ML20011F794
| ML20011F794 | |
| Person / Time | |
|---|---|
| Issue date: | 02/02/1990 |
| From: | Carr K NRC COMMISSION (OCM) |
| To: | Quayle J SENATE, PRESIDENT OF THE SENATE |
| References | |
| CCS, NUDOCS 9003080044 | |
| Download: ML20011F794 (6) | |
Text
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UNITE 3 8TATES S
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NUCLEAR REGULATORY COMMISSION i
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February 2,1990 L
CHAIMMAN E
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The Honorable J. Danforth Quayle President of the Senate United States Senate f
a Washington, D.C.
20510 i
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Dear'Mr. President:
In accordance with Section 5(e)(1)(E) of the Low-level Radioactive Waste Policy Amendments Act of 1985 (the Act). I am transmitting Certifications that we have received to date from the Governors of f
30 States and from the District of Columbia (See Enclosure 1).
Section 5(e) of the Act sets forth a number of specific milestone l
requirements.
States and interstate compacts are obligsted to i
comply with these milestones in order to secure continued interim i
access to existing low-level radioactive. waste (LLW) disposal n-facilities in what the Act calls " sited" States.
To' meet the'1990 milestone..non-sited' States, by January 1, 1990..must have either
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(1) submitted a complete license application to NRC or to the i
appropriate' Agreement State agency, or (2) submitted to'NRC'a t
R written certification by the Governor that the State will be 5
L' capable of.providing for, and will provide for, the storage, disposal. or management of any low-level radioactive waste generated within the State and requiring disposal after December 31, 1992.
This certification is to include a description of the
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actions that will be taken to ensure that'such capacity exists.
Section 5(e)(1)(E) of the Act directs NRC to transmit to i
L the Congress any State certifications submitted to us, j
h, LThe requirements of Section 5(e) are intended to ensure that certifying States continue to progress toward the fulfillment of l
L the policy that each State, either by itself or in cooperation I
with other States, will-be responsible for providing for the disposal of LLW generated within the State.
Failure to comply with these requirements could result in denial of any rebate of disposal surcharges paid by waste generators into an escrow fund l
maintained by the Department of Energy (DOE) and loss of access by waste generators to currently operating disposal facilities.
Although de?ignating the NRC as the appropriate Federal agency to receive written certifications from the States, the Act assigns responsibility to DOE and the " sited" States to determine whether each certification comp 1.ies with the Act's requirements for the respective purposes of releasing escrowed dispcsal :urcharge rebate funds and allowing continued interim access to existing f
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disposal facilities.
Therefore, we have already forwarded copies of the enclosed certification statements to DOE in view of its statutory obligation to make rebates of surcharges within 30 days of the required submission date of January 1, 1990.
We also are submitting the Governors' certifications for publication in the Federal Register and transmitting the certifications to designated officials in the " sited" States and to the affected States' Congressional delegations.
Once these notifications are completed, the NRC will have fulfilled its obligations under the Act.
Sincerely, 2%.
Kenneth M. Carr
Enclosures:
1.
Certifications for 30 States and the District of Columbia 2.
Summary of State Certifications I
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j ENCLOSURE 2 l
SUMMARY
-0F STATE CERTIFICATIONS Not Recuired to. Certify (19 States)
Certifications Received (31 States)
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Alaska Arkansas Colorado California Florida Connecticut Georgia Delaware Hawaii District of Columbia i
Mississippi Indiana Montans Iowa l
Nevada Kansas New Mexico Kentucky North Carolina Louisiana Oregon Maryland South Carolina Massachusetts Tennessee Maine Utah.
Michigan i
Virginia Minnesota Washington Missouri Wyoming Nebraska New Hampshire New Jersey i
New York North Dakota Ohio Oklahoma Pennsylvania Rhode Island South Dakota 1
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f West Virginia Wisconsin Certifications Not Received Puerto Rico - NRC has been informed that a Certification is forthcoming.
Vermont ur l
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... V UNITO STATES NUCLEAR REGULATORY COMMISSION 1, -
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February 2, 1990 CHAlflMAN.
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The Honorable Thomas S. Foley Speaker of the United States
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House of Representatives l
Washington, D.C..
20515
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Dear Mr. Speaker:
i in accordance with Section 5(e)(1)(E) of the low-Level Radioactive
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Waste Policy Amendments Act of 1985 (the Act). I am transmitting Certifications that we have received to date from the Governors of
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30 States and from the District of Columbia'(See Enclosure 1).
Section 5(e) of the Act sets forth a number of specific milestone requirements.
States and interstate compacts are obligated to comply with.these milestones in order to secure continued interim access to' existing low-level radioactive waste (LLW) disposal r
f acilities in what the Act calls " sited" States'.
To meet the 1990 milestone, non-sited States, by January 1.-1990, must have either (1) submitted a complete license ap appropriate Agreement State agency, plication to NRC or to the or-(2) submitted to NRC a
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written certification by the Governor that the State will be a
capable ~of providing for, and will disposal..or management of any low provide for, the storage, level radioactive waste generated within the~ State and requiring disposal after December 31 1992.
This certification is to include a description of the E
actions that will:be taken to ensure that such capacity exists.
~
Section'5(e)(1)(E) of the Act directs NRC to transmit to the Congress any. State certifications submitted to us.
The requirements of Section 5(e) are intended to ensure that s
certifying States continue to progress toward the fulfillment of the policy that each State, either by itself or in cooperation a'
h with other States, will be responsible for providing for the 1
l' disposal of LLW generated within the State.
Failure to comply i,,
with these requirements could result in denial of any rebate of L
. disposal surcharges paid by waste generators into an escrow fund L?
maintained by the Department of Energy (DOE) and loss of access by waste generators to currently operating disposal facilities.
J Although designating the NRC as the appropriate Federal agency to t
receive written certifications from the States, the Act assigns responsibility to DOE and the " sited" States to determine whether each certification complies with the Act's requirements for the respective purposes of releasing escrowed disposal surcharge rebate funds and allowing continued interim access to existing 1
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e j, f
? i disposal facilities.
Therefore, we have already forwarded copies
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of the enclosed certification statements to DOE in view of its statutory obligation to make rebates of surcharges within 30 days of the required submission date of January 1, 1990.
We also are submitting the Governors' certifications for publication in the Federal Register and transmitting the certifications to designated officials in the " sited" States and to the affected States' Congressional delegations.
Once these notifications are completed, the NRC will have fulfilled its obligations under the Act.
Sincerely, wh.
Kenneth M. Carr
Enclosures:
1.
Certifications for 30 States and the District of Columbia 2.
Summary of State Certifications l
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ENCLOSURE 2 i
SUMMARY
OF. STATE CERTIFICATIONS i
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Not Required.to. Certify (19 States)
Certifications Received.(31 States)
Alabama Arizona Alaska Arkansas.
Georfita Delaware Hawaii District of Columbia Idaho Illinois Mississippi Indiana Montana Iowa Nevada.
i Oregon Maryland South Carolina Massachusetts Tennessee Maine Utah Michigan 1
Virginia Minnesota Washington Missouri Wyoming Nebraska i
how Hampshire New Jersey New York North Daketa Ohio Oklahoma Pennsylvania Rhode Island South Dakota Texas West' Virginia Wisconsin Certifications.Not Received Puerto Rico - NRC has been informed that a Certification is forthcoming.
Vermont I
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