ML20010E772
| ML20010E772 | |
| Person / Time | |
|---|---|
| Site: | West Valley Demonstration Project |
| Issue date: | 08/14/1981 |
| From: | Bergholz W, Clemente C, Jack H ENERGY, DEPT. OF, NEW YORK, STATE OF |
| To: | |
| Shared Package | |
| ML20010E771 | List: |
| References | |
| 19516, NUDOCS 8109080239 | |
| Download: ML20010E772 (22) | |
Text
- -
.Be!?re the UNITED ST/TES NUCLEAR REGULATORY COMMISSION In the Matter of )
)
NUCLEAR FUEL SERVICES, INC., )
)
and ) Docket No. 50-201
)
P NEW YORK STATE ENERGY RESEARCH )
AND DEVELOPMENT AUTHORITY, )
successor to tie New York State Atomic )
and Space Development Authority- )
APPLICATION FOR AMENDMENT OF LICENSE NO. CSF-1 TO AUTHORIZE TRANSFER OF THE FACILITY Submitted by:
NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY Joined by:
Albany, New York UNITED STATES DEPARTMENT Carmine J. Clemente, Esq. OF ENERGY General Counsel Washington, D.C.
Howard A. Jack, Esq. Warren E. Bergholz, Jr., Esq.
First Deputy Counsel Attorney Philip H. Gitlen, Esq.
Whiteman, Osterman & Hanna Of Counsel -
August 14, 1981 1951S 8109080239 810814 PDR ADOCK 05000201 P PDR ,
4 Before the UNITED STA7ES NUCLEAR REGULATORY COMMISSION In the Matter of )
)
NUCLEAR FUEL SERVICES, INC., )
)
and ) Docket No. 50-201
)
NEW YORK STATE ENERGY RESEARCH )
AND DEVELOPMENT AUTHORITY, )
successor to the New York State Atomic )
and Space Development Authcrity )
9 APPLICATION FOR AMENDMENT OF LICENSE NO. CSF-1 TO AUTHORIZE TRANSFER OF ThE FACILITY w
A. Nature of the Amendment On April 19, 1966, the Atomic Energy Commission, predecessor of the Nuclear Regulatory Commission 1, issued Provisional Operating License No. CSF-1, pursuant to f'
Section 104b of the Atomic Energy Act of 19542, 6
1 The word " Commission" refers to &ba Atomic Energy Commission with respect to any period before Jant.ary ~ 9, 1975; and to the Nuclear Regulatory Commission with respect to the period beginning January 19, 1975. ;
2 Act of August 1, 1946, c. 724, S104b, as amended, Act of August 30, 1954, c. 1073, 51, 68 Stat. 937
[ current version at 42 U.S.C. S2134 (b) (1976)].
.b License No. CSF-1 is a Class 104 license, as described in 550. 21 (b) (1) of the Commission's regolations, 10 C.F.R.
- S 50. 21 (b) (1) (1980 ) . The license authorizes operation of a spent nuclear fuel reprocessing and radioactive waste disposal facility, at a site known as the Western New York
. Nuclear Services Center- (" Center") , in West Valley, New York. Nuclear Fuel Services, Inc. ("NFS") was licensed to operatethefacilityandhossessradioactivematerialsand wastes at the Center; the New York State Atomic and Space
. Development Authority ("ASDA") was licensed as owner and lessor of the Center. 01 der New York St' ate law, ASDA was reconstituted as and succeeded by the New York State Energy s Research and Development Authority ("ERDA") in 1975.3 ERDA, joined by the United States Department of Energy (" DOE" ) , as directed by Congress in the West Valley Demonstration Project Act (" Project Act") , Pub. L. No. 96- I
{
368, 94 Stat. 1347 (Oct. 1, 1980), submits this application to amend License No. CSF-1 to provide for the high-level radioactive waste management demonstration project that is authorized and mandated by the Project Act. S'ubmission of the application by one of the licensees, ERDA, joined by DOE, is consistent with subparagraph 4 (A) of License No. l CSF-1 and required by Section 2 (b) (4) (L of the Project Act.
The amendment comprises a new paragraph "7" to be added to License No. CSF-1, to read:
3 See infra p. 6.
3
- 7. The licensees, as their respective interests under this license appear, may transfer premises and facilities (the " facility") to the United States Department of Energy (" DOE") in accordance with the West Valley Demonstration Project Act ("Proj ect Act"), Pub. L. No.96-368, subject to the following conditions:
A. DOE shall assurae exclusive possession of the facility and shall continue in possession ~
until such time as the licensees, as their respective interests under this license appear, reacquire the facility.
B. (1) Commencing on the date of transfer of the facility +to DOE, and continuing until DOE surrenders possession thereof:
- a. Neither licensee shall be authorized to possese, use, or operate, or be respon-sible for maintenance, surveillance, or safeguarding of the facility under this license; and to the extent that either licensee retains any right, title, or interest in any property located at the
. facility or any interest or responsibility under this license, it is not authorized to take or permit, and shall not take or permit, any action under this license which in DOE's judgment may inhibit or prevent DOE from taking any action under the Atomic Energy Act or the Project Act:
(i) to carry out its activities pursuant to the Project Act; (ii) to guard against the loss or diver-sion of any special nuclear material located at the facility; (iii) to prevent any uae of or disposition of any special nuclear material located at the facility which DOE may determine to be inimical to the common defense and security; or (iv) to protect health or minimize danger to life or property.
- b. Neither licensee rhall have further responsibility under subparagraph 5(B) or (C) of this license to develop, maintain, or submit records or reports pertaining to events occurring or con-ditions prevailing at the facility during the time the facility is in DOE's possession; (2) Commencing on the date of transfer of the facility, the technical specifications referenced in subparagraph 5 (A) of this license shall be held in abeyance.
C. Except as provided in subparagraph (A) and (B) of this paragraph 7, the responsibilities of the licensees under this license, as their respective interests under this license appear, shall continue in effect, provided that neither licensee is authorized to take or permit, and shall not take or permit (to the extent it has legal authority to do so) any other person to take, any action under this license which in DOE's judgment may inhibit or prevent DOE from taking any action under the Atomic Energy Act or the Project Act:
(i) to carry out its activities pursuant to the Project Act; (ii) to guard against the loss or diversion of any special nuclear material located at the facility; (iii) to prevent any use of or disposition of any special nuclear material located at the facility which DOE may determine to be inimical to the common defense and security; or (iv) to protect health or minimize danger to life or property.
D. The licensees, as their respective interests under this license appear, shall:
(1) reacquire and possess the facility upon surrender of the facility by DOE, in accordance with such technical specifications and subject to such other provisions as the Commission finds necessary and proper under the Atomic E.'ergy Act and Commission regulations; and
L (2) .make timely applicati6n to the'Commis-sion for authority to reacquire and possess the facility upon surrender of:the facility by DOE.
In addition, ERDA notes that the Commission originally issued License No. CSF-l'as a provisional license. As_a result'
'the-license term is still indefinite.. Although' not a part -
of the amendment sought here, the Commission may wish to
. -take the opportunity to. resolve this matter and extend the license for the duration ~of~the Project or for a specified period. (Because the license was issued under Section 104 of the Act, however, a. fixed term does not appear to be-required by law.) -
B. General Information
- 1. Name of' Applicant. -The applicant is the-New York State Energy R'esearbh'and Development Authority, which is
~
joi$ed in the submission of the application by the United States Department of Energy.
- 2. Address of Applicant. The address of the applicant is:
Energy Research and Development Authority Two Rockefeller Plaza Albany, New York 12223 The address of DOE is:
United States Department of Energy Forrestal Building 1000 Independence Avenue, S.W.
Washington, D.C. 20585
- 3. Nature of Applicant's Business. The Energy
.Research and Development Authority is a body corporate and i
- l
+
politic of the State of New York, constituting a public benefit corporation'under the laws of the State, established by the State _under the New York State Energy Research and Development' Authority Act, L. 1975, c. 864 (eff. Sept. 8, 1975), NY PUB. AUTHORITIES LAW, SS1850 et. seg. (McKinney 1981). ERDA's primary purposes are to develop, implement, and encourage new energy technologies.and energy conservation technologies through research, development, and demonstration programs, certain joint undertakings with other entities, and provision of services, information, and certain financial support to the public and other entities. In addition, ERDA succeeded to ASDA's powers with respect to the Center.
The Department of Energy is an executive department
-of the United States established by Congress for the purposes set forth in the Department of Energy Organization Act, Pub.
L. No. 95-91, 91 Stat. 565 (Aug. 4, 1977), 42 U.S.C. SS7101 et.
81 3-
- 4. Description of Applicant.
(a) As described above, ERDA is incorporated in the State of New York and has its principal place of business in Albany, New York.
(b) The names, addresses, and citizenship of ERDA's current directors and principal officers are:
(i) Directors.
Chairman James L. Larocca Two Rockefeller Plaza Albany, New York 12223 United States Citizen m
Director John S. Dyson 10 Columbus Circle New York, New York 10019
-United States Citizen Director. Robert F. Placke 50 Wolf Road Albany, New York 12233 United States Citizen Director Paul L. Gioia Three Rockefeller Plaza Albany, New York 12223 United States Citizen Director Roy W. Bahl, Jr.
Syracuse University Syracuse, New York 13210 United States Citizen Director Theodore J. Carlson 284 South Avenue Poughkeepsie, New York 12602 United States Citizen Director Eugene H. Luntey 195 Montague Street Brooklyn, New York 11201 United-States Citizen Director Alan McGowan 355 Lexington Avenue New York, New York 10017
' United States Citizen Director Victor P. Meskill Dowling College Oakdale, New York 11769 United States Citizen Director David Sive 425 Park Avenue New York, New York 10022 United States Citizen Director David J. Richardson 840 Ellison Avenue Westbury, New York 11590 United States Citizen
U -
~
Director 'Joanna D. Underwood
.25 Broad Street New York, New York l0004' United States Citizen Director [ VACANT]
v-
'(ii) Principal Officers P Executive Director [ VACANT]
Secretary and General Carmine J. Clemente Counsel- Two Rockefeller. Plaza Albany,-New York 12223-United States Citizen
~
Treasurer Eric M. Markell Two Rockefeller Plaza Albany, New York 12223 United States Citizen (c) ERDA, as an instrumentality of the State of New York, is not owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government.
- 5. Class of License. As noted above, License No.
CSF-1 is a Class 104 license for operation of a spent nuclear fuel reprocessing facility. The amendment submitted does.not entail any change in the class of license, but only transfer of possession of and responsibility for the facility to DOE.
' License No CSF-1 also includes authorizations under Parts 30, 40, and 70 of the Commission's regulations t'
for NFS to possess certain radioactive materials and wastes.
The amendment submitted here does not cover those parts of the license, howt . Sections 30.41, 40.51, and 70.42 of i
the Commission's regulations already permit NFS to transfer t
h_
possession of radioactive mate'tials and wastes to DOE-(legal successor to the former U.S. Energy Research and Development Administration).
- 6. Financial-Qualifications. The financial quali-fications of the licensees were previously established in Commission proceedings on License No. CSF-1. Transfer of possession of the facility to DOE does not entail any new, broader financial obligations for the licensees. Accordingly, no further showing of financiul qualifications is necessary to support the amendment submitted here.
C. Specific Supporting Information
- 1. After the Commission issued License No.
CSF-1, from 1966 to 1971 NFS reprocessed about 625 metric tons of spent nuclear fuel at the Center, including about 460 tons of spent fuel from reactors owned by the Commission.
NFS's reprocessing operations during that period generated approximately 600,000 gallons of liquid high-level nuclear wastes that currently are stored in underground steel tanks at the Center.
- 2. In 1972, NFS closed its reprocessing plant at the Center for a planned enlargement and modification of the facility. In October, 1973, NFS submitted an application to the Commission for amendment of the operating license and its related materials licenses, and for a construction permit, to authorize the proposed plant enlargement and modification plan for the facility.
o
% 3. In September of 1976, NFS notified ~the Commission that, because of changed regulatory requirements, it had abandoned its plans for expansion and modification of the reprocessing plant, would no longer pursue-its related
. application for license amendments, and was withdrawing from the nuclear fuel reprocessing business. NFS has continued to operate -the facility for the purpose of maintenance and surveillance of the facility, including the high-level liquid waste storage tanks.
- 4. In September, 1980, Congress passed the West Valley Demonstration Project Act. The Project Act requires the Secretary of Energy (" Secretary") to carry out a high-level waste demonstration project (" Project") at the Center for the purpose of demonstrating solidification techniques for preparing high-level radioactive wastes for disposal.
The Project Act sets forth in detail the Secretary's responsi-bilities for the substance of the Project, public hearings, cooperation with the State, and review and consultation with the Commission. A copy of the Project Act is attached to this application as Exhibit A.
- 5. The~ Project Act directs the Secretary and the Commission to enter.into a comprehensive agreement, no later than Ceptember 30, 1981, establishing arrangements for 4
review and consultation by the Commission with respect to the Project.
I j.
r I 16 .- The Project Act, Section 2 (b) (4) (d) , ' directs -
r DOE'and the State of New York jointly to submit'to the Commission as soon'as-possible an application for a licensing amendment providing for the Project.
- 7. The scaendment set forth in this application provides for the Project required by the Act. The amendment would permit the licensees, as their interests under the license appear, to transfer possession of the facility to DOE to carry out the Project. During the period that DOE has possession of the facility, the licensees would be relieved of any responsibility under the license for main-tenance and surveillance of.the facility and would not be authorized to possess, use, or operate it, nor in any way interfere with DOE's use of it in carrying out the Project. >
The licensees would not have to generate or maintain any records or reports pertaining to events occurring or conditions
, prevailing at the facility during the period DOE is in possession. The technical specitications would alca be held in abeyance.
The amendment submitted also provides that in all other respects the responsibilities of NFS and ERDA under the license continue in effect, provided that neither NFS nor' ERDA may have any control over the Project under th3 license.
(
In addition,-the amendment requires NFS and ERDA, as their interests under the license appear, to reacquire and possess the facility upon surrender of the facility by DOE, in accordance with such technical specifications and subject to
l l
i I
such other provisions as the Commission finds necessary and proper. Finally, NFS'and ERDA, as-their interests under.the license appear,.would be obliged to make timely application to the Commission to reacquire and possess the facility upon surrender of the facility by DOE.
D. Environmental Documents Not Required No environmental report, environmental impact appraisal or assessment, negative-declaration or finding of no significant impact, or environmental impact statement is required with respect to this application [10 C.F.R. S51. 5 (d)
(4 ) (1980) ] . The amendment set forth here does not entail the Commission's authorization of any significant environmental impact or significant hazard, or, indeed, any construction or other alteration of the physical environment. The amendment would merely conform the license to accommodate the demonstration project, exempt from licensing and already mandated by Congress, so that the licensees would not be in violation of the license by allowing DOE to assume possession of the facility to carry out the Project. The Project itself is the subject of full environmental review, and DOE is now preparing an environmental impact otatement pursuant
'Lo the provisions of the National Environmental Policy Act of 1969 ("NEPA") and Section 2 (b) (3) (D) of the Project Act.
In addition, the Project Act provides a separate set of procedures-for Commission informal review of the Project, pursuant to the interagency agreement that DOE and the
Commission are required to prepare in accordance with Section 2 (c) of the Project Act.
Issuing the amendment set forth in this application is not an action described in SSI.5 (a) or ~(b) of the Commission's regulations (10 C-F.R.
. S51.5(a) and (b) (1980) ] . Therefore, an environmental report is not required under SS51.20, 51.21, or 51.41 of the regulations [10 C.F.R. SS51.20, 51.21, and 51.41(1980)].
E. Technical Information Not Required.
No preliminary safety analysis report, final safety analysis report, physical security plan, or safeguards contingcncy plan is required with respect to this application.
The Commission's regulations, 10 C.F.R. S50.34 (1980),
explicitly require those documents only for applications for construction permits or operating licenses. Moreover, those documents are not material to this application because the amendment submitted here would not entail 07 new construction or operation authority for either licensee. Rather, this amendment would be an administrative action conforming the terms and conditions of the license to accommodate the DOE demonstration project, exempt from licensing and required by the Project Act. As noted above, DOE's technical plans for implementing the Project will be subject to the Project Act's requirements for informal Commission review pursuant to the interagency agreement that DOE and the Commission are.
required to prepare.
F. Need for Expeditious Action.
The Project Act demonstrates'the intent of Congress that the Project proceed expeditiously. 'Section 2 contemplates
~.that preliminary actions necessary to facilitate.and prepare
.for carrying out the solidification demonstration be completed
.by September 30, 1981. The Project Act also calls upon DOE and the State of New York to submit this application as soon as possible. Moreover, DOE is currently scheduled to assume possession of the facility no later than October 1, 1981.
Therefore, the applicant and DOE respectfully request the Commission to act expeditiously to issue the amendment set forth above.
G. Communications to Applicant.
Any colamunications to ERDA concerning this appli-cation should be made to:
Carmine J. Clemente, Esq.
General Counsel Energy Rosearch and Development Authority Two Rockefeller Plaza Albany, New York 12223 (518) 465-6251 Theodor e K. DeBoer Directcr, West Valley Program Energy Pesearch and Development Authority Two Rockefeller Plaza Albany, New York 12223 (518)1465-6251 Philip H. Gitlen, Esq.
Whiteman, Osterman & Hanna.
99 Washington. Avenue Albany, New. York 12210 (518) 449-7600
-Any_ communications to DOE concerning this appli-cation should be made to:
Warren E. Bergholz, Jr., Esq.
Office of the General Counsel United States Department of Energy GC: 32 1000 Independence Avenue, S.W.
Washington, D.C. 20505 (202) 252-6975 David J. McGoff Director, Projects Division Office of Waste Operations and Technology Office of Nuclear Energy United States Department of Energy NE: 323 Washington, D.C. 20545 (301) 353-3031 H. Right to Withdraw.
DOE and ERDA reserve the right to withdraw the Applica-tion or their respective participation in it, as their respective interests may appear, at.any time prior to 4
i l
l
Nuclear Regulatory Commission action with respect to the Application, by filing appropriate notification with the Commission.
Respectfully submitted, NEW YORK STATE ENERGY RESEARCH AND DEVELOPME UTHORITY By: _-=- . Mn4
' Carmine J. ,lemente ne al C ns'61%
~
Howard'n. Jack First Deputy C nsel Joined by:
UNITED STATES DEPARTMENT OF ENERGY By: h. -
Warre'n E. Bergholz J .
Attorney Augustfh,1981 l
l
District of Columbia )
I, a Notary Public of the District of Columbia, certify that on /? d // , 1981, Howard A. Jack per-sonally appeared before me and swore that he has read the above application for amendment of Nuclear Regulatory Com-mission License No. CSF-1 and that the information in the application is true to the best of his knowledge, informa-tion, and belief.
Witness, my hand and seal.
c *
' ~
Notary P $ ic'\
. $48. /Afj N(f District of Columbia )
I, a Notary Public of the District of Columbia, certify that on Awfust /r ,1981, Warren E. Bergholz, Jr.
personally appeared before me and swore that he has read the above application for amendment of Nuclear Regulatory Commission License No. CSF-1 and that the information contained in the application is true to the best of his knowledge, information, and belief.
Witness, my hand and seal.
Notary Publy '
b \
- lN) f,
)
" EXHIBIT A"
~?, . PUBLIC LAW 96-368--OCT.1,1980 .
94 STAT.1347
- ~.
.Public Law 96-368 :-. J>'
96th Congress
%g: q, . ., e.<; . .c M "
J.? '. D.
4 E
'f
) . . . . . % ' b. Act .9. .:.k .4 9. t. 'f: -f. 7.T.' . .pl~ ~ pp,
. (-
, To authorise the Department of Energy to
.. weste ement demonstration prqject at high-level r:uclear _* Oct.1.1980 Western Nm rk Service _ (8. 2443) h..Osnterin Valley, New York. <
,, , , ,, , ,, . fg ., . ,.
]
~ 'Be it enacted the Senate and House '
UnitedSta mericain Co assemb tatives of the *-
fusvener t L f.- -
)
) : tion SzermN 1.
eet Act',..
Act may be et as the " West Valley Demonstra g gd** , i
. Sec. (a) The S shall carry out, in accordance with this .42 .use 2021.
a high level radi ive waste management demonstration 42 Usc2021a et at the Western New York Service Center in West Valle New ****-
Ic, for the purpose of demonstrat solidification t ues l
'which can be used for preparing high vel radioactive was for
~~
A~rnaad. Under the project the Secretary shall carry out the follow Activies
) in
.3 gactivities:
(1)TheSecretaryshallsoll in a form suitablefortranspor-
- . . tation and disposal, the high evel radioactive waste at the ,s L.
Center by vitrification or by such other technology which the 7 4 '- :
- Secretary determines to be the most effective for solidification. .
(2) The Secretary shall develop containers suitable for the -
' permanent disposal of the high level radioactive waste solidified
)
, at theCenter. .
A :(3) The Secretary shall,'.as soon as feasible, transport, in, S;* . ;.
accordance with applicable, provisions oflaw,,the waste solidified -
at the Center to an appropriate Federal repository for permanent disposal. .
(4) The Secretary shall. in accordance with applicable licensing .. , ~
requirements, e oflow level radioactive waste and transu- -
ranic waste p
) ced b the solidification of the high level roject.
radioactivewasteundert (5) The Secretary shall e[econhminah and decomminion- U -
(A) the tanks and other facilities of the Center in which the high level radioactive waste solidified under the project
. was stored ., ',
(B) the facilities used in the solidification of the waste, and *
(C) any material and hardware used in connection with the project. ,
in accordance with such requirements as the Comminion may rescribe.
Before undert . "
September 30,1981, t the project and during the' fiscal year ending ' * "i Secretary shall carry out the following: !
hear)ings to inform the residents of the area innter which the(1 The Secretary shall hold
) is located of the activities proposed to be undertaken under the project and to receive their comments on the project.
(2) The Secretary shall consider the various technolo 'es avail-able for the solidification and handling of high level r 'oactive -
I waste taking into account the unique characteristics of such wasteat theCenter. .
I 4 }
)
)
i
D D 94 STAT.1348 PUBLIC LAW 96-368-OCT.1,1980 (3)TheSecre shall-A) unde detailed engineering and cost estimates for
' th(e project, .
(B) prepare a plan for the safe removaI of the high level
. radioactive waste at the Center for the purposes of solidifica-a tion and include in the plan provisions respecting the safe braching of the tanks in which the waste is storee.. operat-ing equipment to accomplish the removal, and.aluicing, techniques, (C) conduct appropriate safety analyses of the prpfect, and ,-
(D) prepare required environmental impact analyses of (4) Th'e d
) ' with the State in accordance with the Feder6 Grant an d> ment.tary shall e 41 Usc 501 ative Agreement Act of1977 under which the State will carry out
- t*-
thefollowm_g:
(A) The State will make available to the Secretary the facilities of the Center and the high level radioactive waste
. at the Center which are necessary for the completionof the
. project. The. facilities and the waste shall be made available
] 'without the transfer of title and for such period as may.be uiredforcompletion of the project.
) The Secretary shall provide tecfmical assistance in securing required license amendments, stat. costs. (C) The State shall pa 10 per centum of the costs of the P"at*3'-
project, as determined b the Secretary. In determining the ;
e
' .' costs of the project,the tary shall considerthe value of '
O the use of the Center for the project. The State may not use Federal fuhds to pay its share of the cost of the pro -
may use the pe,rpetual care fund to pay such share. ject, but Licensing
" "d " t (D) Submission jointly by the Department of Energy and application. the State of New York of an application for a licensing 1 amendment as soon as possible with the Nuclear Regulatory l Comminion providing for the demonstration. \
d (c)Within one year from the date of the enactment of this Act, the 3 Secretary shall enter into an agreement with the Commission to '
establish arrangements for review and consultation by the Commi :
sion with respect to the project: Provided, That review and consul-tation by the Commission pursuant to this subsection shall be.
conducted informally by the Commission and shall not include nor require formal procedures or actions by the Commission cursuant to 42 Usc::ott the Atomic Energy Act of 1954, as amended, the Energy heorganh-3 EYiscsaut tion Act of 1974, as amended, or any other law. The agreement shall ta' provide for the followmg:
(1) The Secretary shall submit to the Commisslan, for ita review and comment, a plan for the solidification 7f the high level radioactive waste at the Center, the removal cf the wastr>
for purposes ofits solidification, the preparation of the waste for
. disposal, and the decontamination of the facilities to be used it sohdifying the waste. In preparing its comments on the plan, the H Puwcations Commission shall specify with precision its objections to any l provision of the plan. Upon submission of a plan to the Commis '
Qll, sion, the Secretary shall publish a notice in the Federal Register of the submission of the plan and ofits availabGty for public inspection, and, upon receipt of the comments of the Commimion respecting a plan, the Secretary shall publish a notice in the Federal Register of the receipt of the comments and of the .
3 availability of the comments for public inspection. If the Secq l
l h
i PUBLIC LAW 96-368-OCT.1,1980 94 STAT.1349 tary does not revise the plan to meet objections specified in the comments of the Commiaton, the Secr2tary shall publish in the -
. Federal Register a detailed statement for not so revising.the - .
p g ,,
(2) The Secretary shall consult with the Commission with - .
respect to the form in which the high level radioactive waste at '
the Center shall be solidified and the containers to be used in the
- permanentdisposalofsuchwaste. .
(3) The Secretary aball submit to the Comminion safety biartsand **"'
analysis re rts and such other information as the Comminian m ,' .
may to identify any danger to the public health and i c_.a safety ch maybe presentedbythe project. - .
(4) The Secretary shall afford the Commission access to the '
Center to enable the Comminion to taonitor the activities under .
the project for the purpose of assuring the public health and safety.
(d) In carrying out the project, the Secretary shall consult with the 0==dt*ti**
Administrator of the Environmental Protection Agency, the Secre- Laoenes.
tary of Transportation, the Director of the Geological Survey, and the commercialoperator of the Center.
Sec. 3. (a) There are authori' zed to be appropriated to the Secretary A
. for the project not more than $5,000,000 for the fiscal year E usc ending A
- gtio.
September 30,1981. e.,
(b) The total amount obligated for the projectby the Secretary shall be 90 per centum of the costs of the project. 1 (c) The authority of the Secretary to enter into contracts under this .
.. Act shall be effective for any fiscal year only to such ertent or insuch
~
I amounts as are provided in advance by appropriation Acta. i Sec. 4. Not later than February 1,1981, and on February 1 of each klar* **
calendaryear thereafter during the term of the project, 8 the Secretary M,7 ;l .
shall transmit to the Speaker Presidentprotemporeof et the House of Representatives and theternporeo theSenateanup-to<latereportcontaininga pr idens f'he t '
detailed description of the activities of the Secretary in carrying out senau.
d the project, including a(5rt ements entered into and the costs incurred ** sc 2021.
during the period reported on and the activities to be undertaken in the next fiscal year and the estimated costs thereof.
. Sec. 5. (a) Other than the costs and responsibilities established by *42 ***-
Usc 2021.
this Act for the ect, nothing in this Act shall be construed as affecting any obligations, or liabilities of the commercial operator of th nter, the State, or any person, as is appropriate, arising under the Atomic Energy Act of1954 or under any otherlaw, 42 Usc 2011 contract,oragreementfortheoperation, maintenance,ordecontami ****-
nation of any facility or property at the Center or for any westes at the Center. Nothing in this Act shall be construed as affecting any applicable licensing , requirement of the Atomic Enemy Act of1954 or >
the Energy Reorganization Act of1974.This Act shall not applyorbe 42 Usc ssot extended to any facility or property at the Center which is nor.used in ""*-
conducting the project. This Act may not be construed to e::pand or diminish the rights of the Federal Government.
(b) This Act does not authorize the Federal Government to acquire title to any,high level radioactive waste at the Center or to the Center or any portion thereof.
Sec.6.Forpurposes of this Act: Definteions.
(1) The term " Secretary" "means the Secretary of Energy. 4 usezu21.
(2) The term "Commiaton means the Nuclear Regulatory ""*-
Commtssion. .
(3) The term " State" means the State of New York.
i
)
94 STAT.1350 PUBLIC LAW 96-368-OCT.1,1980 .
~
) level(4) The termwaste radioactive "highwhich levelwas radioactive producedwaste r
by the 'reprocessing means the high at the Center of spent nuclear fuel. Such term includes both liquid wastes which are produced directly in reprocessing, dry solid material derived from such liquid waste, and such other material as the Commission designates as high level radioactive waste for purposes of protecting the public health and safety.
) (5) The term " transuranic waste" means material coptami, natedwith elements which have an atomic number greater than' 92, including neptunium, plutonium, americium, and curinme and which are in concentrations greater than 10 nanocuries per '
gram,ibe prescr to protect the public health and safety.or in such other concentrations -
(6) The term "Iow level radioactive waste" means radioactive
) 42 USc 2014.
waste not classified as high level radioactive waste, transuranic waste, or byproduct material as defined in section 11 e. (2) of the AtomicEnergy"Actof1954.
, (7 2(a).) The term project" means the project prescribed by section (8) The term " Center" means the Western New York Service ,
CenterinWestVc.lley,NewYork.
) Approved October 1,1980.
J . . . .
)
J LEGISLATIVE HISTORY:
HOUSE REPORT No. 96-1100 pt. I (Comm. on Science and Technology) and pt. II
- (Comm. on Interstata and Foreign Commercel, both accompanying H.R.6365.
SENATE REPORT No.96-787 (Comm. on Energy and Natural Resourcest CONGRESSIONAL RECORD Vol. 126 (1930t 3 June 12. considered and passed Senate.
_/ Sept.15. H.R. 6865 considered and passed House; passage vacated and S. 2443
. amended. passed in lieu.
Sept.17. Senate concurred in House amendmert with amendments: House concurred in Senate amendments. 1 WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS. Vol 16. No. 40: '
Oct.1. Presidential statement. I O l 3 '
3 i
. . _ _ _ _ _ -. . - - ,