ML20092B864

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Information Report on State Legislation
ML20092B864
Person / Time
Issue date: 05/24/1984
From: Kerr G
NRC OFFICE OF STATE PROGRAMS (OSP)
To:
References
NUREG-BR-0025, NUREG-BR-0025-V10-N3, NUREG-BR-25, NUREG-BR-25-V10-N3, NUDOCS 8406200398
Download: ML20092B864 (11)


Text

NUREG/BR-0025 INFORMATION REPORT ON SA Rf Cg

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OFFICE OF STATE PROGRAMS U. S. NUCLEAR REGULATORY COMMISSION Vol. 10, No. 3 May 24 I'364 In response to a growing number of inquiries from State officials regarding alternative low-level radioactive waste disposal technologies and the U.S.

Nuclear P,egulatory Commission (NRC) views on these technologies, the NRC convened a 2-day workshop at the Linden Hill Hotel in Bethesda, Maryland, on May 2-3, 1984 Over 140 persons representing States, Compacts, industry, Federal government, and public interest groups met to explore the pros and cons of shallow land burial and alternative disposal concepts for low-level radioactive waste.

During the morning of the first day of the workshop, participants listened to a number of speakers. NRC Waste Management officials, Robert MacDougall and Leo Higginbotham, described the NRC's regulations and authority to issue licenses for the land disposal of low-level radioactive waste under 10 CFR Part 61. James Shaffner from NRC reviewed the work on alternatives that NRC has undertaken through an interagency agreement with the U.S. Army Corps of g*

Engineers (above-and below-ground vaults, earth mounded concrete bunkers, augered holes, and mined cavities). The research and practices of the U.S.

Department of Energy (00E) were highlighted by Elizabeth Jordan, Office of Terminal Waste Disposal and Remedial Action (00E) and Lance Mezga, Oak Ridge National Laboratory. A sample of the analyses that the States have made to date in exploring shallow land burial and a number of other land disposal options were summarized by Robert Avant, Texas; William Dornsife, Pennsylvania; Jay Dunkleberger, New York; and Robert Eisengrein, for Maine, Vermont and New Hampshire (with the collaboration of Thomas Carter, Ontario Hydro, Canada). Luncheon speaker, Calvin Brantley, former Vice President, New England Nuclear Corporation, and Member, Massachusetts Special Legislative Commission on Low-level Radioactive Waste, presented some insightful remarks on how to involve the public in the technology selection process.

For the remainder of the day and part of the next, all the State participants and observers were divided into four workshops which labored toward a systematic approach to the evaluation of shallow land burial and alternative disposal technologies. The next morning, while the chairmen of the workshops were summarizing the workshop data for their final reports, Richard Cunningham, Director, Fuel Cycle and Material Safety, NRC, discussed NRC license requirements for storage of waste during the interim period, post-1986, and addressed the difference between storage and final disposal.

The chairmen then presented their workshop findings which covered the areas of: public and worker health and safety; public acceptance of shallow land burial; information deficiencies and data gaps; cost / risk / benefit analysis

{OJ needs; and regulatory guidance, g 6 g 8 840524 BR-0025 R pop

l The worskhop proceedings, " State Workshop on Shallow Land Burial and Alternative Disposal Concepts," NUREG/CP-0055, are anticipated to be available before July 1984 The document can be ordered through the NRC/GP0 Sales Program, U.S. Nuclear Regulatory Commission, Washington, DC 20555 or the National Technical Information Service, Springfield, VA 22161.

It will also be available in the NRC Public Document Room,1717 H Street, NW, Washington, DC 20555.

[

G. Wayne Kerr, Dir tor Office of State rograms Prepared by:

James McQuade, OSP (301)492-9880 l

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Arizona, S-1290 Georgia, HR-443 f.

Massachusetts,- H-2127 Id.aho, SJM-108 Massachusetts, H-2964 Illinois, H-1792 Massachusetts, H-3349 Illinois,H-2355 l

Massachusetts, H-3649 Massachusetts, H-1037 Massachusetts, H-4924 Missouri, H-1353 New Jersey, A-827 New Jersey, SR-11 New Jersey, A-1040 New Jersey, S-830 New Jersey, A-860 Power Plant Siting & Construction West Virginia, H-1705 Arizona, S-1309 High-Level Waste New York, A-8719, S-7819 Kentucky, H-308*

Low-Level Waste Compacts Minnesota, H-1292 Virginia, SJR-33

. Georgia, H-1267 Washington, H-1637 Vermont, S-232 Washington, S-4558 Uranium Mining Management of Radioactive Waste Disposal

. Nebraska,'L-742 Nebraska, L-1082 -

Maryland, H-585 Utah, S-112 New Jersey, SJR-3 New Jersey, SCR-6 w/

Transportation Vermont, S-202 West Virginia, S-594

_ Illinois,'S-1382 Kansas, S-698 Decommissioning Kentucky, H-300 Kentucky, H-308*

Massachusetts, H-2880 Ohio, S-326 Massachusetts, H-3293 Ohio, H-565 New York, A-8606 South Carolina, H-3568 General Energy Offices l

California, H-5724 Massachusetts, H-501 California, AJR-11 California, S-1822 Public Utilities Commission Mississippi, H-332 New York, A-9180, 5-7790 California, A-3392 Pennsylvania, SR-93, HR-168 Connecticut, H-5124 Washington, H-1153 Connecticut, H-5125 Connecticut, H-5126 Connecticut, H-5607 Massachusetts, S-493 Massachusetts, H-3295 New Jersey, A-959 (mi

  • Bill. appears in more than one category Enacted legislation Utah Tax Imposed for Mining Minerals, S-112 Provides for a tax to be paid by persons mining minerals, including uranium.

(Enacted 2/17/84)

Washington License Applications, H-1153. Makes new rules for applications involving licenses for certain nuclear materials. Details filing information, and notification procedures.

(Enacted 3/4/84)

Nuclear Waste Board /High Level Waste Dis)osal, H-1637. Designates the Nuclear Waste Board as the sole responsi)le body for any matter related to high level waste disposal. The Director of the Department of Ecology will serve on the Board. The Board will serve as the U.S. DOE's contact on this issue and will monitor Federal activity progress.

(Enacted 3/8/84)

Introduced Legislation Arizona Emergency Management Fund, S-1290. Appropriates $286,676 to the nuclear i

Emergency Management Fund for offsite emergency response plans.

(Introduced 2/2/84) 1 i

Siting of Transmission Lines and Power Plant Certification, S-1309.

Revises Arizona statutes to establish requirements for the siting of power plants and transmission lines.

(Introduced 2/2/84)

California Revenue Incentive, H-5724. A Raised Committee Bill which establishes a revenue incentive for electric companies owning nuclear power plants.

I (Introduced 2/8/84)

Fee Collections, S-1822. Strikes a previous prohibition which prevented local agencies participating in a radiation control agreement with licensees to collect fees directly. Also provides such funds collected locally will be distributed pursuant to terms of the agreement entered into with the Department of Health Services.

(Introduced 2/14/84)

Allocation of Costs and Benefits, A-3392.

Requires the Public Utilities Conunission to fairly allocate between electrical corporations' shareholders and ratepayers, the costs and benefits of operating a nuclear facility.

The Commission is required to allocate to the shareholders costs resulting from negligent or imprudent management conduct during the construction and operation of the nuclear facility.

(Introduced 2/16/84)

Prohibition of South African Cooperation, AJR-111. Would register the State's support of Federal legislation which would prohibit cooperation of any kind regarding nuclear technology between the United States and the Republic of South Africa.

(Introduced 2/16/84) i 4

_ _ - - -. - q Connecticut Revenue Incentive, H-5124 A Raised Comittee Bill which eatablishes a revenue incentive for electric companies owning nuclear power plants.

(Introduced 2/8/84)

Construction of Millstone 3, H-5125. A Raised Committee Bill which allows the Department of Public Utility Control to permit an electric company to charge ratepayers for the cost of constructing the Millstone 3 or Seabrook 1 power plant while the plants are under construction only if the company is facing insolvency.

(Introduced 2/8/84)

Construction Work in Progress (CWIP), H-5126. A Raised Committee Bill I

which prohibits the Department of Public Utility Control from allowing negligent companies to charge ratepayers for CWIP for certain nuclear plants.

(Introduced 2/8/84)

Seabrook 1 and 2, H-5607.

Prohibits construction work in progress (CWIP) charges for Seabrook 1 af ter January 1,1985 if Seabrook 2 is still under construction at that time.

(Introduced 2/28/84)

Georgia Medical Radiation Health and Safety Study Comittee, HR-443. Creates the Comittee to study and make recomendations regarding the need for the ^

State to license, register, or regulate persons administering ionizing radiation for medical purposes.

(Introduced 1/9/84)

Southeast Interstate Low-Level Radioactive Waste Management Compact, H-1267 Would enact the Compact into law and enter the State as a party.

Eligible States.to Compact are: AL, FL, GA, MS, NC, SC, TN, and VA.

(Introduced 1/24/84)

Idaho Exposure Levels, SJM-108. Urges the U.S. DOE, EPA and all other interested agencies to determine if current radiation exposure limits should be lowered to protect workers' health in preventing serious health problems.

i (Introduced 2/27/84)

Illinois

_ Nuclear Materials Railroad Transportation Act of 1984, S-1382.

Prohibits the transport by rail of any nuclear material (excluding medical devices) unless a permit is obtained from the Illinois Comerce Comission.

Describes requirements of the shipper or carrier to be present for issuance of permits.

Removal of Contaminated Materials, H-1792. Appropriates two million for the Department of Nuclear Safety for removal and disposal of contaminated materials from a structure in Ottawa, IL.

(Introduced 4/15/83; carried over to 1984)

V Illinois, cont'd.

Radiation Protection Act Amendment, H-2355. Delays until 1985 the accreditation requirement for persons administering radiation to humans i

under supervision of certain medical licensees. Voids certain licensing rules of the Department of Nuclear Safety.

(Introduced 2/8/84)

Kansas Trans portation of Radioactive Materials, S-698. Requires the Secretary of Healta and Environment to adopt regulations governing transport of radioactive materials.

Rules will include packing, marking, loading and handling procedures and criteria for route approval.

(Introduced 2/8/84)

Kentucky Advance Notification of Trans 3ortation Shipments, H-300. Requires the Governor or his designee, witlin 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of prenotification of a shipment, to notify the State police and the sheriff of the Counties through which material will be transported.

(Introduced 1/6/84)

Transportation of Spent Fuel, H-308. Prohibits transportation of spent fuel within, into or through the State for temporary storage in or outside of the State.

(Introduced 1/9/84)

I Maryland O

Siting of Waste Sites Near Reservoir, H-585. Would prohibit issuance of a permit to a facility that disposes of certain hazardous substances and low-level nuclear waste if the facility plans to be located in a watershed for an on-stream public water supply reservoir.

(Introduced 1/27/84)

Massachusetts Construction Work in Progress, S-493. Requires the Department of Public Utilities to disapprove any costs relating to construction work in progress for financing any property which has never been fully operational and used for service. Appoints a special commission to the need for construction of, and proposed method of financing for, new energy generating facilities.

(Introduced 1/4/84)

Act to Establish Energy Facilities Siting Council, H-501. Establishes an Energy Facilities Siting Council as an independent agency. The Agency would be a lead agency for licensing major energy facilities and would prepare long-range forecasts with respect to the total power needs of the State.

(Introduced 1/4/84)

Monitoring of Nuclear Activities, H-1037.

Establishes a monitoring and surveillance program for all nuclear reactors to judge the movement, dispersal and reconcentration of any radioactive materials which may be released.

Includes provisions for periodic surveys and inspections.

(Introduced 1/4/84)

Emergency Response Plans, H-2127. Levies charges against operators of nuclear power plants to support the development and operation of preparedness plans.

(Introduced 1/4/84)

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ M]

Massachusetts, cont'd.

Decommissioning, H-2880 Regulates utility financing of nuclear power plant decomissioning funds. Requires that funds be placed in a separated trust fund until they are needed. Describes contents of decommissioning financing plans to be submitted to the State.

(Introduced 1/27/84)

Emergency Planninc, H-2964 Creates Nuclear Power Plant Emergency Planning Comission to stucy all aspects of power plant accident prevention, response and recovery. The Commission will maintain Licensee Event Reports (LERs) from the NRC licensees on emergency response and monitor radioactive material in the vicinity of power plants. Requir,es an annual report and consultation with civil defense agencies.

(Introduced 1/11/84) l Regulation of Utility Financing of Nuclear Power Plant Decomissioning l

Funds, H-3293. Requires that sufficient funds be collected from utilities i

operating nuclear power plants and deposited in a " decommissioning trust l

fund" administered by the State Treasurer to assure that decommissioning costs for reactors are met.

(Introduced 1/4/84)

Nonallowability of Charging Utility Customers for Certain Costs, H-3295.

Would prohibit utility companies from charging customers to recover costs l

incurred in the planning and development for construction of nuclear power I

plants cancelled prior to the receipt of local, State and Federal permits necessary for construction.

(Introduced 1/4/84)

I Emergency Planning Commission, H-3349. Creates the Nuclear Power Plant Emergency Planning Comission, with the power to obtain information from operators of power plants or any State agencies to study and review all aspects of emergency response plans. Requires an annual report to the Governor and Legislature each year of findings and recommendation regarding all aspects of emergency response.

(Introduced 1/4/84)

Liability for Nuclear Accidents, H-3649. Prohibits land use for nuclear power plants unless liability limits imposed by the Federal government are removed and full compensation is assured in the event of personal injury, property damage or economic losses resulting from a nuclear accident.

(Introduced 1/4/84)

Emergency Response Plans, F-4924. Requires that no radiological emergency response plan for the towns of Amesberry, Merrimac, Newbury, Salisbury, West Newbury and Newburyport be submitted to FEMA or NRC unless a majority of these towns vote their approval of it.

(Introduced 1/4/84)

Minnesota High-level Waste Disposal, H-1292. Places restrictions on exploration for a temporary or permanent repository for high-level waste in the State.

Regulates transportation of such waste and provides penalties.

(Introduced 5/9/83)

O y

. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Mississippi Nuclear Research Center, H-332. Creates the Center to conduct basic and applied research into problems of nuclear energy and nuclear waste disposal and its impact on the Mississippi River and waterways.

(Introduced 1/27/84)

Missouri Radiation Protection Act, H-1353. Allows for the development of interagency agreement between the Division of Health to the Department of Social Services and the Department of Natural Resources to administer a Statewide Radiation Protection Program. Describes policy development, data management, and regulatory procedures.

(Introduced 1/10/84)

Nebraska Uranium Mining, L-742.

Prohibits any method other than solution mining to be used for uranium mining after the effective date of this Act. Defines solution mining as the "use of an injection well and fluids to promote the extraction of mineral resources."

(Introduced 1/6/84)

Uranium Tax, L-1082. Relates to severance taxes on uranium, their administration and collection.

(Introduced 1/18/84)

New Jersey Amendment of Radiation Accident Response Act, A-827.

Provides that assessment of the costs of development, testing and updating of the Emergency Radiation Response Plans will be assessed against the operators of nuclear electrical generating facilities located in New Jersey rather than the electric utility owning or operating a nuclear facility.

(Introduced 1/10/84)

Waste Removal, SJR-3. Requests the U.S. Department of Energy, Environmental Protection Agency, and Nuclear Regulatory Commission to take appropriate measures to remove all radioactive waste from the State.

(Introduced 1/10/84)

Waste Removal at W. R. Grace, Co., SCR-6. Requests the U.S. 00E, the Center for Disease Control and the NRC to take action to affect the permanent removal of thorium waste from the W. R. Grace Company site in Wayne, New Jersey.

(Introduced 1/10/84)

Responsibility of Federal Government for Radiation Control, SR-ll.

Memoralizes the Congress to recognize its responsibilities with respect to nuclear power generation and to enact legislation to compensate citizens and regions threatened with economic hardship resulting from nuclear accidents such as Three Mile Island.

(Introduced 1/10/84)

A)propriations for Clean-up, S-830. Appropriates one nillion dollars for tie cleanup or removal of radon gas recently discovered in 27 homes in Montclair and Glen Ridge in Essex County.

(Introduced 1/23/84)

. - _ =. _ - _

I O

Certification of Acceptable levels of Radon Gas, A-860. Requires that N/

certification.of acceptable levels of radon gas in residential properties by the Department of Environmental Protection will not bar or compromise claims for compensation for damages or cleanup.by owner.

(Introduced 1/30/84)

Public Utility Costs, A-959. Requires public utilities to bear the full cost of constructing their generating plants, the cost of abandoning the construction or operation of the plants, and the full cost of cleaning radioactive waste from any nuclear plant. The customers would not be charged for any of these expenses through an increase in rates.

(Introduced 1/30/84)

Nuclear Emergency Fund, A-1040. Establishes a fund to provide financial assistance to cover costs of lodging, food and other expenses associated with an evacuation or a nuclear accident. The fund would also reimburse residents for any property damage suffered as a result of such an accident.

(Introduced 1/30/84)

New York Decommissioning Funds, A-8606. Amends the public authorities law and the public service law in relation to the establishment of sinking funds for 1

decontamination and decorinissioning nuclear power plants.

(Introduced i

1/24/84)

O V

Nine Mile II Power Plant, A-8719, S-7819. Would order a halt to construction of the Nine Mile II Power Plant because of escalated costs.

(Introduced 2/1/84)

Fees Paid by Licensees, A-9180, S-7790. Changes the statute to reflect the amount of fees to be paid by licensees of the U.S. NRC. Annual fees will not exceed $600,000/ year, up from $250,000/ year.

(Introduced 2/16/84)

Ohio Transportation of Nuclear Material, S-326. Requires shippers to apply to the Director of Disaster Services Agency at least two weeks in advance for approval to transport large quantities of special nuclear material or by-product material through the State. Specifies application information.

Allows the Director to inspect any shipment for compliance with requirements.

(Introduced 1/25/84)

Procedures for Transportinc Nuclear Material, H-565. Amends certain sections of the Revised Coce to require persons who intend to transport large quantities of special nuclear material or by-product material into or through the State to obtain approval from the Director of Disaster Services Agency, and to establish requirements that those persons must meet in order to obtain approval. Application filed must include, among other things, proposed routes, means of conveyance and proposed recovery plan in the event of an accident.

(Introduced 10/25/84)

O Pennsylvania Three Mile Island, SR-93, HR-168. Requests the NRC to delay decisions on the restart of TMI-l until all criminal, civil, and administrative issues are resolved in full adjudicatory hearings.

(Introduced 12/14/83)

South Carolina Procedures for Trans]orting Radioactive Materials, H-3568.

Establishes certain procedures tnat must be complied with by transporters of radioactive material, such as filing application for transport, packaging and vehicle requirements.

(Introduced 2/23/84)

Vermont Radioactive Waste Fees, S-202.

Charge generators of low-level radioactive waste a service fee of 51000 per cubic foot to offset the State's costs in providing for the disposal of those wastes.

(Introduced 1/4/84)

Northern New England Low-Level Radioactive Waste Compact, S-232.

Establishes a Northern New England Low-Level Radioactive Waste Compact to facilitate the effective and efficient handlin of low-level radioactive wastes for the States of Maine, New Hampshire and Vermont.

(Introduced 1/4/84)

Washington O

High-Level Waste Repository, S-4558. Would allow the Legislature to convene to consider the decision of the Federal government to select a site for a high-level waste storage repository in the State.

(Introduced 1/16/84)

West Virginia Nuclear Power Plant Moratorium, S-594. Bans construction of any nuclear power plants until a method exists to permanently dispose of radioactive waste.

(Introduced 2/14/84)

Rec ulation of Radiologic Technologists, H-1705. Would authorize the Raciologic Technology Board of Examiners to promulgate legislative rules relating to radiologic technologists.

(Introduced 2/9/84)

Adopted Resolutions Virginia High-Level Waste, SJR-33. Requests that the Executive Director of the Solid Waste Commission serve as the legislative liaison with the U.S.

Department of Energy on matters of the siting of high-level waste depositories.

(Adopted 2/24/84)

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