ML20030D643
| ML20030D643 | |
| Person / Time | |
|---|---|
| Site: | West Valley Demonstration Project |
| Issue date: | 08/26/1981 |
| From: | Cunningham R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Deuster R NUCLEAR FUEL SERVICES, INC. |
| Shared Package | |
| ML20030D644 | List: |
| References | |
| NUDOCS 8109140109 | |
| Download: ML20030D643 (1) | |
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[Returnoriginalconcurrencecopy rown SS 396 Docket Filg 50-201 run u sowoif LPDR (2)
JKluscik Docket No. 50-201 AUG 2 6198f NMSS R/F ev FCAF R/F sg LA File c)
RECunningha g
Nuclear Fuel Services. Inc.
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ATTN: Mr. Ralph W. Deuster, Preside;q LCRouse 6000 Executive Boulevard, Suite 600 ATClark
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-S Rockville, MD 20852 WTing R
4@ Yp. W< Y Gentlemen:
Please be advised that on August 10, 1981, we received an application from the New York State Energy Research and Development Authority, joined by the U.S. Department of EnerSy, for amendment of Provisional Operating License Ho. CSF-1. A copy of the application is enclosed.
l We request that you examine the application and advise us of your position as co-licensee regarding issuance of the proposed amendment. Please provide i
us with your response by September 11, 1981.
i We also enclose, for your information, a copy of a notice of receipt of application which is being sent to the Federal Register for publication.
Sincerely, Dr%fnst Signed by Echard L. Cunninghant l
Richard E. Cunningham, Director Division of Fuel Cycle and Material Safety Office of Nuclear Material Safety and Safeguards
Enclosures:
1.
Application for Amendment of License No. CSF-1 2.
Federal Registcr Notice 8109140109 910826
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O Twc, Rockefeller Plaza New York State Energy Resaarch and Development Authority t518) 465-6251 August 14, 1981 N
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Mr. John G. Davis O
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Director T
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Safety ar d Safeguards
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Nuclear Regulatory Commission sf x
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washington, D.C.
20555
Dear Mr. Davis:
With this letter, the Energy Research and Develop-ment Authority (ERDA) of the State of New York, joined by the U.S.
Department of Energy (DOE), submits to the Commission an application for amendment of License No. CSF-1 to provide for the West Valley Demonstration Project at the Western New York Nuclear Servicce Center.
Submission of the application by ERDA, joined by DOE, is required by Section 2 (b) (4) (D) of the West Valley Demonstration Project Act, Pub.
L.96-368, 94 Stat. 1347 (October 1, 1980).
As S50.33 of the Commission's regulations requires, we are submitting three originals of the application signed under oath, together with 19 copies.
Under SS50.33 (e) and 170.21 of the Commission's regulations, no filing fee is required to accompany this application for amendment of Licensa No. CSF-1.
m 7 Sin er'ly, fh, Y
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Jack
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Before the UNITED STATES I
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 Authority
)
)
APPLICATION FOR AMENDMENT OF LICENSE NO. CSF-1 j
TO AUTHORIZE TRANSFER OF THE FACILITY
)
Submitted by:
NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY Joined by:
+
Albany, New York UNITED STATES DEPARTMENT l
Carmine J.
Clemente, Esq.
OF ENERGY General Counsel-Washington, D.C.
h Howard A. Jack, Esq.
Warren E.
Bergholz, Jr., Esq.
First Deputy Counsel Attorney Philip H. Gitlen, Esq.
Whiteman, Osterman & Hanna Of Counsel O
j qj August 14, 1981 Qg h.
1951S o
9,s
9 Before the
(
UNITED STATES NUCLEAR LEGULATORY 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 Authority
)
r3 APPLICATION FOR AMENDMENT OF LICENSE NO. CSF-1 g
TO AUTHORIZE TRANSFER OF THE FACILITY A.
Nature of the Amendment on April 19, 1966, the Atomic Energy Commission, 1
predecessor of the Nuclear Regulatory Commission, issued
)
Provisional Operating License No. CSF-1, pursuant to Section 104b of the Atomic Energy Act of 19542, J
l The word " Commission" refers to the Atomic Energy Commission with respect to any period before January 19, 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, S1, 68 Stat. 937
[ current version at 42 U.S.C.
S2134 (b) (1076)].
) '
License No. CSF-1 is a Class 104 license, as described in S 50. 21 (b) (1) of the Commission's regulations, 10 C.F.R.
S50. 21 (b) (1) (19 80).
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 operate the facility and possess radioactive materialc and s
wastes at the Center; the New York State Atomic and Space Development Authority ("ASDA") was licensed as owner and lessor of the Center.
Under New York State law, ASDA was
)
reconstituted as and succeaded by the New York State Energy Research and Development Authority (" ERDA" ) in 1975.3 q
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, 96-3 368, 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 a
authorized and mandated by the Project Act.
Submission 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 bi Section 2 (b) (4) (D) of the Project Act.
The amendment comprises a new paragraph "7"
to be added to License No. CST-1, to read:
c 3
See infra p.
6.
f I
) 7.
The licensees, as their respective interests under this license appear, may transfer premises and facilities-(the " facility") to the United States G
Department of Energy (" DOE") in accordance with the West Valley Demonstration Project Act
(" Project Act"), Pub.
L.
No. 9o-368, subject to the following conditions:
A.
DOE shall assume 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 C) the facility to DOE, and continuing until DOE surrenders possession thereof:
a.
Neither licensee shall be authorized to possess, use, or operate, or be respon-sible for maintenance, surveillance, or g
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 f,
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 i
to the Project Act; (ii) to guard against the loss or diver-
'()
sion of any special nuclear material located at the facility; i
(iii) to prevent any use of or disoosition j'
located at the facility which DOE of any special nuclear material
()
may determine to be inimical to the common defense and security; or j
(iv) to protect health or minim 3ze danger to life or property.
1
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'O b.
Neither. licensee shall have further f
responsibility under subparagraph'5(B).
(,3 or (C)' of this license to deveJ op, maintain, or submit records or reports as pertaining to events occurring or con-ditions prevailing at the facility 4
during the time the facility is in DOE's l
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 l
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
!~O r 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 1
inhibit or prevent-DOE from taking any action
{
under the Atomic Energy Act or the Project y
Act:
(i) to carry out its activities pursuant to the Project Act;-
i (ii) to guard against the loss or diversion
!()'
of any special nuclear material located at the facility; 4
4 (iii) to prevent any use of or disposition of any special nuclear material located at j
the facility which DOE may determine to
!()
be inimical to the common defense and security; or 1
j.
(iv) to protect health or minimize danger to life or property.
$1 D.
The licensees, as their respective interests j
under this. license appear, shall:
i (1) retcquire and possess the facility upon surrender of the facility by DOE, in accordance
- () -
with such. technical. specifications and subject j
i to such other provisions as the Commission finds necessary 0.nd proper under the Atomic 2
Energy Act and' Commission regulations; and
?
lO e
(2) make timely application to the Commis-sion for authority to reacquire and possess the facility upon surrender of the facility gp by DOE.
In addition, ERDA notes that the Commission originally issued License No. CSF-1 as a provisional license.
As a result J
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 J
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 3
required by law.)
B.
General Information 1.
Name of Applicant.
The applicant is the New York U
State Energy Research and Development Authority, which is joined in the submission of the application by the United States Department of Energy.
2.
Address of Applicant.
The address of the applicant is:
Enargy Research and Development Authority Two Rockefeller Plaza Albany, New York 12223 The address of DCE is:
United States Department of Energy c3 Forrestal Building 1000 Independence Avenue, S.W.
Washington, D.. C.
20585 3.
Nature of Applicant's Business.
The Energy
.]
Research and Ecvelopment Authority is a body corporate and
e 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, dnd encourage new energy technologies and energy conservation technologies through research, development, and demonstration 3
programs, certain joint undertakings with other entities, and provision of services, information, and certain financial 7) 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.
]
seg.
4.
Description of Applicant.
(a)
As described above, ERDA is incorporated in D
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:
li)
Directors.
)
Chairman James L.
Larocca Two Rockefeller Plaza Albany, New York 12223 United States Citizen
)
0 Director John S.
Dyson 10 Columbus Circle New York, New York 10019 e
United States Citizen Director Robert F. Flacke 50 Wolf Road Albany, New York 12233 United States Citizen Director Paul L. Gioia Three Rockefeller Plaza Albany, New York 12223 United States Citizen 3
Director Roy W.
Bahl, Jr.
Syracuse University Syracuse, New York 13210 United States Citizen Director Theodore J. Carlson J
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 q
'~'
United States Citizen Director Victor P. Meskill Dowling College Oakdale, New York 11769 g
United States Citizen Director David Sive 425 Park Avenue New 7crk, New York 10022 United States Citizen 7~3 Director David J.
Richardson 840 Ellison Avenue Westbury, New York 11590 United States Citizen
)
1 j
l '
Director Joanna D. Underwood 25 Broad Street New York, New York 10004
)
United States Citizen Director
[ VACANT]
(ii)
Principal Officers Executive Director
[ VACANT]
Secretary and General Carmine J. Clemente Counsel TwQ 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 tne 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 I
nuclear fuel reprocessing facility.
The amendment submitted does not entail any chanaa in the class of license, but only transfer of possession of and responsibility for the facility 1
to DOE.
License No. CSF-1 also includes authorizations under Parts 30, 40, and 70 of the Commission's regulations
)
for NFS to possess certain radioactive materials and wastes.
The amendment submitted here does not cover those parts of the license, however.
Sections 30.41, 40.51, and 70.42 of
)
the Commission's regulations already permit NFS to transfer
?
i i
possession of radioactive materials and wastes to DOE (legal successor to the former U.S. Energy Research and Development Administration).
6.
Financial Qualifications.
The financial quali-j 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 financial 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.
1 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 perrit, to authorize the proposed plant enlargement and modification plan for the facility.
)
) 3.
In September of 1976, NFS notified the Ccmmission 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 Va_ ley 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 September 30, 1981, ectablishing arrangements for review and consultation by the Commission with respect to 1
the Project.
D i
b
O 6.
The Project Act, Section 2 (b) (4) (d), directs 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 amendment set forth in this application g
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 Prc ect.
4 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 specifications would also be held in abeyance.
9 The amendment submitted also provides that in all other respects the responsibilities of NFS and EnDA under the license continue in effect, provided that neither NFS nor I)
ERDA may have any control over the Project under the license.
In addition, the amendment requires NFS and ERDA, as their interests under the license appear, to reacquire and possess O
the facility upon surrender of the facility by DOE, in accordance with such technical specifications and subject to e
i i
9 such other provisions as the Commission finds necessary and proper.
Finally, NFS and ERDA, as their interests under the j
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 eignificant impact, or environmental impact statement is required with respect to this application [10 C.F.R. S 51. 5 (d)
~
(4 ) (19 80) ].
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 J
itself is the subject of full environmental review, and DOE is now preparing an environmental impact statement pursuant to 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,
,J pursuant to the interagency agreement that DOE and the i
O '
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 551.5(a) or (b) of the Commission's regulations [10 C.F.R. S51.5(a) and (b) (19 80 ) ].
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 51.41s_980)].
m J
E.
Technical Information Not Required.
No preliminary safety analysis report, final safety analysis report, phyrical security plan, or safeguards contingency plan is required with respect to this application.
The Commisaion's regulations, 10 C.F.R.
S50.34 (1980),
explicitly require those documents only for applications for cons,truction permits or operating licenses.
Moreover, those documents are not material to this application because the amendment submitted here would not entail any new construction or operation authority for either licensee.
Rathcr, this amendment would be an administrative action conforming the
~,i terms and conJitions 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 O
implementing the Project will be subject to the Project Act's requirements for informal Commission review pursuant I
to che interagency agreement thht DOE and the Commission are 3
required to prepare.
l l-s
() F.
2 ad 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
-sv possession of the facility no later than October 1, 1981.
Therefore, the applicant and DOE respectfully request the n
Commission to act expeditiously to issue the amendment set v
forth above.
G.
Communications to Applicant.
g' Any communications to ERDA concerning this appli-cation should be made to:
3 Carmine J.
Clemente, Esq.
General Counsel Energy Research and Development Authority Two Rockefeller Plaza Albany, New York 12223 i
(518) 465-6251'
.O Theodore K. DeBoer Director, West Valley Program Energy Research and Development Authority i
Two Rockefeller Plaza l
Albany, New York 12<~:23 (l
(518) 465-6251 Philip H.
Git ? =an, Esq.
Whiteman, Osterman & Hanna 99 Washington Avenue Albany, New York 12210 I)
(518) 449-7600 1
i D
). 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.
20585 (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
)
)
)
)
O Nuclear Regulatory Commission action with respect to the Application, by filing appropriate notification with the O,
Commission.
Respectfully submitted, O
NEW YORK STATE ENERGY RESEARCH AND DEVELOPME AUTHORITY By:
O carmine Jr clemente enral[ounse y
')(.,]
/_
,je HowTfd' A.
Jack ~ '
- O First Deputy unseL Joined by:
UNITED STATES DEPARTMENT OF O
ENERGY By: /
M Warren E. Bergholz, fJ.
Attorney f
O August 1981 O
- O
- O
'O
{
District of Columbia
)
I, a Notary Public of the District of Columbia, certify that on Augu.s7"g, 1981, Howard A.
Jack per-J 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 in true to the best of his knowledge, informa-tion, and belief.
la l
l Witness, my hand and seal.
)
Notary PuMi'c '
- /hj U
(D District of Columbia
)
I, a Nocary Fablic of the District of Columbia, certify that on /)tufv6TN/, 1981, Warren E.
Bergholz, Jr.
m personally appeare'd 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 hi s knowledge, information, and belief.
D Witness, my hand and seal.
D h
hY Notary Pub gc
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" EXHIBIT A"
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PUBLIC LAW 96-368-OCT.1,1980
'94 STAT.1347
.. a.
Public Law 96-368
,96th Congress i.".-
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. hb authodse the Department of Energy to carry out a high. level liquid nuclear
- Oct.1,1980 waste ensnagement demonstration project at the Western.Ww York Service
[S.2443)
~,i,Centerin West Valley,New York.
' 'Be it enacted the Senate and House ofReomentatives of the V-$
UnitedStates mericain Congmsassembled, -
weet. van y
~.-
SzerroN 1.
)
- tion Proiect Act',. Act may be cited as the " West Valley Demonstra- %Qia"
' 42 u l
. Sr.c.1 (a) The Secretary shall carry out, in accordance with this noe sc 2021.
Ac a high level radioactive waste management demonstration 42 Usc2021.
et at the Western New York Service Centerin West Valle New nat*-
for the purpose of demonstrating solidification t ues which can be used for preparing high level radioactiv; was for -
~^'
- =pa=1. Under the project the Secretary shall carry out the follow Activith.
)
'.ingactivities:
(1) The Secretary shall solidify in a form suitable for transporw
. 1
- .. tation and disposal, the high level radioactive waste at the a. ~-'
t Center by vitrification or by such other technology which the
y 4 ' :
Secretary determines to be the most effective for solidification.
~
(2) The Secretary shall develop containers suitable for the at the Center. posal of the high level radioactive waste solidiiled permanent dis
)
s.2
- (3) The Secretary shall,' as soon as feasible, transport, in
- #~;
accordance with applicable p,rovisions 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, dispose oflow level radioactive waste and transu-ranic waste produced by the solidification of the high level
)
radioactivewasteunderthe[ econ 6mtrnte and decomnicion-5 roject.
(5) The Secretary shall (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 projec*,
in accordance with such reauirements as the Commiaion may
- (b) prescribe-Defore v.dertaking the project and during the' fiscal year ending k'
~"
September 30,1981, the Secretary shall carry out the following:
(1) The Secretary shall hold in.the vicinity of the Center pubhc Hearinas hcarings to inform the residents of the area in which the Center
)
is located of ti,e aetaities proposed to be undertaken under the prod')eet and to receiva their comments on the project.The Secretary shall con
(
able for the solidification and handlirg of high level radioactive wasto to.ing into account the unique characteristics of such wasteattheCenter.
J
)
)
r-1 y
94 STAT.1348 PUBLIC LAW 96-368-OCT.1,1980 (3)TheSecre shall-
~' th(e project,e detailed engineering and cost estimates for A) unde (B) prepare a plan for the safe removal of the high level radioactive waste at the Center for the purposes of solidifica-
)
tion and include in the plan provisions respectin the safe breaching of the tanh in which the wasteis sto:
operat-ing equipment to accomplish the removal, and, luicing, techniques, (C) conduct approprirle safety s,nalyses of the project, and (D) prepare nquired environmental impact analyses ofl (4) 'Ihe tary shall eder into a coo rative ment.
)
~ with the State in accordance with the FederafGrant an Cooper-41 Usc 301 ative Agreement Act ofl977 under which the State will carryout.
mote.
thefollowine (A) The State will make available to the Secretary the facilities of the Center and the high level radioacti_ve waste
. at the Center which are necessary for the completion.of the
'ect
. proirou.The facilities and the waste shall be mada evailable
)
' wit t the' transfer of title and for such period as may.be reguired for ecmpletion of the project.
./..
w) The Secretary shall provide technical assistance in, securing required license amendments.
stat. costs.
(C) The State shall 10 per centum of the costs of the 3**8 *-
project, as determin the Secretary.In determinirig the
~
' "..~
costs of the profect,the tary shallcensiderthe value of m.
the use of the Center for the prof'ect. The State may not use
)
Federal ftihds to pay its share o the cost of the pro may)use the perpetual care fund to pay such share. ject, but W = ing (D Submission jointly by the Department of Energy and
- a" hat the Siate of New York of an application for a licensing -
amendment as soon as possible with the Nuclear Regulatory !
Comminion pronling for the demonstration.
(c) Within one year from the date of the enactment of this Act, ths * -
)
Set retary shall enter into an agreement with the Commission to i establish arrangements for review and consultation by the Commi.
sion with respect to the, project: Prc'ided, That review r.nd consul-tation by the Commission pursuant to this subsection shall be.
conducted informally by the Commiaion and shall not include nor require formal pmcedures or actions by the Commi= ion cursuant to 42 Usc roit the Atomic Energy Act of 1954, as amended, the Energy Reorganim-4fu*'scmi tion Act of 1974, as amendcJ, or any other law. The agreement shall provide forthe following:
1 l
a.c.'
(1) The Secretcry shall submit to the Commiss!on, for ita review und comment, a plan for the solidification of the high level radioactive waste at the Center, the removal cf the wastn for purposes ofits solidification, the preparation of tile waste for disposa), and the decontamination of the facilities to be used it.:
sohdifying the waste. In preparing its comments on the plan, the s
/
Commission shall spect'fy with p,recision its objections to any.
Matim provision of the plan. Upon submtssion of a plan to the Commis '
y,y,**
sion, the Secretary shall publish a notice in the Federal Register of the submission of the plan and ofits availability for public inspection, and, upon receipt of the comments of the Commi" ion respecting a plan, the Secretary shall publish a notice in the
(
Federal Register of the receipt of the comments and of the t availability of the comments for public inspection. If the Secm.j c
D PUBLIC LAW 96-368-OCT.1,1980 94 STAT.1349 tary does not revise the plan to meet objections ecifiedin the comments of the Commission, the Secretary shall blishin the
. Federal Eegister a detailed statement for not so revising the plan.
(2) The Secretary shall consult with the Commission with -
resoect to the form in which the hi levelradioactive waste at O
the'Centershallbe solidified andt containers to be usedin the permanentdisposalofsuchwaste.
(3) The Secretary shall submit to the Commkion safety Repodsand analysis reports and such other information as the Commission $(3,,
may re uire to identify any dan er to the public health and to co-w safetyw chmaybe presentedby e
'ect.
(4) The Secretary shall afford the ambsion access to the Center to enable the CommMion to rnonitor the activities under 3-the project for the purpose of assuring the public health and safety.
(d) In carrying out the project, the Secretary shall consult with the C*n=Itation Administrator of the Environmecul Protection Agency, the Secre-Jf]andh tary of Transportation, the Directur of the Geological Survey, and the commercialoperator of the Center.
Sec. 3. (a) There are authorized to be agpgpriated to the Secretary Apgropriation r
p ect more than $5,000,00 the fiscal year ending s Nc O
b) The total amount obligated for the pr sjectby the Secretary shal!
be 90 per centum of the costs of the project.
(c) The authority of the Secretary to enter into contracts under this I
.. Act shall be effective for an fiscal year only to euch extent or in such i
amounts asare providedin vanceby ropriation Acts.
O SEC. 4. Not later than February 1,1
,and on Febm 1 of each Re to e p%.*n"["* i caleniaryearthereafterd '
the termof the project,th Secreta shalltransmitto theS ro the HouseofRepresentatives and President pro tempore o the Senate an up-to date report containing a tempore oI"w o
detailed description of the activities of the Secretary in carrying out hate-the project, including agreements entered into and tite costs incurred Msc 2021.
dunng the period reported on and the activities to be undertaken in O
the next fiscal year and the estimated costs thereof.
. Sec. 5. (a) Other than the costs and responsibilities established by *42 usc 202te.
this Act for the ect, nothing in this Act shall be construed as sffecting any rig obligations, or liabilities of the commercial operator of the Center, the State, or an rson, as is appropriate, arising under the Atomic Energy Act of 1 or under any ote.er law, 42 Usc 201-contract, or agreement for the operation, maintenance, or decontami "t"-
g nation of any facility or property at the Center or for any mates at the Center. Nothing in this Art shall be construed as affecting any applicable licensing requireme:st of the Atomic Energy Act of1954 or the Eneigy Reorganization Act of 1974.This Act shall not applyor be 42 ttsc ssot extended to any facility or property at the Center which ia not used in **-
conducting the project. This Act may not be construmi to expand or diminish the rights of the Federal Government.
(b) This Act does not authorize the Federal Govermnent to acquire title to any,high level radioactive waste at the Center or to the Center orany ton thereof.
Sec..Forpurposesof this AcL:
Denn!rior.s.
(1) The term " Secretary" 'means the Secretary of Energy. 42 usew22.
(2) The term "Cemmission' means the Nuchar Regulatay """
l Commission.
1 (3) The term " State" means the State s,f New York.
C l
l P
D i
94 STAT.1350 PUBLIC LAW 96-368-OCT.1,1980 p
lev (4) The term "high Isel radioactive waste" means the high el radioactive waste which was produced by the reprocecsing nt the Center of spent nuclear inel. Such term includes both liquid wasi which are produced directly in reprocessing, dry solid mate.a.1 derived from such liquid waste, and such other material cs the Commimion designates as high level radioactive waste for purposes of protecting the public health and safety.
]
(5) The term " transuranic waste" means material coptamt, mated with elements which have an atomic m.mber greater than' 92, including neptunium, plutonium, americium, and curium and which are m concentrations greater than 10 nanocuries per, -
gram, or in such other concentrations as the Commi" ion may prescribe to protect the public health and safety.
i (6) The term " low level radioactive waste" means radioactive waste not classified as high level radioactive waste, transuranic waste, or byproduct material as defined in section 11 e. (2) of the 42 UsC 2014.
AtomicEnergy"Actofl954.
(7) The term project" means the projec prese:ibed by section 2(a).
(8) The term " Center" means the Western New York Service CenterinWestValley,NewYork.
Approved October 1,1980.
D D
D LEGISLATIVE HISTORY:
HOUSE REPORT No. 96-1100, pt. I (Comm. on Science and Technology) and pt. II (Comm. on :nterstate and Foreign Commerce 1, both cccompanying H.R. 6h SENATE REPORT No.96-787 (Comm. on Energy and Natural Resourcest CONGRESSIONAL RECORD, Vol.126 (10Sor.
June 12. considered and passed Senate.
Sept.15. H.R. 6865 considered and passed House; passage vacated and S. 2343, amended, passed in lieu.
Sept.17. Senate concurred in House amendment with amendments: House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDEN'ML LOCUMENTS. Vol 16, No. 40:
Oct 1. Presidential statement.
O D
3