiatives which the Commission may wish to consider submitting to the Congress.
Because of the absence of an NRC Chairman, this paper is now in limbo and I would not expect action upon it until a new Chairman is selected.
The fourth legislative item under development is legislation to provide financial assistance to the Commission's resident in-spectors.
We have not completed work on our memorandum dis-cussing objections, but will forward it to you when it is com-pleted (Martha Torgow is lead attorney on this effort).
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OGrrr Coxonr.ss i HOUSE OF REPRESENTATIVES i md.'9t> s fdSession I
% 900 Parrr 2 AUTIIORIZING APPROPRIATIONS FOR THE NUCLEAR REGULATORY CO313HSSION Jcst 24,IDSO.-Committed to the Committee of the Whole IIouse on the State of the Union and ordered to be printed
,y 3tr. STAccr.ns, from the Committee on Interstate and Foreign Commerce, submitted the following 4
REPORT together with I
ADDITIONAL, AfINORITY, AND
.h SUPPLEMENTAL VIEWS f$'
[To accompany II.R. 602S]
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[ Including cost estimate of the Congressional Budget Office]
The Committee on Interstate and Foreign Commerce, to whom was 3
referred the bill (II.R. 600S) to authorize appropriations to the j
Nuclear Regulatory Commission in accordance with Section 201 of
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of the Atomic Energv Act of 1954, as amended, and Section 305 of the e
l Energy Reorganization Act of 10M as amended and for other pur-3 poses, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.
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44 The amendment to the bill, as amended by the Committee on Interior 1
and Insular AfTairs, which was referred to the Committee on Inter-M state and Foreign Commerce is as follows:
MM Strike out all after the enacting clause and the amendment inserted M
the Committee on Interior and Insular Affairs, and insert in lieu t icreof the following:
4; TITI.E I, AUTIIORIZATION OF APPROPRIATIONS FOR FISCAL j
YEAR 1981 i
Sec.101 (a) There is hereby authorized to be appropriated t,o the Nuclear f
Regulatory Commission in accordanca with the provisions of section 261 of the
- 4 Atomic Energy Act of 1954 (42 U.S.C. 2017) and section 305 of the Energy gg Reorganization Act of 1974 (42 U.S.C. 5875), for the fiscal year 1981 the sum of 7' '%
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$477.000.000 to rrmain cra11alle until expended. Of the total amount authorized to ta appropriated :
estab!!ah a Thret. Mile Island ad (1) not ruore than $77,555,000 may be ur.ed for " Nuclear Reactor mendaUons to, the Commlaston e Regulation";
the Three 3111e laland nuclear ren (2) not more than $53,850,000 may be used for " Inspection and' Committee Act (86 Stat 770) sha Enforcement";
of such panel. Such panel shall(
p) not more than $16.3fdUW) may be used for " Standards Derclopment"t mission as follows:
(4) not tnore than $13,GN),000 may be used for " Nuclear 31sterials and (1) Three members shall 1 Safeguards";
agencies of State government (5) not Research,more than $228,228,000 may be used for " Nuclear Regulatary (2) Three members shall 1 local government authorities,'
(6) not more than $18,501.000 may be used for " Program Technical Sup-reactor.
port"; and (3) Three members shall :
(7) not more than $38,057.000 may be used for " Program Direction and the scientine community' ha and Administration",
.(4) Three members r i
(b) From sums appropriated under s'1bsection '(a), the Nuclear Regulatory principe.1 place of residence 1 Commission may not ob!! gate for a purpose listed in subsection (a) an amount rea ctor.
in excess of $500,000 of the amount authorized by such subsection for such The Commission shall consult n purpose. nor may the Commission obligate for such a purpose an amount of act1rities and related activities :
$!O3.000 of the arnount authorized for such puropse unless the Commission has with respect to the Three 3nle ls!:
provided a notice to the Committee on Interior and Insular Affairs and the Com-(b) The Commission, acting mittee on Interstate and Foreien Commerce of the House of Representntives and
. Safeguards, shall furnish the Th thi Environment and l'ublic Works of the Senate containing a full and complete advice and assistance as the panel statement of the action proposed to be taken and the facts and circurnstances
-(c) The Three Mile Island Ads relicd upon in support of such prorored action and-of the Nuclear Regulatory Comm (1) a pmiod of thirty calendar days (not including any day in which agreed to by two-thirds of the L Either House of Congress is not in ses= ion because of any adjaurnment of
. notice therof to the Commisslon.
more than three calendar days to a day certain or an adjournment sine die)
(d) Members of the panel sbr has passed after receipt by ti.e Committee of such notice, or homes or regular places of busine (2) each such Committee han. before the expiration of sneh period, trans-members of the panel shall be all, Initted to toe Comrnission a written notification that there is no objection to
. ernment service are allowed expt of subsistence, in the same manr the proposed action.
Sm 100. Notwithstanding section 105 of the Atomic Energy Act of 19M, if an States Code.
I application for an operating license under section 103 or 104b of such Act was SEc.106. Soms appropriated ftled before the date of the enactment of this Act and if an antitrust review has cooperative nuclear research prog been requested pursuant to section 105 of such Act with respect to the issuance expenses assoelated with those of such license, the Nuclear Regulatory Commission shall use amounts appro-section 3017 of the Revised Statu priated under this Act to continue and complete its proceedings concerning the until expended.
issuance of such operating license notwithetanding euch antitrust rev'e'v and mar Sec.107. From appropriations Issue such operating license in advance of consideration of. and findings with section 101(a), the Commission !
respect to, the matters covered in section 105 of the Atomic Energy Act of IEl.
ment sums for salaries and em Any such license so !ssued shall contain such conditions as the Commission activities for which such appro-deems appropriate to assure that submuent findines and orders of the Com-sums so transferred may be Ine mision with respect to such matters will be given full force and effect.
which the sums were transferred.
Sec.103. The Nuclear Regulatory Commission shall use such funds as may be Sec.108. Notwithstanding ony nee:ssary frotn amounts appropriated under section 101(a) to resume and make payments under this Act st complete proceedings on the Generic Environrnental Statement on Mlled Oxide amounts as, are provided in adrant Fuel (CESMO) which were terminated pursuant to the order of the Commission dated December 23,13M.
Sec.108. From sums appropriated to the Nuclear Regulatory Comm!ssion under section 101(a). the Comnaission shall obligate not more than $500.000 to conduct H.R. 6028, as reported by-a study for the purpose of submitting to the Congress recommendations for derdoping statistically valid data on the long-term health effects, if any, of thorization of funds for Yi:
l tmployment in the nuclear power industry. The report transmitting the 990,000 for the salaries ani recomtnendations shall-
,gg, (1) indicate the types of medical h! story information and radiation ex-author 11at. ions and requires d posure histories for employees in the nuclear power industry which are now available t (2) indicate the additional information which is needed to relate the
, LEc1sL medical histories of such empInyees to the histories of their radiation ex.
g posures and to assess the health effects of their employment; and On February 20,1980, th, (3) recommend whether the Commisalon or another Federal agency should be required to develop the needed data on such health effects.
Cotntnission, John F. Ahear The report *att be mhmitted to the Congress within six months of the date of legislation author 12mg apprt thunactment of this Act.
Years 1981 and 1952. (Execi Em 101 (a) From the amounts appropriated under section 101(a), the after, on February 26,1980, C Nucirr Regulatory Commission shall use such sums as may be necessary to D[w w[DTTf" w
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est'.blish a Three 31!!e Island advisory panel to consult with, and make recom-mendations to, the Commlasion on matters relating to.the dNontamination of th2 Three 3ffle Island r.uclear reaqtor. The requirements of the Federal Adrimry Cornmittee Act (h6 btat 770) shall'not apply to the establishment and oWrntien cf such panel. Such panel shall consist of twelve members selected by the Com-mission as follows:
(1) Three members shall be apppointed from among persons representing ageneles of State government in the State of Pennsylvania, (2) Three members shall be appointed from among persons representing local government authorities in the-vicinity of the Ttiree Mile Island nuclear reactor.
(3) Three members shall be appointed from among persons representing the scientific community, and
.(4) Three members shall be appointed from among persons having their principal place of residence in the vicinity of the Three 31tle Island nuclear reactor.
4 Tha Commissian shall consult with the panel concerning all decontamination tetivities and related activities authorized, or carried out, by the Commission with respect to the Three 3111e Island nuclear reactor.
(b) The Commission, acting through the Advisory Committee on Resetor Safeguards, shall furnish the Three 3!11e Island Advlsory Panel such technical cdrice and assistance as the pcnel may request to entry out its dut!es.
'(c) The Three Mile Island Advisory Panel shall meet twice s year at the call cf the Nuclear Regulatory Commission. The panel may also meet at any time as (greed to by two-thirds of the members of the panel and upon submission of notice therof to the Commission.
J (d) 3Iembers of the panel shall serve without pay. While away from their 4
b:mes or regular p! aces of business in the performance of services for the panel, numbers of the panel shall be allowed travel expenses, including per diem in lica j..
(f subsistence, in the same manner as persons employed intermittently in Gor-
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- e ament service are allowed expenses under section 5703 of title 5 of the United St*tes Code.
Src.100. Sums appropriated to the Nuclear Itegulatory Commission for cooperative nuclear research programs may be retained and used for salar'es and Gzpenses associated with those programs notwithstanding the provisions of section 3017 of the Revised Statutes (31 U.S.C. 4&l), and shall remain available
'y until expended.
Soc.107. From appropriations to the Nuclear Regulatory Commission under section 101(a), the Commission may transfer to other agencies of the Govern-4 mint sums for salaries and expenses for the performance by such agencies of o
activities for which such appropriations to the Commission were made. The sums so transferre,i may be merged with the appropriation of the agency to which the sums were transferred.
.i Src.10% Notwithstanding ony other provisions of this Act no authority to make payments under this Act shall be effective except tosuch extent or in such cmounts as are provided in advance in appropriation Acts.
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H.R. 6628, as reported by the Committee, provides a one-year au-thorization of funds foi Fiscal Year 1981 in the amount of S477,-
990,000 for the salaries and expenses for the Nuclear Regulatory h(
Commission. It also provides some limitations on the use of such authorizations and requires certain actions in Fiscal Year 1981.
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. LEGISLATIVE BACEGRoUND s
On February 20,19S0, the Chairman of the Nuclear Regulatory I*-
Commission, John F. Ahearne, submitted to the Congress proposed legislation authorizing appropriations for the Commission for Fiscal
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Yeatt 1981 and 1952. (Executive Communication No. 354S). There-citer, on February 26,19so, Congressman Morris K. Udall, Chairman
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4 ef the Interior and Insular Affairs Committee, introduced the bill (II.R. 6628) which was referred to the Committee on Interior and Insular Affairs. On April 22, 1980, Chairman IIarley O. Staggers,
. As introduced, H.R. cca Chtirman of the Interstate and Fonign Commerce Committee, re-to the Nuclear Regulatorv q buested the bill be sequentially referred to the Interstate and Foreign tained no amendmen mmerce Committee.
Commerce Committee conn On 3 fay 15,1980, the Committee on Interior and Insular Affairs form of a substitute for the t reported the bill with an amendment in the nature of a substitute.
tion for appropriations to g Fiscal Year IM1. All the it co3nrrrrEE AcrIoN Interstate and Foreign Cmd thorizes appropriations or t On Afay 15,1980, the bill H.R. 6628, as reported by the Interior and how the authorized funds a[
Insular Affairs Committee, was sequentially referred to the Interstate applicability beyond the fiJ and Foreign Commerce Committee. On June 10 and 11,1980, the existing laws.
I Interstate and Foreign Commerce Committee met in open session and H.R. G628, as reporte Amounh Atdhom.ed considered the bill as reported by the Subcommittee on Energy and Power and other amendments after which the Committee, by voice vote, ordered the bill reported.
Comnuttec, authonzes a toto tory Commission for Fiscal the total authorized by the suwuAar or u.a. eens Part of the ditTerence totaf As reported by the Committee, H.R. 6628 authorizes a total of additional expenses which d
$476,990,000 to the Nuclear Regulatory Commission (NRC) for Fiscal the fiscal rear to reimburse i Year 19S1, with specific line item delegations of funds for certain technical' assistance to the h
. program limits, to enable it to absorb all t:
The bill limits the Commission's authority to reprogram funds various reviews of the accid; cuthorized for a specific line item by an increase or decrease in excess actor. This technical assistant of $500,000 for a period of 30 calendar days, excluding any day in ment of Energy's national ir[
which either House is not in session because of adjournment of more Commission's difficulty in than three days or an adjournment sin, die, after notifying the ap-these recommendations infe propriate Committees of Congress, unless each committee has trans-represents the action taken Ic mitted a written notice stating it has no objection to the proposed mittee to reduce the Commil cetion.
of 2 percent, reflecting that i Section 102 of the bill authorizes the Committee to continue and ing be reduced and its belieft complete any proceeding concerning the issuance of an operating must share the burden. The!
license for any pending applieation filed before the date of enact-mittee, however, notes that i ment of this Act in advance of consideration of or findings with historically been underfunds respect to matters covered in Section 105 of the Ato nic Energy Act, and Insufar Affairs Comm}
The bill also directs the Commission to resume ar d complete pr*
this Committee believes tha; i ceeding on the Generic Environmental Statement on 3 fixed Oxide ance and present circumstant.
Fuel (GES310), which were terminated by the Commission,in 1977.
given the funds needed to H The Commission is directed to conduct a study for submission to maximum protection of the 1 valid data on the long-term health effects,if any, of employment m Interrenor Funding th3 commercial nuclear power industry.
This Comm.ttee ajso notc*
A Three 3 file Island Advisory Panel is established for the purpose i
cf consulting with, and making recommendations to,the Commission and Insular Affaira Comnu(
on matters irlating to the decontamination and clean up of the dam.
any funds appropriated pm}
rged Three 3 file Island nuclear power plant.
son intervenmg m any n
The bill authorizes the Commission to retain moneys received for of such mtervention.
cooperative research programs for salaries and expenses for such pro-
- 8. request for $500,000 to I q grams and to transfer sums from salaries and expenses to other gov.
sion proceedings. An nmeim, srnment agencies which perform work for which the appropriation mittee and Committee mard was made.
on each occasion. The =
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I' CoMMrrrEE COMMENTS
. As introduced, H.R. 6628 provides for the authorization of funds to the Nuclear Regulatory Commission for Fiscal Year 1981. It con-l tained no amendments to existing law. The Interstate and Foreign Commerce Committee considered and reported an amendment in the form of a substitute for the bill which simply provides an authoriza-tion for appropriations to the Nuclear Regulatory Commission f,r j
Fiscal Year 1981. All the provisions of the bill, as reported by the i
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Interstate and Foreign Commerce Committee, either specifically au-thorizes approJ,iriations or provides limitations or directions as to how the authorized funds are to be spent and nothing in the bill has
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applicability beyond the riscal year. There are no amendments to existmg laws.
Amounts Authoriud H.R. 662S, as reported by the Interstate and Foreign Commerte Committee, authorizes a total of $476.990,000 to the Nuclear Regula-J tory Commission for Fiscal Year 1981 which is $18,359,S00 mom than the total authorized by the Interior and Insular AtTairs Committee.
l Part of the difference totalling $8,500,000 represents unanticipated additional expenses which will be incurnd by the Commission durirg i
the fiscal year to reimburse the Department of Energy for providing technical assistance to the Nuclear Regulatory Commission in order to enable it to absorb all the recommendations resulting from the various reviews of the accident at the Three Mile Island nuclear n-actor. This technical assistance is primarily being provided by Depart-j ment of Energy's national laboratories, and is required because of the 1,
Commission's difliculty in neruiting qualified employees to implement l
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these recommendations internallv. The remainder of the difference i
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represents the action taken by th'e Interior and Insular Affairs Com-3 mittee to reduce the Commission's budget by an across-the-board cut g
of 2 percent, reflecting that Committee's concern that Federal spend-ing be reduced and its belief that the Nuclear Regulatory Commission must share the burden. The Interstate and Foreign Commerce Com-i mittee, however, notes that the Nuclear Regulatory Commission has historically been underfunded, and thus, while it shares the Interior a
i and Insular AtTairs Committee's concern about Federal spending, I
this Committee believes that, given the Commission's past perform-ance and present circumstance,it is important that the Commission be
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given the funds needed to carry out its responsibilities to insure the maximum protection of the public health and safety.
i Intervenor Funding
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This Committee also notes that the bill. as reported bv the Interior
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and Insular AfTairs Committee, contains a prohibition on the use of l
any funds appropriated pursuant to this Act to compensate any per-of such intervention.y Commission proceedine fer any part of the cost son intervenmg m an The Commission's budget submission included a request for $500,000 to provide funding to interrenors in Commis-sion proceedings. An amendment was introduced in both the Subcom-mittee and Committee markup of this legislation, and was rejected g
on each occasion. The Committee believes that intervenors serve a i
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to theissuance of the licenw ing prohibitive because of the complicated technical nature of the issues. The Committee, therefore, supports the inclusion of funds to the Committee is merely a J reimburse intervenors for the exh> ands will enable intervenors to raiseenses meurred m such proc Health Efcets of EmN, "M and believes that the use of such q.he Comnu.ttee adoptedf issues in a more timely manner and result in a more expeditious licens-31 trett which directs the G ing process. Two yeam ago this Committee a proved an amend-gress withm six months fra ment containing numerous g,idelines for provi[inhaw,ch essistance, e ntams recommendationq u
su cnd although this amendment was not enacted into the Commit-the long-term health etrectm tee cxpects that the Commission, in establishing guidelines for eligi-nuc. car power mdustry. Urd bility, will consider the limitations of that amendment and incorporate directed to perform an any th; criteria established therein in its eligibility requirements.
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Antitrust Revietes E
g ployees in the industry wh:
The Committee approved a provision offered by Representative additional information wm Gr mm which authorizes the Commission to use funds appropriated relationship between radia:
pumuant to section 101(a) to issue operating licenses to apphcants who tory of employees, and to r hm filed for such a licer.se before the date of enactment of this Act in be equipped to develop the cdvance of consideration of or findings with respect to mattera covered between the exposure and in section 105 of the Atomic Energy Act.
would be confined to develo Section 105 of the Atomic Energy Act requires the NucIcar Regula-tionship between radiatier tory Commission to submit a copy of any application for a construction experienced by employees v permit or operatinglicense for any production or utilization facility to sector of the nuclear poweu th3 Attorney General for advice to determine if the issuance of such is to establish if sufficient i l
license appears to violate or to tend towards the violation of an formation is such records i-trust act of or to restrict free competition and free enterprise.y anti-If the with the worker's subseqm i
Athrney General determines that the issuance of the license may have an existing capability to es an cdve.se antitrust aspect, the Commission is authorized to hold a between radiation exposure:
hearing, provided that such a review in regard to the, issuance of an g> crating license shall not be held unless the Commission determmes Three.!Ille Island Adriw m:t such a review is advisable on the grounds that significant changes The Comm.ittee approve in the licensee's activities, or proposed activities, have occurred subse-(; ' tj,',5j,abJiji
, h quent to the previous review.
to the decontaminat. m m
f Pasently, an application is pending for a utilization facility in ion aq Tczas in which an antitrust review is m progress, and it is possible Three Mile Island nuclear [
th:t the operating license may be delayed because the antitrust review visory Group is to consist.
is not complete, although th~ere are numerous additional issues not sentmg the local commumtj rehted to antitrust matters which am also in dispute. In order to avoid Pendent scientific communij the possibility that the operating license might be delayed, the Com-Tlm Con Advisory I;mittee intend mittee adopted an amendment wh'ich is effective only for the fiscal year and which authorizes the Commission to issue such a license even thorized to be appropriate $,
though the antitrust re' view has not been completed. This amendment s:rictly, voluntary and the j s was offered as a clarifving amendment, in that section 105 does not rmttee intends, however, thg,'
specifically require that completion of the antitrust review could be reimbursed for expenses ($
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direct result of a formal completed after the issuance of the license by specifically providing that the Commission make a finding not simt y as to whether the h-quires that the Advisory (S il p
and techm. cst fmn the censed activities would create but also maintain a situation inconsistent "EU" "S" with the antitrust laws. Moreover, section 105(c)(G) directs the Com-eal assistance l
l mission to not only consider whether the license should be issued, but Panel to make unreas l
also whether it should be continued. and also authorizes the Commis-ferfere with ACRS s fulfi ston on the basis of its findings to"... continue wherelicenses applied for... to rescind a license or amend it." Thus, as the Act directly F.
authorizes corrective actions after the license is issued. it is clear that the completion of the antitrust review is not a condition precedented On February 29,1950. tl.
a hearing on the Nuclear y 4
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7 to the issuance of the license, and therefoir, the amendment adopted by the Committee is merely a clarification of existing law.
Ilealth Efects of Employnwnt in the NuclearIndustry i
The Committee adopted an amendment oilered by Representative Motrett. which directs the Commission to submit a report to the Con-gress within six months from the date of enactment of this Act which I
contains recommendations for developing statistically valid i.ta on the long-term health effects, if any, ot employment in the commercial I
nue; ear power industry. Under tlus amendment, the Commission is not directed to perform an analysis of the long-term health effects, but is instead required to catalog by type the nature of the information re-t garding the medical history and radiation exposure history of em-j l
ployees in the industry which is presently availabic, to identify what
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3 additional information would be needed to determine if there is any relationship between radiation exposure and subsequent medical his-j j
tory of employees, and to recommend what federal agency would best 1
be equipped to develop the needed data to determine the relationship f
j between the exposure and the subsequent health effects. This report I
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would be confined to developing a mechanism for determining the rela-l
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1 tionship between radiation exposures and subsequent health effects 1
experienced by employees who are directly involved in the commercial sector of the nuclear power industry. The purpose of this amendment j
is to establish if sufficient records are being maintained, and if the in-formation is such records is being periodically reviewed and compared
/pl with the worker's subsequent medical history to determine if there is cn existing capability to evaluate the potential for causal relationship t
between radiation exposures and subsequent adverse health affects, Three JIile Island Advisory Panel The Committee approved a provision offered by Representative Moffett to establish a Three Mile Island Advisory Panel to consult I
r with, and make recommendations to, the Commissiori on matters related to the decontamination and clean up of the damaged reactor at the Three Mile Island nuclear power plant. The membership of this Ad-visory Group is to consist of not more than twelve individuals repre-senting the local community, state and local government, and the inde-
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pendent scientific community.Tiie Committee intends that the etablishment and activities of the p
g Advisory Panel will have a negligible impact on the uco of funds au-
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thorized to be appropriated by this Act. Membership on the panel is s:rictly voluntarv and the members will serve without pav. The Com-a
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mittee intends, however,that the panel members would be ' eligible to be reimbursed for expenses (such as travel, room and board) incurred as a direct result of a formal advisory panel meeting. Subsection (b) re-quires that the Advisory Committee on Reactor Safeguard (ACRS),
upon request from the Advisory Panel, provide the panel with advice and technical assistance.The Committee does not expect the Advisory Panel to make unreasonable requests of the ACHS or in any way to in-terfere with ACitS's fulfillment of its existing responsibilities.
IIT.ARINo On February 22,19S0,the Subcommittee on Energy and Power held a hearing on the Nuclear Regulatory Commission's authorization tv-
8 est for Fiscal Year 1981. The Chairman of the Nuclear Regulatory The aut! or.ization >cri mmission, John F. Ahearne, testified,togetherwith Commissioners Victor Gilinsky, and Richard Kennedy. They wem accompanied by p sedfiscalycar1981 ud; William J. Dirks, the Commission's Acting Executive Director for 3 A,u '.
Oper stions and Director of Nuclear 3hterials Safety and Safeguards; Carlton C. Kammerer, Director,05cc of Congressional AtTairs; Ieon-General Counsel; and Harold Denton, Director of the crd Bickwit'elear Reactor Regulation; Robert 31ino Office of Nu Director of the 05cc of Standards Development; Robert J. Bud
, Director of stad dieat 3"5*"
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5" the Office of Nuclear Reactor Research; and Victor Stello, Director of the 05,cc of Inspection and Enforcement.
Ef,"J' gg'ga7,G.tm In his prepared statement, Chairman Ahearne noted that the au-t=ummda=tansaaedm thorization request for Fiscal Year 1981 amounted to an increase of somi.t.
en-a taw $-
$93,715,000, or about 25 percent over Fiscal Year 1980. The budget re.
quest would provide funds for 3,390 permanent positions and some Tar -
temporary employees and consultants. The request, which was formu-lated before most of the reports on the accident at the Thrre 31ile P.
Island nuclear power plant were completed, did not fully incorporate many of the costs for implementing the recommendations contained 0'" 0F '
in those reports. Since the formulation of the budget and its submis-sion to Congress, the Commission had determined that an additional The Commission has rt
$8,500,000 would be needed to implement various recommendations.
.for the Office of Nuclear 3fost of this money would be spent to reimburse tl e De artment,of 832,000, or ap roximatel 3
Ene
,for techmcal assistance provided by the national aboratories thorized including a sui with is assistance bemg tr utred because of the Commission's m-Year 1930 tbility to attract qualified emp oyees in the present competitive market.
A comparative stunmai The Commission requested a personnel merease of 296 full-time Year 1980 and 1981 appe:
positions,146 of whom are presently temporary personnel who have worked for the Commission for a number of years in the clerical and 3Asu s._
lower grade positions, but who as such have not been eligible for health benefits, life insurance or retittment.
AITTIIoRIZATION REQT*EST g
Personnel benents The Nuclear Regulatory Commission's budget requests for Fiscal Par== =wt Year 1981, as submitted to Congress on February 20,1980, is for U*I"'"' *'"'
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$468,490,000, which is $93,715.000, or approximately 25 percent greater T*I d$-
than the Fiscal Year 1980 authorization.
I The following tables compare the major categories of the budget ec reauest for Fiscal Year 1980 with the past two vtars.
I The fiscal year 1981 budget requests, in tlionsands, for the major The follow.mg table ind cffices of the NRC are as follows:
would be apport,ioned by.
tractual support) and ho; TAsu 1 MAJOR PROCRA84 OmCES ak*EyYr#N 'a$'Ur'5N
' *NtU i
l2d"O"At"..
T:M
%:M 9:M Program direction and admimstration
'h
- 8,057
',057
$$bh"'"'.'!"".".'.'."
^
30,630 3
38 n pro M
Totst 374.785 468,490 477.990 e
5tsadards asdstam=
~~~
Blaasge actea.
7 *=8 59-006 0 2 I
^
Y i
_ _ _, ~
her 9
The authorization pennanent personnel level requested in the pro-posed fiscal year 1981 budget is as follows :
TABLE 2cPERMANENT PERSONNEL LEvtts foguested, Hacal year 1980 Escal year 1981 Dange Medaar reactor tegulation._ _
722 722 0
Standards deveiopment_
160 161 41
'Inspectma and entorceme.t.
874 947 4 73 hadear matenal safety and safereseet. -
313 335 4 22 hudaar regulatory researctL.
164 178 414 Prog #am techansi suaport.
267 294 4 27
/
Program duectan and admemstisten_
740 753 4 13 Subtotal 3,240 3,390 4 150 146 Cr,nvenen of tempranet 29s Tota -
PROGRAM DESCmFr10N OFFICE or NUCLEAR REACIt)l1 REGULATION i
The Commission has requested a total authorization of $69,385,000 for the Office of Nuclear Reactor Regulation, (NRR) which is C4,-
i 832,000, or approximately 7 percent, less than the total amount au-J thorized including a supplemental authorization House for Fiscal 1
Year 1980.
A comparative summary of NRR's budget requirements for Fiscal i
'i Year 1980 and 1981 appears in Table 3.
TABLE 3.--JtRR*3 BUDGET REQUt3T BY FUNCTION Beguested, Oscal ytst 1980 fbcal year 1981 Dange Pewnet compensation.._
$24,148
$27,2*J0 C+$2 8A2)118. percent increase.
Persennel benem 2,301 2,614 J t313) 13AMrtent increase.
1 Program so% __
30,413 26.073 f+se 34c)14.3-percent decresse.
2 i
Administrative support 15, 850 12,238 J-13,612)29.5 percent decrease.
a TreveL 1, 305 1,230 11. percent decrease, i
t Equipment Total obligntiont.
74,217 69,385 7 percentdecrease.
i f
Penannel 722 722 No chspre, l
The following table indicates how the requested funds,in thousands, e
would be apportioned by program support functions (primarily con-tractual support) and how personnel would be allocated by function.
s
-r 4
TABtt 4. -NER 3 BUDGIT REQUEST BY PROGRAM 1
3 Estimsted Fiscal year 1930 thcal year 198i Operating reactors 58, 873 (229) 59,770 (252)
,j Systematic evaluatson of operating reactoo 1, 3 73 (32) 950 (32) g Caseweek...
11,185 (170) 6,888 (IE2) l Techascal peciects 7,740 (226) 7, 415 (187)
Advsaced reartors 1, 315 (5) 1, C50 B)
' f, 3
t 0 (11) 0 5}
l Standards awstave.
0 (28) 0 i
I Treimag and correspondente.
0 (21) 0 23) d kaugement duettion.
Total.
30,413 (722) 26, 073 (722) v h
ss-oos o 2
.I
_ _. m 10 The Omce of Nuclear Reactor Regulation (NRR) authorizes the Tho 05cc of Standards '
const ruction and licenses the operation of nuclear power reactors, proc-the technical legulations esses and issues license amendments and refuehng applications, studies regulations relating to t$
and responds to unresolved generic safety issues and responds to non-commercial uses of s,ecib rout e operating events at nuclear reactors which re<1uite immediate safeguard, health, and envi$
reactors, nuclear fuel facilit-Comm.ittec Action international activities, ano The Committee approved an authorization of $77.SS5.000 for the materials.
Oflice of Nucicar Reactor Regulation for FY 1981. This is $8,500,000
- '#### A##'.#8 sbove the amount initially requested by the Commission for this Omcc in the Commission's bud'get submissiim to Congress, and reflects the The Committee approved anticipated increase in the cost of implementing improvements in the Office of Standards Develo.'
Commission's procedures which have resulted from the studies of the accident at the Three Mile Island nuclear reactor. These additional orrics orim costs were anticipated after the Commission formulated and submitted its budget to the OEce of Management and Budget and thus were not The Commission has req-included in its initial submission.
of Inspection and Enforce:
19.7 percent over the Fiscal '
orrrcs or srAxnanos otvtrx>r3rzxr The following table provi of the Omce of inspection a The Commission's request for the 05ce of Standards Development function for Fiscal Year 19 (S. D.) is $16.390,000, which is $S25,000 or 5.3 percent more than the Fiscal Year 1981.
Fiscal Year 1950 authorization.
The following table provides a comparative summary,in thousands, TA8tr 7,-INsPECn0N of the budget requirements bv function for Fiscal Year 1980 and the estimated budget requirements for Fiscal year 1981 for the 0$ce of Standards Development.
TABLE 5.-S. D. BUDGET FUNCTION Personnelcompensation Personnel benef.ts. -
Requested
[str o
~
Fiscal year fiscal year 7,g 1980 1981 Chane Fqvipment _
Persennet compensation...........
$5,723
$5,070 6 2 percent increase.
Totalobliga&n. -
Personnel t>esefits....
544 581 7.2 percent increase.
Progtsm suoport......
7,012 7.i50 2 percent inctease.
P8'30""'I. ---
Gmmistrative soport...
- 2. 0 36
- 2. 347 15.2 percent inctesse, Travel...._.........
250 240 4 percent decrease.
Equipenen'e b.
0 0
The following table indien Totsi.v.otion -
i5,5c5
.is,390 u pmot inue.ie.
would be apportioned by,p Personnel _
160 161
+1.
with personnelallocationsIn f
I
- TABLE 8.-INSPECT!0N a The following table represents the allocation of funds in thousands (primarily contract support) by program with personnel in brackets.
l TABLE 6.-S. D. BUDGET BY FUNCTION I
(l$*d b"' Nr'o r~am. _
ts imites Fiscal year 1930 finest year ts:1 Feel facilities and er,atenal safety program....
fl,'jy'**[p,;g,,,,,,,,,,,,,
kisf(44 E o ~ "c " ~1 = =* ~ # --- - - ;
1995 Power f attilty s*ssdards..........
$1,355 (45)
%"*,:,M'a:::'":nta'..-
Un %
- 2. 000 i3)
- g,g,g _
Safeguards s'sadsrds.....
- 2. 307 14)
(12l O
Internatiocal s*andaros...........
0 (5) 0 IPanagement enrection and suppor' 0 (12) 0 i
Total: -
7.012 (160)
- 7. 150 (151) r)T D
- lDf } @
D AJ M
RL N
'i,
_u
.. c.E +
N*'-'"'
l 11 The OHice of Standards Development is responsible for developing the technical regulations and guides which establish the standards and regulations relatmg to the regulation of nucIcar facilitics and the ccmmercial uses of special nuclear materials. These include safety saftguard, health, and environmental regulations applicable to nuclear, i
i reactors, nuclear fuel facilities, transportation systems, waste facilities, I
international activities, and medical and commercial ures of nuclear j
materials.
Committee Action The Committee approved a total authorization of $16,390,000 for the i
Office of Standards Development for Fiscal Year 1980.
oITICE or INSPECTION AND EM ORCEMEFF The Commission has requested a total of $53,889,000 for the Office of Inspection and Enforcement, an increase of $9,893,000 or almost
[
19.7 percent over the Fiscal Year 1980 budget.
The following table providas a comparative summary,in thousands, hl of the Office of Inspection and Enforcement's budget requirements by function for Fiscal Year 1980 and estimated budget requirements for j'.
8 Fiscal Year 1981.
TABLE 7.--INSPECT 10N AND ENFORCEMENT'S BUCCET BY FUNCTION 4'
Estimated k-nacal year fiscal year 1990 1981 Change
.{
Personnel compensation. -
$24,681 120,643 211 reecent in: tease.
Personnel besef ti.-_ _
2,336 2,34 21.7 powentincrease, P*ogram suoport 5.660 6,692 18.2 r,emect increase.
Admmntrauwe 7, 677 6,213 la.5 petent ineresse.
Trsvet.
3, a55
- d. 520 314re tent incres:e.
t Equipment _
1, 237 3,980 21.9 percent inctease.
.i 4 i'
Total obligation.
44,996 53,8!9 19.7 percent increase.
Personnel _
784 974 +101 4l I
h The following table indicates how the requested funds, in thousands,
[
4 would be apportioned by, program (primarily contractual support) with personnel allocations in brackets.
h jj
.q'
' TABLE 3.-INSPECTION AND EhFORCEMENT'S BUDGET BY PPOCRAM
.l f.
]
di N
Fiscal year 1930 Fiscal yeer 1981 Amount People Amount People I
teactor construction program......
$540 (til
$'.,05
(
'~
teactoc operations program..._
V> dor sad cont' actor program........
615 (237 600
(
180 (29 0
(
ft on recihties and este if=,*mr;:n,;nal safety program -
1, 590 (1
- 2. IC5 (1B4)
,srge;<a::::- -- ---
h5, 1:rd lH}
L e
Laassement direction and support..................
545 (97) 887 (103 Total..-
5, 660 (874) 6, E91 (947) lL l
- t t
'l i
jp st'* "*
l 4
12 The Omcc of Inspection and Enforcement (I. & E.) inspects li-The Osco of Nuclear ?
censees and their contractors to ascertain compliance with Commission licenses and regulates all f regulations, rules, orders and license provisions to insum that the ciated with the processinr licensees am taking required and appropriato actions to protect nu-
' rials including maintenar.
cicar materials and facilitics, the envimnment and the health and and safeguards programs safety of the public. I. & E. also investigates incidents, accidents, alle-monitoring, testme, and i gations and other unusual circumstances.
developing plans for deal This Omce also inspects manufacturers who supply equipment used the domestic and internat; in the construction and operation of nuclear power plants and is re-N3fSS fuel evcle regn sponsible for the safe transportation of nuclear materials and its safe mills, uranium c&nversior use in commercial and medical operations.
storage facilitics, and wa port containers and licen Committee Action and science.
The Committee approved an authorization of $53,889,000 for the OEce of Inspection and Enforcement for Fiscal Year 1981.
Committec Action The Committee approv.
orrier or xectr.An xATERrAL8 BAM"rf AND BAFIXmARDS Osca of Nuclear 31ateri 1981*
The Commission has requested a Fiscal Year 1981 authorization for the OEce of Nuclear 3faterials Safety and Safeguards (N3fSS) of
$43,680,000 which is $11.889,000 or 37.3 percent more than the amount The Commission is req requested in Fiscal Year 1980.
the Osco of Nuclear Re The following table provides a comparative summarv of the budget crease of SM,166.000,or al requirement by function for Fiscal Year 19S0 and" the estimated level for Fiscal Year 19S0 budget requirement for Fiscal Year 1981 for the OEce of Nuclear The following table is :
3faterials Safety and Safeguards.
budget requirements by -
mated budect requiremer.
TAstt s.ausrs succcT sv nacT'"
clear Regulatory Researci tst>ated.
TA8; f980
$ Change Personnel coepensation...
$10,006 til 430 14.2 percent lacrease.
Personnel bene 6ts....
944 037 16.7 perce.it increast Personnel compensation...
37 60 p ner ase.
R'ati m i
9 2' 5 """"'*
e'*O" b---
Ad mitrat we Admimstrative support...
ra Total et$gation 31,791 43,680 37.3 perceet increase, Personnel 313 335, +27 (7 percentirseressek Periennoi The following table indientes how the requested funds,in ihousands, would be apportioned by program (primarily contractual support)
The followingtable ini with personnel allocations m brackets.
would be apportioned b.
with personnelallocation TAsLt 13.4 MSS *S BUDCET REQUEST sY PROGRAli TABL Fiscoi yest 1983 Fiscal yser 1981 Ameent People Amount Pample E
P Femi tycle and matorisi safety..
32.199 (106) 34,250 i
Safeguards -
1, 330 03) 2, Sto Resetor safety reestt*t._
(
treste management..... _ _. _
10,706 (90) 14,835
(
tsvironment and fuel cycle.-
Progrse evalastan and policy managem-a' 0
(19) 100 (19 Waste management Total..
14,a65 (313) 11,745 (335)
N,$',7((s',[n$n't...
Ifs's ge n't a and prog'rsm s pkE
~
e Total..
l
~
C *
- Q
)DT
}
jk an~b.$
oo
I 13 1
The Oilice of Nucicar Materials Safety and Safeguards '(NMSS) licen<cs and regulates all f acilities and materials, except reactors, asso-ciated with the processing, transporting and handlinw of nuclear mate-rials including maintenance of safegimrds. N31SS aTso reviews ~ safety and safeguards programs of all such facilities and materials including monitoring, testmg, and upgrading internal accountina systems and developing, plans for dealing with threats, thefts and saTx)tage at both the domestic and international levels.
N31SS fuel cycle regulatory responsibilities encompass uranium mills, uranium conversion facihties, fuel fabrication plants, spent iud storago facilities, and waste disposal sites. NMSS also certifies trans-
.s port containem and licenses radioisotopes used in medicine, industry s
and science.
,i
'i 3
Committcc Action The Committee approved a total authorization of $43,080.000 for the l
Omec of Nuclear Materials Safety and Safeguards for Fiscal Year 1981.
OFFICE oF NUCLEAR REorTAToRT REsEARCII The Commission is requesting an authorization of $22S.228,000 for the Osco of Nuclear Reguletory Research (RES), which is an in-f crease of $24,1GG.000, or approximately 12 percent above the authorized level for Fiscal Year 19S0.
The following table is a comparative summary,in thousands, of the j
budget recuirements by function for Fiscal Year 1950 and the esti-mated budget requirenient for Fiscal Year 19S1 for the Of! Ice of Nu-clear Regulatory Research.
TABLE Ile8ES BUDGET BY FUNCTION
+
Estimated
}
i Fiscal year fiscal year s
1980 1981 Change h
Personnel co npensation._-
16, 272
$6,900 10.0 percent incresse.
c
' f{
593 662 11.6 percent increase.
Personnel benefes..
186.821 2C7,100 10.4 percent 6ncrease.
t' Program support Administative support....
2,159 2, 686 24 4 percent increase.
y 480 580 20.8 percent meresse.
g Travel.__
7.737 10,300 ILI sercentincrease.
j Equipment... -
Total _
204.062 228,228 11.8 percentincreass.
j-164 178 +14(8.5 percentincrease).
l
[
Personnef _
E' s4 The following table indicates how the requested funds,in thousands, L
l would be apportioned by, program (primarily contractual support) s with personnel allocations in brackets.
M v
TABLE 12.-8ES'S SUDCET 8Y PROC 9 Ant 4'
J 2
e Fiscal year 1980 Fiscal year 1981 h
Amount
..Poople Amount People I
4 Besetor safety research.. -
$157.721 (82) 1159. 300 (424 P
t
- 70. 000 02) 12,200 04)
Environment aed fvel cyde.
86.000 (11) 13,600 05) i
? ;>
Safeguards research.
4, 000 (8) 4, 930 (4) f waste manasement...
8ish essessment..
1,000 0) 4, 500 (34)
'?
200 0) 1,000 0)
Improved rea: tor safety........_ _ _
0 (24) 0 (26) ananagement direction and program support.._
~ 7a Totaf..
186,421 0 64) 237,100 078)
]
=%-
..h
."^~
.g, 1
i t
?
A
., e 1,,.a. 3% Q
. k. ep. AM e..
' #. 3 s
14 The Office of Nuclear Regulatory Research (RES) conducts rescatch ecutive legal Director w to support the licensing and r.gulatory process. It performs work on Executive Directorof Oi analytical methods an l at programs which deve.
mulate regulatory dec$ obtaliis necessary data which is needed to for-isions. It, constitutes the larg
' states, local governments Commissicn and consumes almost 50 percent of the Commission's funds.
of International Progra, tional regulatory and sa Committee Action p ris and exports of nuc The Committee approved an authorization of $228.228,000 for the
['[*,#"$"C in I
Of! ice of Nuclear Reactor Research for Fiscal Year 1981.
I o
7 orries or rnoonut 'rtcuxrcAr scrrorrr l
Committec Action I
The Committec provic The Comm.ission is request.mg an izat. ion of $18,8G1,000 for Program Technical Sup; Program Technical Support, which, author.
is $1,534,000, or 8.5 percent more than authorized in Fiscal Year 1980.
rnoonut n The following table provides a comparative summary,in thousands, cf the budget requirements by function for Fiscal Year 1950 and the The Commission is rei estimated budget requirements for Fiscal Year 1981 for the Oflice of Program Direction and Program Technical Support.
$3,083,000 or 8.8 percent.
The followinn tabic pr.
TAsts is.-PRocum TrensicAL surr0Rrs suoctr si runcTiON of the Ollice ofProgran-quirements by fun,ction requirements for r iscal 3 nucal var focal var 1980 1981 Change TABLE Personnel com penss*jon -
$8,464
$9,330 15.7 pe tent increase.
Personnel beneits 803
$41 17.2 perterit incrassa.
Prettam wpport.
3,585
- 2. 798 22.2 prcent escressa.
- dministrative support.
2, a52 4,187 16.6 prcent 6ncersse.
Travet.
f20 1,135 23.4 percentinctsase.
Totat program &_
- 17. 372 18,861 8.5 percent increase.
P nnel b c Femanet.
267 2S4 10.1 percent incrossa.
dmi istrative support...
The following talile shows the allocation of personnel for each sub.
Totsi ereer m costs program for this activity.
rer==i.
TABLt 14.-PROGRAM TECNMicAL SuPPORr3 ALL0cAfl0M OF PERSONMEL BY PR0 CRAM The following table s!
or n cai ur n cssisso Isst various components of 1,2 40 42 TABLE If Advisory committee en Reactor Safeguards.
37
!?
Atomic Safety and Licer.ung Board Panet. _.
15 15 Atomic Safat and tscenun ppel Panel
~
r'og a
~
05 Sta 33 25 0%ce of the laternational Protest...
18 20 Omco of Analyus and twainsteon of Operation cata 82::::i:3l Oece o,.e co,,t.wa,ei n
v e.-
Authorizations for Program Technical Support provide funds for ggggggpy,gs,n,g......
salaries and other costs needed to operate: the Advisory Committes Omce.f Pou e An..rs......
on Reactor Safeguards which, reviews and reports on safety studies j'g,';g',y'4'fl,0,gg;ag,;,,g,---
and facility license applic,ations and studies potential hazards; the gmggg;ggjer,g,.,.g.g.,.g...g.
Atomic Safety and Licensing Board panel which conducts adjudica-Omce., tne A4m.n,tr t n_ _
l tory hearings regarding the granting, suspending, revoking, and 7,,,,,
l amending review appeals for Licensing Boards; the OfIlce of the Ex-l 1
}
-L
^
.c
.-_.-._._.~..c 15 ecutive Legal Director which provides legal advice and services to the Executive Director of Operations and repirwnts the Commission staff at programs which develcp and direct programs of cooperation with states, local governments, and interstate organizations; and the Office of International Programs which negotiates and implements interna-tional regulatory and safety information exchanges, licenses the im-ports and exports of nuclear materials and facilities, engages in non-proliferation and international safeguards policy planning and sup.
port for NRC international activities.
Committee Action The Committee provided a total authorization of $18,8G1,000 for Program Technican Support.
PROGRAM DInECTIoN AND AD3!TNIsTRATION i
t The Commission is requesting an authorization of $38,057,000 for Program Direction and Administration which is an increase of
$3,083,000 or 8.8 percent.
The following table provides a comparative summary,in thousands, 3
of the Oflice of Program Direction and Administration's budget re-quirements by function for Fiscal Year 19S0 and estimated budget
~
requirements for Fiscal Year 1981.
TABLE 15.-PDA*5 BUDGET OY FUNCTION
)
Estimated i
.A Fiscal yur fiscal vest l
.y 1980 1981 Change Personnel compensation.
120.198 521,660 7.2 pertentincrease.
Personnel benehts...-
I,913 2.C79 8.6 percentincrease, i
Program support.....
2,6C3 2.537 2.5 percent decrease.
Administrative support....
9, 34 5 10,916 16.8 percent 6ncrease.
{
Travel....
915 865 5.5 percent de:rease.
(
Total program costs -
34.974 38.057 8.8 percent increase.
}
Personnet -
704 753 7 percent increase.
l g
y various components of this budget category.
45 The following table shows the allocation of personnel among the a
TABLE 16.-PDA*5 ALLOCAfl0N OF PERSONN[L
"' IM
"' MI L
A
[
4 09 ice of tte Commission..
31 31
')
l Ofice of the Secretary.....-_ -
42 42 l
Of3ce of the Geners: Counsel-26 27 f
l OMce of the Policy Evaluation.. -
18 18 l
Office of the lesrector and Auditor.....
28 28 I
. t'g Omce of the Coneressional Affairs 9
9
?
f OfRce of Pubhc Affairs......
18 19 g
1 Executive Director for Operations.........
13 13 Omco of Equal Employment Opportumty--
6 8
Cmco of the Controller...... - -
68 68 j
OfF.ce of the Management and Program Analysis _
76 76 f
407 416 Of5ce of the Admimstration--
_ v_
Total 742 755 f
l d
l
.)
I a.
n-l r
,.) N *.
b i
I 4
b I
i t
l
~'
)i
w 16 Authorizations for Program Direction and Administration provide
& sis of Estimate funds for the salaries and expenws of the Commissioners and the stafTs For purposes of th.is est.e of the Ollices of the Secretary, General Counsel, Policy Evaluation, bill wa,it be enacted and the t Inspector and Auditor, Congressional AITairs,Public Affairs,OfIice of Fiscal l ear 1981. The estir the Frecutive Director, Equal Employment Opportunity, Controller, t9rical s >endou satterns of Planning and Analysis, Management information and Program Con-
.The uclear egulatory, with the fohowmg legislati trol an 1 Administration.
?
197tL1985:
Conimittee Action The Committee approved an authorization of $38,057,000 for Pro-U.s. Nucicar Reculatory cor gram Direction and Administration.
flacci peor estimar t
Co3trARISoN or AUTIloRIzATIoN REQUrst WrrII CoMMITrEE ACrIoN.
g The following table summarizes the NRC's request for authoriza-
- Q'*"
tion with the recommendations of the Interior and Insular Aflairs 1980[~
~['.~.
1981.. _..
Committee and the Interstate and Foreign Commerce Committee.
1982......
1983.....-...
TABLE 17.- AUTHORIZATICN OF SALARIES AND EXPtflSEs 1934._
1985
"?!,$",'r '""i'/,l,",8 Budget cuttar:
NRC Affata Commerte er. sage Fiscal year:
Proram 1979....... _
[~~ ~~ ~~
',................ $kE:E Sk:St.E $1'!N!N In'dTWo7sTe' iso ~rie"iM....:
o 1982 -------
16,062,0 15, 390.000 0
e w00 16, 390,000 F o nd.s.res.d, eve.h.pmeM,,,........,,.,..... _ _ _
um0 E,f,'!"l%'."l%k.sm:iantrahon..::::..::::::------- 4tutM 5t"dN 9tutN E :::::
.n.....
. uma ne m,mi 38,057,000 36,805,000 38.057,000 9
ggg,,,,,,_
Program direction and Tot.t....
458,490,000 454,630,200 477,990,000 4 4,500 In accordance with. Ruleth Cosr IsrarATEs House of Reprecientatives,,fic islation will l-a no signi In accoi ' w with Rule XIII, Clatise 7(a) of the Rules of the m thn natm, t
- onomy.
House o' ntatives, the Committee has made an estimate of the The cost estimate of the (
budget.
which would be required to carry out the provisions of II.R. hs for.rthe Fiscal Year begmning October 1,1980.
In accordance with Committee cost estimates, this bill authorizes
$477.990,000 for Fiscal Year 1981. Although this amount is a signifi-cant budget component, it reflects a cost increase of $8,500.000 over the Hon: HARI.EY O. SmcEns.
President's bud et request for the Nuclear Regulatory Commission.
Chairman, Committee on i Consequently, t e Committee recommendation should not adversely HO"88 of R'Presentatti
(
affect the overall budget projections for the new fiscal year. The Com.
DEAR Ma. CnAIRxAN : Pu mittee's cost estimates are:
Budget Act of 1974, the C.
the attached cost estimate f Estimated authorization level:
1b#
75 pria,tions to the Nuclear Re Section 2Gl of the Atomic Er 1
481 1982 477 305 of the Energy Reorgani 1983 -
=._
... 480 other purposes.
1994 480 Should the Committee so Estia2ated utlays:
furtherdetails on this estima Fiscal year:
441 Sincerely, 1981..
445 1982._
441 1983 _ __
444 1984.=_
444 1985 3
l b
" d e+'A
,g g
~
3 1
l a
r--
17 i
Basis of Estimate For purposes of this estimate, the Subcommittee assumed that this bill wini be enacted and the entiir amount will be appropriated prior to Fiscal Year 1981. The estimated annual outlays are based on the his-toracal opendout patterns of the N RC activities.
The Nuclear Regulatory Commission has provided the Committee with the following legislative prograin projections. for Fiscal Years 1979-19S5:
U.S. Kudcar Regulatory Commsssion, Jtecal ycar 1960 budget estimater-l lLtcut year cutsmates leysstatste prograns proprisons i
NRC total:
Budget authority:
JN Hons g
nucal year:
... $326 1979........-
4'*
- - = -...... _ _
1960.._ _
4G8 e
=-
-==
1981 -- -
- 451 1952.... -
477 1953........._
450 IDS 4..._
4SO m._--
1965.......__ -
4 Budget outlay:
Hecal year:
303 1979 __
351 1930..._
-.................=_
- 433 1981.....__
- -........___. 415
.? -
1982....... _
441 j
- =--._
1983........__
---....=.........__....444 1954................-..=_----
444 2955. __ _
k-INr1ATIONARY IMPACT STATEMENT l'
i' f
In accordance with Rule XI, Clause 2(1)(4) of the Rules of the Ilouse of Representatives, the Committee has determined that this leg-1<
islation will have no significant inflationary impact on prices or costs li
!At in the national economy.
The cost estimate of the Congressional Budget Office is as follows:
{
L U.S. CoNontss, CoNoatssioN41, Ber>ctT Orricz,
(
j M'ashingion, D.C., June 18, 1980.
y IIon. IIAnter O. STAGoERS, Chairman, Committee on Interstate e m' Foreign Commerce, U.S.
)
House of Representatives, n'ashington, D.C.
Pursuant to Section 403 of the Congressional Budget Act of 19 4, the Congressional Budget Office has prepared 7
DEAR MR CHAIR)MN:
the attached cost estimate for II.iL 6028, a bill to authorize appro-j4 priations to the Nuclear Regulatory Commission in accordance with 1
section 261 of the Atomic Energy Act of 1954. as amended, and section 4
305 of the Energy Reorganization Act of 1974, as amended, and for
- +
other purposes.
Should the Committee so desire, we would bc pleased to provide i
further details on thisestimate.
tt Sincerely, Aucz M. Ervr.tN, Director.
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. i Coxcntssiont. Brucer Orrier-Cosr Esrutxrs The costs of this bill fall s
- 6. Basis of estimate: For tl
- 1. Bill number:II.R. GG28.
that. the bill will be enacted 'i
- 2. Bill title: A bill to author,ize appropriat, ions to Nucicar Re thorized will be at latory Commission in accordance with section 201 of the Atomic estimated outlays a n-ergy Act of 1951, as amended, and section 305 of the Energy Reorga-NRC programs. This atimat mzation Actof 1974,as amended,and forether mrposes.
the first year,27.5 percent, th
- 3. Bill status: As ordered reported by tl IIouse Comm,ttee on year.
i Interstate and Foreign Commerce, June 11,1050.
- 7. Est' aate comparison: N'
- 4. Bill purpose: This bill authorizes funds for the Nuclear Regu-
- 8. I'revious CBO estimate' latory Commission's (NHC) research and regulatory activities. The estimate for II.R. 6028 as or major responsibility of the NRC is to ensure that the handling of on Interior and Insula'r Ada radioactive materials and the operation of nuclear reactors and other cost estimate was submitted nuclear facilitic;is consistent with public health, security and environ-Senate Committee on Envitu mental considerations. The total amount authorized by this bill for The bill reported by the Hou the NRC for fiscal year 1981 is $177.0 million; the President's revised million, $13.5 milhon inore t March request for these programs is $100.2 millien.
nuclear regulatory research. '
The fitscal year 1951 authorization contained m this bill represents ences.
a 31 percent increase over the fiscal year 1950 appropriation of $363.3
- 9. Estimate prepared b : Li million. The bill includes increases over the 1950 appropriation in all
- 10. Estimate approved y:
program categories. Funding for nuclear regulatory research activities is increased by 27 percent to $225.2 million, while the nuclear material j
safety program is increased by 09 percent to $13.7 million. The bill provides $77.9 million for nuclear reactor regulation (u 39 per-Ovras-cent),.S53.9 million for inspection and enforcement acti ities (up Durm.g the 90th Congress, 20 percent), and $10.4 milhon for standards and development, an Committee thoroughly revies increase of 23 percent. Authorizations for program technical support nuclear industry. In exen:isin and administ ration total S50.9 million. a 2S. percent increase.
The bill directs the NRC to establish an advisory panel to partici, conducted oversight hearing.
pate in the Three Mile Island decontamination rocess. to resumc und,ertaken regarding nuclear listin of the hearings relatin<
proceedings on the re rocessing studv entitled th Generic Environ.
and oreign Commerce Comm mental Statement on fixed Oxide F'uel, and to develop recommeda-On February 27,1979 the S tions for developir.g data on long. term worker health hazards in hearmgs to review the, opera the nuclear power industr; In addition, the NRC is authorized to l
i.nssion.
act on license applications which are subject to antitrust review but On Febuary 28,1979, the S were filed before enactment of this bill.
".hearm to review the status
- 5. Cost estimate:
disposal f nuclear waste.
On 3farch 21 and 22, Apri IsN1y Mmion 8477,0 June 4,5,15,18 and 19,1979, :
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1981
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Vesti ations held oveisi ht h-19S2. -
O April 19 1979, th Sub 1983.
tions held a hea, ring on the hes g.-
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On til 23,31ay 24 and Estimated outlag------
Oversigit and Investigations Fiscal year:
1981.............
291.O eseets on health.
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I On June 20 and 27,1979, tl held hearings on the need f.
19S4 centralized storage forspent fi 1985..
. On November 5,1979, the S-lays for fisca$ppropriation of the authorized amount. total NRC out-hearmgs to review the Nucle,q Assuming vear 1981,includine funds frnm prior year appropria-the accident at the Three L tions, are estim'ated toim $115.6 million.
the Commission's response to :
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The costs of this bill fall within budget function 270.
- 6. Basis of estimate: For the >urpose of this estimste, itis assumed that the bill will be enacted
-August,1980, and that, all fimds au-thorized will be approprint by the start of fiscal estimated outlays are based on the historical spendm, year 19S1. Tlie g patterns of NRC programs. This estimate asumes a spendout mte of 61 percent i
the first year,27.5 percent the second year and 11.5 percent the tidrd year.
q
- 7. Estimate comparison : None.
3
- 8. Previous CBO estimate: On 3 fay 8.1980, CBO prepared a cost estimate for II.R. 6628, as ordered reported by the IIouse Committee
-(
cn Interior and Insular Affain pril 30,1980. On 31ay 15 1950, a cost estimate was submitted fo
. 2358, as ordered reporte by the 4
Senate Conunittee on Environment and Public Works,3 fay 13,1980.
The bill reported by the IIouse Interior Committre authorized $158.6 million, $13.5 milhon more than the Senate version, lect theprimaril for i
nuclear regulatory research. The estimated outlays ref iffer-4 ences.
- 9. Estimate pivpared by: Linda Alperin.
- 10. Estimate approved by:
JAuss L. Br.ex l
Assistant Direci rrfor Budget Andysis.
4 1
l Ovzassour STATzMFET During the 96th Congress, the Interstate and Foreign Commerce 4-Committee thoroughly reviewed various aspects of the commercial
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nuclear industry. In exercising its ovenight function, the Committee conducted oversight hearings and ordered that several reports be j
undertaken regarding nuclear issues. The following is a chronological
'?
listing of the hearings relating to nuclear issues held by the Interstate and Foreign Commerce Committee.
l 4
On February 27,1979, the Subcommittee on Energy and Power held 4,
hearings to review the opemtions of the Nuclear Regulatory Com-N"J f
mlSsion.
l On February 28,1979, the Subcommittee on Energy and Power held a hearing to review the status of programs regardmg the storage and dis Iof nuclear waste.
s i
l n 3farth 21 and 22, April 5 and 10,3 fay 16,23 and 30, and on i
June 4,5,15,18 and 19,1979, the Subcommittee on Oversight and In-
%@f vesti ations held ovenight hearings en hazardous waste disposal.
O April 19,1979, the Subcommittee on Oveniaht and Investiga-W j
tions held a hearing on the health effects of low leveT radiation.
M (
i Oversight and Investigations held hear,1979, the Subcommittee onmgs on low level radiat On April 23, May 24 and August 1, i
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b effects on health.
On June 26 and 27,1979, the Subcommittee on Energy and Power held hearings on the need for the federal government to provide centralized storage for spent fuel.
o On November 5,1979, the Subcommittee on Energy and Power held hearings to review the Nuclear Reculatory Commission's reaction to j
the accident at the Three 31ile Island nuclear reactor and to obtain d
the Commission's response to the recommendations of the President's
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20 Commission on the accident at the Three 31ile Island nuclear power plant.
Subsection (b) was substi On February 20. 1980 held a hearing on program, s regarding the storage and disposal of nu-the Subco in order to pmvide mom s-aliility to reprogram funds. I clear waste.
either into or out of a line it.
On February 22, 1950, the Subcommittee on Energy and Power unlesa 30 calendar days, exc held hearings to review the operations of the Nuclear Regulatory in session, has pasced after Commission.
have been notitied or unle.s It is anticipated that additional oversight hearings and related expiration of such period, activities will be conducted in the ruonths ahead.
notice that it has no objectio:
The Sulrommittee has also initiated a number of studies on nuclear I
Section 102 directs the Co issues which have been or will be released during the present Concrees.
ated pursuant to this Act to(
These include studies regarding the causes of the accident at the Three the issuance of an operating :
3 file Island nuclear power plant the comparative envirom,nental and enactment of this Act, notwi financial costs of nuclear vs. coal plants, and the comparative costs of of the Atoraic Energy Act T closing certain nuclear power plants vs. the cost bringing them into operating licenses m advanc compliance with new regulatorv requirements. Among the reports respect, to the matters cover which have been issued during this Concress are:
Act which, relates to antitrus-
" Federal Government Incentives to Coal nnd Nuclear Energy", Re-licenses issued in advance of port to the Ener Reccarch Service.gy and Power Subcommittee by the Congressional respect to such antitrust revi Committee Print 06-IFC20.
Commission deerns app 7oprint
" Federal Facilitica for Storing Spent Nuc! car Fuel-Are They onters of the Commission wit Needed!" Report to the Subcommittee on Energy and Power, Com-full force and ef!'ect.
mittee on Interstate and Forcien Commerce.hy tiie General Account-Section 103 directs the Com:
ing Oflice, Report No. E31P-79-S2, June 27.1979 essary from amounts authoriz Nuclear Waste Storage". Report to the Subcommittee on Energy and" Exi (a) to resume end complete per Statement on 3 fixed Oxide F Power, Committee on Interstate and Foreign Commerce by the" Gen-pursuant to the order of the C eral Accounting Office, Report No. E31D-80-67. April 1,19S0.
Section 104 authorizes the C
" Status of Ettorts to clean l'p the Shut.Down Western New York from the amounts appropriate <
Nuclear Service Center." reported to the Chairman. Suncommittee on a study for the purpose of si Energy and Power. Committee on Interstate and Foreign Commerce, months of the date of enactmen by the~ General Accounting Omce, Report No. E3fD-80-60, June C, velopinestatistically valid datc IDSO.
of employment in the commerd is to melude a summary of the Stenox.nt-Sr.crios Ax3t.rsis or H.R. 6028, Nrcr.r.An Rr.actaonr and radiation exposure histori Co3r>tissiox, Fiscar. Yran 1951 ArrHoRiZAnoN tion of what additional inform.
of work experience and radiat, Cornmission for Fiscal Year 1981 in accordance with the provisionsSec effects of their employment nr should be required to develop t'.
of Section 261 of the Atomic Energy Act of 1951, a, amended, and Section 105 autho-izes the C Section 305 of the Energy Reorganization Act of 1974, as amended.
necessary from amounts approi Suluction (a) authorizes a total appropriation of $177.990.000 for this Act to establish a Three 3 the Nuclear Regulatory Commission for fiscalyear 1981 to be allocated with and make recommendatio-as follows:
lating to the decontaminatian of (1) $77.FS5.000 for the Omce of Nuclear Reactor Regulat,on; plant. This section spe:ifies tha' (2) $53.889.000 for the Omce of Inspection and Enforcement; twelve members, and establishe i
(3) $10.390.000 for the Omce of Standards Development; section f al(b) directs the Adviw (4) $13,GSO.000 for the Omce of Nucicar Materials and Safe-to provide the Panel upon requez guards; Section 106 provides authorizn (5) $228.228.000 for the Oflice of Nuclent Regulatory Research; mission for cooperative nuclear 9 (C) $18.S61.000 for Program Technical Support; salaries and exocnses associated l (7) $38,057,000 for Pmgram Direction and Administration.
remain available until expended Section 3017 of the Revised ' Stat
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n 21 Subsection (b) was substituted for the language in the original bill in order to pmvide more stringent restrictions on the Commission's ability to reprogram funds. Under this provision,any reprogramming, g
either into or out of a line item, which exceeds $500 00, may not occur unicss 30 calendar days, excluding days in which ther Ifouse is not in session, has passed after the appropriato committees of Congress have been notified or unless each such committee has, prior to the expiration of such period, provided the Commission with written notice that it has no ob ection to the proposed repmgramming.
1 Section 102 directs (Lie Commission to use such amounts appropri-8 ated pursuant to this Act to continue and complete any pmceeding for y
the issuance of an operating license which was filed before the date of enactment of this Act, notwithstanding the provisions of section 105 of the Atomic Energy Act.This would enable the Commission to issue operating licenses in advance of consideration of and finding with respect to, the matters covered in section 105 of tlic Atomic Energy I
Act which niates to antitrust reviews. This section requires that any 4
licenses issued in advance of the consideration of or fundings with respect to such antitrust ttviews contained in such conditions as the Commission deems appropriate to assure that subsequent fundings and ortlers of the Commission with respect to such matters will be given full force and effect.
4 Section 103 directs the Commission to use such funds as may be nec-essary from amounts authorized to be appmpriated under section 101 j-a) to resume and complete proceedings on the Generic Environmental tatement on 3 fixed Oxide Fuel (GES510) which were terminated
.t i pursuant to the order of the Commission dated December 23,1977.
, /gi Section 104 authorizes the Commission to use not more than $500,000 from the amounts appropriated pursuant to t,ection 101(a) to conduct a study for the pu >ose of submittin to the Con within six J.
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months of the date o enactment of thi Act, recommenda ions for de-i j
veloping statistically valid data on the long-tenn health effects. if any, I
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of employment in the commercial nuclear power industry. This report is to include a summary of the types of medical histo information and radiation exposure histories which att now availa le, a descrip-tion of what additional information is needed to relate these histories p'
of work experience and radiation exposure and to assess the health 4
effects of their employment and recommend which federal agency 3
should be required to develop the needed data on such health effects.
Section 105 authorizes the Commission to use such sums as may be 4-necessary from amounts appropriated pursuant to section 101(a) of si this Act to establish a Three 5 file Island Advisory Panel to consult with and make recommendations to the Commission on nmtters re-lating to the decontamination of the Three 3 file Island nuclear power
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Plant. This secticn s cifies that this Advisory Panel will consist'of twelve members, an establishes criteria for'the membership. Sub-M section IN(b) directs the Advisory Committee on Reactor Safeguards i
to provide the PancI upon request with technical advice and assistance.
Section 106 provides authorization for mor.ies received by the Com-9 mission for cooperative nuclear safetv rescatrh programs to be used as salaries and expenses asrociated witli these procrams and for them to remam available until expended, notwithstanding the provisions of M
Section 3G17 of the Revised ' Statutes (31 U.S.C. 484).
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22 with the provisions of s.
Section 107 provides authorization for the transfer of amounts from the Commission's salaries and expenses appropriated to other agen-of 1051, as amem, led, (4r Energy Reorganization cies of the government for the performance of work for which the for the fiscal yea 5875),d $108,4D0,000 t Commission's appropriation was made.
pende Section 108 provides that no amount authorized to be appropriated
- 1) For "Nucien by this Act may be spent only when appropriated in advance.
For " Inspect AoENcr REroler For "Standai For " Nuclear The recommendations of the Nuclear Regulatory Commission for-warded to the committee on February 20,1980 follow:
-$43,6S0,000I (5) For 'Nucles!
U.S. NUCLEAn REoULA%RT CoMMISSloN, (G) For ',',Progra (7) For Progre Washington, D.C., February 20,19S0.
8' Hon. IIARLET O. STAGGERS, Chairman, Committee on Interstate and Foreign Commerce, sect?on a)' f tl s cti U.S. House of Representatives, Washington, D.0 fIsm or wto program ac-Dran 3f a. CnAInuxN : In accordance with the provisions cf Section amount not exceeding.
261 of the Atomic Energy Act of 1951,as amended (42 USC 2017) and transferred from or into Section 305 of the Energy Reorganization Act of 1974, as amended (42 specified in subsection (;
USC 5875), we are submitting proposed legislation which would au-the amount so specified.
thorize appropriations for fiscal year 1981 and fiscal year 1982 for the amount in accordance wi Nuclear Regulatory Commission.
where such amount is iI "Salanes and Expenses' for fiscal year 1981. This request, wh 000 for reprogramming may be.
The proposed legislation requests authorization of $408,400 shall inform the appropt ich pro-vides for the commitmer.t of additional resources, reflects the Admmis-tions of subsection (a).
tration's broad-based response to the problems encountered as a result SEc.102. 3foneys recei-of the Three 3 file Island accident. The nature of this response is dis-erative nuclear research cussed in more detail in the section by section analysis which accom-for salaries and expenser panies the attached bill and in the NRC's more detailed budget justi-withstanding the provis fication transmitted separately.
Statutes (31 U.S.C. 484 An analysis of the proposed bill and justification for the appropria-exnended.
tion " Salaries and Expenses" will be provided to the Subcommittee
$Ec.103. Transfels of -
on Enercy and the. Environment as supporting information.
be made to other ngencies Sincerely, ance of the work for wt JonN F. AHEAnNE, Chairman.
In such cases the sums so Er. closure: NRC Proposed Bill for Authorization of Appropria-appropriation to which t tions, fiscal year 1981 and fiscal year 1982.
l no authon,. Notwithstan SEc.104 ty to ma.:e p:.
NUCLEAR REoCLATCRT CO313HSsloN PaorosEn BILL ren Au-except to such extent or TuonizATIoN or ArrRorRIATIoNS FoR FISCAL YEAR 1981 AND advance in appropriatio!.
FIscAI. YEAa 1982 TITLE U-AUTHCRL A RILL To authorize appropriations to the Nuclear Regulatory Commis-alon in anordance with section 261 of the Atomic Energy Act of IfG4 t
SEc. 201. There is he:
as amended, and section 3o5 of the Energy Reorganization Act of 1974 to the Nuclear Regulato as amended,and for other purposes.
l Be it enacted by the Senate and the House of Representa-tives of the United States of America in Congress assembled,
- rITLE I-AUTHoRIzA11oN or ArrRorRIATIoN8 FoF YISCAL TEAR 1981 SEenoN 101. (a) There is herchy authorized to be appro-printed to the Nuclear Regulatory Commission in accordance nQ Q
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l 23 with the provisions of section 2G1 of the Atomic Energy Act of 1951, as amended, (42 U.S.C. 2017) and section 305 of the Energy Heorganization Act of 1974, as amended, (42 U.S.C.
5S75), for the fiscal year 1981 to remain available until ex-pended $1GS,400,000 to be allocated as follows:
(1) For " Nuclear Reactor Regulction", $69,3S5,000, (2) For " Inspection and Enforcement", S53,SSD,000, (3) For " Standards Development", $16,300.000, (4) For " Nuclear 3Interial Safety and Safeguards",
$43,650,000, (5) For" Nuclear Regulatory Research", $22S.228,000, (G) For " Program Technical Support", $18,861,000, (7) For " Program Direction and Administration",
3
$38,057,000.
Soc.101. (b) Of the total amount authorized under sub-section (a) of this section the Commission may reprogram from or into pmgram activities specified in subsection (a) an amount not exceeding $10,000 000 except that the amount transferred from or into any of the major program activities specified in subsection (a shall not exceed 15 per centum of the amount so specified. P) rict to any reprogramming of an amount in accordance with the provisions of tids subsection, 4
where such amount is in excess of $500.000, the Commission shall inform the appropriate Congressional committees. Such reprogramming may Ic made notwithstanding the limita-tions of subsection (a).
1 Stc.102. Monevs received by the Commission for the coop-erative nuclear research proginms may be irtained and used
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for salaries and expemes associated with those programs not-
.f withstanding the provisions of section 3617 of the Revised Statutes (31 U.S.C. 484), and shall remain available until expended.
g Src.103. Transfers of sums from salaries and expenses may be made to other agencies of the Government for the perform-
'j ance of the work for which the ap[ropriation is made andmay be merged with the in such cases the sums so transferre appropriation to which transferred.
4 Soc.104. Notwithstanding any other provision of this Act, no authority to make payments hereunder shall be effective except to such extent or in such amounts as are provided in advance in appropriation Acts.
t TITLE II-AUTnoRIZATIoN IVR FISCAL YEAn 1982 3
Src. 201. There is hereby authorized to be approprinted A
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to the Nuclear Regulatory Commission such sums as may be necessary for fiscal year 1982.
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crs ct the Portsmouth Naval F continutr g controversy about t face from various forms of rai any potential conflict of interes+
already controversial area. It is ru nmtigations, indeper, ADDITIONAL VIEWS OF IION. TIM LEE CARTER financ@mg-of theagenc,essu i
Too many times, we have con.:
During the full committee mark-up of H.R. 6028, the Nuclear Iteg-of hindsight; to determine whc ulator Commission Authorization for Fiscal Year 1981, the Com-try expands to meet our demar.
mmittee ado ited an arnendment otTered b the Hon. Toby necessa to protect those indis merce Mofrett, directing th N.R.C. to commission a stu y "for the ur-and be a le to offer them reaso:
ith pose of developing statistically valid data on the long-term h that they may face, effects, if any, of employment in the nuclear power industry." This cmendment was incorporated into the bill as Section 101.
I stand in complete agreement with the obsious intent of this amendment: the acquisition of objective, scientiScally accurate infor-mot on from which we can determine the eficcts of employment hi i
the nuclear power industry on an individual's heab h.
While supporting the intent of this amendment, I have strong
~
reservations about the nature of the study it proposes to be conducted.
Such a study amounts to no more than a six month inventory of already available information. This is at the very least, a prelimin'ary; and at. the very most, a stop-gap measure. Such a study is no sub-siitute for a full scale scientific investigation which I believe is necessary to assess the possible health dan ers which nuclear workers timate public health con-may face. In order to address these le
' cerns most effectively, a comprehensive epidemiological study should be undertaken.
For several reasons,I believe the most appropriate agency to con-duct such a full-scale investigation is the Center for Disease Control.
First, the C.D.C. has demorattated expertise in the field of epidemio-logical research as well as specific recent experience with evaluations of the health effects of radiation. Second, since the study, as proposed in the amendment, will be funded through the N.R.C., it is essential that it be carried out by an agency independent of the N.R.C., so that the study results can be shielded from the shadow of conflict of interest
~
that has occasionally clouded the findings of earlier studies. Third, because the subject of this study is essentialle a public health reatter, I believe it is most appropriate' for the resca'rch to be undertaken by an agency in the federal government which has primary responsibility j
for protecting public health, rather than promotmg energy, or some other unrelated, and perhaps conflicting mission. In sum, the Center l
for Disease Control would best meet these objectives and would most ublic interest.
effectivelyservethep' recommendation grows out of extensive hearings The basis for my I
conducted during the second session of the 95th Congress by th, Sub-committee on Health and the Environment on the effects of radiation on human health. During the course of those hearings, we examined in depth several controversial studies regarding the health effects of low-level radiation, including the Mancuso study which found an in-creased risk cf cancer mortality among workers at the Hanford atomic facility at Richland, Washington, and the Najarine study which found an increased incidence of cancer mortality amug work-(24)
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n 25 crs at the Portsmouth Naval Shipyard in New Ifampshire. Despito continuing controversy about the extent of risk which individuals f:co frem various forms of radiation, the hearings made clear that cr? potential conflict of interest can only undermine objectivity in an cirudy controversial area. It is clear that objectivity is best achieved independent-both in terms of personnel and through investigations,ies subject to the study.
financing-of the agenc Too many times, we have committed ourselves to studies as a matter of hindsight; to determine what went wrong. As our nuclear indus-try expands to meet our demands for energy, we must take the steps necessary to protect those individuals working to meet that demand tnd be alle to efTer them reasonable protection from the health risks 3
th t they may face.
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1 SUPPLE 31 ENTAL VIEWS OF IION. JA31ES 31. COLLINS MINORITY Y I am gravelv disturbed by the ever-increasing amounts of moner We commend the Committe which are auth'orized to.be appmpriated to the Federal agencies. I am Commission to reopen and con deeply concerned about this unfettered increase in the national debt ment on 31ixed Oxide Fuel and about the lack of fiscal responsibility displayed by the Administra.
Environmental Policy Act. 'I tion in its inconclusive budget submissions.
will provide important inforn-I favor the development and research needed with Nuclear Power reprocessing can be based.
because I recognize the need to implement the lessons learned from the GES310 was begun in 197; accident at the Three 31ile Island nuclear reactor. We must look to in 1977 as a result of the Adn-nuclear power as a larger en:rgy source, but we must have wafe nu-outcomeof thcInternationalN.
clear powerplants. To accomphsh this, after Three 31ile Island, n-investigation of reprocessing a quires the implementation, at no small cost, of many additional safety its work earlier this year, cone.
prehminary to many of tne p measures.
Throwing money at problems does not provide solutions. Any dif-country to date has selected t:
Now that INFCE has conci ficulty subniitted to Congress finds the answer is to greatly expand the dollars spent. What we need is more bruinpower and to learn by uw.
While we remain strongly co We will learn more about nuclear enerev as we develop it.
fuel, and believe that our count Let me give you an experience we hafin our local school district on energy resource contained in t throwing dollars at a problem. Fourteen years ago the Federal Govern-pletion of GES310 will not at ment said to spend more money for Quality Education. So in fourteen formation-gathering procedu:
~
rears the cost of education per pupil went up from S301 to $1.746.
mittee has recognized this fa And what happened to the Achievement Test scores of graduating GES310, and we urge our col' seniorst Seniors knowledge was down as score grades dropped from Floor.
We strongly oppose the NE 973 to 894.
I can not in good conscience.however, continue to support unbridled gram. Although the rationale ;
Federal spendmg. This, year's' authorization is $50 million more than with divergent viewpoints pre last year's. That is an increase of approxirnately le percent. It is al-venor money will go to Wash most $G0 million more than the amoimt appropriated to the NRC for and attempts to halt the licensi for new reactors, which now ta:
fiscal year 19S0. It is almost $150 million more than was approprinted delays, especially federally fu to the NRC for fiscal year 1979. That is an increase of approxunnicly 40 percent. Next yea'r's authorization bill must show more hscal The proliferation of privat <
left many of those regulatory restraint.
Jutts 31. Cou.ixs.
down the dispatch of their we docen't need,it is to be slowed c (2c)
As our collesgues are well r.
year. 31any worthwhile procr:
Rather than spending $500.0>
which will primarily benefit It get federal assistance throuc should be eliminated. The 1:
mtervenor funding for this v<
ing budgetary constraints, the vised budget cutting back unn renor funding program was <
our colleagues to oppose the NRC authorization bill for 10i b
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3IINORITY VIEWS ON ILR. 0628 3
We commend the Committee for dincting the Nuclear Regulatory Commission to reopen and compkte its Generic Environmental State-ment on 3 fixed Oxide Fuct (UES310) punuant to tite National i
Environmental Policy Act. This Environmental Impact Statement will provide important information upon which rational decisions on L
4 reprocessing can be based.
in 1977 as a result of the Admm, but was interrupted near completion GES310 was begun in 1974 3
istration's desire not to prejudice the outcome of theInternationalNuclearFuelCycle Evaluation (INFCE) investigation of reprocessing and proliferation risks. INFCE finished its work earlier tlus year, concludmg that reprocessmg is an " essential preliminary to many of the possible fuel cycles", and that no other country to date has selected the no-repmcessing option.
4 Now that INFCE has concluded, we must also conclude GES310.
While we remain strongly committed to reprocessing % valuablenuclear spent fuel, and believe that our country can not allord to discs energy resource contained in that spert fuel, we stress that the com-pletion of GES310 will not authorize reprocessine. GES310 is.n in-
.}
farmation-gathering procedure only. We are gratified that the Com-mittee has recognized this fact in requiring the NRC to cc nplete 4
GES310, and we urge our colleagues to support the provision on the Floor.
We strongly oppose the NRC's pro osed intervenor funding pro-gram. Although the rationale behind tpe program is to help indigents I
c with divergent viewpoints present their case to the NRC, most inter-venor money will go to Washington law l
and attempts to halt the licensing process.yers to promote harassment
{
The NRC's licensing process for new reactors, which now takes about 12 j
delays, especially federally funded delays. years, does not need further
.)
The proliferation of private intervenors in agency proceedings has left many of those ngulatory ahencies unable to col,>e, and has slowed f
down the dispatch of their wor. If there is one thmg that the NRC doun't need,it is to be slowed down further.
2 As our colleagues are well aware, this is an especially tight budget 3
year. 3Iany worthwhile programs are being pared back or eliminated.
j Rather than spending 5500,000 on an interrenor funding program I
which will primarily benefit lawyers and organizations which already get federal assistance through a tax-exempt status, that program should be eliminated. The Interior Committee has alreadv struck r
e i
intervenor funding for this year's NRC authorization bill. Ifecogniz-ing budgetary constraints, the NRC has supplied Congress with a re-7 j
vised budget cutting back unnecessary expenditures. The entire inter-1 venor funding program was eliminated m that submission. We ur~e d'
our colleagues to oppom the inclusion of intervenor funding in tee NRC authorization bill for 1981.
4 (27) 4!
M Ti f
,k
.M
f 28 We are gratified that the provision establishing a Thlve 3 file Island Advisory l'anel was inodified from its original fonn by the Commit-tee. Although its establishment duplicates actions nlready undertaken by the l' resident in an Executive Onler establi>hing a Nuclear Safety Oversight Committee, and by the NRC we understand the concern for assuring public participation in the N1tC's decision-making 1> roc-ess. We support the Committee's objectives in establishing a l'anel, as modified; that is, the encouragement of public participation, with-out ham-stringing the NICC's ability to make decisions and carry them out. In that regard, we agree with the Committee that the Panel should not have a veto, either de facto or de jure, over NRC decision-making at Threc 3 file Island, but should be consulted, and be able to make recommendations to the NI!C regarding the cican-up at Three 31ile Island.
JA3tES T. IlnonIIu SA31UU, b. DEVINE.
CI.ARENCE J.13nowN.
JA3fES 3[. Cou. INS.
Non3aN F. LtNT.
EDWARD }$. 3[ADIGAN.
CARI4S J. 3fOoRIIEAD.
3fATrIIrw J. RINAlmo.
DAVE SToCE3hN.
To3r Lotmtn.
To3r ConConAN.
GARr A. Ltz.
WII.I.IA3r E. DANNE3rEYER.
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S 10436'
'CONGJESSIONAL RECORD-SENATE July n,19g0 Flild buck. Ell thne few*W7'" On ot1T FMe.
fW:3. Moneys tvrwived bytM Cormnisatoo 17pruduct tr.s t ertMa. tone nstat utth re-ggg f ar the coctesaurs nuclear tweseb prcyrama quiremasta peu uutyat.=:1 try t&- ( > c ? kWon N ^^*
Mr mn sor' I also yield bact the ** T " **^* '"4 *"u".o.'r" pro'*rr*a*ma*. n*ot-ce"'19% and at.nr a.rria prutatq uq w tw espensm anec stail with ti.me of the inmonty on this lefidRt!On.
witna&as11ag the prwtakna of pectaan 3517 Administrawr of the Enrinc ments1" gw The PMmING OFFICEEL All rme of the newsned statutes 01 UAC. 4M), and tecunn Agency uMer sacuan c75 m er p.en having been y1ciced back, the Guc5t10:1 15 shall retz.atn available unul expeteced.
Act.
mgd1 the tdll geg.s?
tut 3. Transfers of sums from calarten and (b) In carrying <wrt the tnertitertr& en-60 the bill G. I.2.58), W1 S2nendCd. Wag stym trisy te mas tas other mWes M gmeedng amit saad rumal wucas
,7,,;.
- g gg
,, the GovernInent ! car the p--forzasnee of the program *WAtahed tsy sal. melon W 4
wurt fAa shh 1.he appstpriamn is inuta.
(1) t.be AcIntnistrr tur of the l nirm,.ne.n-UM
. and in such cases the sums no transferred tsJ Protect an A gr.a y *S.att prop 2c le;.e4 Ee 11 en. acted by tA4 T,ca.Ife estd Hon.as mey te. metred with the aptuppriauan to thma al.x27 days af ter r.:=a date ad a ne c ruint
': H-gf Acyrrseuztate of LAe Untled Sin.te.s of - which tra.neerreci of this Act, atentards c.f renats! sf%licAtaca Amenez vm CrmSvens aseessbled.
Br=:. 4. Notwt&-
- "* any other prov1-for the protectican of tha publie. hnitzt.ntety Bac 1. (a) There la hereby at:thortmi to ston of this Art, no authority to make-pay- - and the enutrruzrnent Ims2 r % W ical im be ;ppropr2atai to the NucJear U.cruismr7 menta bereunorr shall t>- ehetste erorpt to and nonrmaik*.cical basarea mm.wstn1 Mth Oummimon Ln awava with the prt*v1-auch extent cr in suca a:nonnis na are pro-byproduct nsate-14. ma dehred la s.wt$nn 11 sacr a of secuon 241 of the Atasnic EnmEY vihi in adtsace in appropr -t tnn Acts.
e.
(2) oC use At LW u:g, of agM,,
- Act (41W. as awzuir<1 (42 UaC. 2017) and ss;_ fu (a) A*ter ma athi opportunity at the lesuna smacribeniin s4#Mr.:u.rt p).
aare 305 c.f the Ene:xy Easyanira h Act for pubhc.beartogs in actir11&nce with sicc-L.uch propami etetriartis shall be a n WsNe r"
of IMt. aa amended (42 UAC. fCt).for the tion !,.53 of 1:Me S. United Dtstes Code, the on an inte:1n bas:a until hz. ally picznul-f.acaJ year 1981 to temn'n available umil es-ovnt-tirsJon is authartmed end directevi to gated; pended S44A100.D)0. to be allocate <1 ma foi" devencep a caf et7 goal!or nuclear reactor refu-(2) the Comm mata's shall tare 3rsd re-los a:
Is.taan. 6 uch rt31 shall delinen:.e ekar sub)ec-sponubih*ty Icr crnrdinating the rnonttoring.
(1) Por " Nuclear Leactor Regulauan". tive crtteria, supplemented to the extent engineering um. ment end rc> dial actica 9
4G.775.000, pocsible by quanutauve cnteria, necessr.ry to prog-am es-aL11 abed by tubuction Ia) and.
(2) For "Ir.specuori and Enfnrtment", sacure prmecuon of the putue health and an consttauon sua u.e Esate cd touth Da-v.3/A2.D00, aa!ety.
Lota, shall-(3) Ftr 5:=*tia Developrnen *. ELS.-
(b) In develome-t of the goal requftf<1 (A) eset u g entral ob)ectaves a.nd M O,000.
by the preceding st:tw.ection.the rwm%oo priorttles fcr the prorra:n.
(t) For "Nuclem-Mar **ial and Barety shall cnns.1:ier the app 11catio 1 therecf to the (B) review ed approve a monitoring, en.
Ea!eguasca", s41.930.000.of the total smount deveJop:nent of new regulatory requirements gineering assess:nent and rem *d1&1 acus:1 appropriated for this purpone. 6500.000 aM1 for nuclear power ructors an:1 to occiarons prog a: t for the locatana dexribed in sub-be avsusb;e for the monite.ng, ergnecrin4 ou the retro-ctive appLcauon of new or cur-accuca (a);
aMemment and rerRdia O tacn prograin rent rTquirerneats to eZ1 sting plams (C) assure ths.t an. approved Ir>nnitoring.
esta.bhabed by sect;cn 7 of his Act.
Ic) he Coe'en anc1 repces to the
- m S*ering aaness:nent and reencrur:1 action (5)
N* "S uciaar Igu.a.to y Ece.earttt".
Corces.a by June so.1981 en the proposed program mua
- with the requirem*uts of C10.2rA.000; c! tre total amount appro-safety run.1.,
acetica M cf the Atomic 1:ncrry Act of IW pri:,ted for this purpae, C. Doc.000 am". be Sec. c. (a) Prom the suma suthcrtred to anti conforms w:th the reneral stand. arts es-atallable for ras cooieti the ma2 rer.ctor be approprtated under section 1(al(5) the * 'uw d under paragraph (1) of th!z sub-e a:Je y research, and 419,700,000 shall be avall-r a-e Mon ts aut.bortred and directed to sectioD and able for f ast breecer reactor safety re=earca: establish a study c! the applicatic s c! stra.
(D) p tyvade funding t.hrougn centract for ProtWd. Acwetc+. That the 1stier amount tegic andytis teciniques to the sefenard-an approved monitor;ng. engmeer:ng em.
thall not be so arc;&b;e if the Cong tes fM.is g cf nut: car InstertCs. We study shall 2nent and re:nedal acuen program at the lo.
to enact leva.at:ct app opnating f uncs for spec.* cally addresa the applicaucn.s of stra-caucus desc. bed in subsects;n (a),
daca! yes: 1h 1 f o-the Depart.=ent cf I'ne g7 tepic ana27 sis to the treatmers of inve=to y (3) the Department cf hergy shall pro-l'reeder Leactor Progra:n. including i t&g d1*erences in material accounting. De study vide any necesary tee r.ra' a.stistance ard for a de:nons ration breeder reactor plant gia;; include, but not be limited to:
CoASultation in th e performance of the PM2eCt'Nr (1) an evaluation cf the cocts sad bene *ts mc Atc-tag, engineering
&&c*! ment and ac)
" Prog am Techc3 cal Support **. of vanous itsponses to inventory caf'erences rernedic met:en program estad1; abed by sub-418.511.COC.
that incorporates the perspectives cf tbone sect.1cn (a).
C (7) Nr -P tyram D:rection and A'm'rMa-IntcIved in such.decialom& r such ar, (c) As soon as practicable, but 2:ot later tracon". E3CEL000.
NILC and Industry t-amement:
than one hundred and twenty days after the
. (b) No amount appropriated to the Com*
(2) an evaluation of the senz:ttrity of re-Cate of enact:nent c! this sectics, the Com.
r!auon pursuant to autorcucn t s) Insy be sponse to varyinC levels and types cf uncer. Lais&acc tha;.1 sut.mit a report to the Cong eas used Ier any purpose in excess cf the amount tatuty masactated with inventory da.*. e ences: on the preliminary pr --*- authortred by expressly autterred to be appm;riated (3) an avessment of the ab111ty cf strategic subsectics (a), including a detal;ed d e-
- thr-efor by part; t?hs (1) thicugh (7) c! analysis to reduce uncertainties 1s the deter- &ctpticn !ct each locaticn of any required i
l si.1ch subsection. if such excess a= cunt is Inination of and response to 1 tventory d'.f.
remda action and an estimate cf the cost l
gran*.cr than S5n000, not may the amount ferences; and cf such reznedad action.
svnilatie frcm any appropriaucn for any put*
(4) a determinatica cf the steps requt-ed (d) The Commhalon shall provide as part po6e FptC1".ed in such paracapis be reduced to !splement strategic andyals techniques of its annus] report. a report en the 'p* ogre'.3 by Inora than 8 5].000, un.ia*
as a decir.lomarirp tool.
of the monitoring. engtceertug wesament (nc inc!L an day ch e:
II The s*udy shall incorporate the strk cf the and remedial action program estat:1sbed by of Cong ess is net in sess:cn because cf an meals Acar.ng Qgrade m We5 WWh W.
edjournment cf more than three calendar 3E ' I I*'3" seventy days af ter the date of enactment cf h.
Stc. E. Not later than two hundred and days to a day cc-tain or an adjournment sine (b) Tbe Commission shall report to the die) bas passed k*ter the receipt by the Com. Conress, within one year a*ter the date of tub section. the Corwinton aball by rule m!stee cn Inters: Ate and Foreign Cornmerce enactment of this section, en the fLndings c,f PTCmuliste procedures for consulting r:th cnd the Co=nuttee on Inte-!ct and Insular the study required by the preceding subsec. and responding to appropriate State cfliciab Al' airs of the licuse of Representatives and tion.
urardmg the public health azul safety con.
. the Comm:ttee cn Enttronment and Put.11e Eec. 7. (a) The Commission, in ennmits-cern.s of a Etate in connection *1th the op-Work cf the Eenate cf notice riven by the tion with the Envirentnen tal Prctection ersucn cf uN*1on facIntics located *. hen.
Commis*1cn centaining a full and cc:np;ete Agency, the Department of Housing and in that are required to be !!cented under sec.
i Etatecaent of the act!ca p-epaed to be taken I?rban Development the Depa t nent cf Ener-t!cn 103 or 104 b. cf the Atos!c Itarrry Act
- r; cnd the facts and c;reurnstances re!!e2 upcn gy, the Tenneuce ValleT Authority, and the 1954. The Comzntas!on shall include in the in support cf such pro;msed action, of State of South Dakota, is authortred and annual report eutmattad to the Congres.a (2) coch such Committee before the erpira. directed to cordinate and eenduct a ment.
pursuant to a*ction 251 of such Act an analy-tion of such per1c4 has transm!!!sd to the toring, engineering aAsesr.Inent and remedik1 sia of such precedures and the reasona for Cornzntation a uTuten netiScatica that there action prog-tm for the macarernent of by-promuyama.
La no ot'jectlen to the proposed action product Insterials; as der.ned in sect!cn 11 e.
M 9. Section 235 cf the Atom!c luiergy Prcwf6f, hcvere, That no add!tton to or (2) of the Atomic Energy #ct of 1954, at Act of 1954, as amended. Is amended to read reduction from the a nount erpreuly author. o;!aite locaticns in the vic!ntty of the Edge-a8fobo*1:
Lted to te app-eprinted for any purpwe in snont, South Dakota. uranturn In111 site. Such
- Src. 236. Sancrract or Nec2 ram PAcn n rze cecordance with this sutweetion sha!! reduce prcgram aball por2de !cr necessary mon! tor.
Da PtrWAny person who intenticna; e ar t' the amounta semilable for ram-ccWed therma! L3g and.enytnef ing asaceaments at such willfully destroys or causes pbvalca.1 Okzhh
- riarter safety resesrch and inst breeder locations a nd the estatatshment and pet.
to cr a bo intentionCJy and m 19
~%,
rw W sa?cty research spectSed *.a paragraph (t) of formance of requirementa for the rnamre.
te:cpts to destroy or cause php!(*=.*****p--..
suboxtien (m),
spent. inchiding remedial action, of such to-LI 3
....... ~ -
aly'31,[980 CONGRESSIONAI. RECORD--SENATE
.S 10137
'in any produevon f aemty or utmutien In the latter part of Februuy and time. Congress wra also considering the nt carly March of 197D, there were extrJss3ve supplements.1 appropt intaons bill, and
%y maued under tr.ts Act.
any cuetear s ete storage f actitt7 decu.sions betwt en sta: membeJs of Lenator INotrYr and I took it upon our-r.a.4 under this Act, the Appropnr.taons and Danhng Com-selves to sugest the nddition of the con-m uy r>uclear fuel for such a utturatton nittecs concerrung the levels neceuary ference report, in its enttrety, to the ren-h[ta to cau*e a mechanical interrupuen f or v.M h acMy cf h WM-erd sder.cntal Ms was an unusual n._
ity, re i rsen o au s or t.
Import Bank Considerable tinic was procedure, but one which we felt was
~
'nm: 61 operation of any product:on racu. tpent gol=g over the numbers to try and necessary in order to ator Cbngrer.s to
'. uttuntion f aculty er r.uclear waste stear-determine what us necess.ary.
work its will on the conference report.
a rarusty licensed under tL:s Act throub What sas the aFmmutration doing? Without the adoption of the conference unauthcrtzed use of cr ta:npering **.th They were testifying before Ccngress report programs would operate under the yhine7. mmponents. e-controa c; any that the $4.1 billon they had requested continuing resolution at fiscal year 1979 cyYuI:ca mIy 1 d was enough !ct their needs.
levels, which for Ex-Im direct loan au.
..mv ea rs n
IAst s-er it became clear that in thority meant a level cf $3.*15 Fni!on. en
' car this Act aban te f.ned riot more than w/) or imprisoned tv-not more than ten excess of 39 biluon in cirect loan au-amount then nearly exhausted. This was Wre, or botta **.
- thonty could be toed s.nd was in 1act done at a time when the s.dministration I?.rc. 30. ne ocntrouer General of the needed if the Bank were to continbe a was urging us to'taclude in the supple-dtN1 btatet. In cocperstlun w:th the Com-norgng] ppergtjon, mentg} pn}y thogg gggereneeS betwMn Lacon. ts etrected to concuet a cetailed What was the t.dministratjon d0ing? the continuing resolution t.nd the con.
Ley c; the cystem of the Geners: Pu t:11e They were int.isting that $4.1 billion ference report, except for the diference y e$e
- rIe, vtsenough.
between the Export-Irnport number in r tu a
1 htric pcrer in Pennn:tanta and New Jer.
In September,I and others drew up an the continuing resolution in the confer-
% in cceection with such study, the amendment wh:ch sould have gtven the ence report. In other words, they v ere m's. sten stan pree:ce s:1 para: tee anist-Export-Import Bank a total of $8 billion still insisting on the $4.1 billion, and still
.ca in fuur devele;tr.: the terulato y re-in direct 103.n kuthonty.
suggesting the o!!-budget WB at;;ror.ch.
cnsit:1ltles cf the Ccmmhslor. Es they Wggg g.as the E.".imtration DOI.ng?
Mr. President, my colleAguCS are awr.rt s.e to the restart, c:ee-up and reeem-
-. hey were telung us St.1 buhon wr.s of what then happened with respect to I:.N:Yr[ehe a q tcEr enough.
the supplemental bill While we were p
e.
e s::g a:: eemary steps'to r-eten the pub.
In late September, when we went to successful on the Senate r,ide by includ-
- bea:th ar.d safety, to ec:aicer and act en the floor ci the Senate with the Escal-ing the e.ntire conference report in the a que uo:. et rena-utg nree MUe 1Aland yes.r 1950 fore:gn o;erations apptcpria-supplemental the House not cnly refused et. na controuer Gene-s! shan report to tiens bill, it be:ame clear that 1.he to go along with that, but approved a a ccrrus no later than htruary 1.1922, budgetary situation was such that we very r. mall amount for functics 150 tre resu:te-ci the twey, tz.c:using a were forced to reduce our amend =ent items, excluding funds fer the Erport-YtItIt re a[e and M to $S tillion for direct loan authonty.
I= port Bank. Thus that institution is s cr et
- ccme:. cat: ens to the congess.
Tais amendment was corponscred by now out of funds, and sithout this till myself, Senator IworTI, and Senator they would be re<;uired to r. hut down their Mr. MOYNIHAN. M r. President. I Mms, and had been strongly urged by cperctions until October 1,
.cre to reecnsider the scte by wh;ch the various members of the Banking Com-Shortly af ter the July 2 debacle on the 3 W PWed-m!: tee, includ=g Senators Stric'rsoN House Loor. I put tcrether a proposal Mr. EIMPSON. I move to lay that mo-and EnNn. It was accepted by the Sen-which would allevnte the Export-Import
- n cn the tr.tle.
a te.
Bank's ratuation and this proposal,
~~
The motien to lay on the table was What was the n' "mtration doing? which was released on July 10, was sub.
UC*d 10-They opposed our amend nent and sequently cosponsored by the chairman Mr. MOYNIHAh,. Mr. President, I kept insistmg that $ 4.1 billion was and rank 2ng membe s cf the full Appro-
- ggest the absence of a querum.
enough.
priations Committee, the Foreign Oper-The PRESIDING OITICER. The The conference on the fcreign a!d bill ations Appropriations Subcommittee,the rJk will call the rell.
began in late October, but did not con-SubcomMttee of En9Hnr which author-The assistant ler.slative clerk pro-clude until late February, partially due ires tne Ex-Im Bank, and uveral other ded to cr.ll the roll.
to the fact that the Senate ccnferees distingui.hed Members of the Senate.
Mr. GARN. Mr. President. I ask refused to g:ve in to the demands of the Only af ter my proposal was made known nanimous etnrent that the order for f House and the ad=inistration that we did the administration then meet, and
- e quo um call be rescinded.
reduce our nu=ber back to $4.1 tillica. wonder o' vonders, they again decided The PRESIDING OFFICER. Without p M.* we concluded with a $5 tilhon to push their ongmal position. except Meetten. it is so crdered.
i cc= promise.
now it would call for 84 billion in direct Whnt was the ad;ninistration domg7 loan authority, a $10') million reduction, XPORT-DSORT EAE PROGRAM Over this protrr.cted conference, we with their new angle being additional AUTHORITY had to Lght both tne House and the guarantees.
adminktration who were insisting that Now, Mr. President, bere we are again.
The PRESIDING OPFICER. Under the $4.1 billion was enough. However, with The House has sent over the su -inis-d reneus order, the Senate mil now pro-the fiscal year 1931 budget submission tration's prt>pocal, and the su'Mnktra-ted to the considerat on cf House Joint en January 28. the administratien did tion is asking us to accept it. I have tsolution M9, which the clerk Mil state suggest a standby, oC-budget agreement compromised ernr.igh on this er,tter, U *M -
nth the Federal nn tncing En:2, which go;ng, as I have said, from an origint.2
'Ite W.istant legislative clerk read as incredibly enou2 sould have been taed posiuon of 38 billion in direct locn au-dows '
end disbursed not in accordance with Ex. thority down to 35 billion in direct loan a 1: r.t resolutten GI). nn. tm) prortd-Im rules and rertJations but in accord-authonty, at a time when the admin-Pi!
1r a m tic W rrorrarn authority for the ance with directions riven by a combl-istration has not changed its pocition nation of OMB, the Department of on e ic%.
The Sennte proceeded to consider the T casury and Ex-Im.
Mr. Pres! dent, what are the de-
..nt ter.cluticn.
On March 3, the Eudget Com=1ttee helencies in the n'Mratration's pro-Mr. G ARN. Mr. President. new that we put the reestimstes~ into the score-paal? nrrt, it is direct loan authority
- e considering this emerrency legisla-keeping system t.hus making any Eddt-that is needed not more guaranto.s.
On to previde additional prog-am ac-tional approprinticn measures sub):ct to &xond under the adrninistration's pro-
@ f or the Export-l= pert Ennk, I a point of o-der under the Eud;:et Act. po*al we have been informed that only uns it 3 ould be worthuh!!c to detail This situation did r ot change unul June thcse prehm2 nary ec nmitments carry-
'e hutory of this matter, det,tihng what when Concren hnnily pwed a third ing 3% percent will be financed, tM-pushing fovard the majority of 6C'-*MW
.e nrae tried to do for the Bank smee rc<olution. With wom thus avaliable. the standmg PC's which in fact carry f4eMgot
- e cruinal budget subminion, and the conference report could then hate bran
- Entitration's response to those ef-enlled up, bu. for various reasons the terest rates lower timn E% percent.
.rts House refused to take it up. At that Third, the ahhtrktjon's prognal 3
=
pwa m ass ~
~
?
- 1. Does not extend NRC authority to existing DOE facilities.
2.
No flat State veto.
AGREES WITH NRC POSITION.
3.
Provides multi-step review process with informal NRC participation.
AGREES.
t 4.
Provides for licensed repository. AGREES.
5.
Provides for Presidential / Congressional decision on State objections before full NRC review.
DISAGREES WITH NRC POSITION THAT FULL NRC REVIEW SHOULD COME FIRST.
6.
No role for non-host States.
DISAGREES WITH NRC POSITION.
7.
Includes funds for State Review Board.
AGREES 8.
Establishes deadlines for completion of activities including issuance of CP.
N.
,i 9.
Does not incorporate specific standards or design specifications.
AGREES.
10.
No delimitation of grounds for State objections.
DISAGREES 2
-WITH NRC POSITION THAT GROUNDS SHOULD BE SPELLED OUT AND PROBABLY LIMITED TO HEALTH, SAFETY, ENVIRONMENTAL CONSIDERATIONS.
i s
u
}
i f
e I
i I
-. -,., =
L
.s, PRS 164
.1
[ Draft of the Substitute for H.E.
]
96th CONGRESS
[ j ~~/g
,2d Session H. R.
f IN THE HOUSE OF REP,RESENTATIVES Mr.
Introduced the following mill; which was referred to the Committee on A BILL 4
i
\\
.i':
A bill to establish licensed permanent repositories for
[
transuranic waste, high-level radioactive waste, and spent l
fuel, to authorize State compacts for the establishment and operation of regional repositories for low-level caoloactive l
waste, and for other purposes.
1 ge__it enacted _ v the Senate and Mgyge of R 2C2520 tat 1Y2E_
2 2
af the Uhited Statgg_of Amerj ca in Cgogtgss assemblgd,,
l wyw.
s e.
PRS 164 2
1 Sh' ort Title 2
Section 1.
This Act may oe cited as the Nuclear Waste 3
Policy Act.
4 Definitions 5'
Sec. 2. As used in this Act--
6 (1) The term Commission means 'the Nuclear 7
Regulatory Commission.
8 (2) The term disposal means the long-term 9
isolation of radioactive waste.
'is (3) The term high-level racioactive waste means 11 the highly radioactive wastas resulting from the 12 reprocessing of spent nuclear fuel. Such term includes 13' Doth 11 auld vaste which is produced directly in 14 reprocessing, dry solid material derived from such 15 liquid waste, and such other material as the Commission 16 designates as high-level radioactive waste for purposes 17 of protecting the public health and safet,y.
18 (4) The term ' ' Indian reservation means--
19 (A) the Indian reservations and dependent Indian 20 communities referreo to in clauses (a) and (b) of 21 sec',lon 1151 of title 18, United States Code; and 22 (B) lands selected oy Alaska Native villages or 23 regional corporations under the provisions of the I
24 Alaska Native Claims Settlement Act.
25 (5) The term Indian tribe means any Indian py.._
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bSS164 t
tribe, band, nation, or other organized group cc
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community of' Indians recognized as eligible for the E
2 services provided~to Indians by the Secretary cf the 3
Interior because of-their status as Incians, including 4
of any Alaska Native village, as defined in section 3(c) 5 the Alaska Native Claims Settlement Act. (43 U.S.C.
6 7
1602).
The term low-level radioactive waste means 8
(6) radioactive waste not classified as high-level 9
radioactive waste, transuranic waste', spent nuclear fuel, or byproduct material as define,c in section 11 e."
10 11 of the Atomic Energy Act of 1954.
12 (2)
The te m repository'
- means any facility for 13
'(7) the permanent disposal of transuranic waste, high-level 14 radioactive waste, spent nuclear fuel, or any 15 comoination of such wastes or fuel, whet'her or not such 16 facility is designed to permit the subseguent recovery 17 of the materlais placed in the repository.
18 (8) The term Secretary means the Secretary of**
19 20 Energy.
The term site characterization means
- 21
.( 9 )
activities undertaken to cetermine the geologic 22 characteristics of a site and to otherwise determine if 23
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a site meets the requirements applicable to sites for
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24 repositories. Such term includes borings, surface 25 O
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excavations, excavations of explcratory shafts, and in
- I 1
situ testing needed to determine the suitability of a
- 2 s'ite for a geologic repository, but does not include 3
preliminary Dorings and geophysical testing needec to 4
decide whether site characterization should be 5
6 undertaken.
The term spent nuclear fuel means fuel that 7
(10) has been withdrawn from a nuclear reactor following 8
irraciat ton, the constituent elements of which have not 9
been separated by reprocessing.
13 The term State, means' any State of the United 11 (11)
States, the Dis, rict of Cclumbia, the Commonwealth of t
12 Puerto Ricc, the Virgin Islands, Guam, the Northern 13 Mariana Islands, the Trust Territory of the Pacific 14 Islands, and any other territory cr possession of the 15 16 United States.
l The term State Review Board means any State
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Review Board that meets the requirements under section 18 136, as so determined by the Cec' etary.
19 The term transuranic waste means material 20 (13) contaminated with elements which have an atomic number 21 greater than 92, including neptunium, plutonium, 22 americium, and curium, which have a half life greater 23 than 5 years, and which are in concentrations greater, 24 than 10 nanocuries per gram or in such other 25 1
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concentrations as the Commission may prescribe to 1
2 protect the public health and saf ety.
TITLE I--DISPOSAL OF TRANSURANIC WASTE, HIGH-LEVEL 3
RADI0 ACTIVE WASTE, AND SPENT-NUCLEAR FUEL 4
Findings and Purpose 5
6 Sec. 101. (a) Findings.--The Congress finds that--
(1) radioactive waste creates potential risks and 7
requires safe and environmentally acceptable methods of B
9 disposal; (2) the accumulation of spent nudlear fuel from 10 nuclear power reactors, radioactive waste from 11 commercial nuclear reprocessing, activities related to 12 i
medical research, diagnosis, and treatment, and nuclear 93' research and development activities, and radioactive 14 i'
waste from other sources, has created a inational 15 i
16 proDiem;
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. 17 (3) Federal efforts.during the past 3's years to 1
devise a permanent solution to the problems of I
l 18 i
f radioactive waste disposal have not been adequate; 6
19 20 (4) the Federal Government has the responsibility to provice for the permanent disposal of transuranic waste, 21 8
high level radioactive waste, and spent nuclear fuel in I
22 order to. protect the public health and safety and the 23 24 common defense and security; j
l 25 (5) the primary objective of repositories fcr such i
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waste is to isolate them from the Diosphere; 1
State and public participation in the plannind 2
(6) and development of permanent repositories for the 3
disposal of radioactive waste is essential in order to 4
promote confidence among the public with regard to the 5
safety of disposal of radioactive waste; 6
the implementation of a radioactive waste 7
(7) repository program in accordance with this title woulo 8
provide reasonable assurance that methods cf safe 9
cisposal of transuranic waste, high-level radioactive 10 waste, and spent nuclear fuel can be available when such 11 methods are needed; and 12 (8) radioactive waste has become a major issue of 13 public concern, and stringent precauticns must be takEn 14 to ensure that radioactive waste does not adversely 15 af f ect the public health and saf ety of this or future 16 17 generations.
Purpose.,--It is the purpose of this title to--
10 (b) establish a schedule for the siting, 19 (1) construction, and operation of licensed permanent 20 j
- repositories for transuranic waste, high-level 21 radioactive waste, anc spent nuclear fuel which will 22 provide the Congress with a reasonable assurance that 23 the puDlic will'oe adequately protectec from the hazards 24 25 posed by such wastes;
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285164 7
estaolish the Feceral responsiollity for the 1
(2) disposal of such' wastes from nuclear activities, and 2
establish a definite Federal policy for the (3) 3 disposal of such wastes.
4 Identificaticn of sites for repositories 5
- 1981, Guidelines.--Not later than June 30, 6
Sec. 102. (a) the Secretary shall, in consultation with the Council on 7
Environmental Quality, the Environmental Protection Agency, 8
tne Nuclear Regulatory Commission, and the United States 9
Geological Survey, issue guidelines f cr khe recommendation 10 of sites for repositories.
Under the gui.delines the 11 Secretary shall specify factors that would disqualify a site 12 cevelopment as a repository, including f actors pertaining to 13 the location of valuable natural resources, proximity to 14 populations, hydrogeophysics, seismic activity, and nuclear 15 cefense activities. The guidelines shall require the 16 Secretary to censider the various gecicgic media in which 17 sites for repositories may be located anc, to the extent 18 practicable, to recommend sites in different geologic medi'a.
19 The Secretary shall use guidelines established uncer this 20 subsection in considering sites to be recommended under 21 The development of guidelines under this f
22 subsection (b).
suosection shall ce considered a preliminary decisionmaking 23 activity and shall not be subject to the requirements of 24 of the National Environmental Policy Act 25 section 102(2)(C) 0 l
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1 of 1969.
- I Not later than Recommendations Dy the Secretary.--(1) 2 (D) p 1982, the Secretary shall identify and recommend 3
January 1, to the President at least two sites which the Secretary 4
cetermines are sultaDie for site characterization. Not later i
5 1985, the Secretary' shall identify and 6
than February 1, recommand to the President at least two accitional sites 7
which the Secretary _ determines are suitable for such B
purpose. Each recommendation of a site shall include a 9
catalled statement of the basis for the recommendation. If' 10 the Secretary recommends a site to the President, the 11 Secretary shall notify the State Review Board of the State 12 in which the site is lccated, or the governing body cf any 13 Incian trice on whose reservation the site is located, of 14 tne Secretary's recommendation and the basis for such 15 16 recommendation.
17 Before recommending any site fcc a repositcry to the 18 (2)
Presloent, the Secretary shall hold public hearings in the 19 vicinity of the site to inform the residents of the area in 23 which the site is located of the proposed recommendation ana 21 to receive their comments.
22 Presidential Review of Recommended Sites.--(1) The 23 (c)
Presicent shall review each site recommended by the 24 Within 60 days after the Secretary under subsection (b).
25 e-
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suomission of a recommendation for a site, the Presloent 1
.I' shall either approve or disapprove the site, and transmit.
2 his decision to the Secretary and the State Review Board of 3
the State in which the site is located. If the President 4
fails to approve or disapprove the site in accordance with 5
this paragraph during such 60-day period, or within such 6
to period f alls to invoke his authority under paragraph (2) 7 delay the cetermination, the site shall De considerea to De 8
9 approved.
The President may celay for not more than 6 months 10 (2) to. approve or disapprove a his decision under paragraph (1) 11 site upon determining that the information provided with the 12 recommendation is not sufficient to permit a cecision within 13 The the 63-day period referred to in paragraph (1).
14 Pc'esident may invoke his authority under this paragraph'by 15 submitting written notice to the Congress, w'ithin such
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16 period, of his intent to utilize the authority provided 17 under this paragraph. If the President invokes his authority 18 under this paragraph but f alls to approve or disapprove a**
19 site at the end of such 6-month period, the site shall be 20 considered to be approved.
21 Continuation of Site Screening.--After the 22 (d) the Secretary icentification of sites under suDsection (b),
23 shall continue to screen other sites to determine.their 24 suitaollity for site characterization.
25
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10 I,
Site Characterizaticn 1
I (a)'In General.--The Secretary shall carry 2
Sec. 103.
out in accordance with this section appropriate site 3
characterization activities at each site approvec under 4
5 section 102.
6 (D) Nuclear Regulatory Commission and State Review 7
Boards.--(1) Before proceeding to sink shafts at any site, the Secretary shall submit for such site to the Commission 8
and to the State Review Board of the State in which the site 9
is located, or to the governing body of any Indian tribe en 12 whose reservation the site is located, for their review and 11 12 comment--
13 (A) an environmental assessment of the nonradiological impacts of the site characterization 14 activities planned for such site and a discussion of 15 alternative activities which may be undertaken to avoid 16 17 such impacts;
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18 (B) a plan'for site characterization activities to be conducted at such site which plan shall include--
19 20 (1) a dtscription of the site; a description of the site characterizaticn 21 (11) activities, inclucing the extent of plannea 22 excavations, plans for any on-site testing of 23 radioactive or nonradioactive material, 24 investigation activities uhich may affect the 25
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PRS 164 11 ability of the site to isolate radioactive wastes 1
and spent fuel, and provisions to control any 2
adverse, safety-related impacts fecm site 3
characterization activities; 4
5 iiii) plans for the decontaminating and cecommissioning of the site'if it is cetermined 6
unsuitable for application for licensing as a 7
8 repository; criteria to be used to determine if the (iv) 9 site is acceptable as a site fer'a repositcry; and 10 11 (v) any other information required by the Commission; and 12 proposals describing the possiole form or 13' (C) packaging for the waste material and spent fuel which 14 would ce emplaced in the repository.
k 15 During the conduct of site chbracter'ization 16 (2) activitiesatasite,thesecretaryshallred,orttothe
, 17 Commission and to the State Review Board of the State in 18 Which the site is located, or the governing body of any 19 Indian trice on whose reservation the site is located, on 23 the nature and extent of such activities and the information 21 covelopea from such activities.
_ 22 Tests.--The Secretary shall conduct at sites at 23 (c)
Which site characterization activities are being ccnducted 24 such tests as may oe necessary to provide the necessary data 25 4
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i PRS 164 12 for an application for a construction authcrization fer a 1
1 repository at the site and for compliance with the National 2
The Secretary shall Environmental Policy Act of 1969.
3 report to the Commission on the tests conoucted at a site 4
pursuant to this subsection and on the information developed 5
6 from such tests.
7 (d) Restrictions.--(1) In conducting site characterizaticn activities or tests pursuant to sucsection 8
9 (c)--
the Secretary may not use. radioactive materials 10 (A) at a site unless the Commission and the Secretary concur 11 that such use 1s necessary to provide data for the 12 suomission of an application for a construction 13 authorization for a repository at the site; 14 if radioac,tive materials are placed in a site, 15 (B) the Secretary shall place the smallest quantity 16 necessary to determine the suitability of the site for a 17 repository, out in no event more than the curie 18 eaulvalent of'10 metric tons of spent fuel; and 19 any radioactive material used or placed on a 20 (C) site.shall De fully retrievaole.
21 If characterization activities are terminated at a 22 (2) site for any. reason, the Secretary shall remove any nuclear 23 waste, spent nuclear fuel, or other radioactive materials at 24 j
or in the site as promptly as practicaole.
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Site Approval and Construction Authorizations 2
Sec. 104.
(a) In General.--If after' completion of site 3
characterization activities at a site--
4 (1) the Secretary determines that the site meets the 5
requirements applicable to repositories, the Secretary 6
snall proceed in accordance with this section to secure 7
approval of the site and a construction authorization 8
for construction of a repository at the site, or 9
(2) the Secretary determines that the site dces nct 10 meet such requirements, the Secretary shall notify the 11 State Review Board of the State in which the site is 12 located of such determination.
13 (D) Hearings and Presidential Recommendation.--(1) If in after completien of site characterization activities at a 15 site the Secretary determines that the site meets the 3
16 requirements applicable to repositories, the' Secretary shall 17 hola puolic hearings in the vicinity of the site to inform 18 tne residents of the area in which the site is located of 19 the determination of the Secretary and to receive their 22 comments. If upon completion of the hearings the Secretary l
21 affirms.the determination, the Secretary shall submit to the 22 Presicent a recommendation that the President approve the 23 site f or the. development of a repository. Together with any 24 recommendation of a site under this paragraph, the Secretary 25 shall submit to the President a report containing the e
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PBS164 14 1
following:
2 (A) A description of the proposed repository, including. engineering plans for the facility.
3 4
(B) A description of the waste form or packaging S
proposed fcr use at the repository.
6 (C) A ciscussion of data,'octained in site character 1:ation activities, relating to the safety of 7
8 tne repository site.
A final environmental impact statement for the 9
(D) site and the design of the repository as requirec under 10 the National Environmental Policy Act of 1969 together 11 with comments made concerning the environmental impact 12 statement by the Department of the Interior, the Council 13 on Environmental Quality, the Environmental Prctection 14 Agency, and the Nuclear Regulatory Commission.
15 Preliminary comments of the Nuclear Regulatory 16 (E)
Commission concerning the extent to which the at-depth 17 site characterization analysis and the Waste form 18 proposal for the site seem to be sufficient for 19 inclusion in any application to De.suDmitted by the 20 Department of Energy for licensing of the site as a l
21 permanent repository for high-level racloactive waste 22 23 and spent fuel.
24 (F) The views cf any State Review Board, or governing cody of any Indian tribe, which is affected by 25 l
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o PRS 164 15 such site, as determined by the SecretEry, together with 1
tne Secretary's response to such views.
2 Such other information as the Secretary 3
(G) consicers appropriate to provice a complete statement of 4
the basis for the recommendation of the site fcc 5
licensing as a repcsitcry for the disposal of high-level 6
radioactive waste and spent fuel.
7 8
(2) Not later than March 30, 1987, the President shall suomit to the Congress a recommendation of a site which the 9
President considers qualified for application for license as 10 a repository. The President shall sucmit with such 11 recommendation a copy of the report for such site prepared 12 After such date, the by the Secretary under paragraph (1).
13 Presicent may suomit to the Congress recommendations for 14 other sites which the President also censiders suitable fcr 15 such purpose, together with such reports.
16 If the approval of a site recommendation for the 17 (3) initial repository proposed as required uncer paragraph (2) 18 coes not take effect as a result of a disapproval by the i
19 l
Congress under section 105, the President shall submit tc 20 the Congress; within one year after the disapproval of the 21 recommendation, a recommendation of another site fcr an
(
l 22 initial repository. The President may not recommend the 23 approval of any site under this paragraph unless the 24 Secretary has recommended to the President under paragraph 25 e
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.I PRS 164 16 1
(1) approval of such site and has sucmittea to the President-a report for the site as' required under such paragraph.
2 3
.(c) Submission of Application.--If the President recommends to the Congress a site for a repository under 4
5 subsection (b) and the site designaticn is permitted to take effect unoer section 105 (pertaining to Congressional 6
7 disapproval), the Secretary shall submit to the Commission a license application for the construction of a repository at 8
the site within 90 dcys after the date on which the 9
recommendation of the site designatien is effective under 10 such section and shall provice the State Review Boarc of the 11 State in which the site is located, or the governing body cf 12 a' y Indian tribe on whose reservation the site is located, a 13 n
14 copy of the application.
15 (d) Status Repcet for Constructicn Permit Authcrizatien--
No later than 2 years after the date on which an application 16 for a license application is submitted under subsection (c),
17 18 the Commission shall suomit a report to the Congress describing the proceedings undertaken through such date with 19 regard to the authcrization applicaticn submitted, including 20
' 21 a description of--
22 (1) major unresolved safety issues, and the 23 Secretary's explanation of design and operation plans 24 for resolving such issues; 25 (2) matters of contention regarding the application; h
4.,.
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j 285164 17 any Commission actions regarding the granting or' 1
(3) 2 denial of the auther12ation.
3 (e) Commission Action.--The Commission shall consider a license application for the construction of a repository in 4
accocaance with the laws applicaole to'such applications, 5
except that the Commission shall l'ssue a final decisicn 6
approving or cisapproving the first such application not 7
8 later than--
9 (1) January 1,
1990, or 10 (2) the expiration of four years'after-the date of 11 the submission of the appl 1 cation, 12 whichever occurs later.
Review of Repository Site Selection 13 14 Sec. 105. (a) In General.--The designation of a site for a repository shall be eff ective at the end of the 30-day 15 perios ceginning on the date that the Eresicent recommencs 16 the site to the Congress under section 104 udless a State 17 Review Board has, submitted to the Congress a petition for 18 disapproval under section 106 or the governing body of an'*
19 Indian tribe has submitted such a petition under section 23 107. If any such petition has Deen submitted, the approval 21 of the designation shall not be effective except as provided 22 23 uncer suosection (b).
24 (b) Congressional Review of Sites.--(1) If the President 25 submits to the Congress under section 104 a recommendation
e PRS 164 18 i
i for approval of a site as a repository ano either a State Review Board submits to the Congress a petition f or 2
3 disapproval under section 106 or the governing cody of an Indian tribe submits to the Congress such a petition under 4
5 section 107, the designation of such site for a repository 6
shall De ef f ective at the end of t'he first period of 90 7
calendar days of continuous session cf the Congress after i
8 the date of transmittal of the recommendation of approval Dy 9
the President'to the Congress, unless, during such period, either House of the Congress passes a. resolution the matter 13 11 after the resolving clause of which reads as follows: The 12
approves the pe tition sub mitted by --------------
13 c'egarding the disapproval of the site at -------- for a repository for the disposal of high-level radioactive waste, 14 15 transuranic waste, and spent fuel.; (the first blank space 16 ceing fillec with the designation of the appropriate house 17 of the Congress; the second blank space being filled with the name of the State Revi'ew Board or Indian trice governing 18 cody the petition of which is approved, the third blank 19 22 space being filled with the geographic location of the 21 proposed.cepository site). For purposes of paragraphs (3) 22 through (7) of this subsection, the term resolution
23 means a resolution descriced oy this paragraph.
24 (2) Paragraphs (3) through (7) of this subsection are 25 enacted by Congress--
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19 1
(A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, ' '
2 ano as such are deemec a part of the rules of each 3
House, respectively, but applicable only with respect to 4
I tne procecure to De followed in that House in the case 5
of resolutions described by paragraph.(1) of this 6
subsection; and the. provisions of such paragraphs 7
supersede other rules only to the extent that they are 8
9 inconsistent therewith; and 10 (B) with full recognition of the constitutional right of either House to change the rules (so far as 11 relating to the procecure of that House) at any time, in 12 the saine manner and to the same extent as in the case cf 13 14 any other rule of the House.
15 (3) A resolution once introduced with respect to any site designation shall immediately be referr'ed to a 16 committee (and all resolutions with respect to the same site 17 designation shall be referred to the same committee) by the l
18 Presicent of the Senate or the Speaker of the House of 19 20 Representatives, as the case may be.
If the committee to which a resolution with 21
( 4 ) (.A )
)
respect to a site designation has been referred has not 22 reported it at the end of 20 calendar days after its 23 referral, it shall De in order to move either to discharge 24 the committee from further consideration of such resciutico l
25 L
PBS164 20 1
or to cischarge the committee from further consiceration of
- 2 any other resolution with respect to such site designation 3
which has oeen referred to the committee.
4 (B) A motion of discharge may be made only by an 5
individual favoring the resolution, shall be highly 6
privileged (except that it may not'be made after the 7
committee has reported a resolution with respect to the same 8
site designation) and debate thereon shall be limited to not 9
more than one hour, to be divided equally between these
.10 f avoring and those opposing the resolution.
An amenonent to 11 the motion shall not be in order, and it shall not be in 12 order to move to reconsider the vote by which the motion was 13 agreed to or disagreed to.
~
14 (C) If the motion to discharge is agreed to or disagreed 15 to, tne motion may not De renewed, nor may another motion to 16 discharge the committee be made with respect to any other 17 resolution with respect to the same site designation.
18 (5)(A) When the committee has reported, or has been l
19 discharged from further consideration cf, a resolution it 23 shall De at any time thereafter in order (even though a I
l 21 previous. motion to the same effect has been disagreed to) to i
I 22 move to proceed to the consideration of the resolution.
The i
23 motion shall La highly privileged and shall not be 24 debatable.
An amendment to the motion shall not be in 25 order, and it shall not De in order to move to reconsider
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PRS 164 21 1
the vote by which the motien was agreed to or. disagreed to.'
2 (B) Decate on the resolution referrec to in suoparagraph 3
(A).of this paragraph shall be limited to not more than 5 4
hours, which shall De divided equally between those favoring 5
and those opposing such resolution.
P. act. ton further to 6
limit debate shall not be debatabic.
An amendment to, or 7
motion to recommit, the resolution shall not be in order, 8
and it shall net be in order to move to reconsider the vote 9
oy which such resolution was agreed to or cisagreed to.
.10 (6)(A) Motions to postpone, made with respect to the 11 cischarge from committee, or the consideration of, a 12 resolution, and motions to proceed to the consideration of 13 other business, shall be decided withcut debate.
14 (B) Appeals from the decision of the Chair relating to 15 the application of the rules cf the Senate or the Hcuse of 16 Representatives, as the case may De, to the ' procedure 17 relating to a resolutlen shall be decided without debate.
i 18 (7) Notwithstanding any of the provisions of this 19 subsection, if a House has approved a resolution with 20 respect to a site designation, then it shall net be in order 21 to consider in that House any other resolution.with respect 22 to the same such site designation.
23 (c) Computation of Days.--For purposes of subsections 24 (a) and (b) of this section--
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25 (1) continuity of session of Congress is Droken only l
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by an adjournment sine die; and 2
(2) the days on which either House is not in session
.because of an adjournment of more than 3 days to a day 3
certain are excluded in the computation of the 90-day 4
5 period.
State Review Boards 6
7 Sec. 106. (a) Definition.--(1) For purposes of this title, a State Review Board of a State is an entity of the 8
9 State which is--
10 (A) created under State law with the authority 11 described in paragraph (2) and the composition
~
12 prescribed by paragraph (3); and 13 (B) determined by the Secretary to be established in 14 accordance with this section.
A State Review Board shall be authcrized. under State 15 (2) 16 law to--
l 17 (A) review activities under this title and activities of the Commission with respect to any site in 18 the State for a repository to determine the potential 19 20 economic, environmental, social, and public health and safety impacts of the repository on the State and its 21 22 residents; 23 (B) D.e a representative of the State in any proceeding before the Commission respecting a site for.a 24 25 repository in the State; and
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(C) submit, in accordance with subsection (b), to I
2 the Congress petitions requesting the Congress to aisapprove, in accordance with section 105, construction 3
4 of repositories in the State.
5 (3) The State Review Board shall consist of memoers 6
representing the interests of the general public in the 7
State, including members appointed to represent the 8
interests of any Indian tribes and local governments which wouldbeaffectedbythehepository.
O 10 (4) The State Review Board shall hold meetings open for 11 public participation nct less than once every 4 months, at 12 which meetings the Board shall receive anc to the extent p'racticable place on its agenda matters submitted by Board 13 14 memoers.
15 (5) The authority of State Review Boards shall not be applicable with respect to sites located on ' Indian 16 17 reservations. Any references contained in th s section so 18 sites located wi. thin a State shall not be deemed tc include 19 sites locateo on Indian reservations within the State.
20 (b) Participation in Repository Licensing Decisicns.--
Upon the.suDmission Dy the President to the Congress of the 21 22 recommendation of a site for a repository, the State Review 23 Board of the. State in which the site is located may, by 24 majority vote of the membership of the Board, submit a 25 petition to the Congress requesting that the Ccngress O
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Cisapprove the site designation. A State Review Boato may 2. submit such a petition'to the Congress not later than the 3
30th day after the date that the President recommends the 4
site to the Congress under section 104. A petition shall be 5
considered to be submitted to the Congress on the date of 6
the transmittal of the petition to the Speaker of the House 7
and the President Pro Tempore of the Senate.
The petition 8
shall be accompanied oy a statement of reasons explaining 9
why tne petition should be granted.
1B (c) Financial Assistance.--(1) Subject to paragraph (2),
11 and to the availability of funcs to carry out this 12 paragraph, the Secretary shall make grants to the State 13 Review Boards of each State in which a site fcr a repository 14 has been approved under section 102(c).
Grants under this 15 paragraph shall be made under such terms and conditions as 16 the Secretary may prescrice, and the amount of funds 17 provided a Board under this paragraph in any fiscal year may 18 not exceea 75 percent of the costs of the operation of the 10 Board in such year as determined by the Secretary. Salaries 23 and travel expenses which would ordinarily be incurred oy 21 any State or local government shall not be considered part 22 of the budget of the Beard and shall net be eligible for 23 payment under th's section.
i 24 (2) A State Review Board may not receive any grant af ter 25 tne expiration of one year after--
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4 PRS 164 25 1
(A) the.date the Secretary notifies the State Re. view 2
Board under section 104(a)(2) that a site in the State 3
does not meet the requirements applicable to 4
repositories, (B) the date on which the site is disapproved Dy the 5
6 Congress under section 105, or 7
(C) the date on which the Commission disapproves an 8
application for a construction authorization for a 9
repository at a site in the State, 10 whichever occurs first unless there is another~ site in the 11 State approved under section 102(c) with respect to which 12 the actions descrioed in suDparagraphs (A), (B), and (C) 13 have not been taken.
14 (3) At the end of the one-year period Deginning on the 15 effective date of any operating license fer a repository.in 16 a State, no Federal funds shall be made availacle under this 17 subsection for the State Review Board of the tate in which 18 the repository is located, except for--
19 (A) such funds as may be necessary to support Boafd 20 activities related to any other repcsitory located in, 21 or proposed to be located in, such State, and for which 22 an operating license has not been effective for more 23 than one year; and 24 (B) such funds as may be necessary to support Board 25 activities pursuant to agreements cc contracts fcr
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PRS 164 26 1
assistance entered into uncer suosection (.c) Dy the 2
Board with the Federal Government before the end of such.
3 one-year perloc.
4 (d) C6nsultation.--(1) The Secretary, the Nuclear 5
Regulatory Commission, End other h;encies involved in the 6
construction or operation of a waste repository in a State 7
Shall provide to the State Review Bcard of such State, and 8
to the governing cody of any Indian trice on or adjacent to 9
wnose reservation the repository site is lccated, timely and is complete information regarding determinations or plans maae 11 with respect to the siting, development, design, 12 construction, cperation, or regulation cf the repository.
13 (2) In performing any study of an area within a State 14 for the purpose of determining the suitability of the area 15 for a repository and in subsequently ceveloping and loading 16 any repository within a State, the Secretary sha'.1 consult i
17 and cooperate with the State Review Board of the State and the governing Dody of any.affected Indian trice in an effort 18 19 to resolve the concerns of the State and any affected Indian trite regarding the.public health and safety, environmental, 23 and economic impacts of any such repository. In carrying out 21 22 his duties under this Act, the Secretary shall take such 23 concerns into account to the maximum extent feasicle.
24 (3) As soon as possible after notifying a State cf his 25 decision to study an area within such State as a poss1 Die G
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repository site, the Secretary sha?1 seek to e,nter into a 2
written agreement with the State Review Board of the State 3
anc, where appropriate, a separate agreement with the 4'
governing body of any affected Indian tribe, setting forth 5
the procecures uncer which the requirements of paragraphs 6
(1) and (2) shall be carried out.
The written agreement 7
shall specify procedures--
B (A) by which the State.or the governing body of the
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9
_ Indian tribe (as the case may be) may study, cetermine, la comment on, and make recommendations with regard to the 11 possible health and safety, envircnmental, and economic 12 impacts of any such reposito'ry; 13 (B) by which the Secretary may consider and respond 14 to comments and recommendations made Dy the State Review 15 Board or the governing body of the Indian tribe (as the 16 case may be), including the pericd in Ph'ich the 17 Secretary may so respond; 18 (C) by which the Secretary and either the State 19 Review Boarc or the Indian trice may review or mocify -
20 the agreement periodically; and
, D) for public notification of the procedures.
21
(
22 specified under subparagraphs (A) through (C).
23 Participation of Indian Tc1 Des 24 Sec. 107. (a) Authorities of Tribal Governing 25 Bodies.--The governing body of any Indian tribe on whose
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reservation is located a site approved for site 2
character 1:ation under section 132(c) shall have the 3
authorities descricea under sections 106(a)(2)(A) and 4
106(a)(2)(C).
5 (D) Assistance to Trises.--(1) Suoject to the 6
availability of funds to carry out this section, the 7
Secretary shall provide to the governing body of each Indian 8
trice referred to in subsection (a) such funds as may be 9
necessary to provide technical assistance to the tribe, and 10 to assist the trice in conducting the activities described 11 under sections 106(a)(2)(A) and 106(a)(2)(c) and other 12 similar activities related to the repository.
13 (2) No funds may be made available to the governing body 14 of an Indian tribe under this section with respect tc a site 15 located on the reservation of such tribe after the 16 expiration of cne year after--
17 (A) the date the Se'cretary notifies such governing 18 body under section 104(a)(2) that the site does not meet 1
19 the requirements applicable to repositocles, 20 (B) the date on which the site is disapproved by the 21 Congress under section 105, or 22 (C) the date on which the Commission disapproves an 23 application f or a construction authorization fcc a 24 repository at the site, 25 whichever occurs first,unless there is another site located
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i-PRS 964 29 1
on the reservation of such tribe and approved under section 2
102(c) with respect to which the actions cescrioec in 3
subparagraphs (A), (B), and (C) have not-been taken.
4 (3) At the end of the one-year period Deginning on the 5
effective date of any operating license for a repository 6
located on a reservaticn, no Federal funds shall be made 7
ava11aole unoer'this subsection to the governing body of the 8
Indian tribe on.whose reservation the repository is locate'd, 9
except for--
^
10 (A) such funds as may be necessary to suppcrt 11 activities related to any other repository located in, 12 or proposed to be located in, such reservation, and f or 13 Which an operating license has not been ef fective.for 14 more than one year; and 15 (B) such funds as may be necessary i.,o support 16 activities pursuant to agreements or contracts.for 17 assistance entered into by the governing.'bcdy of the
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18 Indian trice,with the Federal Government Defore the end 19 of such one-year period.
23 Judicial Review of Agency Actions 21 Sec.,108. (a) In General.--Notwithstanding any other 22 provision of law, the actions taken by the secretary to 23 reco.nend a site for approval by the President and in i
24 connection with the site characterization of a site, any l
25 actions taken by the Commission in granting or denying any I
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construction authorization applicaticn submitted under 2
section 134 or for any operating permit for a repository, 3
and any actions described in section 138 shall not be 4
suoject.to jucicial review except as authorized Dy 5
subsection (b).
6 (D) Judicial Review of Actions.--(1) A divil action for 7
judicial review of an administrative action described in 8
subsection (a) may be brought not later than the 180th day 9
following the date of such action, except that the court is referred to in paragraph (2) may extend the time fcr 11 oringing such a civil action if the court cetermines that 12 the f acts on which the civil action is based were not 13 reasonaoly availaole within the applicaDie 180-day time 14 limit.
15 (2) A civil action for judicial review of any such 16 administrative action shall be barred unless a complaint is 17 filed before the expiration of the time limit prescribed by 18 paragraph (1) in the United States Court of Appeals for the 19 District of Columbia Circuit, acting as a special court.
No 20 other court of the United States, or any State, territory, 21 or posse.ssion of the United States, or of the District of 22 Colu'mbia, shall have jurisdiction of any such civil action.
23 Expedited Authorizations 24 Sec. 109. (a) Issuance of Authorizations.--(1) Subject 25 to paragtaph (2), to the extent that the taking of any l
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action related to the characterization of a site or the 2
construction or initial operation of a repository.under this 3
title ree.21res a certificate,.right-of-way, permit, lease, 4
or other authorization from a Federal officer or agency, 5
such officer or agency shall issue or grant any such 6
authorization at the earliest practicable date, to the 7
extent permitted by the applicable provisions of law 8
administered by such officer or agency. All actions of a 9
Federal officer or agency with respect tc consideration cf 10 applications or requests for the issuance or grant of any 11 such authorization shall be expedited, and any such 12 application or request shall take prececence over any 13 similar applications or. requests not related to such 14 repositories.
15 (2) The requirements of paragraph (1) sqallnotbe 16 applicable in the case of any action related( to any permit 17 or otner authorization issued or granted by, Lor requested 18 from, the Nuclear Regulatory Commission.
19 (D) Terms of Authorizations.--(1) Any authorization 20 issued or granted under subsection (a) shall include such 21 terms anc conditions as may De requirea oy law, anc may 22 include terms and conditions permitted by law.
l 23 (2) Except as provided in the second sentence of this I
24 subsection, nothing contained in this section shall be 25 construed to impair the authority of any Federal officer or l
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agency to acc to, amend, or abrogate any term _or condition 2
included in any authorization issued er granted pursuant to 3
subsection (a) if such action.is otherwise permitted under 4
applicable laws administered by such officer or agency.
In 5
the case of any such action which is permitted but not 6
required oy law, the Federal officer or agency shall have no 7
authority to take such action if the terms and conditions to 8
De so adced, or as so amended,.would have the effect of 9
terminating the character 12ation, construction, or initial 10 operation of the potential or permanent repository which the 11 authorization affects.
12 Schedule for certain Standards and Criteria 13 Sec. 113. (a) hPAStandards.--NotlaterthanNovemoer1, 14 1981, the Administrator of the Environmental Protection 15 Agency, pursuant to authority ur. der other provisions of law, 16 shall, by rule, promulgate generally applicable standards 17 for protection of the general environment from radioactive 18 material.
19 (b) Criteria.--Not later than November 1, 1981, the 20 Commission, pursuant to authority under other provisions of 21 law, shall, by rule, promulgate criteria which it will apply 22 in reviewing under the Atomic Energy Act of 1954 and the 23 Energy Reorganization Act of 1974, applications for 24 construction authorizations for tne ccnstruction of 25 repositories.
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Disposal of spent fuel 2
Sec. 111. Notwithstancin ny other provision of this 3
Act, any repository for the disposal cf high-level 4
radiodctive' waste and spent fuel which is cesignec ana 5
constructed under this title shall be so designed and
~
6 constructed that the spent fuel may De retrieved, during an 7
appropriate ptriod of operation of the facility, for any 8
reasons pertaining to the public safety cr for the purpose 9
of-permitting the recovery of the economically valuaDie 10 contents of the spent fuel.
11 Authorization of Appropriations; Contract Authority 12 Sec. 112. (a) Authorization.--There are authorized to be 13 appropriated to the Secretary to carry out this title 14
$5,000,000 for the fiscal year encing September 30, 1981.
15-(b) Contracts.--The authority of the Secretary to enter 16 into contracts under this title shall be effective for any 17 fiscal year only to such extent or in such amounts as are 18 provided in advance by appropriation Acts.
19 Accounting of Expenditures 20 Sec. 113. (a) Record of Expenditures.--The Secretary 21 shall maintain acequate records of all expenditures made 22 under this title which, together with expenditures made by l
23 the United States unoer other laws in connection with the 24 management, interim storage, and disposal of nuclear wastes l
25 and spent fuel, shall provide the basis for any fees to De l
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34 I
t assessed as described under subsection (b).
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2 (b) Fee Collection.--Not later than the cate the Sacretary submits to the Commission under section 104 a 3
license application for the construction of an initial 4
l repository, the Secretary shall suomit to the Congress a 5
8 report proposing f ees to be collected t:c of fset all 6
construction, operation, acministrative, ano other costs 7
incurred by the Secretary in providing for the management, 8
interim storage, and dispcsal of nuclear Wastes and spent 9
The fees specified in the report would be collected 13 fuel.
from the persons or entities who hold title to any nuclear 11 waste or spent fuel which is suoject to interim storage or 12 13 disposal by the Secretary.
Termination of title 14 15 Sec. 114. (a) Sections 108 and 109.--Sections 108 and 109 shall cease to have effect at such time as the Secretary 16 commences licensed commercial operation of at least one 17 7
18 repository.
Remainder of Title.--The provisions of this title, 19 (D) 20 other than sections 108, 109, 111, and 113, shall cease to 21 have effect after December 31, 1999.
TITLE II--LOW-LEVEL RADI0 ACTIVE WASTE 22 low-level radioactive waste disposal 23 24 Sec. 201. (a)(1) It is the policy of the federal 25 Government that--
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(A) each State is re'sponsible for the disposal of 2
non-Federal low-level radioactive waste generated within 3
its borders; and u
(B)'non-Federal low-level radioactive waste can be 5
most safely and efficiently managed on a regional Dasis.
6 (2)(A) To carry out the policy set f orth in paragraph 7
(1), the States may enter into such compacts as may De 8
necessary to provide for the establishment and operation of 9
facilities for the disposal of low-level radioactive waste.
10 (B) A compact entered into under subparagraph (A) shall 11 not take effect until the Congress has by law consented to 12 the compact. Each such compact shall provice that every 5 13 years after the compact has taken effect the Congress may by 14 law withdraw its consent. After January 1,
1987, any such 15 compact may restrict the use of the regional disposal 16 facilities under the compact to the disposal of non-Federal
)
17 low-level radioactive waste generateo within the region.
18 (b)(1) In order to assist the States in carrying out the 19 policy set forth in subsection (a)(1), the Secretary shalf 20 prepare and submit to Congress and to each'of the States t
21 within 120 days after the date of the enactment of this Act e
22 a report which--
23 (A) defines the disposal capacity needed fcr present 24 anc future low-level radioactive waste on a regional l
25 basis; FV'
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(B).oefines the status of all commercial low-level 2
radioactive waste disposal sites and includes an 3
evaluation of the license status of each such site, the 4
state of operation of each site, including operating 5
history, an analysis of the adequacy of disposal 6
technology employed at each site to contain low-level 7
radioactive wastes for their hazardous lifetimes, and 8
such recommencations as the Secretary considers 9
appropriate to assure protection cf the public health
~
is and safety from wastes transported to such sites; 11 (C) evaluates the tran,sportation requirements on a 12 regional basis and in comparison with performance of 13 present transportation practices for the shipment of 14 low-level radioactive wastes, including an inventory of 15 types and quantitles of low-level wastes, and evaluation 16 of shipment requirements for each type of waste and an 17
. evaluation of the aDility of generators, shippers, and l
18
. carriers to meet such requirements; and 19 (D) evaluates the. capability of the low-level 23 radioactive waste disposal facilities owned and operated 21 by the Department of Energy to provide interim storage 22 for commercially generated low level waste and estimates 23 the costs associated with such interim storage.
24 (2) In carrying out his subsection, the Secretary shall 25 consult with the Governors of the States, the Nuclear O
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PRS 164 37 Regulatory Commission, the fnvironmental Protecticn Agency, 1
2 the United States Geological Survey, and the Secretary of 3
Transportation, and such other agencies and departments as 4
he finds appropriate.
5 (3) This subsection does not authorize appropriations 6
for the fiscal year ending September 30, 198'0.
7 Uranium mill site'at edgemont 8
Sec. 202. (a)'The Secretary shall undertake an 9
investigation to cetermine whether Federal funding is 10 appropriate f or 90 percent of the cost of any stabilizaticn, 11 cecommissioning, and cecontamination action necessary for 12 off-site contamination resulting from the uranium mill 13 tallings site cWned by the Tennessee Valley Authority and 14 located at Edgemont, South Dakota. The investigation shall 15 take into consideration whether such tailings resulted all or in part from activities conducted under hederal contract; 16 17 and shall include an analysis of the total costs which would 18 be required to undertake such actions with respect to such 19 off-site contamination, including the costs of acquiring End 20 managing any facilities which may be necessary to pcctect 21 the puolic health and safety from such contamination.
22 (b) Not later than 120 days after the date of the 23 enactment of this section, the Secretary shall complete the 24 investigation prescribed by subsection (a) and shall submit 25 a report to the Congress of the results of the
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PRS 164 38 1. investigation. The report sh'all include any recommendation 2
for legislation to provide for Federal funding. Any such 3
recomaenced legislation shall be consistent with the 4
provisions of the Uranium Hill Tallings Radiation Control 5
Act of 1978. The report shall also contain the comments and 6
recommendations of the Tennessee Valley Auttiority.
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