ML20044A602
| ML20044A602 | |
| Person / Time | |
|---|---|
| Issue date: | 05/05/1989 |
| From: | Moeller D NRC ADVISORY COMMITTEE ON NUCLEAR WASTE (ACNW) |
| To: | Curtiss NRC COMMISSION (OCM) |
| Shared Package | |
| ML20044A598 | List: |
| References | |
| NACNUCLE, NUDOCS 9006290268 | |
| Download: ML20044A602 (8) | |
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I UNITED STATES J
. f, NUCLEAR REGULATORY COMMISSION ADViloRY CoMMITTtt oN NUCLEAR WASTE
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.g WASHINGTON, D.C. 30585 May 5, 1989 i
MEMORANDUM FOR: Comissioner Curtiss FROM:
Dade W. Moeller, Chaiman i
Advisory Comittee on Nuclear Waste t
SUBJECT:
-ACTi"ITIES OF THE NUCLEAR WASTE TECHNICAL REVIEW BOARD L
During the meeting of the Advisory Consnittee on Nuclear Waste (ACNW) with the Comissioners on April 27, 1989, you inquired regarding the differences between the Nuclear. Waste Technical Review Board (NWTR8) and the functions of L
the ACNW. This memorandum is in response to your request.
The NWTRB is different from the ACNW in several ways, primarily:
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- The Board (11 mesbers) is appointed by the President to evaluate the technical and scientific validity of the De)artment of Enerny activities regarding site characterization for the higi-level radioact' ve waste re-pository and activities related to the packaging 'or transportation-of radioactive waste or spent nuclear fuel.
The Board is high-level required to report at least twice a year to the U.S. Congress and the s
Secretary of Energy its findings, conclusions.- and recommendations.
Thus, the focus of Board accountability is outside the NRC.
The ACNW Charter is much broader than only r.ite-characterization and HLW transportation.
It includes safety considerations primarily, which are applicable to a much broader range of waste-related activities, in -
cluding the management and disposal of high-and low-level wastes, mixed wastes, and naturally occurring and accelerator-produced radioactive materials, including stora]or, the-ACNW and the lefiRB are attached e
(Copiesofthe" charters *t In addition, the ACNW provides advice to the NRC Comissioners and its staff on the scope, rationale, formulation, and implementation of the NRC's regulatory functions and related research programs. -The Eoard, on t
the other hand, is expected to perfom an oversight activity. We expect that the ACNW will provide on the order of 40-50 reports per year to the Comission and/or its principal staff members.
The Board is a fully independent entity with its own sources of techni-cal support, funds, etc., while the ACNW depends on NRC for the alloca-tion of its supporting budget and staffing.
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7 i-Comissioner Curtiss '
- The ~ Board members are graded at Executive Level !!! rather than the GS-15 [(GS-18) when approved by the NRC Chairman) of ACNW menbers. This strongly suggests judgments at the policy level for men 6ers of the Board-vs. primarily at the technical level for members of the ACNW.
In sumary, it is my opinion that the NWTRB is cast in more of an oversight role re mrting.to the U.S. Congress and the Secretary of the Department of Energy in a limited range of activities than in an advisory role with respect to a much wider range of waste-related activities as is the ACNW.
Attachments:
1.
U.S. huclear Regulatory Comission Charter for the Advisory Comittee on Nuclear Waste dated May 18, 1968 2.
Charter for the Nuclear Waste Technical Review Board cc: Chairman Zech Comissioner Roberts Conraissioner Carr Comissioner Rogers S. J. Chilk, SECY l
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3;.
U.S. NUCLEAR REGULATORY CONMIS$10N CHARTER ADV150RY COMMITTEE ON NUCLEAR WASTE Advisory Committee on Nuclear The cosaittee's official designation:
1.
I Waste (ACNW)
The connittee's objectives and the scope of its. activity:
2.
The connittee shall report to and advise the Nuclear Regulatory Connission (HRC) on all aspects of nuclear waste management, as.
The primary emphasis will be on disposal bu i
espects such as handling, processing, transp t
In mixed with other hazardous substances, and ific l
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-areas of concern referred to it by the Consnission or designate representatives of the Commission, and it is carry out its. responsibilities.
The period of time necessary for the committee to carry out its 3.
purposes:
The Advisory Committee on Nuclear Waste is expected to be connittee.
The agency or official to whom the ccanittee reports:
1 4.
The connittee will report to the Nuclear Regulatory Coenission d
through the Chairman, NRC, and will provide advice to offic<als of the NRC, as appropriate.
The agency responsible for providing the necessary support 5.
committee:
Designated offices of the NRC The U.S. Nuclear Regulatory Camission.will provide te needed.
A description of the duties for which the committee is respon g
6.-
The committee will report to and advise the Nuclear Regula sten on all aspects of nuclear waste management and disp and 72 and other applicable regulations and as the Nuclear Waste Policy Act, the Low-lev
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I ATTACHMENT 1 J
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i The' Committee will examine and report on specific areas of-
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.y.
i concern referred to it by the Commission or its designated representa amended.
tives, including.the issuance of construction permits and licensesIve,
1 and will undertake other studies and activities on its own as appropriate to carry out its responsibilities. The committee trill interact, with representatives of NRC, other federal agencies, stat and local agencies, Indian Tribes, private organizations, etc., as
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appropriate to fulfill its responsibilities.
The estimated annual operating costs in dollars and FTE staff years:I 7.
and require Estimates are that the committee will cost about $560,000 about 7 FTE per year to operate.
-l The estimated number and frequency of committee meetings:-
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It is estimated that there will be 6 meetings annually of the full committee and 3 meetings annually of subcommittees or subgroups.
The comittee's terinination date,,1f less than two years from the'date '
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of the comittee's establishment:
Not applicable (The ACNW is expected to be a continuing commit renewal of its charter biannually for as long as necessary to fulfill =
itsfunctions).
o e 7 A /9eff' The date this charter is filed:
10.
(Gate John.Hye Advisory Cemittee Management Officer U.S. Nuclear Regulatory Commission i
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PART E-NCCLEAR WASTE TECHNICAL REYlEW BOARD SEC 5051. NUCLEAR WASTE TECHNICAL REYlEW BOARD.
I The Nuclear Waste Policy Act of1989 (42 U.S.C.10101 et seq)is further amended by adding at the end the following new title
" TITLE Y-NUCLEAR WASTE TECHNICAL REYlEWBOARD "czrismons
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"Ssc. 501. As used in this title:
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"(1) The term ' Chairman' means the Chairman of the Nucle.
ar Waste Technical Review Board.
"(2) The term ' Board' means the Nuclear Waste Technical ~
Review Board established under section 502..
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" NUCLEAR WASTE TECHNICAL REVIEW BOARD l
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" Sic. 502. (a) EsrAsusnutst.-There is established a Nuclear.
Waste Technical Review Board that shall be an independent estab..
1 lishment within the executive branch.
"4) Mzustas.-41) The Board shall consist of 11 members who shc!! be oppointed by the President not later than 90 days aper the -
date of the enactment of the Nuclear Waste Policy Amendments Act of1987 from among penons nominated by the National Academy of Sciences in accordance with pangraph (3).
"(2) The President shall designate a member of the Board to serve as chairman.
"tSXA) The National Academy of Sciences shall, not later than 90 Amenfments Act of1S87, nominate not less than !! person}
pointment to the Board from among penons who meet the qualipca.
tions described in subparagraph (C)
"tB) The National Academy of Sciences shall nominate not less than 2penons to fill any vacancy on the Board from amongpenons who meet the qualifications described in subparagraph (C).
"(CXi) Each person nominated for appointment to the Board shall be-
"(I) eminent in a field of science or engineering, including en.
vironmental sciences; and
(11) selected solely on the basis of established records of dis.
tinguished service.
"(ii) The membership of the Board shall be representative of the broad range of scientific and engineering disciplines related to ac-tivities under this title.
"(iii) No person shall be nominated for appointment to th,e Board who is an employee of-
"(I) the Department of Energy;
"(II) a national laboratory under contract with the Depart.
ment ofEnergy;ity performing high. level radioactive waste o or
"(III) an ent spent nuclear fuel activities under contract with the Depart-ment of Energy.
ATTACHMENT 2
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["(4) Ar.y vacancy an the Boant s!.aii be fiiled b and opp:ntment process described in pamgraphs (ithe nomination i
) and (3)=
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"(S) brembers of the Board shall be opposnted for terms of 4 ye each such term to commence 120 days aller the date of enactment l
the' Nuclear Waste Policy Amendments Act of 1987 except-that the il memben tint appointed to the Board, 8 sball serve for yeon and 6 shall serve for 4 years, to be designated by the President at the time of appointment.
" FUNCTIONS.
"Szc. 503. The Board shall evaluate the technical and scientifte.
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validity of activities undertaken by the Secntary after the date of i
the' enactment of the Nuclear Waste Policy Amendments Act'of 1987, including haracteri:ction activities and
"(1) site c
"(2) activities relating to the pac cging or transportation of i
high level radioactive waste or spent nuclear fhel
" INVESTIGATOR Y ROWERS "Szc. 504. (a) HEAntNos.-Upon request of the Chairman or a ma.
jority of the members of the Board, the Board may hold such hear.
ings, sit and act at such times and places, take such testimony, and receive such evidence, as the Board considers appropriate. Any member of the Board may administer oaths or affirmations to wit.
nesses appearing before the Board.
"(b) PaoDucTioN OF DOCUMENTS.&l) Upon the rttuest the Chairman or a majority of the members of the Board, and su t to existing law, the Secretary (or any contractor of the Secret shall provide the Board with such records, files, papers, data, or informa..
tion as may be necessary to respond to any inquiry of the Board under this title.-
"(2) Subject to existing law, information obtainable under para.
graph (1) shall not be limited to final work products cf the Secre.
tary, but 'shall include drafts of such products and documentation of work in progress.
" COMPENSATION OF MEMBERS "Szc. 605. (a) IN GENzaAL.-Each member of the Board shall be paid at the rate of pas payable for levelIIIof the Executive Sched.
ule for each day (including travel time) such member is engaged in the work of the Board.
"(b) TaAvrt ExprNsts.-Each member of the Board may receive travel expenses, including per diem in lieu of subsistence, in the same manner as is permitted under sections 5702 and 5703 of title 5, United States Code.
" STAFF "Sec. 506. (a) CLERICAL start 'll Subject to paragraph (2), the Chairman may appoint and fix the compensation of'such clerical staff as may be necessary to discharge the responsibilities of the Board.
"(2) Clerical staff shall be appointed subject to the provisions of title 5, United States Code. governing apposntments in the compets.
t ve service, c,d shall be paid in accordance with the provisions of chapter 51 and subchapter 2 of chapter $3 ofsuch title relating to J.
classi$ cation and General Schedule mies.
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"(b) PaortssioNAL STArr.--<1) S ct to paragmphs (1) and (SA the Chairman may a point and fx t compensation ofsuch profes.
I necessary to discharge the responsibilsties of io g as may
"(2) Not more than 10 professional staff members may be appoint.
ed under this subsection.
"(3) Professional staff memben may be a pointed without'regant to the provisions of title 5, United States governing appoint.
ments in the competitive service, and may be poic without regard to the provisions of chapter 51 and subchapter M of chapter $3 of-t such title relating to classifcation and General Schedule pay rates, e=ce*ot that no individual so appointed may receive pay in excess of the annual rate of basic pay payable for GS.18 of the Genemi 1
Schedule.
"surroar stancss "Stc. 507. (a) GestaAL Stancts.-To the extent permitted by law and requested by the Chairman,= the Administrator of General Seru.
ices shall provide the Board with necessary administrative services,-
facilities. and support on a reimbursable basis.
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"(b) Accoesnxo, RestAncH, AND TzCHNOLOGY ASSESSMENT Stancts.-The Comptroller General, the Libmrian of Congress, and the Director of the Office of Technology Assessment shall, to the extent permitted by law and subject to the availability offunds, provide the Board with such facilities, support, funds and services, including staff as may be necessary for the effective performance of.
the functions of the Board.
"(c) AcomosAt Surroar.-Upon the request of the Chairman,.
the Board may secure directly from the head of any department or agency of the United States information necessary to enable it to carry out this title.
"(d1 Msits.-The Board may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.
"(e) Exrtars Ano CossUtrANrs.-Subject to such rules as may be prescribed by the Board, the Chairman may procure temporary and intermittent services under section 3109fb) of title 5 of the United States Code but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable;for GS 18 of the General Schedule.
"asPoat
" Sic. 508. The Board shall report not less than 2 times per year to Congress and the Secretary its findings, conclusions, and recommen-dations. The first such report shall be submitted not later than 12 months after the date of the enactment of the Nuclear Waste Policy Amendments Act of1987.
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"Szc.'509. Notwithstanding subsection (dl of section 302, and sub.
L-ject to subsection (e) of such section, there art cuthcrs' sed to be e "
,,l propri_ated for expenditures from amounts in the Waste PUnd esta
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lished in subsection (c) of such section such sums as may be neces.
sary to carry out the provssions of this title.
" TERMINATION OF TRE BOARD "Szc. $10. The Board shall cease to exist not later than 1 year aper the date on which the Secrwtary begins disposal of high. level O radioactive waste or spent nuclear fhel in a reposstory.".
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PART F-MISCELLANEOUS i
SEC $061. TRANSPORTA 770N.
b Title I of the Nuclear %te Policy Act of1982 (42 U.S.C 10121--
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10171) is further amended by adding at the end the following.new subtitle.
" Subtitle H-Tmnsportation l
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l "raAssroarArson "Szc.180. (a) No spent nuclear fuel or high level radioactive,
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waste may be transported by or for the Secretary under subtitle A or' under subtitle C except in packages that have been certifed for such,
purpose by the Commission.
"(b) The Secretary shall abide by regulations of the Commission regarding advance notification of State and local governments prior to transportation of spent nuclear fuel or high. level radioactive
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waste under subtitle A or under subtitle C
"(c) The Secretary shall provide technical assistance and funds' to States for training for ?oublic safety officials of appropria local government and ndian tribes throu h whose jurisdiction the el or high level radioac.
Secretaryplans to transport spent nuclear tive waste under subtitle A or under subti e C haining shallcover procedures required for safe routine transportation of these materi-1 als, as well as procedures for dealing with emergency response situa-tions. The Waste Fund shall be the source offunds for work carried out under this subsection."
SEC $N2. TRANSPORTATION OF PLUTONIUM BY AIRCRAFT TRR UNITED STA TES AIR SPA CE.
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. (a)IN GzNERAL.--Notwithstanding any other provision oflaw, no form of plutonium'may be transported by aircraft through the air space of the United States from a foreign nation to a foreign nation unless the Nuclear Regulatory Commissson has certified to Congress that the container in which such plutonium is transported is safe, as determined in accordance with subsection (b), the second undessg.
noted paragraph under section 201 of Public Iaw 94-79 (89 Stat.
413: 42 U.S.C 58/1 note), and all other applicable laws.
(b) ResroNs!Blurits or ruz NucLzAn RecutAroar Costuss-stox.-
.