ML20154N247

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Informs That on 800603,House Subcommittee on Energy Research & Production of Committee on Science & Technology Held mark-up Hearing on HR 7418,Nuclear Waste Research, Development & Demonstration Act of 1980
ML20154N247
Person / Time
Issue date: 06/05/1980
From: Kammerer C
NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA)
To: Ahearne J, Bradford P, Gilinsky V, Hendrie J, Kennedy R
NRC COMMISSION (OCM)
Shared Package
ML20154N253 List:
References
TASK-TF, TASK-URFO NUDOCS 9810210221
Download: ML20154N247 (5)


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,i UNITED STATES 8

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  • June 5,1980

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f. :1 MEMORANDUM FOR:

Chairman Ahearne

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Commissioner Gilinsky

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i Commissioner Kennedy Commissioner Hendrie Comissioner Bradford FROM:

Carlton Kamme r Dire or Office of Co gre on/1 fairs 6-

SUBJECT:

MARK-UP ' HEARING ON H.R. 7418 - REPRESENTATIVE McCORMACK's V

WASTE MANAGEMENT BILL On June 3, 1980 the House Subcommittee on Energy Research and Production of the Committee on Science and Technology held a mark-up hearing on H.R. 7418 - the Nuclear Waste Research, Development and Demonstration Act of 1980.

The hearing was chaired by Conaressman McCormack (D-WA);

others in attendance were Congressmen White {D-TX); Lundine (D-NY);

Wydler (R-NY); Roth (R-WI); and Forsythe (R-NJ).

Chairman McCormack introduced two technical amendments designed to bring the bill into conformity with authorizing legislation (Enclosure 1).

Congressman Wydler i.itroduced three amendments: 1) reference to West Valley is struck out of the bill; 2) no demonstration facility can be used for commercial activities without further legislative action; and 3) the act does not authorize the construction or operation of-commercial waste management facilities (see Enclosure 2).

All five qv amendments were adopted on a voice vote.

Although the six members I

present constituted a quorum to adopt the amendments, the bill could not be reported out to the full committee due to a lack of the required nine member quorum.

During discussion of the amendments Congressman Wydler stated he is seriously considering the introduction at a later date of amendments on low level waste.

Although West Valley was being struck-out of this bill, Congressman Wydler indicated that the waste at West Valley would be the subject of other legislation; Congressman Lundine supported this approach.

With regard to the concern over DOE /NRC coordination mentioned on NRC testimony presented on May 29, Chairman McCormack stated that the i

DOE FY'81 authorization bill (H.R. 6627) clearly specifies that DOE is to consult with NRC on waste repositories.

He also indicated that the report language on H.R. 7418 would also highlight the desired coordination between 00E and NRC in this area.

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At a full committee mark-up on June 4 Congressman McCormack motioned l

to have H.R. 7418 as amended in subcommittee brought to the full com-l mittee; the motion was adopted on a voice vote.

Congressman McCormack also introduced an amendment to H.R. 7418 that would not require an EIA prior.to sinking of a shaft for a demonstration waste repository. This amendment was adopted on a voice vote.. On a motion by Congressman s

.Wydler, his amendments offered in the subcommittee were adopted by voice vote (see Enclosure 2).

In addition he introduced a new amendment to provide a demonstration project for dry storage of spent fuel.

This amendment would basically provide approximately.$4M in authorization and utilize about five reactors' worth of spent fuel in the process.' The

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amendment was adopted by voice vote.

On a roll call vote, Congressman Wydler's motion to report H.R. 7418 out of full committee was adopted

_ A-30; N-2).

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l is the NMSS response to the request for comments on the basic H.R. 7418.

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Enclosures:

As stated i-cc:- EDO l

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TECHNICAL AMENDMENT TO H.R. 7418 0FFERED BY MR. McCORMACK Page 6, after line 15 insert the following paragraph (6)

There is authorized to be appropriated to the

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Secretary to carry out this Section (1) for the fiscal year ending September 30, 1981, the sum 1

of $96,400,000 reduced by such sums as may be authorized for the same purposes in any Department of Energy fiscal year 1981 annual authorization Act, and (2) for subsequent fiscal years such sums as may be authorized by legislation hereafter enacted.

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Page 7, strike lines 16 through 22 and insert in lieu thereof the following new paragraph.

'(4)

There is authorized to be appropriated to the Secretary to carry out this Section (1) 'for the fiscal year ending September 30, 1981, the sum of $2,000,000,

' reduced by such sums as may be. authorized for the same purposes in any Department of Energy fiscal year 1981 annual authorization Act, and (2) for subsequent fiscal i

years such sums as may be authorized by legislation

- hereafter enacted.

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AMENDMENT BY MR, WYDLER

'On page 3, line 19, strike "." and insert in lieu thereof

", but in no event shall be used for cournercial activities without further legislative action,"

On page 6, strike lines four' and five, h

On page 7, after line 2, insert the following new section:

" Construction of Language Sec.

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Nothing in this Act shall be construed to authorize the construction-

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fsV or operation of comercial waste management f'acilities',"

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'.SPECI'FIC STAFF SUGGESTIONS TO H.R. 7418

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1.

Change Section 2(a)(2) to' read as follows:

"Present scientific and tee' 'ical knowledge is adequate to identify potential i

repository sites for further investigation.

He scientific or technical j

reason is known that would-prevent identifying a site that is suitable for a repository provided that the systems view is utilized rigorously to evaluate the suitability,of sites.and designs.andain minimizing the influences of ~

i future human hetivities.";

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Change Section: 2(3)-:pz 3 Mnedai and"6 -to read as follows:

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"... necessary for the Department to build and operate full-scale high-level. radioactive waste repositories pursuant to section 202(3) and (4) of the

\\;Q-Energy Reorganization Act of 1974,; and"

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3.. Change Section 3(1) p'. 3 (delete lines 20-24) to read as follows:

.. 1 United States.

After site shr'eeling and ' prior to site characterization.

the Secretary shall select 4-s.ites for site. characterization, deemed suitable E

for fur.ther. development:.into demonstra' tion repositories after having submitted a

. pre-licensing Site Characterization' Report ifor 'ea'ch pros'pective technology-demonstration repository to the Director of the Office of Nuclear Material Safety and Safeguards.(hereafter referred to as the " Director") of the Nuclear r

Regulatory Commission (he're'after refe'r~ red to as~ the ~" Commission"). This site characterization' report ~ shall 'i~n'clude ll) a" desc' rip' tion of the site (s) to be l

characterized; (2) a description of the site characterization program including extent of planned: excavations, plans for~in-situ testing of radioactive and non-radioactive mateHal, investigation activities which may affect the ability of 1

! (d the site to isolate wastes, and provisions. to control any adverse, safety-i related impacts from site characteriza~ tion incTuding appropriate quality assurance programs; (3) the criteria ~used to~ arrive at candidate areas; (4) the method by which the site (s) was selected for site characterization; (5) l identification and location of alternative media and sites c which DDE antici-pates submitting silbsequent site-tharacterization reports; (6) a description of the decision process by which the site (s) was selected for characterization, including the means used to obtain public and State reviews during selection; and

-(7) any issues related to the site selection, alternative candidate areas or l

sites, or design of the geologic repository operation area which the Secretary j

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wishes the Commission staff to review.

Th.is site characterization review by 1

the Commission will help insure that the technology-demonstration repositories could be licensed if one or^more were deemed suitable for future full-scale 1

licensed repositories.

For purposes of minimizing delays in the..."

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Change Section 1(1) p. 4 (delete lines 6-12) to read as follows:

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... involved si.all be isolated from the biosphere using a multibarrier approac;h to waste containment that will consist of both the geological medium

- and engineered barriers.

The Secretary shall develop a program to provide:

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