ML20149M522
| ML20149M522 | |
| Person / Time | |
|---|---|
| Issue date: | 01/27/1988 |
| From: | Zech L NRC COMMISSION (OCM) |
| To: | Breaux J SENATE, ENVIRONMENT & PUBLIC WORKS |
| References | |
| NUDOCS 8802260094 | |
| Download: ML20149M522 (6) | |
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UNITED STATES E
NUCLEAR REGULATORY COMMISSION o
E WASHINGTON, D C. 20555 y;
gh January 27, 1988 CH AIRMAl, The Honorable John B. Breaux, Chairman Subcommittee on Nuclear Regulation Committee on Environment and Public Works United States Senate Washington, D.C.
20510
Dear Mr. Chairman:
In a letter dated December 8, 1987, the Nuclear Regulatory Commission provided to you its comments on Title I of the proposed "Nuclear Regulation Reorganization and Reform Act of 1987".
In this letter, we set forth our views on the other Titles of the proposed legislation.
Title II contains the sums authorized to be appropriated for Fiscal Year 1989.
The numbers should be revised to conform to those that will be contained in the President's Budget which is scheduled to be submitted to Congress in February.
We will provide you with the appropriate numbers after the President submits his budget proposal.
Title III contains miscellaneous proposals.
Section 304 provides that if 00E receives greater than Class C radioactive waste from those who are licensed by the NRC, it can be disposed of or stored only in NRC licensed facilities.
Under current law, 00E storage of such material would not be licensed by the NRC.
While we have no objection to licensing the storage of greater than Class C radioactive waste, we have several suggested changes which we urge be adopted.
First the proposed legislation needs to be revised to make clear that the licensing requirement applies only to i
commercial waste received by 00E for storage and does not extend to waste generated by 00E.
Second, as currently drafted, the i
section could be read to give Agreement States the authority to regulate DOE storage or disposal.
Agreement States currently do not have authority to regulate the Federal Government as a matter of constitutional law and should not be given such authority.
Finally, the licensing provisions relateo to the greater than Class C radioactive waste require modification.
Under the proposal, 00E could not accept greater than Class C waste for storage until it has applied for and received a license from the NRC.
This process is likely to take several years.
The NRC believes that delay in the receipt of such waste by 00E is more likely to present a potential hazard to the public health and safety than storage of these wastes by 00E in an unlicensed facility.
Thus, we believe the preferred approach would be for Congress to specify a date by which 00E is to apply for an NRC
- license, in the period before a license is issued. 00E would be authorized to store the material on an interim basis, r
F802260094 000127 PDR COMMS NRCC l
CORRESPONDENCE PDR I
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2-We have also included minor changes to section 305 relating to NRC reports to Congress on Implementation of the Nuclear Waste Policy Act.
We suggest that the report be an annual, rather than a quarterly report.
We note in this regard that DOE submits annual reports to Congress on its high-level waste program.
We also request that a section 306 be added to the bill which would modify the requirement that the Advisory Committee on Resctor Safeguards provide an annual report to Congress on the results of its study of the NRC Reactor Safety Research program and budget.
The Commission submitted this legislative proposal to Congress on December 2, 1987.
Finally, we ask that a section 307 be added which would preclude the Commission from expending its appropriated funds to reimburse the Federal Emergency Management Agency for that agency's review and evaluation of offsite radiological emergency plans and exercises, unless the NRC consents to such reimbursement.
The Conference Committee Report on the recently enacted H.J. Res 395 authorizes FEMA to seek reimbursement from the NRC whenever FEMA's appropria-tions are inadequate to carry out its offsite radiological emergency plans and exercises.
Our budgets have been developed without any contemplation that NRC funds would be given to FEMA.
As you are aware, our budget was significantly cut for FY 1988 to the point where we believe it will seriously damage our ability to fulfill our statutory responsibilities.
To sustein this cut, we are in the process of making significant reductions to our programs.
Under the circumstances, FEMA should not be able to receive reimbursement without our prior consent.
We have appended for your consideration language that incorporates these suggestions.
We appreciate your consideration of our views.
Sincerely.
l M k/.
Lando W. Ze
.J
Enclosure:
Proposed Language l
cc:
The Honorable Alan K.
Simpson
?b Storage and Disposal of Greater-than-Class-C Low-level Waste Section 304.
Low-level radioactive waste with concentrations of radionuclides that exceed the limits established by the Agency for Class C radioactive waste, as defined by section 61.55 of title 10 Code of Federal Regulations, as in effect on January 26, 1983, that is owned or generated by-persons-lisensed-en-atherwise-regulated-by under license or regulation of the Agency (or an Agreement State) shall not be stored or disposed of except in'a facility that is licensed by the Agency (oranAgreementState). Any storage or disposal facility for such waste that is operated by the Federal government shall be licensed only by the Agency.
The Department of Energy shall submit to the Agency an application for storage or disposal of such waste no later than [DATE TO BE SET]. Before Agency licensing, the Department shall accept greater than Class C wastes for storage at Department facilities as necessary, and shall report to the Agency annually on the nature and stnrage conditions of the wastes received.
1 I
QuarterlyAnnual Report on Implementation of the Nuclear Waste Policy Act Section 305.
The Administrator shall submit to the Comittee on Energy and Comerce and the Comittee on Interior and Insular Affairs of the House of Representatives and the Comittee on Environment and Public Works of the Senate each quarteryear a report on the status of the Agency's implementation of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 etseq.). Such report shall include a detailed sumary of --
(a) the activities of the Agency during such g ;
(b) the funds expended during such year; (c) all interactions with the Department of Energy with regard to implementation of the Act, including Agency comunications, recommendations, and other activities regarding the development of a repository pursuant to Title I of such Act; and (d) the major technical issues that relate to the licensability of i
each candidate site under consideration for development as a repository and any activities undertaken by the Agency during l
such quarter with respect to such issues.
l The first such report shall be submitted to the Conoress no later than l
December 3, 1988.
I i
4
Advisory Committee on Reactor Safeguards Reporting Requirement Section 306.
Section 29 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 7.039) is amended by replacing the final two sentences of that section with the following sentence:
In addition to its other duties under this section, the Comittee, making use of all available and relevant sources, shall undertake a study of reactor safety research and from time to time, as it deems warranted or as specifically requested by the Congress, prepare and submit to the Congress a report containing the significant results of any such study.
Reimbursement of Federal Emergency Management Agency Section 307.
None of the funds authorized to be appropriated under this Act may be used to reimburse the Federal Emergency Management Agency for that agency's review and evaluation of offsite radiological emergency plans and exercises unless the Commission consents to such payment.
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