ML20028H620
| ML20028H620 | |
| Person / Time | |
|---|---|
| Issue date: | 12/31/1990 |
| From: | Parler W NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Carr, Curtiss, Rogers NRC COMMISSION (OCM) |
| Shared Package | |
| ML19352C222 | List: |
| References | |
| FRN-56FR46739, RULE-PR-110, RULE-PR-140, RULE-PR-150, RULE-PR-170, RULE-PR-2, RULE-PR-40, RULE-PR-50, RULE-PR-51, RULE-PR-70, RULE-PR-75 AD90-1-022, AD90-1-22, NUDOCS 9101100453 | |
| Download: ML20028H620 (17) | |
Text
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' ' p, NUCLE AR REGULATORY COMMISSION L{
'j W ASHING TON, D. C. 20555
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DEC 31 1990 MEMORANDUM FOR:
Chairman Carr Commissioner Curtiss Commissioner Rogers Commissioner Remick FROM:
William C. Parler General Counsel
SUBJECT:
URANIUM ENRICHMENT LICENSING LEGISLATION On November 15, 1990 the President signed into law the " Solar, Wind, Waste, and Geothermal Power Production Incentives Act of 1990" (Public Law 101-575).
Section 5 of that Act, entitled " Licensing of Uranium Enrichment Facilities" amends several provisions of the Atomic Energy Act (AEA) of 1954, as amended, and adds a new Section 193 establishing special licensing procedures for uranium enrichment facilities. A copy of Section 5 is enclosed.
The legislation accomplishes the following:
- 1. It amends the definition of production facility in Section liv. of the AEA to remove uranium enrichment facilities from consideration as production facilities for the purposes of Chapters 10 and 16 of the AEA.
This means that applicants for uranium enrichment facilities, which otherwise would have been licensed under Section 103 of the Act, are not subject to the prohibition on foreign ownership, domination or control, to antitrust review, or to operator licensing under Chapter 10. With respect to Chapter 16 applicants for uranium enrichment facilities are relieved of the mandatory construction permit hearing and opportunity for operating license hearing.
Because the amended definition removes uranium enrichment facilities from the category of production facil anly with respect to Chapters 10 and 16 of the AEA, such a facility remain' production facility for other Chapters of the AEA. Thus, for example, ences to production facilities in Chapter 11 (International Activities) and Chapter 19 (Miscellaneous) continue to include uranium enrichment facilities.
Since Chapter 19 includes the Agreement State program (Section 274) a uranium enrichment facility in an Agreement State is licensed only by the NRC.
- 2. It amends Section 161b. of the AEA to give the Commission discretionary authority, exercised by rule or order, to establish any conditions it deems appropriate in regard to ownership, control, or possession of uranium enrichment equipment in order to protect the common defense and security.
This gives the Commission authority over enrichment equipment, such as gas centrifuges, equivalent to the authority it would be able to exercise under 10 CFR Part 50.
- 3. It amends Section 41a.(?) to allow private ownership of enrichment
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2 facilities licensed on a materials basis.
- 4. It amends Section 236 to include uranium enrichment facilities criminal law against sabotage of licensed facilities.
Four major procedural areas are addressed in the new Section 193; hearing, timing of actions, environmental review, and preoperational inspection.The proced Section 193 also contains mandatory insurance requirements.
1 requirements are as follows:
- 1. An Environmental Impact Statement must be prepared before the Section 193 dictates that the licensing of a licensing hearing is completed.
uranium enrichment facility is a major federal action under NEPA.
- 2. There must be an adjudicatory hearing on the record even if none is iMs means that even actually requested, but only one hearing is required.
though the licensing action is a materials licensing under 10 CFR, arts 40 and 70, the adjudicatory procedures of 10 CFR Part 2, Subpart G, must be applied.
Subpart G procedures are the only present NRC hearing procedures that meet t Administrative Procedure Act criteria for on the record hearings. (See, 5 U.
S. C. 554, 556, 557).
- 3. Two provisions address timing. As noted above, an EIS must be Secondly, the single license completed before the completion of the hearing.
to allow construction and operation cannot be issued until the hearing is completed and a decision issued.
- 4. Prior to commencement of operation the Commission must verify by inspection that the facility has been constructed in accordance with the A notice of the inspection results must be published in the Federal license.
Because Section 193 stipulates only a single hearing to authorize Register.
operation, the notice of inspection results is not seen as providing a basis for a hearing.
Section 193 also covers two financial aspects, public liability and Although no Government indemnification under Section 170 of decommissioning.
the AEA is to be provided (i.e. no Price Anderson coverage), the licensee must carry public liability insurance fundamentally insuring against the same risks Section 193 requires the covered by Section 170, with one difference of note.
insurance to cover the risks of chemical compounds containing source or special nuclear material, thus specifically including the chemical toxicity risks associated with uranium hexafluoride, financial assurances for decommissioning costs are required in basically the same form as required by the Commission's decommissioning funding rules.
Many of the special procedural aspects in new Section 193 for the licensing of For a uranium enrichment facility are already accommodated by existing rules.
example, 10 CFR Parts 2 and 51 cover the hearing and environmental review Decommissioning assurance is embodied in the decommissioning requirements.
funding rules in 10 CFR Parts 40 and 70. Models for public liability EHCLOSURE 4
3 insurance are found in 10 CFR Part 140.
Most issues relating to the common defense and security are addressed in 10 CFR Parts 70, 73, 74 (as it will be amended), 25, 95, and 110.
Some conforming rulemaking will be needed, however, to conform present rules to the new legislation, particularly in definitions in 10 CFR Parts 40, 70, and 50. These conforming rules are of a minor nature and need not delay action on any application for a license for a uranium enrichment facility.
0GC has advised the staff that the conforming rulemaking should be undertaken early in 1991 with the goal of finalizing the conforming rules before the mandatory hearing concludes.
The staff anticipates receiving an application for a license for a uranium enrichment facility from Louisiana Energy Services in January 1991. After a preliminary review of the application, the staff intends to forward to the Commission for its review and approval a Notice and Order regarding the procedures and criteria to be applied in the licensing of the facility. To the extent they are applicable, the staff intends to reference existing codified regulations. The Notice and Order will also include special 1
standards and instructions to govern the licensing process in areas not covered by existing rules.
For example, the general design criteria earlier j
published in the Advanced Notice of Proposed Rulemaking for Uranium Enrichment Facilities (53 FR 13276) would be identified as criteria for safety review.
At the present time neither the staff nor OGC foresee any procedural obstacle 1
under the new legislation to the licensing process for a uranium enrichment facility utilizing the URENC0 gas centrifuge technology that cannot be accommodated within existing regulations and a Commission order.
M William C. Parler General Counsel
Enclosure:
As stated i
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1 SEC. 5. LICENSING OF URANIUM ENRICHMENT FACILITIES.
(a) DefiWition of Production facility.--Section 11v. of the Atomic Energy Act of 1954(42U.S.C.2014(v))isamendedbyaddingat the end the following new sentence: "Except with respect to the export of a uranium enrichment production facility, such term as used in chapters 10 and 16 shall not include.any equipment or device (or important component part especially designed for such equipment or device) capable of separating the isotopes of uranium or enriching uranium in the isotope 235.".
(b) Regulation.--Section 161b. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(b)) is amended by striking the period at the end of the section and adding the following: "; in additic'i, the Comission shall prescribe such regulations or orders as may be cecessary or desirable to promote the Nation's common defense and security with regard to control, ownership, or possession of any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235;".
(c)OwnershipofProductionFacilities.--Section41a.(2)ofthe Atomic Energy Act of 1954 (42 U.S.C. 2061(a)(2)) is amended by striking "section 103 or 104" and inserting "under this Act".
(d) Sabotage of Nuclear Facilities or Fuel.--Section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284) is amended--
(1) by striking "or" at the end of paragraph (2);
(2) by inserting "or" after the semicolon at the end of paragraph (3); and (3) by adding after paragraph (3) the foilowing new paragraph:
"(4) any uranium enrichment facility licensed by the Nuclear Regulatory Commission.".
(e) Uranium Enrichment Facilities.--Chapter 16 of the Atomic Energy Act of 1954 (42 U.S.C. 2231 et seq.) is amended by adding at the end the following new section:
'SEC. 193. LICENSING OF URANIUM ENRICHMENT FACILITIES.
"(a)EnvironmentalImpactStatement.--
"(1) Major federal action.--The issuance of a license under sections 53 and 63 for the construction and operation of any uranium enrichment facility shall be considered a major Federal action significantly affecting the quality of the human environment for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
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"(2) Timing.--An environmental impact statement prepared under paragraph (1) shall be prepared before the hearing on the issuance of a license for the construction and operation of a uranium enrichment facility is completed.
"(b) Adjudicatory Hearing.--
"(1) In general.--The Comission shall conduct a single adjudicatory hearing on the record with regard to the licensing of the construction and operation of a uranium enrichment facility under sections 53 and 63.
"(2) Timing.--Suchhearingshallbecompletedandadecision.
issued before the issuance of a license for such construction and operation.
"(3) Single proceeding.--flo further Commission licensing action shall be required to authorize operation.
"(c) Inspection and Operation.--Prior to commencement of operation of a uranium enrichment facility licensed hereunder, the Commission shall verify through inspection that the facility has been constructed in accordance with the requirements of the license for construction and operation. The Comission shall publish notice of the inspection results in the Federal Register.
"(d) Insurance and Decomissioning.--
"(1) The Comission shall require, as a condition of the issuance of a license under sections 53 and 63 for a uranium enrichment facility, that the licensee have and maintain liability insurance of such type and in such amounts as the Commission judges appropriate to cover liability claims arising out of any occurrence within the United States, causing, within or outside the United States, bodily injury, sickness, disease, or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of chemical compounds containing source or special nuclear material.
"(2) The Comission shall require, as a condition for the issuance of a license under sections 53 and 63 for a uranium enrichment facility, that the licensee provide adequate assurance of the availability of funds for the decommissioning (including decontamination) of such facility using funding mechanisms that may include, but are not necessarily limited to, the following:
"(A) prepayment (in the form of a trust, escrow account, government fund, certificate of deposit, or deposit of governmentsecurities).
ENCLOSURE 4
"(B) Surety (in the form of a surety or perforraance bond, letter of credit, or line of credit), insurance, or other guarantee (including parent company guarantee) method.
~
"(C) External sinking fund in which deposits are made at 1 east annually.
"(e) No Price-Anderson Coverage.--Section 170 of this Act shall not apply to any license under section 53 or 63 for a uranium enrichment facility constructed after the date of enactment of this section.".
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EHCLOSURE A
pto O'%g I
"g UNITED STATES 4
o
!V NUCLEAR REGULATORY COMMISSION gpg_ /
p, j
WASHING TON, D. C. 20555
%, v /
DEC 31 1990 MEMORANDUM FOR:
Chairman Carr Commissioner Curtiss Commissioner Rogers Commissioner Remick FROM:
William C. Parler General Counsel
SUBJECT:
URANIUM ENRICHMENT LICENSING LEGISLATION On November 15, 1990 the President signed into law the " Solar, Wind, Waste, and Geothermal Power Production Incentives Act of 1990" (Public Law 101-575).
Section 5 of that Act, entitled " Licensing of Uranium Enrichment Facilities" amends several provisions of the Atomic Energy Act (AEA) of 1954, as amended, and adds a new Section 193 establishing special licensing procedures for uranium enrichment facilities. A copy of Section 5 is enclosed, The legislation accomplishes the following:
- 1. It amends the definition of production facility in Section liv. of the AEA to remove uranium enrichment facilities from consideration as production facilities for the purposes of Chapters 10 and 16 of the AEA.
This means that applicants for uranium enrichment facilities, which otherwise would have been licensed under Section 103 of the Act, are not subject to the prohibition on foreign ownership, domination or control, to antitrust review, or to operator licensing under Chapter 10.
With respect to Chapter 16 applicants for uranium enrichment facilities are relieved of the mandatory construction permit hearing and opportunity for operating license hearing.
Because the amended definition removes uranium enrichment facilities from the category of production facility only with respect to Chapters 10 and 16 of the AEA, such a facility remains a production facility for other Chapters of.the AEA. Thus, for example, references to production facilities in Chapter 11 (International Activities) and Chapter 19 (Miscellaneous) continue to include uranium enrichment facilities.
Since Chapter 19 includes the Agreement State program (Section 274) a uranium enrichment facility in an Agreement State is licensed only by the NRC.
- 2. It amends Section 161b. of the AEA to give the Commission discretionary authority, exercised by rule or order, to establish any conditions it deems appropriate in regard to ownership, control, or possession of uranium enrichment equipment in order to protect the common defense and security.
This gives the Commission authority over enrichment equipment, such as gas centrifuges, equivalent to the authority it would be able to exercise under 10 CFR Part 50,
- 3. It amends Section 41a.(2) to allow private ownership of enrichment
2 facilities licensed on a materials basis.
- 4. It amends Section 236 to include uranium enrichment facilities in the criminal law against sabotage of licensed facilities.
Four major procedural areas are addressed in the new Section 193; hearing, timing of actions, environmental review, and preoperational inspection.
Section 193 also contains mandatory insurance requirements.
The procedural requirements are as follows:
- 1. An Environmental Impact Statement must be prepared before the licensing hearing is completed.
Section 193 dictates that the licensing of a uranium enrichment facility is a major federal action under NEPA.
- 2. There must be an adjudicatory hearing on the record even if none is actually requested, but only one hearing is required.
This means that even though the licensing action is a materials licensing under 10 CFR Parts 40 and 70, the adjudicatory procedures of 10 CFR Part 2, Subpart G, must be applied.
Subpart G procedures are the only present NRC hearing procedures that meet the Administrative Procedure Act criteria for on the record hearings. (See, 5 U.
S. C. 554, 556, 557).
- 3. Two provisions address timing. As noted above, an EIS must be completed before the completion of the hearing.
Secondly, the single license to allow construction and operation cannot be issued until the hearing is completed and a decision issued.
- 4. Prior to commencement of operation the Commission must verify by inspection that the facility has been constructed in accordance with the license. A notice of the inspection results must be published in the Federal Register.
Because Section 193 stipulates only a single hearing to authorize operation, the notice of inspection results is not seen as providing a basis for a hearing.
Section 193 also covers two financial aspects, public liability and decommissioning. Although no Government indemnification under Section 170 of the AEA is to be provided (i.e. no Price Anderson coverage), the licensee must carry public liability insurance fundamentally insuring against the same risks covered by Section 170, with one difference of note.
Section 193 requires the insurance to cover the risks of chemical compounds containing source or special nuclear material, thus specifically including the chemical toxicity risks associated with uranium hexafluoride.
Financial assurances for decommissioning costs are required in basically the same form as required by the Commission's decommissioning funding rules.
Many of the special procedural aspects in new Section 193 for the licensing of a uranium enrichment facility are already accommodated by existing rules.
For example,10 CFR Parts 2 and 51 cover the hearing and environmental review requirements. Decommissioning assurance is embodied in the decommissioning funding rules in 10 CFR Parts 40 and 70.
Models for public liability n
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insurance are found in 10 CFR Part 140.
Most issues relating to the common defense and securi', i.e addressed in 10 CFR Parts 70, 73, 74 (as it will be amended), 25, 95, anu 110.
Some conforming rulemaking will be needed, however, to conform prr ent rules to the new legislation, particularly in definitions in 10 CFR Part 40, 70, and 50. These conforming rules are of a minor nature and need net. delay action on any application for a license for a uranium enrichment facility.
OGC has advised the staff that the conforming rulemaking should be undertaken early in 1991 with the goal of finalizing the conforming rules before the j
mandatory hearing concludes.
i The staff anticipates receiving an application for a license for a uranium l
enrichment facility from Louisiana Energy Services in January 1991. After a preliminary review of the application, the staff intends to forward to the t
Commission for its review and approval a Notice and Order regarding the l
procedures and criteria to be applied in the licensing of the facility.
To the extent they are applicable, the staff intends to reference existing codified regulations. The Notice and Order will also include special standards and instructions to govern the licensing process in areas not covered by existing rules.
For example, the general design criteria earlier published in the Advanced Notice of Proposed Rulemaking for Uranium Enrichment Facilities (53 FR 13276) would be identified as criteria for safety review.
At the present time neither the staff nor 0GC foresee'any procedural obstacle under the new legislation to the licensing process for a uranium enrichment facility utilizing the URENC0 gas centrifuge technology that cannot be accommodated within existing regulations and a Commission order.
M William C. Parler General Counsel l
Enclosure:
As stated DISTRIBUTION:
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DATE :12/[/90
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- 12/f /90 OFFICIAI' REC 0RD C0PY Doc: LEGIS/JEC C Drive l
SEC. 5. LICENSING 0F URANIUM ENRICHMENT FACILITIES.
(a) Definition of-Production Facility.--Section 11v. of.the Atomic Energy Act of 1954(42U.S.C.2014(v))isamended.byaddingat i
the end the following new sentence: "Except with respect to the export of a uranium enrichment production facility, such term as used in chapters 10 and 16 shall not include any equipment or device (or important component part especially designed for such equipment or device) capable of separating the isotopes of uranium or enriching uranium in the isotope 235.".
}
(b) Regulation.--Section 161b. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(b)) is amended by striking the period at the end of the section and adding the following: "; in addition, the Connission shall prescribe such regulations or orders as may be necessary or desirable to promote the Nation's common defense and security with regard to control, ownership, or possession of any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or j
enriching uranium in the isotope 235;".
1 (c)OwnershipofProductionFacilities.--Section41a.(2)ofthe Atomic Energy Act of 1954(42U.S.C.2061(a)(2))isamendedby striking "section 103 or 104" and inserting "under this Act".
(d) Sabotage of Nuclear Facilities or Fuel.--Section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284) is amended--
(1) by striking "or" at the end of paragraph (2);
1 (2) by inserting "or" after the semicolon at the end of a
l paragraph (3); and (3)byaddingafterparagraph(3)thefollowingnew paragraph:
"(4) any uranium enrichment facility licensed by the Nuclear i-Regulatory Commission.".
(e) Uranium Enrichment Facilities.--Cha 1954 (42 U.S.C. 2231 et seq.) pter 16 of the Atomic Energy Act of is amended by adding at the end the following new section:
"SEC. 193. LICENSING OF URANIUM ENRICHMENT FACILITIES.
"(a)EnvironmentalImpactStatement.--
)
"(1) Major federal action.--The issuance of'a license under sections 53 and 63 for the construction and operation of any uranium enrichment facility shall be considered a major Federal 4
action significantly affecting the quality of the human environment for purposes of the National Environmental Policy Act i
of 1969 (42 U.S.C. 4321 et seq.).
4 i,'
l
"(2) Timing.--Anenvironmentalimpactstatementprepared under paragraph (1) shall be prepared before the hearing on the issuance of a license for the construction and operation of a 3
uranium enrichment facility is completed.
l i
j
"(b) Adjudicatory liearing.--
"(1) In general.--The Comission shall conduct a single
)
l adjudicatory hearing on the record with regard to the licensing of i
the construction and operation of a uranium enrichment facility 8
under sections 53 and 63.
I
)
"(2) Timing.--Suchhearingshallbecompletedandadecision.
i issued before the issuance of a license for such construction and operation.
1 3
{
"(3) Single proceeding.--No further Commission licensing 1
j action shall be required to authorize operation.
t
"(c) Inspection and Operation.--Prior to commencement of operation of a uranium enrichment facility licensed hereunder, the Commission shall verify through inspection that the facility has been
. constructed in accordance with the requirements of the license for construction and operation. The Comission shall publish notice of the 4
inspection results in the Federal Register.
l l
"(d) Insurance and Decomissioning.--
I i
l
"(1) The Comission shall require, as a condition of the i
i issuance of a license under sections 53 and 63 for a uranium i
enrichment facility, that'the licensee have and maintain liability insurance of such type and in such amounts as the Comission 2
judges appropriaa to cover liebility claims arising out of any i
occurrence within the United States, causing, within or outside the United States, bodily injury, sickness, disease, or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of chemical compounds containing source or special nuclear material.
"(2) The Comission shall require, as a condition for the l
issuance of a license under sections 53 and 63 for a uranium i
enrichment facility, that the licensee provide adequate assurance of the availability of funds for the decomissioning (including decontamination) of such facility using funding mechanisms that may include, but are not necessarily limited to, the following:
"(A) Prepayment (in the form of a trust, escrow account, government fund, certificate of deposit, or deposit of i
governmentsecurities).
l-1
"(B) Surety (in the form of a surety or performance bond, letter of credit, or line of credit), insurance, or other guarantee (including parent company. guarantee) method.
"(C) External sinking fund in which deposits are made at least annually.
"(e) No Price-Anderson Coverage.--Section 170 of this Act shall not apply to any ifcense under section 53 or 63 for a uranium enrichment facility constructed after the date of enactment of this section.".
l H.11Mff CONGRES$10NAL RECORDU-HOUSE '
Obtb6er ft/MF 4
a k.
that help sutsult te for our depend. harastrang in their marketing of nete-D 2119 '
i enee on foretet off, and abrJ help cleart ral gas as an automotive fuel.
H.R. MOT simply elar15ea that thema i
up our enylpenrevat.
As the mmrber of afternative.fbeled ' endtfas may not forfeit the uemptiab The HouseTamt sommma* wftf soort be vehicles grows with the enactment of considerins ther asuD agreed Clean clearr air legisfatiorr, natural gas is already provided by las simply be.
likely to be one of the fuela of choice cause they may sell two vehMen, s. sit,-
Afr Act amerukserrytphieft are spint to accelerate the m af alternative forvehicie fleets or passenger automo, ' pated.ust. fort the law simply had not antic 5-fueta in place of gaansk, wrum."
btles.
Mr. Speaker I want to thank the cleaner natusal gas, 3t is Isaparativa The mayor of my hometnwn in 'IM-chairman of our subcommittee, the 1
that we make suse tha4 we hMe bodaux, Warnn Harang, Jr., drives a gentleman from Indiana (Mr. SHAar!.
cleared asag tha underbrush of regu.
natural gas vehicle and can attest to and the ranking member of tha sub.
J I tio h
rt whi d poss not only its cleanUness but its econe-committee, the gentleman from Caff.
II my It is a cheaper, cheaper fuel; in fornia fMr. MooannDIfor their atten.
I em I am-fhague act a better performing fuel for the tion and considerattan to this simple,
/
g sur has been a stanacts aduecate of the engine.
but awftrlly important pfece of legista.
jj effort le bring these natural gas ears L cal distribution companlea are in a tion. and I want to commend the rj into the marketpface, and he has position to market that fuel directly to ctrafrman of our full committee, the widefy -muud the hurdles we have the public; however, regulatory ambi. gentleman from Mictrigart (Mr. Ihr.
j to get over.
- Itis is what we intend to guity may serve as a deterrent to those ort.r.1 and the ranking member, the 1l solve tonight.
companies wishlag to seB la this new gentfeman from New Yort [Mr. Larr?
Mr. MOORHun. Mr. Speak.er, I marketplace. This legislatica stu end for their assistamce in moving this biff yleid sayeelf such thne as 1 mag com. that confusion and aMew Americans to so expedftfounty, suone.
utnise the existing infrastructure af Mr. MOORHEAD. Mr. Speaker, 2 Mr. Speaker. H.R. 510'I la a semenn. distribuuan companlea fer the sale og have no flerther requests for time, and trueerstal bS) to c}artfy that the Feat. natural gas as an autensative fuel I yleW back the balance of nry time.
eral Energ7 Regulatory Comewission Under the Natural Gas Act localeMs.
Mr. SHARP. Mr. Speaker, Y yteM
,l does not have jurledletion ever certafrr tribution companies rnay set hawe the badt the balsmee of my time.
sales by a local distrfbutton company autherny to provide compressed natas.
Tfse Em pm tmpow Mr.
of compressed natural gas to be used ral gas ECMO] to the mEeimatise. Panzaal. The question is on the as a vehicle fuel. This unintended iueled vehicles. Today, State sad lemy motion offered by the ymtasman frees -
result could occurif the vehicle fueled regulators control local distribution ImMama Wr, Svenart that the Hesse
,)
with CNG crosses State lines.
and retail sale of natural gas. FERC suspend the rulee and pass the blN, jl H.R. MOT la the House companion jurisdiction extends to the interstate II.M. MGF.
measure to S. 3085, whfeb has already transportation and whofesale sate of The guatie was take'sg and (two.
'i cleared the Senate Cormutttee on natural gas. However, it la uneleas thirds haskig voted ta favor theress)
Energy and Nstural Resources. Clarf-under sectico I(c) of the Natural One the ruins were suspended and the bilt fring this jurtsdictional matter wfH Act as to whether compressed natural was pused.
j eliminate a potential obstacle to great-gas in a vehtete which is driven out of A meum to recomider was lmW ors Jl er use of natural gas as a clean bum l"E *E"StI'* M that State and "ufttmately consumed" the W.
- l in another is regafsted by the State or k
n e cetral the FERC. Other potentfaf problems.
contained in the conference report to such as those raised by section 7(D of SOLAR. WIND, WASTE, AMD GEO.
THERMAI, POWER PRODUCI.
be considered later this week, is a re-na ral gas t a nd r r quiremerrt that fleets of 26 or more ve' retan resale and the questhan of Mr. SHARP. Mr. Speaker, I nuove te hicles in certairr osone and carborr whether the LDC engaged in a whofe-suspend the raise and pass the bha
"*"*"*U""'"
to purchase a portion of their new ve-sale function wit! be sol' red by the R N to menage sdar, wimt, hicles as ones whicts run on clean passage of H.R. 5707 and seethermal power producties by fuels. Natural gas is one of the clean-This leghiation Eolves seedon W rem ving the sese Dmetations con.
I est burning fuels and is wef) placed to ambiguity by rxempting LDC's which tained in the Public Utility Regulatory d'
play a major role in tfre Clean Meet market to vehicles wherever those Policies Act of 19'i8, as amended.
The N W u hh Program. Naturaf gas could also pfay a automobiles " ultimately consume" larger role in foeting nonfleet vehicles that CNO. from FERC jurisdiction.
H.ft. esse
-3 as well. Thus, this teefmfeat bfif err Nther, S. N answers the sale.
ae u mcw W 3mfr end the em regulatory jurisdictfort over sales of for resale questloer Li g
% the of Represesetches of the (JMted Rfs1er of natural gas for use as a vehfete feet existtag etesiption for LDC4 wtdch America m congress assmW, will help as implement the fortiscou, sell to CNG retail outlets.
~8PC7HW 1880NF 78n a ing efean air bfff in an orderly marmer.
It is important to susuiw that this This Act may be etted as the *'soler, wht.
Mr. SHARP. Mr. Speaker, I yteld 3 legislation does not confer any advan-6""d G F**
- M *8"c'I'"
g minutes to the gentlemmer from Lonist. tage to na.tural gas, mer does it make ana fMr. Troers).
any new exermptions for the regulauen "8'C
- Pf' " " ** * '
(Mr. TAUZIN asked and was gfven of natural gas companies. H.R. HOT sectras 210(ewn of the Putdie Uttivey permission te revise and extend his res clarifies that, these entities need not hd" j$'(Ihh"*
marks.)
forfeit the exempttens, already paid power production facility wkdch is na suel.
Mr. TAUZIN. Mr. Speaker, H.R.
ed for by law, simply because they bic solar, wind, waste.or seothermal faciuty 5707, the Vehicular Natural Gas Jurfs. may sef! to vehicles, a situation the as defined in section 3(17xD of the Federal diction Act of 1999. is legislation to law had not anticipated.
Power ActF* after "fscflity" wherr it 17rst limit the Federal Eherry Regulatory Let me thank the chairman of the "PP""r*-
Commission't juriseretion over local subcommittee, Mr. SHARP, and the "8En a FMRAL rower ACr NDMEM distribution companies who wtsh to ranking member of the subcommittee.
"ta>Section 3t17X AJ of the FPderar Ptra er sell natural ger for vehtcufar consump. Mr. MooRMsAD, fOr their attentlen and Act la amended by inserting "a facilltr tion. I fntroduced this legislation, considerados ed this simple but inapor. wNeh is an eusme solen wind wee er along with my colleagues. Mrna Am. tant p6ece of legislation, as weti as the 'dNg
"U**"
I p
DREWs MIKE 81"NAa, and Hot WIsr. In chairman and rankirig member of the
"(W Secuan 3(in of such Aes is further order te dispet concerns that LDC's full committee. for their assistance in amended by inserting at the end therest the may, under certain conditions, be moving this bill expeditiously.
followins new subparagraph:
a 1
em z
.?
}
s Q:tober SJc1S90 CONGRESSIONAL RECORD-HOUSB H 11923' #
, (E)'ougG>le solar, wtod, waste or geomer-(e) Uranlura Enrichment Facilitlea,- by Pubuc IAes 98464 sad 96-44 shaB..-
L~
mal facmty' means a fac!!!!y which pro-Chapter t8 of the Atomic Energy Act of within Contra Costa County. California. utl.
4 doces electric energy solety try the use, as a 1954 (42 USC. 2231 et seq.) La amended by lize the e* tina right of-way and faciliues i' primary energy source, of solar energy, wind adding at the end the foDowing new secuon-presently owned and ODerated by the Wesh -
s camry, waste resoumees or geothermal re-mac. ns. twtsstw; Or l1 TAN!!'M DKicHME?r? ern Area Power Administrauon as proposed sourtes, sad wtuch wound otherwtae not rAclLrrIE1 in the plan submitted to Congrees on De.
- I Qualify aa a small power producuon f aculty
"(a) ErvtaowursrrAL ImracT STATruzwTe cember 24.1984 became of the power production capacity
"(1) MAJoe rsocRAL ACTIoW.-The lasuance tim!tation contained in subparagraph of a Ucense under sectaons 53 and 63 for the The SPEAKER pto tempore. Is a
( A MilP. but only if-constructAon and opersuon of any uranium second demanded?
"(D eKher of the followtng is submitted to enrichment facility shall be considered a Mr. MOORHEAD. Mr. Speaker, I the Commission not later than December major Federal acdon significant.ly affecting demand a Second.
31.1994:
the quality of the human environment for The SPEAKER pro tempore. With-
"(1) an application for certi.fication of the purposes of the National Environmental out objection. a second will be consid-faciliv as a Qualifying small power produc-Polley Act of 1969 (42 UAC. 4321 et seq.).
ered as ordered.
Uon facility; or
"(2) TIulmo.-An enytronmental impact
"(II) notice that the facility meeta the re-statement prepared under paragraph (1) quirements for quahflesuon; and shall be prepared before the hearing on the The SPEAKER pro t'empore. The
"(10 construcuan of such facility com-issuance of a Itcense for the construction gentleman from Indiana (Mr. SHARrl mences not later than Decernber 31, 1999, and operadon of a uranium enrichment fa. will be recognized for 20 minutes, and or, if not, reasonable diligence is exerctaed culty la completed.
the gentleman from California [Mr.
4 toward the compledon of such facility
"(b) ADNDICAToRT IlrARINo~
MoORHK.AD) will be recognized for 20 taking into account au factors relevant to
"(1) In crwrmt.-The Commission shall minutes.
construcuon of the facility.
conduct a smgle adjudicatory hearing on
-src a rene arct LATIONS the record with regard to the beensing of The Chair recognizes the gentelman "Unless the Federal Energy Regulatory the construction and operation of a urant. from Indiana [Mr. SHAay).
Commission otherwise spectiles, by rule um enttchment fact 11ty under sect.lans 53 Mr. SHARP. Mr. Speaker. I yield after enactraent of this Act, any eligible a.nd 63.
m>Telf such tirne as I rnay consume solar, wind, waste. or geothermal f acility (as
"(2) Twiso.-Such hearing shall be com-Mr. Speaker. H.R. 4808 will encoup defined in secuon 3(17W E) of the Federal pleted and a decision issued before the issu-age the greater use of renewable Power Act as amended by this Act), ahich is anee of a license for such construcuon and energy by lifting the size limitations a qualifytng==11 power production fact 11ty operauon.
(as defined in subparagraph (C) of section
"(3) Brwat.s rnocuorno.-No further Com-on selected renewable and alternative 3(17) of the Federal Power Act as amended mia4&on beensing acuan shall be required to energy technologies under the Public, by this As-authorize operation.
Utility Regulatory PoMeles Act
"(1) aban be considered a qualifytng small
"(c) InsrscrIon aan OPERAT!oN.-Prior to [PURPA).
power ornducuan facinty for purposes of commencement of operauon of a uranium When PURPA was enacted in 1978 part 292 of title 18. Code of Federal Regula. enrichment facibty Ucensed hereunder, the it placed limits on the size of renew-uona notwithstanding any size limitauons Commisalon shall verify through inspection able energy facilities, such as wind.
contamed in such part, and that the facility has been constructed in ac' solar, and geothermal energy, that
"(2) shall not be subject to the size limits. cordance with the requirementa of the U.
Lion contained in secuan 292.601(b) of such cerme for construction and operation. The could Qualify for exemption from res-part.",
Commisalon shall publish nottee of the in. ulation as a utility. This exemptiort SEC,8, IJcEMitNC or EltAWlUM mRKHMDT FA.
specuon resulta in the Fedemi Register.
Was appropriate because-under OLrrtEs "f d) InstTRANCs AND D8cOs3f!SSIoNINc. -
PURPA these technologies could only (a) Dtrismos or PaonUcT!on FacIuTT.-
"(1) The Commisalon shall require. sa a sell their power to utilities, not to Section 11 v. of the Atomic Energy Act of condluon of the tasuance of a licerue under retail customers.
1964 (42 UAC. 20144v)) is amended by sections 53 and 63 for a uranium eruh.
adding at the end the foD,etng new sen. ment facility that the licens*e base and Since that time, the technologies tenoe: "Except wit.h resper, to the export of maintain liability insurance of such type have gready improved and costs have a uranium enrichment groduction faciuty. and in such amounta as the Comm: won come down. Today even larger sized such term na used la chapters 10 and 16 judges appropriate to cover liability claims planta are technologically feasible and shall not include any equipment or device arising out of any occurrence within the significantly cheaper.
(or important component part especially de. United States, causing, within or outalde the One solar developer for example en-signed for such equipment or device) capa. United States, bodily injury, sickness, dia-timates that allowing larger plants can ble of separtung the isotopes of uranium or ease, or death, or loss of or darnage to prop. help them drop their costs by 2 cents enriching uranium in the taotope 235.".
erty, or loss of use of property, arising out (b) RecvLArion.-6ection 161 h. of the of or resulting from the radioacth'e. totte. per kilowatt hour Bimilar savings are Atomic Energy Act of 19H (42 USC. explosive, or other hazardous properties of possible in the wind and geothermal 2201(b)) is amended by striking the period chemical cornpounds mnta ning source or industries as well Lif ting this size lim.
at the end of the section and moding the fol. special nuclear matertal.
itation therefore will allow renewable lowing. "; in addition. the Commiralon shall
"(2) The Commisalon shall require, u a energy to make a larger contribution presertbe such regulations of orders as may condition for the Lasuance of a license uMer to our national energy supply at a be necessary or destrable to promote the Na. sections 53 and 63 for a uranium er.rrh. lower cost.
tion's common defense and security with ment facility, that the licensee provide ule.
regard to cont.rol, ownership, or possession quate assurance of the availability of f Na Passage of this bill is extremely of any equipment or device, or linportant for the decommissioning < tncluding dr on, timely. Oll prices have risen in recent component part especially designed for such tamination) of such facility using furAng months to the levels experienced when equipment or dence, espable of separating mechanisms that may include, but are not we first passed PURPA in 1978. It is as the isotopes of uranium or enriching urant. necessarily tiralted to, the following*
clear now as it was then that this um in the isotope 231;".
"( A) Prepayment (in the form of a trat. country needs to wean itself from im-(c) OwwrasnIF or PacoucTion FACIU. escrow account, government fund. ce!* tfl. ported sources of energy.
7tsa.-Sect,on 41 a.12) of the Atomic Energy cate of deposit, or depoalt of governmer.: se-Act of 1954 (42 USC. 2061(D2)) is amend. curtties).
Second. Congress this weelt will enact the first sweeping reform of the ed by striking "section 103 or 104" and in.
NB) Burety (tn the form of a suret 7 or serttng "tmder this Act",
performance bond, letter of credit, or brm of Clean Air Act since the 1970's. It is ap-(d) SAaOTAGE oe Noct.aAs PAcIUTIts OR credM), insuTance, or other guarantee (in.
propriate that, at sotne time we un-Ptnn ---Beetion 233 of the Atomic Energy cluding parent company guarantee) method. shackle the technologies that can lead Act of 1PH (42 UAC. 2284) is amended-
"IC) External sinking fund in which de. to the Ultimate solution to clean air.
(1) by str Ling "or" at the end of para. posits are made at least annually.
In addition. at a time when we are graph (2r (e) No PRics-Asnrazon CoVERAGL-Sec-
- 42) by inserting "or" after the semicolon tion 170 of this Act shall not apply to any 11 Wrestiinz with a very difiscuit budset at the end of paragraph (3); and cense under section 53 or 63 for a uranium deficit, this arnendrnent has no negar (3) by adding af ter paragraph (3) the fol. enrichment facility constructed af ter t he tive FYderal. State. or local budget loving new paragraph:
date of enactment of this acetion."
impact, according to the Congressional "te) any uramum enrichment facility 11 haC. L RlurT.or.W AY. taw.
Iludget Office. This will lower the censed by the Nuclear Regulatory Commia-The Ha.rold T. (Bizz) Johnnon California,. costs of these technologies without alon.".
Pacific Northwest Intertie line authorsed costing the taxpayers a dime.
]
l 4
~
-4 g d 11924f N'
CONGRESSIONAL RECORD-HOUSE October'W,- 1990
@* ' We arf making two changes in the Let me indicate Mr. Speaker, that Californla Edison system. This? siolar 1
4 bill today from the version that was what we did in 1978 was to take a power is available during daylight pe.
reported from committee. These major step forward, because one of the changes will bring it into close con. major hurdles to the generation of riods, a timt of day when the demand
(
for electricity is at its peak and air pol-formance with the Senate verison, S.
electricity by solar wind, geothermal, lution problems are most severe be-2415, which was sponsored by Senator and biomass, was the fact that most of DoMENIC1 of New Merloo.
the electric utidtles in this country, at cause of smog formation. Every mega-First, we added waste technologies that time were simply not interested watt of solar energy enables us to burn s
that much less fossil fuel, rneeting the to the list of technologies that would in opening themselves up to these i
have their size limitations lifted. We other forms of power production, and electricity needs of Los Angeles with-specifically wanted to include energy frankly, we had to break their monop-out adding to our already severe air from waste coal and scrap tires. Gen. oly power. That is what we did in 19*18, pollution problems.
erating power from these dornestic along with seeing to it that industries Given the proven success of these waste materials has a number of env1 that could generate electricity from environmentally safe sources of elec-ronmental benefits. It reduces large their surplus heat could sell that tricity, the 80-megawatt restriction no i
unsightly tire piles and waste coal power back into the grid of the local longer makes sense. Thus, I urge my piles that blight the landscape. It also utility.
colleagues to support passage of this i
reduces air pollution from uncon-We broke that monopoly power and legislation.
trolled fires at these piles and water today most new electricity generated Mr. SHARP. Mr. Speaker, I yield 2 pollution from rainwater running off minutes to the distinguished gentle-n a co t rt the waste coal piles.
g g en hn ue[ man from California IMr. MII.t.KnL The second change we made was to and by solar
- wind' and geotherrnal Mr. MILIER of California. Mr.
hmit to 4 years the period during Production Speaker, on behalf of the Interior which these changes will be in effect.
This legislation will help us advance Committee I rise in support of H.R.
This brought us into closer conform-as the technology has advanced. It is 4808. The floor substitute of this legis-ance to the Senate bill and gives us an very significant, and indeed we expect lation contains a provision concerning j,
opportunity in the future to review to see within the year increased solar the licensing of private uranium en-s this decision.
production. It is a midterm policy richment facilities which falls under In addition to the renewable energy change that I think is extremely im-the jurisdiction of the Interior Com-
' l 4 i section, thir bill contains a variation of porta.nt even though it is noncontro-mittee.
versial.
a provtsion that has been passed on The Subcommittee on Energy and numerous occasions by the Senate re-Mr. Speaker, I would urge my col-Environment conducted a hearing on
'li lating to the licensing of uranlurn en-leagues to support this legislation. We the uranium enrichment licensing Pl richment facilities.
know there is broad based support for issue on March 6.1990. This hearing d!
going ahead with renewable energy Under current law, such facilities was conducted in response to the would be treated as nuclear power re-and we want to make sure that the actors, but the NRC has suggested marketplace out there is moving as Senate passage of a uranium licensing I
amendment sponsored by Senator that such treatment is inappropriate. vigorously as possible, especially given since there are a totally different set the dramatic new attention given to JonssTon in November 1989, which our energy needs at this time.
was attached to H.R. 2783, a public-of circumstances involved at these lands measure.
- e I might say, we started on this legia plants. At the time the Atomic Energy lation long before Saddam Hussein de' Under current law, a private urani-Act was written the only enricfunent cided to become so reckless, but fortu~ um enrichment facility rnust be 11 f acilities were operated by the Govern-ment and were unlicensed, and the 11-nately we are able to act o it tonight. censed under 10 CFR 50 the same thanks to the great cooperation of my process used to Ucense a nuclear power
'1 censing of private facilities was prob-colleague, the gentleman from Califor-plant. To date. no private enrichment Il ably not contemplated-The provision contained in this bill nla IMr. MooRHr.AD), who has been a f acilities have been constructed in the i
is a modification of the Senate bill staunch proponent of solar power and b
M"'I that will, in my view, better protect whose State takes the lead in many of Johnston amendment, a private urani-these technologies and I certainly ap-um enrichment facility would have the public health and safety than the preciate the gentleman's help.
been licensed under 10 CFR 40, the original provision. Importantly, there Mr. MOORHEAD. Mr. Speaker I process used to license nuclear matert-will be an adjudicatory hearing prior yield myself such time as I may con, als licensees such as facilities that con-to any construction of a facility. Con-sume.
tert uranium into uranium hexafluor-struction cannot commence prior to Mr. Speaker, I am pleased to rise in d"-
the lasuance of a license. An environ-mental. impact statement will also be support of H.R. 4808 which will lift The uranium licensing provisions in the size limits on geothermal, wind.
II.R. 4808, are the product of lengthy prepared prior to the completion of and solar energy projects. In 1978 hegotiations between the Interior j!
1) the hearing.
The provision establishes a proce-when the Pubile Utility Regulatory Committee and the Senate Energy
.l dure for licensing of an enrichment fa-Policies Act was enacted, geothermal. Committee. It is a compromise be-i cility that is different from both the wind, and solar energy technologies tween the original Senate language were experimental. Size limits made and the more rigorous procedures of licensing of a nuclear powerplant and sense. Now they are outdated.
' urrent law. The committee believes other materials licensees. The purpose In my own State of California, for this approach is justified because a of the provision is to recognize the example, geothermal energy rnet 8.1 aranium enrichment facility is far less fact that an enrichment facility is very percent of California's electricity hazardous than a nuclear reactor, different from a nuclear reactor. As needs at the end of 1987. One compa.
The compromise language provides
+
such, the provision is not intended to ny alone-California Energy-is cur. for the following procedural safe-establish any precedent relative to the rently providing enough electricity to guards that were not contained in the licensing of nuclear powerplanta, meet the needs of over a quarter of a Senate. passed licensing amendment: -
I commend the hard work of my col-million Los Angeles homes.
Provision for a mandatory full adju.
leagues to fr.shion this compromise. It Similarly, solar energy is no longer dicatory public hearing prior to the ts-provides significant protections of the experimental. I represent a district in suance of a combined construction /op-public not found in earlier versions of California which benefits from over 90 eration license.
the bill..
The bill also includes an additional percent of the solar electricity gener.
Requirement that an environmental ated worldwide. Nearly 30r megt watts rior Committee.
of solar electric energy am made avail. impact statement be completed prior matter in the jurisdiction of the Inte-to the Lssuance of a combined con-able to customers of tSe Southern truction/ operation license.
s 4
A
,a 1
L M Oehiber fff JA W CONGRESSIONAL RECORD - HOUSE H 11925 <
NM Requirtunent that the licensee rnain-products wem the first, major source free ourselves of this remann on for-tain Itab0 tty insurance to cover all 11-of energy in our modern age. however, eigners and develop renewable energy ability claims related to the operation it is becoming increasing apparent technologies, of the enrichment fac.ility.
that the seemingly endless supply is The netteet of a national energy Requirement that the licensee pro-finite, and production is no longer potley in light of our presence in the vide assurance that funds are available simple and inexpensive.
Persian Gulf is disheartening. While, for decommMirmimr and decontamina-Therefore, for both economic and our young men and women risk thete tion of the facilitF through either pre-environmental reasons we must begin lives, we at l'ome should consider how payment, surety or performance bond, to seriously consider the use of alter-we can alter our energy habita to help or external ainklos fund.
native forms of energy. This legiais-defeat economic terrorism. A decade of Requirement that the Commission Lion represents a major step toward spending cuts has undertnined t5e de.
verify through inspection that the fa-making these three forms of alterna-velopment of alternate energy tech-cility has been constructed in accord. tive energy more economical for both nology, and we are in a vulnerable po-ance with its license before permitting the producer and the purchaser.
sition to exploit renewables as a short-operation of the facility.
Accordingly, Mr. Speaker, I urge my term solution to the energy crisis we The compromise bill also prohibita colleagues to join in support of this "U* I"#E the Federal Government from provid-legislation and in explorms the many I ur t is y to t this p ing any insurance subsidy to a private benefits of alternative energy.
gg enrichment facility through the Price-0 2120 commitment to renewable energy Anderson Act. Under current law, the NRC has the discretion to provide Mr. SHARP. Mr. Speaker, I yield 2 R&D. I also call upon the administra-Price Anderson coverage to a private minutes to the distinguished gentle. tion to develop an energy polley t. hat woman from the State of Washington will safeguard the availability of enrichment facility, but is not re-quired to do so.
[Mrs. UNSoELD).
energy for generations to come.
The committee believes that if pri.
( Mrs. UNSOELD asked and w as Mr. MOORHEAD. Mr. Speaker, i vate entrepreneurs desire to occupy given permission to revise and extend want to especially thank the gentle-the field of uranhan enrichment, her remarks.)
man from Indiana [Mr. Saamel, the which is currently solely the province Mrs. UNSOELD. Mr. Speaker, I ask chairman of our subcommittee for his of the Peders.1 Govemment, they, not unanimous consent to revise and efforts on this legislation, which is so Federal taxpayers, should bear the fi-extend my remarks. I rise to speak in important to our area in southern a
nancial liability for their actions. In support of the legislation, introdumd California, and to my district.
addition, the increased financtal ac-by the distinguished gentleman from Mr. MHARP. I thank the ge.ntlernan.
I countability created by private insur. Indians, which will promote a cleaner Mr. Speaker, I yield 2 minutes to the 1
ance is an economic incentive for the environment while enhancing our distinguished gentleman from Penn-4 safe operation of private enrictunent energy independence. Passage of the sylvania [Mr. Munrnv1.
faciMties.
Solar Wind. and Geothermal Power Mr. MURPHY. I thank the gentle-The comrmttee has accepted Production Incentives Act wul be a man for yielding.
changes in the licensing requirementa positive step toward reestablishing Mr. Speaker, I want to thank Chaits for enrichment facilities with the un-this country's position as a global man 8KARP and Mr. Mooanzan for I
derstanding that these changes have leader in the development and uw of their foresight in introducing this leg-absolutely no affect, and establish no renewable energy technology.
islation and bringing it - before the 3
precedent, relating to the current re-There has been a steady erosion of IIouse this week.
quirements for nuclear plant licensing Pederal commitment to the lonprm A number of years ago I served on under part 60 or the new part 52 pro-energy independence of Americt The the special ad hoc energy cotmnittee cedure. Because nuclear reactors are lesel of renewable research and Mel-under President Carter, and we in the far more hazartious than enttchment opment funding for this year was only IIouse and Senate at that time facilities, a far more rigorous licensing about 15 percent of that spent in 1980. charted a course in which we would' process is necessary.
We have wasted energy. Worne st!!!,
Mr. MOORHEAD. Mr. Speaker, I we have wasted a decade that should d
e yield 4 minutes to the gentleman from have been spent developing clean re-up n ua hlch are so New York [Mr. OtudANL neWaDie alternatlVCS for our rahdly finite and which today are so expen-I (Mr. GILMAN aaked and was given diminishing domestic oil rese n es.
sive.
permission to revise and extend his re-Without a comprehensive and vioon-Unfortunately, we lost our way, and marks.)
ary energy policy-one that puta os on we sort of deviated from the course.
i Mr. GILMAN. Mr. Speaker I am the path to energy independence-we pleased to rise in support of H.R. 4808. lose the power to control our economic Now I am picased to see that Congress is again, back on that course, to adopt the Solar, Wind, and Geothermal destiny. We have been tulled by cMap 1
Power Incentives Act of 1990. And I fossil fuels-to the detriment of the the sources of energy t. hat.have been I
would like to take this' opportunity to entire planet's environmental A ell. used for centurlea by mankind; solar.-
commend the gentleman from Indiana being.
in the Yucatan and Peru; wind energy
[Mr. SHakf3 and the gentleman from There are numerous obstach, to in ancient Aala Minor, and the Nile.-
1 California [Mr. MooRHEAnl for their osercome on the road to safe, r.mn. These types of sources of energy and efforts toward a better energy policy and dependable energy. Federal b ad. geothermal, which has newly come on for our Nation.
ership is a must. Research dollars will the scene, are so important that we In order to address the serious be required in amounta significantly want to finally reduce our total rell-energy problems of the day, our greater than presently allocJ ed. ance upon fossil fuels, and particular-Nation must explore alternative forms American ingenuity will be calle I on ly, imported oil. We have got to get of energy, a resource that we have un-to develop competitive new tern nol. back to incentives in the United States derutilized. This legislation wouki ogies. The time is now. Until t.he Per. of America in producing our own amend the Pubue Utility Regulatory slan Gulf conflict, we had nearly for. energy.
Policies Act of 19*l8 to remove the ca-gotten how volatile the world erwrgy Solt.r. wind, and geothermalare the pacity limit on solar, wind, and geo-market could be. This devast ating path to follow.
thermal energy facilities so that those blow to our economy and trade bal.
Mr MARKEY. Mr. Speakar. I noe in s1rong larger producers may sell their power ance is but a spike in an otherwise support of the legeshton before us today. Thes; to utmry companica.
long-term allde into foreign energy de-bgrstation puns together several perdng Even today, we continue to rely on pendence. It is nothing short of sub-energy rneasures. the most unpartant one of.
the use of petroleum byproducts as mission to terrorism for Amerv a to whch as the Sotar, Wind, and Geothemist our major source of energy. These &G rellant on foreign ott We must Power Producson incermes Act of 1990,,
m
4%.
k
~
~
=$$H92R - W CONGRESSIONAII RECORD - HOUSE-October BJdSSG.
Mwnsm co eushored wlm chairmarr PHC HEAD, for ther leadershp in this and other set forth in the Asperican Society for Test,.
W SMapuPi> v energy issues. I urge the passage of this befL ing and Materials standard test methode-M,I ' KR, 5808 wt remove the she Nmitadono Mr. MOORHEAD. Mr. Spea.ker, I (t) designated De'Is or D4737 in the case of
' ort renownbid1 energy protects: Instituted by have no further requests for time, and
- ^*I"d'*;*^d 7 PURPA-the Pubuc Utinty Begulatory Poldes I yield back the balance of my time' n
Act of'1970-end aAow mese powerplants to Mr. SHARP. Mr. Speaker, I have no reacft that 'most otDc6ert and cost 4ffective further requests for time, and I yield ghis Act) ar d sh ap g
eo scalec -
back the balance of my time, type of diesel fuel ons defined in the specift.
PURPA hits been extremely successful in The SPEAKER pro tempore (Mr. cation of the American Society for Testing increasing the utilizat on of renewab6e re-PARKER). The question is on the and Materials entitled ' Standard 8pectitcs.
sourcee-such as solar, mind, and geothermal motion offered by the gentleman from tion for Diesel Fuel Ona' dealgnated D975 energy-and lowenng the price of power gen. Indiana [Mr. SHARP] that the House (as in effeet on such date)."
erated ' from these sources. Solar thermal suspend the rules and pass the bill, (c) CONromuuso Awrnwarra.--41) Section power has dropped from a production oost of H.R. 4808, as amended.
h i such Act (15 U.S.C. 2821) is amend-24 cents per kAowatthour [kWh] in 1984, to a The question was taken; and (two-( A) in paragraph (1), by striking out " gas-cost of about 8 cents per kWh today. Wind thirds having voted in favor thereof) oline" and inserting in lieu thereof " fuel";
and geothermal power produchon costs have the rules were suspended and the bill.
(D) In paragraph (2)-
also decreased thanks to PURPA, down to as amended, was passed.
(1) by striking out " standard Specification about 7 cents per kWh for wind and 5 cents The title was amended so as to read; for Automouve Gaaoline" and inserting in per kWh for geothermat.
"A bill to encourage solar, wind, waste, lieu thereof "8tandard specification for Just as impressively, the rehabbty factors and geothermal power production by Automotive Spark Ignition Engine Puel";
and for renewable techno6ogies has steadity im. removing the size limitations con.
provect Geothermal powerplants, for example, tained in the Public Utility Regulatory 11efthe 81 have had an average availabbty factor of 78.9 Policies Act of 1978.".
(C)in paragraph (dw percert This compares otste favorably to nu-A motion to reconsider was laid on (1) by striking out. "gaacDne" the first cieer power plants-which have had an aver-the table.
place it appears ard inserting in lieu thereof i
age availabikty factor or 64.3 percent, and 10 "automouve fuel"; and 4 l of which have had hfetime capacrty factors of (ill by striking out " gasoline" the meond OCTANE DISPLAY AND less than 40 percent.
place it appears and inserting in ucu thereof 4,!
f DISCLOSURE AC'I' OP 1990
" fuel";
But renewable facdities that seek quahfying status under PURPA have been kmrted in size Mr. SHARP. Mr. Speaker, I move to (D) by strikina out paragraph (5) and in-
.q l to 30 or 80 rnegawatts per protect. No one suspend the rules and pass the bill Se,rting in Lieu thereof the fouowing-y j seems to be sure why the srze timrt of 30 (H.R. 5520) to amend the Petroleum ed ift h
eng h p u on or Llo o megawatts was first instituted in 1978. Per. Marketing Practices Act to require cer*
automotive fuel";
?
haps its because such a stze seemed gargan-tification and posting for all liquid (E) in paragraph (11b i 1 i
tuen wrm respect to 1978 technologies, automotive fuels, to provide the States (1) by striking out " octane" each place it
[l But now PURPA's stre krrvts are preventing more authority to enforce automotive appears and inserting in 11eu thereof auto-I s#gnificant econom6es of scale in fact, Luz fuel posting requirements, and for motive fuel"; and, j l Intemational, an Israetebased developer of other purposes, as amended.
(ii) by striking out " gasoline" each place it I
solar power in Cairforma, has esumated that The Clerk read as follows; appears and inserting in lieu thereof " fuel";
p'
'"d its next generabon of solar power technology ILR. 5520 can reduce ther producbon costs from 8 to 6 Be it enacted by tac Senate and House n!
eb o ne it an i ert g cents per kWh if the size Smet in PURPA is re-Represen tatives of the United States M lieu thereof "automouve fuel".
f moveci Simdar ecGer 6. of scale can be re. Amertca in Congress assembled.
(2) Sectiort 202 of such Act (15 U.S.C.
4 albed for geothermal and wind power, once SEWlON t. 8HoRT TrrtA 2822) ls amended-f
- - Federal law allows their protects to grow in This Act may be cited as the " Octane Dis-(A) by striking out " octane rating" and i
- stre, play and Disclosure Act of 1990."
" octane ratinga" each place such terms
'The slogan of the attemative energy invest. BEC. a CERTIFICATinN AND POMTING or Al' TOMO.
appear and inserting in lieu thereof
- auto..
ment has Men **smaM is beauM But d 7tVE Ft'EL aATBG8.
motive fuel rating" and " automotive fuel the both of a hew abon of renewabe (a) CoVERAes oF Au. LIQUID AttrouoTivs ratings", respectively; PUELs.--Section 201(6) of the Petroleum (D) in subsections (a) and (b), by striking eneg Wes, M is apparent mat bg Marketing Practices Act (15 U.S C. 2821(6)) out " gasoline
- each place it appears and sub-can be beaut'ful too; is amended to read as follows-stituting in Ueu thereof " fuel";
j
' The iwww.ce of this incentive for clean "t o ) The term ' automotive fuel' means (C) in subsection (ck renewable energy is underscored this year, by liquid fuel of a type distributed for use as a (l) by striking out "gaaoline" each place it l
t the impendng passage of the Clean Air Act f uel in any motor vehicle ",
appears (other than the second place it ap.
+
rW,uh Renewab6e energy can play a (b) AUTouotr1rs PUEL RATING.-MeCtlon p*ars) and inserting in lleu thereof " auto, 201 cf such Act (15 U.S.C. 2821) is amended motive fuel"; and
' f major role in meeting our clean anr goals whde reSaN and affwdaW W d by adding at the end the following new (11) by striking out " gasoline" the second paragrapha-place it appears and inserting in lieu thereof
,. barrters to growth are removed. Last year en
..( 17 ) The term ' automotive fuel rating' ' fuel";
- , Cahfomia, the wind industry generated over 2 means-(D) in subsection (d), by striking out
- billiorir knoiaratthours of electricity Had this
"( A> the octane rating of an automotive " octane" and inserting in lieu thereof " auto.
powe" :an generated by coeHrnd plants-- spart.tanition engine fuet; and motive fuel",
j, ev ' sth the clean ooal4Uming technology-
"(B) if provided for by the Federal Trade (E) in subacction (eb
.. A)uld have been swnpwded by more Commisrilon by rule, the cetane rating of (1) by striking out " gasoline" esch place lt I tham 8,000 tons of suffts cSodde wrussons diesel fuel oils; or appears and inserting in lieu thereof " fuel";
"( C ) another form of rating determined and anM mHon tons of & (9dde'conhaby the Federal Trade Commission, after (ill by striking out " gasoline's" and insert-
, M the wwebend the clean as consultation with the American Society for ing in lieu thereof " fuel's";
adopted an aw;,no,-4 that i authored with Testing and Materials ( ASTM), to be more (FD Ln subsections (f), (g), and (h), by strik-Representanve Cantos MOORHEAD that pro-appropriate to carry out the purposes of ing out " gasoline" each place it appears and -
. videe an lncenthre for utthnes to pursue renew-this title with respect to the automotive fuel inserting in lieu thereof " fuel";
abio energy in order to mitigate mod rain. That concerned.
(O) in subsection
<h).
by striking out
- 'prodsson of the Clean Ar Act, combened with
"(18 H A) The term 'cetane rating' means a " octane requirement" each place it appears measure, as indicated by a eetane inder or and inserting in lieu thereof " automotive
' - today's bal, H.R. 4808, will pro, vide a very sm, pm an our hon s emronment cetane number, of the ignition quality of f uel requirement"; and diesel fuel oil and of the influence of the
(!!) in the section heading, by striking out
. and eneg mdspendenca
". ' l commend the diairman of the Energy and diesel fuel oil on combustion roughness.
"OCT AN s" and inserting in lieu thereof
"(B) The term 'cetane index' and the term "AUTouoTivs PUEL RATIMQ".
- Power BiA ause, Mr. SHARP, and the 'cetane number' have the meanings deter.
(3) Section 203 of such Act (15 U.S.C.
sthcommittee's ranidng member, Mr. Moon-mined in accordance with the test methods 2823) is amended-
1 2
t Min
[
- t, UNITED STATES 3
- 1 NUCLEAR REGULATORY COMMISSION 8
o WASHINGTON D.C,20585 DEC 2 0 SB gpqo-,
Wr as att MEMORANDUM FOR: Eric S. Beckjord, Director l
Office of Nuclear Regulatory Research FROM:
Robert M. Bernero, Director Office of Nuclear Material Safety and Safeguards
SUBJECT:
REQUEST FOR RULEMAKING - CONFORMING AMENDMENTS TO TITLE 10 CODE OF FEDERAL REGULATIONS FOR URANIUM ENRICHMENT REGULATION On November 15, 1990, the President signed the Solar, Wind, Waste, and Geothermal 1
Power Production Incentives Act of 1990, which amended the Atomic Energy Act (the Act) with respect to regulating uranium enrichment.
The principal amendment changed the definition of a production facility to exclude uranium enrichment; thus, licensing of uranium enrichment plants will be performed pursuant to 4
10 CFR Parts 40 and 70, rather than 10 CFR Part 50. A new Section 193 of the Act contains revised requirements for environmental review, adjudicatory hearings, inspection and operation, insurance and decomissioning, and indemnification.
A number of administrative and conforming changes need to be made to Title 10 to implement the amendments to the Act.
The Parts that clearly need changes include 2, 40, 50, 51, 70, 140, and 170. After further analysis, other Parts that need changes may be identified.
In connection with the prospective application by Louisiana Energy Services (LES) for a license to construct and operate a gas centrifuge uranium enrichment plant, a combined notice and order, to be approved by the Comission, is being prepared that will describe how the proceeding on the application will be conducted in accordance with the recent amendments to the Act.
Included in the notice and order will be a statement that changes to Title 10 are being expeditiously made to conform the regulations to the amendments to the Act as construed in the notice and order.
The Office of the General Counsel has recomended that the conforming procedural changes be published for coment at the same time as the Comission notice and order is published.
Therefore, I request prompt initiation of action to prepare the necessary rule changes to implement the amendments. While we intend to conduct our review of the LES application within the terms of the notice and order, it would be useful to have the rule changes in place no later than the date the Atomic Safety and Licensing Board begins to consider its decision on the application, in order to forestall any criticism that the issuance of the license did not comply with codified regulations. This date is estimated to be July 1992. The cognizant M c LM 00 4 M(-
l Eric S. Beckjord 2
a individual in the Office of Nuclear Material Safety and Safeguards for the task is Peter Loysen.
The task should also be coordinated with Robert Fonner of OGC, for he is analyzing the legal implications of the amendments to the Act and drafting the Commission notice and order.
ggg l
Robert M. Bernero, Director Office of Nuclear Material Safety 1
and Safeguards I
cc:
J. M. Taylor H. L. Thompson C. J. Heltemes S. A. Treby i
M. G. Malsch R. L. Fonner l
)
Distribution: Project No. M-48 PDR NMSS R/F IMSB R/F IMAF R/F JSwift PLoysen FBrown RECunningham GLSjoblom RFonner NMSS Office R/F (PL/BECKJORD LETTER)
- see previous concurrence OFC: IMAF
- IMAF
- IM5B
- 0GC
- IMN5
- IMN5
- 5GTR
- NM5
. :NM55 1
*---FBrown *------ *--------- *------ *-------- *----------- *---------
NAME : Ploy s e n : f b : JJ Swi f t : CJ Haug hney : RFon ne r: GJSj ob l om: RECunn i n g ham: RBu rn
- RMBernero
...........................................................................z................
DATE:12/17/90 :12/17/90:12/18/90 :12/18/90:12/18/90:12/19 /90
- 12/20/90:12/LA/90 :12/u/90 0FFICIAL RECORD COPY
,