ML20154N846
| ML20154N846 | |
| Person / Time | |
|---|---|
| Issue date: | 02/04/1980 |
| From: | Trubatch S NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Droggitis S NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA) |
| References | |
| TASK-TF, TASK-URFO NUDOCS 9810220110 | |
| Download: ML20154N846 (39) | |
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UNITED STATES q
CLEAR REGULATORY COMMISSION
<4 WASHINITON, D. C. 20555 I
g February 4, 1980
-MEMORANDUM FOR:
Spiros Droggitis, OCA
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3 y FROM:
Sheldon L.
Trubatch, OGC OIN t
SUBJECT:
S.
742
-1 '
s Enclosed is a quick and dirty review of S. 742, a bill to effect certain reorg.anization of the Federal Government to strengthen, Federal programs and policies regarding nuclear waste management.
S.
742 would establish three organizations to address different g $-
aspects of nuclear waste management activities.
These are:
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(1) a Nuclear Waste Management Planning Council to provide for State, local, and public participation in the formulation of Federal waste management policy; (2) a Nuclear Waste Coordinating Committee to:
(a) improve coordination of Federal agency activities in nuclear waste management; (b) prepare an annual Nuclear Waste Management Plan containing the views of all responsible Federal agencies and the Nuclear Waste Management Planning Council; and f~
(c) prepare. Repository Development Reports and.
(_)g Repository Loading Reports for proposed nuclear waste disposal facilities; and (3) facility specific Nuclear Waste Repository Review Panels which would provide States and localities oppor-tunities to review plans for specific Federal nuclear waste disposal facilities.
The' Nuclear Waste Management Planning Council would be equivalent to the State Planning Council proposed by the President except that no Fe'deral agencies would be represented on it.
One avenue 9810220110 900204 PDR ORG NRCG
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of State-Federal exchange would be provided by Council representa-k tion on the Nuclear Waste Coordinating Committee.
This Committee j
would be responsible for the coordination of Federal waste activity Q
and for the preparation of an annual Nuclear Waste Management Plan.
s Council review of that Plan would provide a second avenue of
[j Federal / State interaction.
The Committee would also prepare s
facility specific Repository Development Reports.
A third avenue h
of Federal-State exchange would be provided by a State's estab-g lishment of a facility specific Nuclear Waste Repository Review
.i Panel.
This Panel would provide the formal mechanism for any 1
State objection to a Repository Development Report.
If the Committee and a Panel cannot resolve State objections, Congress must approve the Report by concurrent resolution before repository construction could begin.
However, Congressional approval would 7
not bind the NRC to any particular licensing decision.
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S.
742 differs in several significant respects from the recommen-E dations by the Interagency Review Group on Nuclear Waste Management
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(IRG) and previous NRC comments.
Some responsibility for Federal E
waste management activities would be transferred from DOE to a g
Nuclear Waste Coordinating Committee.
The Nuclear Waste Manage-
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ment Council would have no Federal agency representation; and the
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development of joint Federal-State planning activities would
,y proceed from Council representation on the Committee and Council i
review of annual Plans prepared by the Committee.
State review I
of a specific proposed facility would be provided by a separate
[
Review Panel instead of by State participation in DOE and NRC i
activities.
Formal State objections to a repository would be i
presented before initiation of the NRC licensing procedures instead of at the end of the construction authorization proceeding as recom-mended by the NRC.
Detailed Summary y
O Title II would establish a Nuclear Waste Management Planning
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Council as an independent executive branch agency.
Members of t'l the Council would be appointed by the President from among elected officials of State or local governments or Indian tribes; and. its Chairman would be a Governor appointed by the President.
The Council's functions would be advisory and would include:
appoint-
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ment of a representative'to the Nuclear' Waste Coordinating Committee; advice to the President on the Annual Nuclear Waste Management Plan prepared by the Committee; advice to Federal agencies concerned with nuclear waste management on siting and development'of facilities for the storage and disposal of nuclear waste and spent nuclear fuel; and comments on proposed Federal regulations, standards, and criteria pertaining to the management
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of nuclear waste and spent nuclear fuel.
To carry out its responsibilities, the Council would be authorized to obtain the
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services of technical experts and other qualified professionals, E
i, utilize-facilities and personnel of Federal, State, or local 11 public. agencies; and contract for services it deems necessary.
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i The Nuclear Waste Management Planning Council differs in several e
respects from the State Planning Council on Radioactive Waste b
s Management proposed by the President.
The State Planning Council
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would be an advisory committee, not an independent agency.
Membership of the State Planning Council would include represen-tatives from executive branch agencies concerned with nuclear i
J waste management.
The State Planning Council would advise the President directly instead of the relevant Federal agencies.
j Technical and other support for the State Planning Council would be.provided by the Department of Energy.
[
Several Commission comments on the State Planning Council are consistent with the Nuclear Waste Management Planning Council.
i i
Transportation issues would be explicitly included in advice on s
l waste management.
Section 103(20).
Low level waste would be f
i included in the scope of the Council's considerations.
Section i
103(9).
An independent review capability would be authorized.
E Section 203(b).
Federal agencies, with their consent, would
'g assist the Council.- Section 203(b)(2).
The Chairman of the I
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Council would be a non-Federal official.
Section 202(c).
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t One possible inconsistency between Title II and the Commission's comments is the Council's consideration of spent fuel storage.
f.
The Commission, in its comments on the State Planning Council,
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noted that spent fuel storage facilities should not be treated i
differently from other nuclear fuel-cycle facilities not intended
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l for long-term use, and suggested that consideration of spent fuel i
facilities could considerably increase the Council's workload, i
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( ) Title II does not. explicitly provide for the Council's considera-tion'of procedures for creating regional facilities by several states.
This item was contained in the proposed Executive Order.
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Staff supports the concept of State compacts for regional waste i
facilities.
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i Title III would establish a Nuclear Waste Coordinating Committee as an. independent executive branch agency.
Membership of the Committee i
would be appointed by the heads of the various Federal agencies l
concerned with waste management; and the NRC would participate to T
'the extent consistent with its status as an independent regulatory i
-Commission.
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The Committee's functions would include coordination of nuclear j.
wrete activities-by member Federal-agencies; recommendations to f
'the President for resolving jurisdictional disputes and scheduling conflicts among the Federal members; and preparation of an annual
, Nuclear Waste Management Plan.
.The Nuclear Waste Management Plan would be subject to review by 4
the public, the President, and the Congressional committees which authorize funds for-activities described in the Plan.
Unresolved i
differences of agency opinion would be resolved by the President; and he would also be authorized to modify the Plan as he deemed i
appropriate-but with primary regard to protecting public health
-and safety.
The Committee would also notify the Governor of any State in which a Federal agency will study repository sites; seek State
- views on such exploration; and, at its discretion, authorize State participation in technical analyses by. Federal agencies.
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Prior to the construction of a main repository shaft, the Committee would prepare a Repository Development Report in coordination with Federal agency preparation of Environmental Impact Statements.
4 The Report would describe repository design and construction,
. operating procedures, repository sealing, plans for repository
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monitoring and perpetual care, identification of unresolved 1
technological issues, transportation plans, and financial assis-
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.tance to mitigate local impacts arising from a repository.
j Congress would review the Repository Development Report, and until that time no Federal agency could begin site preparation
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activity related'to main shaft construction.
Moreover, if the Chairman of a State Repository Review Panel objects to the Report,
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no Federal action could begin until Congress accepts the Report
'by concurrent resolution.
If Congress does not accept the Report, a revised Report would be prepared for Congressional approval.
]['Congressionalfailureto.approveaReportrendersitrejucted.
The same procedure would be followed for a Repository Loading Report which would precede the emplacement of waste in a repository.
Congressional approval of a Repository Development Report would i
not bind the NRC's subsequent licensing actions.
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Title IV wou'1d authorize'the Governor o'f a State containing a proposed repository site to establish a Nuc3 ear Waste Repository Review Panel to facilitate State and local participation in the j
- planning and development of a repository.
The Panel would be chaired by'the Governor and be composed of' State officials, inter-
.ested residents, Governors of adjacent States appointed by the l
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council if it finds these States will be directly and substantially 9
affected; and individuals appointed by these Governors.
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l A Review Panel would meet regularly with representatives of
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' Federal agencies who will educate the Panel and receive its views.
The Panel would cooperate with the. Committee in the preparation N
l of a Repository Deve1opment Report, and register formal objections 2
l if the. Panel finds that the Report does not adequately protect State and local interests.
The Panel would also recommend changes h
which would remove the bases for Panel objection to the Repository l
Development Report.
The same procedure would be followed for a Repository Loading Report.
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Comments on Specific Provisions i
j Section 103(10) defines high-level waste to exclude spent nuclear ll fuel which is separately defined in Section 103(13).
This inter-g
. pretation would be inconsistent with the Commission's interpreta-df
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. tion of Section 202(3) of the Energy Reorganization Act of 1974 (ERA).
The Commission believes that high-1evel waste includes s
spent-fuel for the purposes of that Section; and, thus, that the 5
.NRC is authorized to license the Department of Energy's (DOE)
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possession of commercially generated spent fuel in facilities E
used primarily for the receipt'and storage of such fuel.
The y
proposed definitions would cast substantial doubt on the NRC's hj current authority to regulate DOE facilities for storing spent ji fuel because Section 202(3) of the ERA refers only to high-leve1 5
waste.
Accordingly, I believe that the Commission shou 1d recommend E
that the definition.of high-leve1 waste in Section 103(10) be-F amended to include spent fuel and that Section 103(13) be deleted.
Moreover, the Commission should recommend that Section 305(a) be l
amended to explicitly affirm NRC's authority to regulate DOE's
'J storage of spent fuel.
ij 4
b Seceton 103(12) wou16 define 10w-1 eve 1 waste to inc1ude materia 1 s
contaminated with~ radioactive elements emitting beta or gamma b;
particles.
However, this provision wou1d not provide for the (i
establishment of minimum contamination limits by the Commission.
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'Thus, if read literally, the definition would include material j
containing small amounts of naturally occurring radioactive q
al.ements.
Accordingly, the Commission should recommend that b
this definition be amended to exclude material containing radio-i acEive ' elements in levels determined by the Commission.
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AFT NO. 1
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ubetchisms
/4/80 6240 Comparison of S. 742 with Draft Bill The draft bill differs from S. 742 in several significant h
respects.
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Responsibility for the preparation of facility specific re-ports would be assigned to the Secretary of Energy instead.
off the Interagency Nuclear Waste Coordinating Committee.
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.The Secretary, instead of the Interagency Committee, would
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consult and cooperate with a state Review
. edures for cooperation and consultation would be h
Panel.
g established by a written agreenent between the Secretary and 5
a Panel.
e This agreement must include the State's right to s4 comment and make recommendations on siting, public health 54 [
r a'nd safety, economic and social impacts associated sd.th a h
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repository; specific. time periods for the Secretary to 4
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receive and act on State comments and recommendationsI and procedures for periodic review of the agreement.
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The draft bill adds an additional earlier reporting require-
$1 Upon completion 'of site characterization, the Secre-
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tary wo'uld prepare a Proposed Site Report, solicit public
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3E comments on it, and submit a final version to Congress with 7:..
E the public comments.
The Report would describe the selected m
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2 site, explain its selection, and' discuss rejected alter-
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natives._
The Secretary could not -proceed with repository development or the preparation of a license application
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until forty-five days elapsed after Congress received the Report.
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S. 742 would require Congressional concurrence in a -Reposi-i tory Development Report only in' the event of formal objec-tions by the Chairman of a Nuclear Waste Repository Review i
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Panel.
The draft bill would delete the reference to formal i
objections and in all cases require Congressional approval j
of the report before the Secretary could initiate site preparation work leading to construction of a main reposi-tory shaft.
5..
The draft bill appears to require the establishment of a
. Nuclear Waste Review Panel by either State law or the Governor
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of the State.in which the repository would Le. located.
How-ever, the _ bill appears somewhat inconsistent because it would also provide that if a Panel is not established th~e Secretary would not be required to prepare any reports and i
-Congrelss' would not review the Secretary's proposal.,
3 6.
The contents of a. Repository Development Report would in-clude the license application to the NRC and any environ-mental impact statements instead of separate descriptions of repository design and operation and environmental analyses.
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120555029836 1 M6
-US NRC AMSS-DIV 0F WASTE MANAGEMENT DIVISION DIRECTOR 39655 WASHihG10N DC 20555 e
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96TII CONORE$S A
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l To effect certain re' organization of-thdderal Government to strengthen Federal programs and policies with respect to nuclear waste management,
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IN THE SENATE OF THE UNITED STATES MAnCu 22 Gegislative day, FEBRUARY 22),1979 Mr. PEscY (for himself and Mr. GLENN) introduced the fo!!owing bill; widch was by unanimous consent ordered held at the desk MAncu 2S Gegislatis.e day, FEBRUARY 22),1979 Read twice and referred to the Committee on Governmental Affairs O
A BILL To effect certain reorganization of the Federal Government to strengthen Federal programs and policies with respect to nuclear waste management.
1 Be it enacted by the Senate and House of Representa-2 tives of the United States of America in Congress assembled, I
3 That this Act may be referred to as the " Nuclear Waste 4 Management Reorganization Act of 1979".
5 SEc. 2. TABLE OF CONTENTS.
II-E i
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2 TABLE OF CONTENTS TITLE I-FINDINGS, PURPOSES, AND DEFINITIONS Sec.101. Declaration of findmgs.
Sec.102. Declaration of purposes.
Sec.103. Definitions.
TITLE II-ESTABLISIIMENT, MEMBERSIIIP, AND FUNCTIONS OF NUCLEAR WASTE MANAGEMENT PLANNING COUNCIL Sec. 201. Establishment of Nuclear Waste Management Planing Council.
Sec. 202. Membership of the Council.
Sec. 203. Functions of the Council.
TITLE III-ESTABLISIIMENT, MEYBERSIIIP, AND FUNCTIONS OF NUCLEAR WASTE COORDINATING COMMITTEE Sec. 301. Establishment of Nuclear Waste Coordinating Committee.
h Sec. 302. Membership of the Committee.
Sec. 303. Functions of the Committee.
Sec. 304. Congressional review procedures.
Sec. 2^'. Effect on other laws.
TITLE IV-ESTABLISIIMENT, MEMBERSIIIP, AND FUNCTIONS OF.
NUCLEAR WASTE REPOSITORY REVIEW PANELS Sec. 401. Establishment of Nuclear Waste Repository Review Panels.
Sec. 402. Membership of Review Panels.
Sec. 403. Functions of Review Panels.
1 TITLE I-FINDINGS, PURPOSES, AND 2
DEFINITIONS O
3 DECLARATION OF FINDINGS 4
SEC.101. (a) The Congress finds that-5 (1) nuclear wastes generated in the national de-6 fense program have been accumulating for more than 7
thirty years, and spent nuclear fuel and nuclear wastes 8
from the commercial industry are increasing rapidly; 9
(2) nuclear waste has become a major issue of 10 public concern; I
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(3) stringent precautions must be taken to ensure
- 2 that nuclear wastes do not adversely' affect the public
~ ' lth and safe'ty of this or future generations; hea 43-
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'4-(4) confidence 'in the ability of the Federal Gov -
I 5 t ernment to mana'ge 'a program providing for the safe O'-
and permanent disposal of nuclear wastes must be sub-
'7
'stantially! increased-if nuclear power'is' to contribute 8
significantly to meeting the energy needs 'of the United O
<o states'in"the future; 10 (5) Federal imelear'w ste disposal programs have 11 been ineffective due toJ-12 (A) inadequate coordination among the var-1 13 ious Federal agencies, and departments which have responsibilities relating to nuclear waste 15-fminagenient; 10 (B) the lack of a policymaking process which
.O-17 integrates the views of all Federal ' agencies and 18 department's into a comprehensive government-10 wide policy;
)-
20 (C) the lack of an organizational mechanism 21 which affords States, localities, and the public the 22 opportunity to participate fully in the formulation 23
- of Federal nuclear waste management policy; and 24i
'(D)-the lack of an organizational mechanism 25 which allows States and localities to review Fed-
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eral plans for the development of nuclear waste 2
disposal facilities, and to ensure thereby that such 3
plans adequately protect State and local interests; 4
(6) a Nuclear Waste Management Planning Coun-l l
5 cil must be established to afford States, localities, and 6
the public the opportunity to participate fully in the 7
formulation of Federal nuclear waste management l
l 8
policy; 9
(7) a Nuclear Waste Coordinating Committee g
10 must be established in order to-11 (A) improve the coordination of the activities 12 of Federal departments and agencies with respect 13 to nuclear waste management;
-14 (B) annually prepare a Nuclear Waste Man-15 agement Plan which reflects the views of all Fed-16 eral agencies and departments with responsibil-17 ities pertaining to nuclear waste management and h
18 the views of the Nuclear Waste Management i
19 Planning Council; and 20 (C) prepare Repository Development Reports
(
21 and Repository Loading Reports with respect to 22 proposed nuclear waste disposal facilities; 23 (8) Nuclear Waste Repository Review Panels
-24 must be established to ensure that States and localities
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5 have adequate opportunities to review plans for the de-1 velopment of Federal nuclear waste disposal facilities.
2 DECLARATION OF PURPOSE 8 3
SEC.102. The Congress declares that there is a com-4 5 pelling need to improve coordination among Federal agencies 6 and departments with respect to nuclear waste management 7 activities, to establish a policymaking process which inte-8 grates the views of all such agencies and departments, to-9 gether with the views of States, localities, and the public, and O
10 to provide for State and local review of Federal plans for the 11 development of nuclear waste disposal facilities. It is the pur-12 pose of this Act to-(1) establish a Nuclear Waste Management Plan-13 ning Council to provide State, local, and public views 14 in the Federal nuclear waste management policy devel-15 16 opment process; (2) establish a Nuclear Waste Coordinating Com-O iv mittee, to improve coordination of Federal nuclear 18 waste management programs, to prepare annually a 19 Nuclear Waste Management Plan which reflects the h
20 views of all interested parties, and to prepare Reposi-21 tory Development Reports and Repository Loading Re-22 ports with respect to proposed nuclear waste disposal 23 l
24 facilities; and f
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(3) establish Nuclear Waste Repository Review 1
2 Panels, to ensure that States and localities have ade-3 quate opportunity to review Federal plans for the 4
development of nuclear waste disposal facilities.
5 DEFINITIONS 6
SEC.103. For the purposes of this Act the term-7 (1) " Committee" means the Nuclear Waste Co-8 ordinating Committee; 9
.(2) "CounciF' means the Nuclear Waste Manage-0 10 ment Planning Council; 11 (3) " Secretary" means the Secretary of Energy; 12 (4) " Department" means the Department of 13 Energy; 14 (5) " Review Panel" means a Nuclear Waste Re-15 pository Review Pancl; 16 (G) " Chairman" means the. Chairman of a Review 17 Panel; g
18 (7) " Plan" means the annual Nuclear Waste Man-19 agement Plan;-
20 (8) " Governor" means the Governor of a State, t
21 or successors to the Governer, during their respective 22 terms of office, or their designees; 23 (9) " nuclear waste" means high-level waste, 24 transuranic contaminated waste and low-level waste;.
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have adequate opportunities to review plans for the de-2 velopment of Federal nuclear waste disposal facilities.
8 DECLARATION OF PURPOSES 4
SEO.102. The Congress declares that there is a com-l 5 pelling need to improve coordination among Federal agencies 6 and departments with respect to nuclear waste management 7 activities, to establish a policymaking process which inte-8 grates the views of all such agencies and departments, to-O 9 gether with the views of States, localities, and the public, and 10 to provide for State and local review of Federal plans for the 11 development of nuclear waste disposal facilities. It is the pur-12 pose of this Act to-13 (1) establish a Nuclear Waste Management Plan-14 ning Council to provide State, local, and public views 15 in the Federal nuclear waste management policy devel-16 opment process; O
12 (2) establish a Nuclear Waste Coordinating Com-18 mittee, to improve coordination of Federal nur' eor 10 waste management programs, to prepare annuall) a 20 Nuclear Waste Management Plan which reflects the 21 views of all interested parties, and to prepare Reposi-22 tory Development Reports and Repository Loading Re-23 ports with respect to proposed nuclear waste disposal 24 facilities; and
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(3) establish Nuclear Waste Repository Review 2
Panels, to ensure that States and localities have ade-3 quate opportunity to review Federal plans for the 4
development of nuclear waste disposal facilities.
5 DEFINITIONS 6
SEc.103. For the purposes of this Act the term-7 (1) " Committee" means the Nuclear Waste Co-8 ordinating Committee; 9
.(2) " Council" means the Nuclear Waste 31anage-g 10 ment Planning Council; 11 (3) " Secretary" means the Secretary of Energy; 12 (4) " Department" means the Department of 13 Energy; 14 (5) " Review Panel" means a Nuclear Waste Re-15 pository Review Panel; 10 (0) " Chairman" means the Chairman of a Review 17
- Panel; 18 (7)" Plan" means the annual Nuclear Waste 3 fan-19 agement Plan; >
20 (8) " Governor" means the Governor of a State, 21 or successors to the Governor, during their respective 22 terms of office, or their designees; 23 (9) " nuclear waste" means high-level waste, 24 transuranic contaminated waste and low-level waste;.
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(10) "high-level waste" means the highly radioac-g e2
_.tive wastes resulting. from the reprocessing of spent 3
nuclear fuel, and includes both the liquid waste which 4-is produced directly in reprocessing and any solid ma-5 terial into which such liquid. waste is made; 6
(11) transuranic contaminated waste" means ma-7 terial contaminated with elements having an atomic
.8 number greater than 92, including neptunium, plutoni-g 9.
um, americium, and curium, in concentrations of great-10, er than 10 nanocuries per gram; 11 (12) " low-level waste" means material contami-12 nated with radioactive elements emitting beta.or 13 gamma particles or with traces of transuranic elements 14 in concentrations less than 10 nanocuries per gram; 15 (13) " spent nuclear fuel" means fuel which has 10 been discharged from a nuclear reactor following irra-0 17 diation, whose. constituent elements have not been sep-18 arated by reprocessing; 19 (14) " repository." means a facility for the perma-20 nent disposal of high-level >vaste, transuranic contami-21 nated waste, pr. spent nuclear fuel, whether.or not such 22 facility is designed to permit the subsequent recovery 23 of such material, except for facilities to be used exclu-24 sively for research and development purposes contain-25 ing an insignificant amount of such material;
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(15) " storage" means retention of nuclear wasta 2
or spent nuclear fuel with the intent to recover such 3
material for subsequent use, processing, or disposal; 4
(16) " disposal" means the emplacement of nuclear 5
waste or spent nuclear fuel with no intent of recovery, 6
whether or not such emplacement permits the recovery 7
of such materials; 8
(17) " local government" means any political sub-9 division of a State including any town, city, township, 10 borough, parish, village, county, or other general pur-11 pose political subdivision of a State; 12 (18) " Indian tribe" means an Indian tribe, as de-13 fined in the Indian Self-Determination and Education 14 Assistance Act (Public Law 93-638);
15 (19) "public health and safety" means the public 16 health and safety of current and future generations; O
17 (20) " nuclear waste and spent nuclear fuel man-18 agement" means the transport, storage, and disposal of 10 nuclear waste and spent nuclear fuel; and 20 (21) " main shaft" means the primary vertical 21 access shaft of a nuclear waste repository.
O O
D 1 TITLE II-ESTABLISIISIENT, MEMBEllSIIIP, AND 2
FUNCTIONS OF NUCLEAll WASTE MANAGE-3 MENT PLANNING COUNCIL 4
ESTABLISilMENT OF NUCLEAR WASTE MANAGEMENT
)
5 PLANNING COUNCIL G
SEC. 201. There is established a Nuclear Waste Man-7 agement Planning Council as an independent instrumentality 8 of the United States in the executive branch.
9 MEMnERSIIIP OF THE COUNCIL 10 SEC. 202. (a) The Council shall consist of fifteen mem-t 11 bers appointed by the President. Eleven members of the 12 Council shall be elected officials of State or local government 13 or Indian tribes, except that not less than three such mem-14 bers shall be elected officials of local government or of Indian 15 tribes. The remaining four members of the Council shall be 10 selected from interested members of the public. Members of O
17 the Councii shaii he appointea ror a term of two years una 18 may be reappointed for additional terms. No member appoint-10 ed as one of the eleven elected officials may continue to serve 4
20 on the Councilif such member ceases to be an elected official 21 of State or local government or of an Indian tribe.
22 (b) In appointing members of the Council, the President 23 shall endeavor to ensure representation of a broad range of 24 views with respect to nuclear waste and spent nuclear fuel l
25 management and to ensure representation of areas which are l
S742---2
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1 users of nuclear power and of areas which are serving or may 2 be likely to serve as locations for nuclear waste and spent 3 nuclear fuel storage or disposal or which may be directly or 4 substantially affected by such activitics.
5 (c) The Chairman of the Council shall be a member of 6 the Council designated by the President and shall be the 7 Governor of a State.
8 FUNCTIONS OF TIIE COUNCIL 0
SEC. 203. (a) The Council shall-g 10 (1) pursuant to section 301, appoint a representa-11 tive to the Nuclear Waste Coordinating Committee; 12 (2) pursuant to the procedures set forth in section 13 303, provide views on the annual Nuclear Waste Man-14 agement Plan to the President; 15 (3) advise the Federal agencies and departments 1G having membership on the Committee on nuclear O
17 waste and spent nuclear fuel management policy, with 18 special reference to issues pertaining to the siting and 10 development of nuclear waste and spent nuclear fuel 20 storage and disposal facilities; and 21 (4) comment on proposed Federal regulations, 22 standards, and criteria pertaining to nuclear waste and 23 spent nuclear fuel management and spent fuel storage, 24 including radiation exposure standards.
25 (b) The Council shall have the authority to-
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(1) obtain (in accordance with section 3100 of title 2
5, United States Code, but without regard to the limi-3 tation in such section on the number of days or the 4
period of such service)'.he services of experts or con-5 sultants who have scientific or other pertinent profes-6-
sional qualifications; 7
(2) utilize, with their consent, the services, equip-8 ment, personnel, information, and facilities of other Q
9 Federal, State, or local public agencies, with or with-10 out reimbursement therefor; 11 (3) accept voluntary an'd uncompensated services; 12 (4) accept unconditional gifts, or donations of 13 services, money, or property, real, personal, or mixed, 14 tangible or intangible; and 15 (5) enter into such contracts, leases, cooperative 16 agreements, or other transactions, without regard to O
17 sections Sc48 ana 3700 of the nevisea Statutes of the 18 United States (31 U.S.C. 520, 41 U.S.C. 5), as may 19 be necessary in the conduct of its functions, with,any Y
20 public agency, or with any person, firm, association, 21 corporation, or educational institution.
22 (c) There are authorized to be appropriated to carry out 7
23 the provisions of this title such sums as may be necessary.
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12 1 TITLE III-ESTABLISIIMENT, 31E51BERSIIIP, AND 2
FUNCTIONS OF NUCLEAR WASTE C00RDI-3 NATING COMMITTEE 4
ESTABLISilh1ENT OF NUCLEAR WASTE COORDINATING 5
CO31311TTE E G
SEC. 301. There is established a Nuclear Waste Coordi-7 nating Committee as an independent instrumentality of the 8 United States in the executive branch.
0 31E31BER81 IIP OF TIIE CO3131ITTEE g
10 SEC. 302. (a) The Secretary, the Council, the Nuclear 11 Regulatory Commission, the Council on Environmental 12 Quality, the Director of the Office of Science and Technology 13 Policy, the Administrator of the Environmental Protection 14 Agency, the Secretaries of Interior, Transportation, and 15 State, and the head of any other Federal agency or depart-10 ment designated by the President shall each appoint one rep-h 17 resentative to serve as members of the Committee.
18 (b) The representative of the Department shall serve as 10,tiie Chairman of the Committee.
20 (c) The Nuclear Regulatory Commission shall partici-21 pate in the activities of the Committee to the extent it deter-22 mines _such participation to be consistent with the independ-23 ent regulatory responsibilities of the Commission.
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13 1
FUNCTIONS OF TIIE COMMITTEE 2
SEC. 303. (a) The Committee shall facilitate the coordi-l-
3 nation of activities of the Federal agencies and departments 4 represented on the Committee with respect to nuclear waste 5 and spent nuclear fuel management so as to minimize dupli-6 cation of effort and unnecessary delay in Federal nuclear 7 waste and spent nuclear fuel management programs.
8 (b) The Committee shall make recommendations to the Pr Sid nt t res Ve jurisdi ti nal disputes and schedule con-O 10 flicts regarding the activities of the Federal agencies and de-11 partments represented on the Committee.
l, 12 (c) The Committee shall prepare an annual Nuclear 13 Waste Management Plan for the fiscal years 1981, 1982, 14 1983,1984 and 1985, as follows:
15 (1) To the maximum extent feasible, the Plan 16 shall incorporate the views of all members of the Com-0 17 mittee. 1r significant aivergence of opinion exists 18 among Committee members on major issues, the draft 10 Plan shall indicate where such divergences of opinion 7
20 exist and shall include the relevant options for consid-21 eration by the President following the submission of 22 public comment pursuant to paragraph (2).
23 (2) The Committee shall make the draft Plan 24 available for public comment for at least thirty days, 25 and shall thereafter submit the draft Plan to the Presi-I 9
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14 1
dent; concurrent with the submission of the draft Plan 2
to the President, the Federal departments and agencies 3
represented on the Committee and the Council shall 4
submit their views on the draft Plan to the President.
5 (3)(A) The President shall review the draft Plan 6
and the comments he receives thereon and shall re-7 solve any divergent views presented pursuant to para-8 graph (1), and may further modify the draft Plan as he 9
deems appropriate.
g 10 (B) Protection of the public health and safety shall 11 be foremost among the factors to be weighed by the 12 President in reviewing the draft Plan.
13 (4) Not later than March 1,1980, and March 1 of 14 each succeeding year thereafter through March 1, 15 1984, the Committee shall submit the final version of 16 the Plan for the next fiscal year to the Congress.
17 (5) Any committee of either IIouse of Congress O
18 reporting a bill authorizing funds for activities de-19-scribed in the Plan shall consider the Plan and may 20 specify in any report accompanying such bill the extent 21 to which such proposed authorization is consistent with 22 the Plan.
23 (d)(1) At such time as any Federal agency or depart-24 ment represented on the Committee shall decide to undertake t he s t u d,, c : m.,, a : a - alon a State for the purpo..e d d< a :
s O
O ii 15 1 mining its suitability for a nuclear waste or spent nuclear fuel 2 repository or storage facility, the Committee shall notify in 3 writing the Governor of the State in which the area is locat-4 ed of such determination and shall furnish such Governor all 5 relevant information on a current basis concerning the pro-
.s 6 gram of the relevant Federal agency or department for such 7 study.
8 (2) The Committee shall seek the views of appropriate g
9 agencies of any State containing an area under study for the 10 purposes described in subsection (d)(1) and, at the discretion 11 of the Chairman of the Committee, the appropriate agencies
- 12. of any concerned adjacent State. Technical representatives 13 designated by the Governor of each such State may partici-14 pate in the technical analyses performed by the relevant Fed-15 eral agency or department.
16 (c)(1) The Committee shall-0 17 (A) at the earliest feasible time prior to the in-18 tended submission by any Federal agency or depart-19 ment to the Nuclear Regulatory Commission of an ap-20 plication for a license to construct the-main =shnft _of-a 21 nuclear waste repository, or 22 (B) in the event that such agency or department 23 is not required by law to obtain a license from the Nu-24 clear Regulatory Commission for the construction of 25
-thee FilisiF:sf such repository, at the earliest feasi-
1G 1
ble time prior to undertaking site preparation work 2
leading to construction of the main shaft of such re-3
- pository, 4 prepare a nuclear waste Repository Development Report.
5 The Chairman of the Committee shall have the authority to 6 resolve differences of view among Committee members with 7 respect to such report. The Committee shall immediately 8 notify the Governor of the State in which such proposed re-9 pository would be located of its decision to prepare the Re-g 10 pository Development Report.
11 (2) The Repository Development Report shall contain-12 (A) a detailed description of-13 (i) the design of the repository and plans for 14 its construction; 15 (ii) proposed operating procedures for the 10 emplacement of high-level or transuranic contami-17 nated wastes or spent nuelcar fuel, including h
18 amounts and types of waste or spent nuclear fuel 10 to be emplaced, loading factors, waste form, and 20 packagbg; 21 (iii) procedures for maintaining the retriev-22 ability of emplaced nuclear waste or spent nuclear 23 fuel and for subsequent shaft and tunnel sealing; 24 and
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17 1
(iv) plans for perpetual care and monitoring 2
of the facility; 3
(B) an analysis of the anticipated environmental, 4
health, and safety impacts of the proposed facility, in-5 cluding a discussion of any remaining areas of scientific 0
and technological uncertainty and plans for resolving 7
such uncertainties, with specific reference to informa-8 tion to be collected during the course of the proposed Q
0 facility's construction and operation; 10 (C) a plan for the transport of high-level or trans-11 uranic contaminated waste or spent nuclear fuel to the 12 repository, including an assessment of anticipated envi-13 ronmental, health, and safety impacts and a description 14 of emergency planning procedures; and 15 (D) any plan to provide financial assistance to IG State or local governments or Indian tribes with re-O n
spect to impacts arising from the proposed repository.
18 (3) The Committee shall coordinate the preparation of a 10 Repository Development Report for a proposed facility with 20 the preparation of - any pertinent Environmental Impact 21 Statements mandated by the National Environmental Policy 22 Act so as to avoid unnecessary delay and duplication of 23 ' effort. Nothing in this title shall be construed to relieve any 24 Federal agency or department of any duty imposed by that 25 Act.
1
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2
- f. -
18
^
1 (4) If a Nuclear Waste Repository Review Panel has 2 been convened with respect to a proposed repository pursu-3 ant to section 401-4 (A) the Committee shall prepare the Repository 5
Development Report with respect to such proposed re-6 pository in close cooperation with the appropriate 7
' Review Panel and shall incorporate the views of such 8
Panel into such Repository Development Report to the 9
maximum extent feasible; g
10 (B) upon completing the Repository Development 11 Report, the Committee shall submit the Repository 12 Development Report to the Review Panel for final 13 review.
14 (5) The Committee shall submit the Repository Devel-15 opment Report for a proposed repository to the Congress, 10 together with the comments of the appropriate Review 17 Panel, if one has been convened with respect to the proposed h
18 repository, and any formal objections raised by the Chairman 19 of such Review Panel with respect to such Report. Until a 20 Repository Development Report for a proposed repository 21 has been submitted by the Committee to the Congress no 22 Federal agency or department may undertake site-prepara-23 tichrk-WelNete the construction of tho :nalii shaft of Such repository, eXcept that where the Chairman of the I
24
.m sc
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19 1 mally objects to such Repository Development Report pursu-2 ant to the provisions of section 403(b), the action prohibited 3 in this paragraph may not be taken unless and until Congress 4 shall have passed a concurrent resolution pursuant to section 5 304 stating in substance that the Repository Development 6 Report equitably balances State, local, and national interests.
7 (6)In the event that Congress fails to pass a concurrent 8 resolution as specified in paragraph (5) with respect to a Re-4 Q
9 pository Development Report to which the Chairman of the 10 relevant Panel has formally objected, the prohibitions set 11 forth in paragraph (5) shall remain in effect until such time 12 as-13 (A) the Committee shall have submitted to the 14 Congress a revised Repository Development Report to 15 which the Chairman of the relevant Review Panel has 16 not formally objected, or O
12 (u) Congress shaii have passea a concurrent reso-18 lution as specified in paragraph (5) with respect to a 19 revised Repository Development Report to which the 20 Chairman of the relevant Panel shall have formally ob-21 jected.
22 Each revised Repository Development Report shall be pre-23 pared pursuant to the procedures set forth in this section and 24 in.cection 403 pertaining to the preparation of Repository f ment 1
O i y sr(W,M, f fj0,/'
O V
20 1
(f)(1) The Committee hall-
/
2 (A) at the earliest feasible time prior to the in-3 tended submission by any F deral agency or depart-4 ment to the Nuclear Regulatory Commission of an ap-5 plication for a license to emplace significant quantities i
G of high-level or transuranic contaminated nuclear waste 7
or spent nuclear fuel into a repository; or 8
(B) in the event that such agency or department 0
is not required by law to obtain a license from the Nu-g 10 clear Regulatory Commission in order to emplace sig-11 nificant quantities of high-level or iransuranic contami-12 nated nuclear waste or spent nuclear fuel into such re-13 pository, at the earliest feasible time prior to beginning 14 the emplacement of such waste or spent nuclear fuel 15 into such repository, 16 prepare a Repository Loading Report with respect to such 17 repository. The Chairman of the Committee shall have au-18 thority to resolve differences of view among Committee 19 members with respect to such report. The Committee shall 20 immediately notify the Governor of the State in which such 21 repository is located of its decision to prepare the Repository 22 Loading Report.
23 (2) The Repository Loading Report prepared with re-24 spect to such repository. shall contain the information re-25 quired in the Repository Development Report prepared with
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21 1 respect to such repository pursuant to section 303(c)(1), ap-2 propriaiely updated. The Repository Loading Report for such 3 repository shall identify any significant differences between 4 the plans, descriptions, and analyses contained therein and 5 those presented in the Repository Development Report pre-6 pared with respect to such repository. Special emphasis shall 7 be given to assessing the significance of information collected 8 during the course of the construction of the repository to the Q
9 analyses of the anticipated environmental, health, and safety 10 impacts of such repository.
11 (3) If a Nuclear Waste Repository Review Panel has 12 been convened with respect to a proposed repository pursu-13 ant to section 401, the Committee shall-14 (A) prepare the Repository Loading Report with 15 respect to such repository in close cooperation with the 16 Review Panel and shall incorporate the views of such 17 Panel into such report to the maximum extent feasible; 18 (B) upon completing such Repository Loading 19 Report, the Committee shall submit the report to the 20 Review Panel for final review.
21 (4) No Federal agency or department may emplace sig-22 nificant quantities of nuclear wastes or spent nuclear fuelinto 23 any repository, unless and until the Committee shall have 24 submitted to the Congress a Repository Loading Report pre-25 pared with respect to such repository, together with the com-
' ' ' ~ ~
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22 1 ments of the appropriate Nuclear Waste Repository Review 2 Panel, and a period of thirty days of continuous session of l
3 Congress (as defined in section 304) shall have elapsed.
4 CONORESSIONAL REVIEW PROCEDJRES 5
SEC. 304. (a) Not later than forty-five days of continu-6 ous session after the date of transmittal to the Congress of a 7 Repository Development Report with respect to which the 8 Chairman of the appropriate Review Panel has raised formal 9 objections, the committees of the IIouse of Representatives g
10 and of the Senate to which such Repository Development 11 Report is referred shall submit a report to their respective 12 IIouse on their views and recommendations respecting such 13 Repository Development Report together with a concurrent 14 resolution, as defined in subsection (g), stating in substance 15 that the Congress believes that the report equitably balances 16 State, local, and natione.1 interests. If any such committee 17 has not reported such a resolution at the end of such forty-18 five-day period, such committee shall be deemed to be dis-10 charged from further consideration of such Repository Devel-20 opment Report. If no such resolution has been reported at 21 the end of such period, the first resolution as defined in sub-22 section (g) which is introduced within five days thereafter 23 within such IIouse shall be placed on the appropriate calen-24 dar of such IIouse.
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23 1
(b) The Chairman of the Coordinating Committee may 2 amend a report to address any objection raised to it by the 3 Chairman of the appropriate Review Panel during the first 4 thirty days of continuous session after it is submitted to the 5 Congress.
6 (c) When the relevant committee or committees have 7 reported such a resolution (or have been discharged from fur-8 ther consideration of such a resolution pursuant to subsection Q
9 (a)), or when a resolution has been introduced and placed on 10 the appropriate calendar pursuant to subsection (a), as the 11 case may be, it is at any time thereafter in order (even 12 though a previous motion to the same effect has been disa-13 greed to) for any Member of the respective IIouse to move to 14 proceed to the consideration of the resolution. The motion is 15 highly privileged and is not debatable. The motion shall not 16 be subject to amendment, or to a motion to postpone, or to a 0
12 motion to proccea to the consiaeration of other business. i 18 motion to reconsider the vote by which the motion is agreed 19 to, or disagreed to, shall not be in order. If a motion to pro-20 ceed to the consideration of the resolution is agreed to, the 21 resolution shall remain the unfinished business of the respec-22 tive IIouse until disposed of.
23 (d) Debate on the resolution, and on all debatable mo-24 tions and appeals in connection therewith, shall be limited to 25 not more than ten hours, which shall be divided equally be-
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24 1 tween individuals favoring and individuals opposing the reso-2 lution. A motion further to limit debate is in order and not 3 debatable. An amendment to a motion to postpone, or a 4 motion to recommit the resolution, or a motion to proceed to 5 the consideration of other business is not in order. A motion 6 to reconsider the vote by which the resolution is agreed to, or 7 disagreed to, shall not be in order. No amendment to any 8 concurrent resolution pursuant to the procedures of this sec-9 tion is in order except as provided in subsection (e).
g 10 (e) Immediately following (1) the conclusion of the 11 debate on such concurrent resolution, (2) a single quorum call 12 at the conclusion of debate if requested in accordance with 13 the rules of the appropriate IIouse, and (3) the consideration 14 of an amendment introduced by the majority leader or his 15 designee to insert the phrase "does not" in lieu of the word 10 "does" if the resolution under consideration is a concurrent 17 resolution of approval, the vote on final approval of the reso-O 18 lution shall occur.
10 (f) Appeals from the decisions of the Chair relating to 20 the application of the rules of the Senate or the IIouse of
=
21 Representatives, as the case may be, to the procedure relat-
/
d
/'U 22 ing to such a resolution shall be decided without debate.
49 23 (g) For the purposes of this section, " concurrent resolu-jffd on" means only a concurrent resolution, the matter after i
'[ j 25 the resolving clause of which is as follows: "That the Con-fp7
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25 1 gress believes that the Repository Development Report num-2 bered relating to the proposed development of a nuclear 3 waste or spent nuclear.'cel repository at 4 within the State of transmitted to Congress by 5 the Nuclear Waste Coordinating Committee on 6, 19 (as amended by the Chairman of the Nuclear Waste 7 Coordinating Committee on
, 10 ) equitably _
8 balances State, local, and nationalinterests.", the blank O
9 spaces therein being appropriately filled and the text in pa-10 renthesis being included if the Chairman of the Coordinating 11 Committee has amended the report pursuant to subsection 12 (b).
13 (h)If the Congress has not passed a concurrent resolu-14 tion in accordance with the procedures described in this sec-15 tion within sixty days of continuous session after the trans-16 mittal of the Repository Development Report, such report O
17 shall be considered rejected.
18 (i) For the purposes of this section-19 (1) continuity of session is broken only by an ad-20 journment of Congress sine die; and 21 (2) the days on which either House is not in ses.
22 sion because of an adjournment of more than three 23 days to a day certain are excluded in the computation 24 of any period of time in which Congress is in continu-25 ous session.
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26 1
(j) This section is enacted by Congress-2 (1) as an exercise of the rulemaking power of the 3
Senate and the IIouse of Representatives, respectively, 4
and as such they are deemed a part of the rules of 5
each IIouse, respectively, but applicable only with re-6 spect to the procedure to be followed in that IIouse in 7
the case of resolutions described by subsection (g) of 8
this section; and they supersede other rules only to the 9
extent that they are inconsistent therewith; and g
10 (2) with full recognition of the constitutional right 11 of either IIouse to change the rules (so far as relating 12 to the procedure of that IIouse) at any time, in the 13 same manner and to the same extent as in the case of 14 any other rule of that IIouse.
15 (k) In considering any Repository Development Report 16 submitted to the Congress pursuant to this title, the Congress 17 may obtain the views and comments of the Nuclear Regula-18 tory Commission on such report. The provision of views by 19 the Commission shall not be construed as binding the Com-20 mission with respect to any subsequent licensing action per-21.taining to the repository which is the subject of such Reposi-
- 22. tory Development Report.,
23-
- (1) The passage of a resolution by the Congress pursuant.
2.4. to this title shall in no way be considered as binding witl!
25 respect to any subsequent licensing actiogof; the Nuclear.
l-b
~
27 i
j i y Regulatory Commission pertaining to the repository which is l
l L
12, the subject of such resolution..:
3 (m) For the purposes of this section a revised Repository l
4 Development Report as set forth in section 303(e)(6) shall be i
5 deemed to be a Repository Development Report.
0 EFFECT OF OTHER LAWS l
(
7-SEC. 305.:(a) Nothing in this Act shall affect.the au-i8 -thority of the Nuclear Regulatory Commission to license and lV 9 regulato high-level or transuranic contaminated, waste or p
L 10.. spent nuclear fuel storage and: disposal pursuant to section j_
- 11. 2.02 of the Energy Reorganization Act of 1974 or of byprod-l-
12 uct,fource, or_ special nuclear material pursuant to section l
- 13. 201(f) of such Act.
14 (b) Nothing in this Act shall exempt any Federal depart-l 15 ment or agency from the requirements of the National Envi-l 7
l l
16 rronmental Policy Act.
()
17-(c)' Nothing in this Act shall affect the authority of i
18 States to inspect nuclear facilities as designated pursuant to l
- 19. State law pursuant to section 274 of the Atomic Energy Act.
?
1 s.
. 4-
_4 t
e
+
l l
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28 1 TITLE IV-ESTABLISHMENT, AIEMBERSHIP, AND FUNCTIONS OF NUCLEAR WASTE REPOSI-2 3
TORY REVIEW PANELS 4
ESTABLISHMENT OF NUCLEAR WASTE REPOSITORY 5
REVIEW PANELS 6
SEC. 401. (a) At any time within one hundred and 7 twenty days after receiving notification of the intention of the 8 Committee to prepare a Repository Development Report 9 pursuant to section 303(c)(1) with respect to a proposed re-g 10 pository to be located within a State, the Governor of such 11 State receiving such notification may establish a Nuclear 12 Waste Repository Review Panel to facilitate State and local 13 participation in the planning and development of such reposi-14 tory.
15 (b) The procedures provided by sections 303(e), 304, 16 and 403(b) for State and local review and for submissiori to 17 the Congress of objections to the Repository Development O
18 Report prepared with respect to a proposed repository, and 19 the procedures provided by sections 303(f) and 403(c) for 20 State and local review and for submission to the Congress of comments on the Repository Loading Report prepared with 21 22 respect to such repository, shall not apply with respect to 23 such repository unless there shall have been convened a Nu-24 clear Waste Repository Review Panel with respect to such 25 repository pursuant to subsection (a).
29 l'
(c) A Review Panel convened pursuant to section 401(a) 2 with respect to a proposed repository shall continue to func-3 tion until f
4 (1) the Committee formally notifies the Panel that E
5 the Federal Government no longer intends to construct 6
and operate such repository, or 7
(2) the Committee formally notifies the Panel that 8
a Repository Loading Report prepared with respect to t
O 9
such repository has been submitted to the ' Congress 10 pursuant to section 303(f), and the Chairman of the l
11 Panel thereafter declares the Panel to be adjourned.
12 MEMBERSHIP OF REVIEW PANELS i
13 SEc. 402. A Review Panel convened by a Governor 14 pursuant to section 401(a) shall consist of-15 (1) the Governor convening the Panel who shall 16 serve as the Chairman of the Panel; 17 (2) seven additional individuals from the State of 18 the convening Governor to be appointed by the Gover-i 19 not and to serve at the pleasure of the Governor. The 20 convening Ocvernor shall include on the Panel individ-21 uals who are local government or Indian tribe officials 22 of the area under study by the Department as a possi-1 23 ble site for the proposed nuclear waste and spent nu-24 clear fuel repository and may include-4 L--
73 V
U 30 1
(A) other officials of the State's government 2
including members of the State legislature, and 3
(B) interested residents of the State, except 4
that such residents shall be selected so as to 5
ensure representation of a broad range of views
}
on nuclear wa' te repository development issues; G
s 7
and 8-(3)(A) the Governors ' of any adjacent State 'or 9
States, to be appointed by the Council, upon a finding 10
~ that such State or States may be directly and substan-11 tially 'affected by the operation of a nuclear waste re-12 pository situated in the State of the convening Gover-13 nor; 14 (B) Each Governor so appointed by the Council 15 may appoint'up to three additional individuals from his 16 State to serve ~ on the Review Panel at the pleasure of 17 the Governor. Such Governor shallinclude among such 18 appointees at least one local government or Indian offi-10 cial of the areas which would be directl.y and substan-20 tially affected by the development of the proposed re-21 pository, and may include-22 (i) other officials of the State government in-23 cluding members of the State legislature, and 24 (ii) interested residents of the State, except 25 that such residents shall be selected so as to
31
-1 pd Hin " ensure representation ~of a' broad" range' of views 4v, m on nuclear'Whstior spent > nuclear fuel repository 3- ~
"dev0lopment issued ' ~ ~
4
[ ! -i FUNCTIONS 'OF REVIEW PANELS *
'5 : '
' SEC. 403. (a)"A Review Panel esiablished pursuant to 6"section 461(a) shall meet regularly to' review current and Yplanned a~ctions of'the Federal agencies and ' departments V8"haiing membership' on the Committeb witli respect to the g
9 s! ting,Ionstru'etion, ind operation off he relevarit proposed
- 7 t
10 ' nuclear waste' repository. 'Rbpresentatives' of such agencies - and departments shall meet regularly with the Review Pane'l 12 'to explalMtheir' activities and 6btain the views of'the Panel 13 thereoiii 14 (b)(1) A Review Panel shall cooperate closely with th' e
~
'I5 Committee'in'the preparation 'of a Repository Dsvelopment
?
~ FReport preparsd'pursuahi~to sectiori 303(e)(4)( ).
~
1 O-if (2) rReview Panel shall, within'ninety days after re-18 ceiit of a Repository Development Report pursuant to sec-l 19 tion 303(e)(4)[ aschrtain wheihei th' rep 6rt' adequately' pro-e 2 divides'for tlie protec' tion of State and local interests and may
~
21f hohlipublic hearings on the Repository Development' Report
~
22' in support of this review.
~
~
23 (3) Within ninety days after the Review Panel receives 24 the Repository Development Report, the Chairman of the 25 -Panel, after consultation with other Panel members, may
p
\\
G u) 32 1 submit to the Committee formal objections that the Reposi-2 tory Development Report does not adequately provide for the 3 protection of State and local interests. A formal objection 4 shall state the grounds therefor and shall also propose 5 amendments to the Repository Development Report whose 6 implementation would remove the basis for such objections.
7 The Chainnan of the Panel and other members of the Panel 8 may provide comments on the Repository Development 9 Report to the Committee regardless of whether the Chairman O
10 has submitted formal objections to the Repository Develop-11 ment Report.
12 (c)(1) A Review Panel shall cooperate closely with the 13 Committee in the preparation of a Repository Loading 14 Report prepared pursuant to section 303(f)(1).
15 (2) Such Review Panel shall, within ninety days after l
16 receipt of the Repository Loading Report pursuant to section 17 303(f)(4), ascertain whether the report adequately provides g
18 for the protection of State and local interests and may hold 19 public hearings on the report in support of this review.
l 20 (3) Within ninety days after such Review Panel receives
{
21 such Repository Loading Report, the members of the Panel l
22 shall submit their comments on such report to the 1
23 Committee.
l o