ML20154N917
| ML20154N917 | |
| Person / Time | |
|---|---|
| Issue date: | 01/28/1980 |
| From: | Dircks W NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Ahearne J NRC COMMISSION (OCM) |
| References | |
| TASK-TF, TASK-URFO NUDOCS 9810220128 | |
| Download: ML20154N917 (3) | |
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MEi10RANDUft FOR: Chaiman Ahearne i
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Lee V. Gossick, Executive Director for Operations FR0ti:
William J. Dircks, Director, Office of Nuclear Material Safety and Safeguards
SUBJECT:
SENATOR PETE V. DOMENICI'S REQUEST FOR COMf'ENTS ON S. 1350
/7 Attached for your use at the hearing tomorrow are our comments on the
-d bill introduced by Senator Domenici, who asked you in his attached letter of January 17 to give your vieus on it during your testimony.
Our corrents cover both the bill and Domenici's subsequently proposed amendments, but these do not alter otr or,iginal views as expressed on
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page 24 of our insert for the record in response to Chaiman Hart's questions in his letter od December 8.
ilil JAN P i
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O William J. Dircks, Director Ofece of fiuclear Material Safety and Safeguards j
i Enclosures :
1.
NMSS comments on S.1360
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Senator Domenici's request dtd 1/17/80 l
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NMSS Comments on S.1360 and Proposed Amendnints Introduced by Sen. Peter Domenici (R-NM)
S.1360 would require the Secretary of Energy to notify the Governor and the i
State Legislature'of a State in which DOE plans to explore for a site for a geologic storage or disposal facility for HLW, TRU, or spent fuel.
The Secretary and Governor would then negotiate arrangements under which the State, based H
d on " legitimate public health and safety concerns." would have the right to concur or non-concur" at all stages in the planning, siting, development, q
construction, and operation of the proposed facility." Construction of any
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such facility could not begin until such formal arrangements had been entered L
U into, and any such State-D0E agreement would be binding on all Federet a;;encies.
~lin As the Senator proposes to amend it,- the bill would also require that the arrangements include a mechanism for negotiating and resolving State non-concurrence, and for arbitration to determine that the State's reasons for non-concurrence constitute legitimate public health and safety concerns.
pJ The proposed amendments also provide that the State-DOE arrangements be submitted to the President for review and approval.
If the President approves, the arrangements would go to Congress and the appropriate Congressional Committees for review.
If Congress failed to adopt a concurrent resolution of disapproval within 60 days of legislative session, the State and DOE could proceed under their agreement, which would be binding on all Federal agencies.
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!l Although the amendment addresses NRC's previously-stated recommendation
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'that there be a mechanism for the~ resolution of State-DOE disputes, staff comments on the original bill remain as stated on p. 24 of our response to Senator Hart's letter of December 8.
These-comments follow:
This provision is intended to provide Stata concurrence in DOE waste repository activities, and.does not appear intended to affect NRC's j,
>l current authority to license and regulate 00E waste repositories.
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- (J However, this provision could be interpreted as an implicit repeal
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of NRC authority.to the extent provided by an. agreement between a State and DOE. Thus, the NRC recommends that S. 1360 should be amended to explicitly State that no agreement can repeal any current I
NRC authority over licenseable DOE waste facilities.
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