ML20039F047

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Responds to 810911 Request for NRC Views on H.R.1106,bill Requiring DOE to Notify State of Siting Investigations for Const of Radwaste Storage Facilities.State Should Have Opportunity to Formally Object to Facility Const
ML20039F047
Person / Time
Issue date: 12/09/1981
From: Palladino N
NRC COMMISSION (OCM)
To: Dingell J
HOUSE OF REP., ENERGY & COMMERCE
Shared Package
ML20039F048 List:
References
NUDOCS 8201110765
Download: ML20039F047 (1)


Text

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E WASHINGTON, D. C. 20665

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48muer%rm 3 The Honorable John D. Dingell, Chairman l,"'iise Comittee on Energy and Commerce United States House of Representatives b

7 Washington, D.C.

20515

Dear Mr. Chairman:

This is in response to your request for the Nuclear Regulatory Comission's views on H.R.1106, a bill to require the Secretary of Energy to notify a state of any siting investigation for the construction of a radioactive waste storage facility in that state and to authorize that state to prevent the construction of such a facility.

The Commission supports statutory provisions requiring DOE to inform and consult with states regarding the screening and characterization of sites for high-level radioactive waste facilities that would be licensed by the NRC. Mereover, the Canission believes that a state which would be affected significantly by an NRC licensed high-level radioactive waste facility should have an opportunity to object formally to its construction and operation if that state's concerns cannot be resolved.

However, the Comission also believes that the procedures for state participation should first provide a means by which DOE and an affected state could resolve any state objections. Only those objections that cannot be resolved should be appealable to the President and the C'ongress, who would carefully balance the state's objections against the national interest in a repository.

H.R. 1106 does not include a procedure for resolving a formal state objection to the construction of an NRC licensed high-level radioactive waste repository. Accordingly, the Comission does not support this bill as drafted.

The Comission also notes that as a technical matter the definition of the term " radioactive waste" is so broad as to include many useful radioactive materials including radiopharmaceuticals. Accordingly, the Comission recomer.ds that the definition of radioactive waste be amended to delete Section 3(3)(c).

Thank you for this opportunity to present the Comission's views on this bill.

Sincerely,

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unzio ladino cc: Rep. James T. Broyhill 8201110765 811209 PDR COMt19 NRCC CORRESPONDENCE PDR I