ML20154P366
| ML20154P366 | |
| Person / Time | |
|---|---|
| Issue date: | 10/26/1979 |
| From: | Trubatch S NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Rehm T NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| References | |
| TASK-TF, TASK-URFO NUDOCS 9810220303 | |
| Download: ML20154P366 (39) | |
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A 8 "'%g UNITED STATES l
(pt 0,, NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555
%..) nnsa n October 26, 1979 MEMORANDUM FOR: 'Thoma . Rehm, EDO FROM: L Sheldon L. Trubatch, OGC
SUBJECT:
COMMENTS ON S. 1821 Senator Ribicoff, Chairman of the Committee on Governmental Affairs, has requested Commission comments on S. 1821, a bill to establish a Nuclear Waste Management Authority. Among other things, this bill would provide for the long-term surface storage of nuclear p waste, extension of the Commission's authority to license waste Q facilities, and State participation in facility siting. I would appreciate your comments by November 9, 1979.
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To establish a Nuclear Weste Management Authority, and f r other purposes.
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IN TIE SENATE OF THE UNITED STATES SEPTEMBER 25 (legislative day, Jcxz 21), 1979 Mr. MArnIAs introduced the follov.ing bill; which was read twice and referred jointly by unanimous consent to the Committees on L.ergy and Natural
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Resources, Enviros. ment and Public Works, and Governmenial Affairs-A BILL To establish a N; lear Waste Management Authority, and for i p .
LJ other purposes.
1 Be it enacted by the Senate and House of Representa-2 tives of the Un: led States of.4merica in Congress assembled, .
3 That this Act vaay be cited as the " Nuclear Waste Manece-4 ment Reorcan::ation Act of 1979".
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5 TITLE I-DECLARATIONS OF FINDINGS AND G PURPOSES; DEFINITIONS I DECLARATIONS OF FINDINGS AND PURPOSES 8 SEC.101. The Congress finds that-k
l-2 l' (1) there is a concern among the citizenry, within i
2 the scientific community, and within the international ;
3 community of nations with regard to the potential for 4 present and future contamination of the natural and 5 human environment by radioactive and toxic sub- !
6 stances which are produced through the use of nuclear 7 energy no matter what the purpose; 1 8 (2) thirty years of effort by the Federal Govern-9 ment have been ineffective in establishing and imple-10 menting a nuclear waste management policy; 1!
11 (3) the American public is increasingly skeptical 1 12 of the ability of present Federal institutions to deal 1, 13 with the long-term management and safe disposal of '
14 . nuclear wastes;, i ':
15 (4) nuclear wastes from civilian and military pro- :
16 grams are rapidly accumulating and represent a poten- :
17 tial long-term hazard to public health and safety; -
18 (5) the Department of Energy and. its predecessor f
19 agencies have been ineffective in pror: ding the neces.- <
20 sary leadership on the nuclear waste management
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21 issue; in part, due to their conflicting responsibilities 22 for energy policy, supply, and technolog cal develop-I L 23 ments; 24 l
(G) the recent report to the President by the 25 Interagency Review Group on Nuclear Waste Manage-
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1 ment, while a valuable contribution to the discussion of 2 the issues, demonstrates the ineffectual nature of com- ,
v' 3 mittee decisions by offering compromise positions and 4 noncommittal recommendations;
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l 0 (7) there is a ci.;r.. g m.- w'~ establish a poli-I
! G cymaking framework which will assure the develop-7 ment of a national nuclear waste disposal plan, and
, 8 will establish a decisionmaking process with clearly de-O, 9 fined authority for decision; 10 (8) Congress should maintain strict oversight over 11 decisions involving nuclear waste policy;
, i2 (9) An independent executive agency should be 13 established which will develop policies for, and estab- !
14 lish and manage facilities far, the treatment, storage, i
I 15 and ultimate disposal of nu;1 ear wastes from military I O le weapons programs and the government and commercial i 17 nuclear power programs;' l 18 (10) while there may be some delay attendant to I
19 the establishment of a new agency, such delay is justi-
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20 fied by the long-term benetits of establishing a func-21 tional decisionmaking procesa; 22 (11) Congress should declare that it shall be a na-f 23 tional policy to provide for long-term storage of fuel
- 24 from domestic nuclear reactors and for military wastes:
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l 4 1 (a) the technology for such long-term storage i 1:
2 presently exists and it is technically feasible to 2 l
3 safely store nucleu wastes for decades; 3]
l 4 (b) long-term storage will permit delib'erate, .
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5 scientific research, development, and demonstra- o 6 tion of safe permanent means of nuclear waste 6l l 7 disposition; I 8 (c) long-term storage allows for decay of ra- S V o 9 dioactive isotopes and heat from nuclear waste-,
10 facilitating safe permanent disposal; l 10 ;
11 (d) long-term storage permits recovery of 11 I 12 valuable energy resources in the spent fuel from 12 13 nuclear reactors, if the Nation should decide on 18 14 such an energy policy. 14 15 SEC.102. Therefore the Congress declares that it is the If Q 16 purpose of this Act: -
IC 17 (1) To establish an independent executive agency 17 18 to be known as the Nuclear Waste Management Au- IE 19 thority (hereinafter in this Act referred to as the "Au- l!
20 thority"). The Authority shall have the sole responsi- 2C 21 bility for and shall be required to develop a nuclear 23 22 waste treatment and disposal plan. 2I 23 (2) To establish an interim program of long-term 22 24 o storage of nuclear wastes. -
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O O l 5 Le . 1 (3) To establish the jurisdiction of Federal agen-b 2 cies and the States with respect to management, stor-l 3 age, and disposal of nuclear wastes.
., 4 (4) To establish a nuclear waste trust fund, i u- 5 (5) To direct the Authority to take the lead with j 6 the Department of State in fostering international co- .
I operation in developing solutions to . nuclear waste
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8 management problems.
9 DEFINITIONS 10 SEc.103. For the purposes of this Act-lf , 11 .(1) the term " Department" shall mean the De-l, i 12 partment of Energy; i
l- l .13 (2) the term " Secretary" shall mean the Secre-l 14 tary of Energy; y 15 (3) the term " Authority" shall mean the Nuclear O 1e waste uanagement iuthority estabiishea 37 section li 202 of this Act; l.
18 (4) the term " Executive Director" shall mean the
.; 19 Executive Director of the Authority;
- l. 20 (5) the term " nuclear waste" shall mean high-
.-- 21 level waste, transuranic contaminated waste, and low-t 22 level waste; 23 (6) the term "high-level waste" shall mean the 24 highly radioactive wastes resulting from the reprocess-i 25- ing of spent nucicar fuel, and includes both the liquid l
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6 1 waste which is produced directly in reprocessing and l
2 any solid material into which such liquid waste is l 'S made; J
4 (7) the term " transuranic nuclear waste" shall 5 mean material contaminated with elements having an- ,
_6 atomic number greater than 92, including neptunium, j i_
7 plutorium, americium, and curium, in concentrations of l]
L 8 greater than 10 nanocuries per gram;
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\ i 9 (s) the term " low-level waste" shall mean materi-10 al contaminated with radioactive elements emitting :l 11 beta or gamma particles or with traces of transuranic :
12 elements in concentrations less than .'0 nanocuries per :
13 gram; ;
14 (9) the term " spent nuclear fuel" shall mean fuel :
n O 15 which has been discharged from a nuclear reactor fol- -]
16 lowing irradiation, whose constituent elements have 17 not been separated by reprocessing; and 18 (10) the term " radioactive mine and mill tailings" 19 shall mean the radioactive remaining portion of metal-bearing ore, such as uranium, after some or all of the 20 s
l 21 metal has been extracted.
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- 7 l 1 TITLE II-NUCLEAR. WASTE MANAGEMENT i
2 AUTHORITY
- 3. ESTABLISHMENT AND FUNCTIONS L1 4 Sec. 201. (a) There is established an independent ex-
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5 ecutive agency to be known as the Nuclear Waste Manage-
- , 6 ment Authority. The Authority shall be headed by an Execu-lf 7. tive Director appointed in accordance with the provisions of
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8 section 202.
l-' 9_ (b) All functions, powers, and duties of the Department T 10 cf Energy with regard to nuclear waste management, stor- ,
1 11 age, and disposal are hereby transferred to the Authority.-
lr 12 (c) Subject to the provisions of this Act, the Authority 13 shall perform functions as are necessary to carry out the pur-ld, -
14 poses of this Act including the-
. p- 15 (1) acquisition of existing nnelear waste facilities a
j e- 16 not owned by the United States; 17 (2) establishment of control over existing Govern-18 ment facilities for the treatment, transportation, and l l- - ,
19 storage of nuclear wastes and spent nuclear fuel, in-l.e. 20 cluding casks, buildings, vehicles, equipment, and other L 21 materials associated with such facilities;
- 22 (3) design, construction, operation, and manage-23 ment of all temporary and permanent nuclear waste 24 facilities within the United States and all Government-
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1 owned away-from-reactor facilities for the storage of j l
2 spent nuclear fuel; f.
3 (4) establishment of programs for the treatment, t
4 management, storage, and disposal of nuclear wastes 5' and spent nuclear fuel, including necessary research 6 and de'.elopment activities related thereto; (5) establishment, collection, and deposit of fees in h
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8 the Nuclear Waste Management fund for nuclear waste 9 treatm;nt services and storage of nuclear wastes and 10 spent nuclear fuel; 11 (6) establishment of a Nuclear Waste Treatment 12 and Disposal Plan outlining how, wi.ea, and where the
'13 United States shall accomplish the safe disposal of its. .
14 existing and future nuclear waste and the storage of n
U 15 spent nuclear fuel; and :
16 (7) promulgation of such rule.s and regulations to 17- implement the authority granted under this Act.
18 (d) Nothing in this section shall be construed to grant to
- 10. the Authority regulatory functions of the Nuclear Regulatory 1 20 Commission held by such Commission on the date of enact-21 ment of this Act.
I 22 (e) All functions, powers, and duties of the Department 23 of Energy with regard to radioactive mine and mill tailing L
24 are hereby transferred to the Authority. Nothing in this see-
!5 tion shall be construed to grant to the Authority regulatory 1
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- 1.01 management functions with respect to radioactive mine 2 and mill tailings of the Federal agencies, States, Indian
- 3 tribes, or private enterprises as set forth in the Uranium IIlll 1
4 Tailings Radiation Control. Act of 1978 (Public Law :
1 5 95-634).
l 6 OFFICEES AND PERSONNEL 7 SEc. 202. (a) The Executive Director and the Deputy 8 Executive Director, shall be appointed by the President, b[
9 and with the advice and consent of the Senate.
10 (b) The President shall appoint the Executive Director 11 and the Deputy Executive Direc+.or from among individuals
'12 who by reason of their general background and experience L
13 are specially qualified to manage a full range of nuclear l
14 waste management programs.
15 (c) There shall be in the Authority a General Counsel 0 16 who shall be appointed by the Executive. Director and who li shall serve at the pleasure of and be removable by the Ex-18 ecutive Director. Officers appointed pursuant to this section 19 shall perform such functions as the Executive Director shall 20 specify from time to time. The Executive Director shall dele-l L 21 gate to one such officer a special responsibility for interna-22 tional cooperation in all nuclear waste management pro-l 23 grams.
l 24 (d) Except as otherwise expressly provided by law, the 25 Executive Director may delegate any of his functions to such y .
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u O 10 1 officers and employees of the Authority as he may designate, 1 2 'and may authorize successive redelegations of such functions l2.
3 as he may deem necessary or appropriate. 3g 4 (e) The Executive Director ii authorized to select, ap , 4:
5 point, employ, and fix the compensation of tuch officers and 5;
.6 employees, including attorneys, as are necessary to perform _6
. fg 7 the functions now or hereafter vested in him and prescribe 7
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8 their functions. Positions and current Budget authority of the'. 8 9 Department' of Energy relating to nuclear waste disposal 9 10 shall be trar.sferred to the Authority ninety days after the 10 l 11 date of enactment of this Act. 11 l 12 (f) The Executive Director is authorized to obtain serv- 15 l 13 ices as 'provided'by section 3109 of title 5 of_ the United 12 l 14 States Code. The Executive ~ Director is attthorized to pay 1-: ,
() 15 transportation expenses, and per diem in lieu of subsistence li 16 expenses in accordance with chapter 5] of title 5 of the il 17 United State; Code for travel while at places of duty, of per- l'
_18 sons appointed for emergency, temporary er seasonal serv- l' 10_' ices in the field services of the Authority. 1:
20-- (g) The Executive Director is authorized to utilize on a 2-21 reimbursable basis, the services of any personnel made avail- 2 l
22 able by any department, agency, or instrumentality including 2 23 any independent agency of government. 2 24 (h) The Executive Director is authorized to estab!ish ad- i 25 .visory boards, in accordance with the provisions of the Fed- i
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11 y 1 eral Advisory Committee Act (Public Law 92-463), to advise 2 with and rnake recommendation-to the Authorify on legisla-3 tion, policies, administration, research, and other matters. i 4 (i) Notwithstanding any other provisions of law, the Ex-5 erutive Director is authorized to employ persons who are not.
6 citizens of the United States in expert, scientific, technical, or 7 p;ofessional capacities whenever he deems it in the public 8 interest.
9 AmnNISTRATIVE PROVISIONS SEc. 203. (a) The Executi' e Director shall prescribe
- 11 such policies, standards, criteria, procedures, rides, and regu-12 lations as he may deem to be necessary or appropriate to 13 perfonn the functions prescribed by this Act. ,
14 (b) The Executive Director shall engage in policy plan-0 15 ning, and perform program evaluation analysis and such 16 other studies, as may be necessary to promote the efficient 17 and coordinated administration of the Authority and properly 18 assess progress toward achievemeat of its stated goals.
19 (c) The Executive Director is authorized to establish, 20 maintain, alter, or discontinue such State, regional, district, 21 local, or other field offices as he may deem necessary or ap-l 22 propriate to perform the functions prescribed by this Act.
23 (d) The Executive Director shall cause a seal of the i
l 64 office to be made for the Authority of meh device as he shall 25 . approve and judicial notice .shall be taken of such seal. .
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.1 (e) Notwithstanding any other provision of law, the Nu- 1l 2'
2 clear Regulatory Commission shall have exclusive licensing 3
3 and related regulatory authority including but not limited to
' 4 4 the establishing of rules, criteria, and >', ' ' .' .: . . ' : . gard
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o 5 to all existing and future commercial nuclear waste materials, 6 all nuclear waste treatment and storage facilities and all 6' 7
7 spent fuel storage facilities including-
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V S (1) temporary storage; 9
9 (2) permanent disposal; 10 10- (3) treatment of commercial high-level waste and transuranic nuclear waste; and 11 '
, 11 12 12 (4) transportation of nuclear wastes.
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13 (f) Except for public buildings as defir.ed in the Public 14 14 Buildings Act of 1959, and.with respect to the lease space if 5 subje t t the pr visi ns f the Reorganization Plan Number O 16 18 of 1950, the Executive Director is authorized to acquire IC l ~-
17 (by purchase, lease, condemnation, or otherwisc), construct, 1:
IS improve, repair, operate, and maintain facilities and real l'
19 property as the Director deems to be necessary in and out-2 20 side the District of Columbia, except that such authority shall 2
i 21 apply only to facilities required for the maintenance and oper-L 0
- ' 22 ation of facilities, quarters, and related accommodations for 23 employees and dependents of employces of the Authority and 24 such other ryecial purpose real property as the Executive i
! 25 Director deems to be necessary in and outside the District of t
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!lj 1 Columbia. Title to property or interest therein, real, person- l 2 al, or mixed, acquired pursuant to the provisions of this sec-3 tion shall be in the United States.
(g)(1) The Executive Director is authorized to provide, l 4 1 5 construct, or maintain, as necessary and when not otherwise 6 available, the following for employees and their dependents ll 7 stationed at remote locations:
8 (A) emergency medical services and supplies;
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9 (B) food and other subsistence supplies; 10 (C) messing facilities; d
11 (D) audio-visual equipment, accessories, and sup-12 plies for recreation and training; 13 (E) reimbursement for food, clothing, medicine, lic 14 and other supplies furnished by such employees in
- e 15 emergencies for the temporary relief of distressed per-2r
(~') 16 sons; l re '
17 (F)living and working quarters and facilities; and 18 (G) transportation for school age dependents of 31 19 employees to the nearest appropriate educational facili-20 ties.
all 21 (2) The furnishing of medical treatment under subpara-3r.
22 g aph (A) of paragraph (1) and the furnishing of services and 3r 23 supplies under subparagraphs (B) and (C) of paragraph (1)
- 3 24 shall be at prices reflecting reasonable values as determined
, ec 25 by the Executive Director.
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1 (h) The Executive Director is authorized to require any 2 of the following described rights if the property acquired 3 thereby is for use in, or is useful to the performance of the
' 4 functions vested in him: t, 5 (1) copyrights, patents, and applications for pat-6 ents, designs, processes, specifications, and data; .
7 (2) licenses under copyrights, patents, and appli-O 8 c tionS i r Patents.
9 INTERAGENCY COOPERATION 10 SEc. 204. Each department, agency, and instrumentali- :.
11 ty of the c.cecutive branch of the Government is authorized _: .
12 and directe'l to fuinish the Authority, upon the request of the :
.13 Executive Director, any information or other data which the .
14 Executive Director deems necessary to carry out his duties .
15 under this Act.
O 1e rirts 111-toxo-runn sunrics sronioz 17 sEc. 301. The Congress hereby finds that-IS (t) considerable research and development activi-19 ties have been carried out over the isst two decades on 20 the long-term storage and permanent disposal of nucle-21 ar waste and spent fuel;
- i. 22- (2) it appears technically feasible to safely store l
l 23 nuclear waste and spent fuel in geologic media for l
24 many thousands of years; w
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- T 1: (3) safe, long-term surface storage of nuclear, id 2- waste and spent fuelis readily achievable;- )
c 3 (4) there are no technical, environmental, or eco- ,
4 nomic reasons requiring early operation of either a per- !
5 manent repository or a long-term storage facility for G nuclear waste and spent fr el; -
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l- 7 (5) further research and development into alterna-l
' (] 8 tives for permanent disposal will permit a higher 9 _ degree of confidence and a more cost-effective design. !
l l -- 10 SEc. 302. Therefore, Congress declares that it is the !
1 1 11 purpose of this title to provide fo.- the long-term smface stor-le '12 age of military nuclear waste spent fuel and nuclear waste le 13 from domestic nuclear reactors and, where appropriate and i
!8 14 consistent with applicable law, foreign nuclear reactors. . I 15 Szc. 303. The Executive Director is authorised to con-i 16 duct a study into the feasibility of long-term surface storage 17 of nuclear waste and spent fuel, and shall select a site or sites l- 18 for such storage and construct ore or more facilities for such l1 10 storage in accordance with the provisions of this title.
l- 20 SEc. 304. Each site for a facility for long term storage l 21 of spent fuel and nuclear waste (hereinafter in this title re-I 22 ferred to as "long term facility") shall be located on a Feder-l- 23 al reservation at which there are ongoing nuclear activities at 3
24 the time of enactment of this title.
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1 SEc. 305. The long-term facility shall provide surface 2
2 or near-surface storage, and shall be designed to store spent 3 fuel and nuclear waste for at least one hundred years, and to [ 3
-4 permit retrievability of such stored spent fuel. Such long-u
. 5 term facility shall utilize pascive cooling, and shall permit 0
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6 modular construction of storage units.
7 SEC. 306. The Executive Director shall take all appro-c O
s priate steps to assure that a long-term facihty, including the 9 initial module of storage units, shall be available to receive Ef IC l 10 and store sIent fuel by January 1,1988.'
11 i 11 SEC. 307. Within one year from the date of enactment li 12 of this Act, the Secretary shall submit to the President, each L
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13 House of the Congress, and the Governor of the State in 1-14 which the site of the long-term facility is to be located, a 1;
15 report with detailed recommendations, inchaing but not lim- - !
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1 17 (a) selection of the site for the long-term facility, 1
18 as described in section 304; 1l 19 (3) the general design of the lon;-term facility, as c
20 described in section 305; S
! 21 (c) a schedule for detailed design, environmental i e
! 22 review, licensing and construction to support availabil-5 23 ity of long-term facilitics consistent with the date spec-24 iiicd in section 30G; g
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Q 17 1 (d) criteria for the packaging and condition of 2 spent fuel and nuclear waste at the time of its receipt l
3 at a long-term facility; 4 (e) the projected cost per year for the design, con-5 struction, and operation of the long-term facility over tj 6 its design life; 7 (0 the proposed criteria for determining the fees ,
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. S to be charged for long-term storage and ultimate dis-O 9 posal of spent fuel and nuclear waste; 10 (g) an estimate of the fees to be charged; 11 (h) projected storage capacity and facility require- I 12 ments in yearly increments through the year 2000, as-13 suming continued deferral of reprocessing; t
14 (i) the organizational and management approach 15 for construction and operation of the long-term facility.
16 Src. 308. (1) The Executive Director shall enter into O 17 contracts to accept and take title to, and to provide long-term 13 storage and ultimate disposal of spent fuel and nuclear waste.
19 The fees for such services shall be established on a 20 nondiscriminatcry and the one time basis and shall provide l
21 for recovery of the Government's costs. Contracts entered la i
f, 22 into pursuant to thi3 Section shall provide for the refund of an 23 appropriate portion of the fee in the event that it is deter-l 24 mined that spent fuel may be reprocessed and the spant fuel 25 is returned to the former owner for reproeecing.
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- : 1 -. (2) The Executive Director shall establish criteria in 2 writing setting forth the terms and conditions under which .;
i l 3 services provided under this section shall be made available:- >
4 Provided, That before the Exeev: 2h. 7 e" blishes ii
'5 such critieria', the proposed criteria shall be submitted to the 6 Senate Energy and Natural Resources and House Science 7 and Technology Committees, and a period of forty-five days
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lAJ -8 _'shall elapse while Congress is in session (in computing the .
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i 9 forty-five days there shall be excluded the days in which 10 either House is not in session because cf adjournment for 1l>
11 more than three days) unless the aforementioned committees ,
L 12 by resolution in writing waive the conditions of, or all or any 1
13 portion of, such forty-five-day period. .
f 14 SEc. 309. Section 202(4) of the Energy Reorganization ,
L 15 Act of 1974 is amended to read: ,
'16 "(4) Retrievable Surface Storage Facilitics and
'17 other facilities for the express purpose of subsequent 18 long :erm storage of high-level radioactive waste or u
19 spent fuel, which are not used for, or are part of, re-L 20 search and development activities.".
21 SEC. 310. All requirements imposed by the National u
22 Environmental Policy Act of 1969 (Public Law 91-190) for L23 the preparation of a detailed statement and the consideration
-24 of alternatives with respect to the siting, design, licensing, 1
l, .25 construction,'and ' operation of the long term facility shall be L
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19 ica 1 met by the preparation by the Executive Director of a de-2 tailed statement: Provided, That with respect to the require-es 3 ments imposed by the National Environmental Policy Act of il 4 1969, this Act shall be' de'emen acequate consideration of the
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, 5 need for the long-term facility, the timing of the initial avail-6 ability of the long-term facility, alternative sites for the long-75 T term facility, and alternative methods for the long-term stor-le Q ,
- 2 8 age of spent fuel and ' nuclear waste: Provided further, That
- r 9 no further consideration of such matters shall be required.
10 SEc. 311. The Nuclear Regulatog Commission shall as.
11 not deny, withhold, or delay the granting of licenses for nu-
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12 clear power reactors based upon any finding or determination 13 concerning the status or progrecs of programs and facilities so. l 14 for the long-term storage or pe'manent disposal of nuclear O 5 wastes and spent fueh Pr vided, That nothing herein shall be 2 16 construed to affect the Commission's consideration of the en-17 vironmentalimpacts of such long-term storage of permanent I 18 disposal in its review pursuant to the National Environmen-a-
19 tal Policy Act of 1969 of the licensing of such reactors.
20 TITLE IV-NUCLEAR WASTE TREATMENT AND 11 21 DISPOS E 22 THE GENERAL PLAN a
23 SEC. 401. Not later than one year after the date of en-24 actment of this Ac:, the Authority shall submit to Congress a 25 Nuclear Waste Treatment and Disposal Plan (hereinafter re-
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i 20 lt 1; ferred to as the " Plan"). The Plan shall contain timetable I 2 and budget for any research, demonstration, or development S activity that is needed to determine the appropriate methods i~
4 for the safe treatment, transportation, and disposal in perpe-5 tuity of high-!evel and transuranic nuclear waste, and spent 6 nuclear fuel. The Plan shall identify any technical uncertain- ,
n 7 ties that need to be resolved by scientific or engineering stud-A._/ ,
I 8 ies prior to the siting and construction of any liquid waste 9 ' treatment p'. ants or permanent nuclear waste repositories.
10 The generalPlan shallinclude-l 11 (a) a program (including schedules) for siting, con- i I
12 struction, and operation of nuclear vaste treatment 13 plants needed to convert the existing and projected in-d-
'14 ventorf of liquid nuclear waste to'solil form - by 1995; b.
15 (b) a program' for. safely moving spent nuclear i 1G fuel, and high-level and transuranic nuclear waste from 17 point of origin to any intermediate points and to final .
15 disposal in repositories; 19 (c) a program (including schedules) for siting, con-
-20 struction, and operation of pilot or experimental
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21 nr wtste facilities and their projected costs and dura-s 22 tion; 20 (d) a program (including schedules) for siting, con-24 struction, and operntion of permanent nuclent waste 25- repositories that will be required by the ycar 2000 for
O O 21 1 the safe disposal of high-level nuclear waste, transur-a 2 anic waste, and spent nuclear fuel, including the devel-3 opment of engineering specifications and designs for 4 the construction of permanent repositories and the de- ,
I
- h. 5 velopment of specific information required to proceed
+ 6 with the siting, construction, and operation of such re-r 7 positories; f 8 (e) the financial provisions for the implementaiton n
V 9 of the Nuclear Waste Management Fund authori::ed by l 10 section 501 of this Act, including estimates of the cost ,
i l H 11 of acquisition of any facilities not owned by the Au- I y 12 thority;
- 13 (0 a program (including schedules) for siting, con-l-
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$ 14 struction, and operation of facilities for the interim i
f 15 storage of spent fuel at tway-from-reactor sites that l
s 16 will be available for operation by January 1,1984; and O-3 17 (g) an identification of all generic and site specific
- 18 environmental impact statements to be issued by the y 19 Authority in connection with this Plan and facilities o
20 described in subsections (a), (c), (d), and (0, above, and
[o 21 the schedules for their issuance.
22 THE SITE DEVELOPMENT PLAN i
L 23 SEc. 402. (a) Concurrent with the submittal of the r 24 budget for the Authority and no later than January 30,19S1.
F 25 the Authority shall submit to the Congress individual. site l
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y 1 development plans for one or more liquid waste treatment l g
2 plants and one or more high-level and transuranic nuclear .
! 4 L 3 ' waste, and spent nuclear fuel repositories.
f 4 (b) The site development plans required by subsection !
5 (a) shallinclude- !
~~
'1 6 (1) the specific locations of the most technically '
Y, n 7 feasible liquid waste treatment plant and repository 8 sites; l
j ~9 (2) the status of the designs and engmeenng i 1l 10 specifications of any liquid waste treatment plant or re- ,
i
- 11. pository sites, including any contracts entered into for -
l 12 such designs by the Authority; 13 (3) an identification and status report on all li- ,
- 14 censes, permits, and other regulatory requirements of 1
. (" )
15 Federal, State, and local agencies related to the devel-16 opment of liquid waste treatment plants or proposed 17_ repository sites, and for the transport of nuclear waste 18 materiais to such sites; and 19 (4) the estimated capital and operating costs of u 20 each liquid waste treatment plant or repository site L 21 recommended by the Authority.
1 22 AMEND 31ENT AND APPEOVAL OF PLANS 123 Sec. 403. (a) Tne Executive Director may make j l
l 24 a:nendments to the general Plan or the tite development plan l
l
l O O I
l 23 l 1 within the first sixty days after such plans are submitted to ilt 2 Congress for approval.
3 (b) Any Committee of the Congress to which a plan is l
\ n' 4 referred i: . cordance with the rules of each House may, t
5 within ; .uy days of submittal, report to its respective House i a resolution disapproving of the plan. If a resolution of disap- '
,.y '
y 7 provalis not passed by both Houses within thirty days after !
g J the resolution is reported, such plan shall be considered ap-I 9 proved. l 10 (c) In the event a plan is disappz;oved, the Authority
> i-
, :r 11 shall revise and resubmit the plan within sixty days of such 1
12 disapproval. Congress shall hr.ve sixty days from the date of 1
, 18 submittal to enact a resolution of disapproval.
1-14 LOW-LEVEL WASTE
- f li, SEC. 404. The Authority shall prepare and submit to j 1%,-) 16 the Congress within one year after the date of enactment of d-17 this Act a plan:
- e l 18 (a) defining the reed for additional low-level 19 waste sites (with designetion of specific sites to be de-20 veloped, if any), and the need for remedial action, if a
21 any, for existing low-level facilities; 22 (b) providing for the performance of additional re-23 search and development, as needed; and
,e 24 (c) projecting the cost for the actions defined in 25 subsections (a) and (b).
Ii
O O 24 1 STATE PARTICIPATION 2 SEC. 405. (a) Upon the selection of a site for any nucle-3 at waste treatment facility or permanent repository, the Ex-4 ecutive Director shall notify the Gemt..d..~4= State I 5 within fifty miles of the proposed facility, in v,Titing, of such G selection, and shall furnish each Governor all relevant infor- ~
7 mation concerning the identification of such site and the plans O 8 for development of such site.
9 (b) The Executive Director shall work closely with and i
10 consult with each such Governor. -
\
11 (c) The Authority may reimburse a Governor for the :
12 reasonable cast of his consultation with the Executive Direc- ;
13 tor, analyses, and other work performed hv the State, and :
14 other costs incurred by the State as a result of the siting and :
15 construction of a facility. -
0 16 (d) The Authority shall hold hearings on the Nuclear .
17 Waste Treatment and Disposal Plan in Washington, District IS of Columbia, and at a location within fifty mi!es of any pro-19 posed facility and at any other relevant location, if deter-20 mined by the Executive Director to be required to ventilate 21 fully the issues, prior to the date of submittal of such plans to 22 Congress.
23 (e) The Executive Director shall seek advice from inter.
24 ested industry, public interest, governmental, scientific, and 25 other organization and individuals in the e.;tablishment of l _ _ _ . . . . . . _ - ----_ -
r O O 25 1 s!te development plans, prici to the submittal of such plans to 1
2 Congress. j 3 (i) The Executive Director shall consult with the Chair-4 man of the Nuclear Regulatory Commission, the Administra- ;
5 tor of the Environmental Protection Agency, the Chairman 6 of the Council on Environmental Quality and the Secretaries .
7 of State, Defense, Energy, Interior, and Transportation in O 8 the establishment of all waste plans.
9 (g)(1) The Governor of any State located within fifty 10 .niles of a planned facility shall 1 ave the right to file a formal 11 objection with the Executive Director with regard to any 12 aspect of the site development plans of such facility. Any 13 such objection shall specify the nature of and reasons for the 14 objection position. Such objection shall be filed with the Ex-15 ecutive Director prior to the da':e of submittal of such plans
'O 16 to Congress. An objection shall propose amendments to the 17 plan, which if implemented, would remove the basis for such 18 objection.
19 (2) In the event of a formal objection to a site develop.
20 ment plan by a Governor, the Authority may not implement 21 any aspect of such plan unicss the Executive Director makes 22 provision for resolving such objection, including the imple-
. 23 mentation of any amendments submitted with tho objection,
! 24. or un! css the Executive Director makes a finding that the
- 25 plan as prepared is necessary in order to provide for environ- .
0c O j 26 1 mentally safe storage of nuclear waste, and the proposed 2 amendments submitted with the objection should not be im-3 plemented. .,
4 (3) In the event of such a fink ';,...' O. re: ...>.~ Di- fj i
5 rector, the Executive Director shall notify the Governor in 6 writing of the nature of and justifications for such a finding. l 7 The Executive Director shall also submit the plan, objection, 1
<)
8 and finding to the Congress, which shall have sixty days, 9 during continuous session, to approve the plan. For purposes j 10 of this section, the period of continuous sassion is tolled by l 11 any day in which either House is not in session because of 12 adjournment for more than three days.
13 EFFECT ON OTHER LAYi3 14 SEC. 406. (a) Nothing in this Act shsll be construed to Q 15 affect the authority of the Nuclear Regulatory Commission to 16 license and regulate high-level radioactive waste storage and l 17 disposal pursuant to section 202 of the Energy Reorganiza-l 18 tion Act of 1974 or of byproduct, source, or special nuclear 19 material pursuant to section 201(f) of such Act, 20 (b) The Authority may seek Commission licensing of a 21 facility designated in a site development plan prior to the 22 approval of such plan by Congress. In the event that a plan 23 is amended, applications to the Commission shall be amended 24 cecordingly.
p n - _ _
LJ V 27 1 1 (c) Nothing in this Act shall exempt the Authority from 2 the requirements of the National Environmental Policy Act, 3 unless specifically stated.
t 4 (d) The Autle-Wid?,r .?'.< e.4 ' Ocvironmental Re-1 5 ports and Environmental Enp..ct Statements as may be re-6 quired by the National Endronmental Policy Act in conjunc-7 tion with nuclear waste plans, development plans, and other
., O 8 pians in a timely ana expeattious manner.
s 9 TITLE V-FUNDING y 10 NT; CLEAR WAGTE SIANAGE .ISNT FtJND ESTABLISIDIENT
.f 11 AND POWERS 12 SEc. 501. (a) There is established in the Treasury of the 13 United States a Nuclear Wasta Management Fund (herein-o 14 after referred to as the " Fund"). The purpose of the Fund is <
o g 15 to provide capital and operating expenses which are neces-i/
d" 16 sary for planning and administration, research and develop-17 ment, management, transport, treatment and disposal, and
.r 18 perpetual care and maintenance of commercially generated if> nuclear wastes, and such other financial needs as arise in the a
20 implementation of this Act with regard tu such commercially e 21 generated wastes.
n 22 (b) The Fund shall be administered by the Executive
.d 23 Director without the requirement of annual authorizations in 24 order to secure payment. when due, of the principal of, any 25 redemption premium on and any interest on all Fund bonds.
-- ^
I
.*Me AK.- /,hssl3,whAX # b L*.S g d *
- W 28 1 by a first pledge of a lien on all revenues payable to and i
2 assets held in the Fund, and to carry out the purposes, func- !'
3 tions, and powers authorized in this Act. )
4 (c) In order to achieve the objectives and to carry out 5 the purpose s of this Act the Executive Director may-6 (1) issue and sell securities and Fund bonds; 1 7 (2) make and enforce such rulee and regulations d^
8 and make and perform such contracts, agreements, and 9 commitments as may be necessary to carry out the 10 purposes of this Act;
, 11 (3) prescribe and impose fees and charges for 12 services rendered by the Authority pursuant to this Act; .
13 d) settle, adjust, and compromise, and with or 14 witheat consideration or benefit to the Fund, release or I r'
t) 15 waive, in whole or in part, in advance or othenvise, 1
l 1G any claim, demand, or right of, by or against the Ex-17 ecutive Director or the Fund; 18 (5) sue or be sued, complain and defend in any l
19 State, Federal, or other court; l
20 (6) acquire, take, hold, own, deal with, and dis-21 pose of any property, including bonds issued under the 22 provisions of this title; and 23 (7) determine in accordance with appropriations, i 24 the amount to be withdrawn from the Fund and the 25 manner in which such withdrawal shall be effec:ed.
!~
l O O ll
- 29' ;
L 1 (d) There shall be deposited in the Fund--
2 (1) funds received by the Authority for deposit in L 3 the Fund representing the proceeds from the issuance ;
4 and sale of securities and Fund bonds as provided; ;
l 5 (2) income an 7phersarau vi the Fund from j i i 6 any investment of excess funds of the Fund; and l
7 (3) income from fees and charges established pur- 1 8 suant to this Act for the use of nuclear waste facilities
- O-9 operated by or for the Authority.
l 10 :(e) If the Executive Dinctor determines that the i 11 amount of money in the Fund exceeds the amount required l
l 12 for current needs, he may invest such amounts as he deems l
13 advisable in obligations of or obligations guaranteed by the ;
14 Government of the United Str.tes, or in such other govern- i l
I 15 mental agency obligations or r;ther securities of the United ]
O 18 states.
17 (0 The Executive Director may deposit moneys of the 13 Fund with any Federal Reserve bank, any depository for 19 public funds or in such other places and in such manner as 20 the Secretary of the Treasury deems appropriate.
1 21 FUND DONDS i
l 22 Szc. 502. (a) The Executive Director may issue Fund ,
i.- 23 bonds in denominations of S100,000 (or any integral multip!c e- 24 thereo0, and such total amounts as may be authorized by a 25 Congress. No Fund bonds- .
l.
I
_ cJ' _ _ _
I
! ;l i
l 30 L 1 (1) shall be issued which mature in less than eight .
- 2 or more than fifteen yeart fror;.e .3- ,:, 4.:/;'.,..1 is-i 3 suance thereof; !
l 4 (2) shall be issued later than the tenth anniversary
]
5 of' the date of publication of the final standards and
.g
'V '6 designations under this Act; and i
7 (3) shall, except as otherwise provided pursuant to )
1 8 -this Act, be subject to redemption (at the option of the 9 Executive Di ector)-
10 ,
(A) at any time prior to the tenth anniversa- 1 11 ry date of the originalissuance thereof, and 1H 12 (B) at any time thereafter. I q 13 (b) For purpose of securing the payment when due, or 1 v
14 the principal and ~any redemption premiums on, and any in- 1 15 terest on all Fund bonds, and for other purposes incidental 1 10 thereto the Executive Director shallimpose a first pledge of 17 and a first lien on all revenues payable to the assets held in :
18' the Fund, for the use of the Executive Director pursuant to i 19 this Act. The Executive Director may impose such-a pledge
- 20. of and lien on all other revenues or property of the Fund.
21 Such incidental purposes may include the creation of reserve :
[
22 and other funds which may be similarly pledged and used, to :
23 such extent and in such manner as the Executive Director 24 deems necessary or' desirable. Any pledge made by the Ex-
' ~
O O 31 1 made. The revenues and assets held in the Fund, and the 2 revenues or property of the Fund which are so. pledged and 3 which are subsequently received by the Fund, shall immedi-4 ately be subject to the lien of such pledge without any physi-5 cal delivery thereof or any further act. The lien of any such 6 pledge shall be valid and binding as against all parties having
- 7. claims of any kind, in tort, contract, or otherwise against the
3 Executive Director or the Fund, without regard to whether 9 such parties have notice thereof, no instrument by which a p 10 pledge is created need be recorded or filed to protect such a 11 pledge.
(c) Tho Executive Director may enter into binding cov-12 p 13 enants with the holders of Fund bonds and with the trustee,
- 14 'f any, under any agreement erttered into in connection with 5 the issuance i such bonds with respect to-
!! O Li 16 (1) the establishment of reserves and other funds;
- t 17 (2) stipulations concerning the subsequent issu-lc 1S ance of obligations; and be 19 (3) such other matters as the Executive Director 1, 20 deems necessary or desirable to enhance the market-he 21 ability of Fund bonds.
a 22 (d) Subject to the provisions of subsection (a) of this sec-tr 23 tion, the Executive Director may determine with respect to
- - 24 Fund bonds-Ie
= . . . . == -- - ...
o O
i 32 t
- 1 (1) the form and denominations in which they
I 1 l 2 shall be issued; ij S (2) the time when they shall be sold, and in what i t
4 amount; ,
' l 5 (3) the time and when they shall mature, 6 (?) the price thereof at sale; 1 j
I p 7 (5) the rate of interest thereon; v
8 (6) whether and in.what manner, they may be re- l 9 . deemed prior to the date when they mature; e.nd (7) whether they shall be negotiable or nonnego- 1 10.
11 tiable and whether they shall be bearer or registered 1 instruments, and any indentures of covenants relating 1 12 1
13 thereto. .
I 14 (e) Fund bonds issued by the Executi,e Director under 'I O 15 this section shall- 1 16 (1) contain a recital that they are issued under I 17 this section, which shall be conclusive evidence as to :
the validity and regularity of the issuance and sale of :
18 such Fund bonds; :
19 (2) be subject to such other terms and conditions :'
20 as the Executive Director may, by resolution authoriz- :
21 l 22 ing the issuance, determine; 23 (3) be lawful investments and may be accepted as l 24 security for all fiduciary, trust, and public funds, in-25 Vestment or deposit of which shall be under the author-
~
a
r 9
1 9
l' 33 y 1 ity or control of any officer or agency of the United 2 States; lc- 3 (4) not be exempted from Federal, State, and t-4 local taxation; and 5 (5) not to be debts or enforceable general obliga-6 tions 'of nor shall be payment of a principal thereof or 7 interest thereon be guaranteed by the United States.
' 1- 8 Neither the full faith or credit nor the general taxing power 9 ef the Federal Government shall be pledged to the payment
>- 10 of the principal or of any premium on or interest on such
.i 11 Fund bonds.
L.; 12 (f) Neither the Executive Director, nor any other indi-18 vidual, who executes any Fund bond shall be subject to any i
L:! .14 personal liability or accoimtability by reason of issuance of l O 15 such bond. l Lar 16 (g) If, after the tenth anniversary of the date of the ;
1
- o 17 original issuance of the initial series of Fund bonds the d' 18 amount in the Fund exceeds 250 per centum of the amount 19 required to satisfy amounts due in the succeeding fiscal year
- s 20 on account of Fund bonds, the Executive Director may use
~
j: ,
21 such excess to redeem Fund bonds in accordance with their 22 terms or may withdraw all or part of such excess from the is 23 Fund and transfer it to the General Fund of the United
, :. 24 States, when all Fund bonds have been redeemed, all
- . . 2.*> amounts remaining in the Fund or thereafter accruing to it
o l
~
O l
34 1 shall be transferred to the General Fund of the United i
i 2 States, except to the extent necessary to cover such expense 3 of the Fund as may be required to carry out completely the t
4 responsibilities of the Authority.
5 FEE SCHEDULES 6 SEc. 503. (a) The Authority shall oe responsible for 1
7 adopting criteria for setting fees, establishing fee schedules, ;
0 8 and collecting fees from all commercial users of its facilities.
9- Prior to adoption of any such criteria, the Authority shall t-j 10 publish proposed criteria for comment and shall consider any 1 l
11 comments prior to adopting its criteria. Such fee schedules 12 shall be established to assure the recovery of the Fund's costs l
13 over a reasonable period-of time. Such costs shall include 14 direct and indirect costs of operating the nuclear waste and Q 15 spent nuclear fuel storage facilities operated by or for the 16 Authority, including appropriate depreciation of such facili-17 ties, process development, office administration, and other 18 Government support functions and imputed interest in plant 19 and working capital.
20 (b) Such fees shall be reviewed no less than annually, lJ 21 and readjusted prospectively from time to time at the discre-l 22 tion of the Executive Director.
.i (c) The Authority shall take title to the nuclear waste a 23.
- ^}
-i 24 and spent fuel transmitted by the user at the time of transfer j 25 of possession.
1
,t l
- m , _ , , _.
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O O l l
l 35 i 1 (d) If the Government of the United States determines le 2 that spent nuclear fuel shall be reprocessed, the Authority 3 3 shall revise its fee schedules to include provisions for the l t '
l 4 return of spent nuclear fuel to facility users should such users ,
t1 5 desire such a return,dq d.,h.. A compensate facility {
- - 6 users in the event the Authority itself reprocesses spent nu- l l
\
, 4 clear fuel or otherwise makes use of or sells spent nuclear l 8 fuel.
o
,Y
- 9 (e)(1) The Authority may not impose any additional fee
!- 10 upon a facility user once it takes title to nuclear waste or j 11 spent fuel: Provided, That in the event that the Authority I lr 12 determines the cost of ultimate disposal of nuclear waste or l l3 13 spent fuel is less than that charged a user for that nuclear l1 14 waste or spent fuel, the Authority shall reduce subsequent
- 3 15 fee schedules accordingly.
e 16 (2) If the Authority determines that ultimate disposal
- , k)T 17 - costs will be more than predicted, it shall recover such costs 18 from current and future users. It may not impose additional 19 charges upon previous users.
- 20 (f)In the event that operation of a repository is carried
- . 21 out by a person other than the Authority, and that such 22 person has leased the repository for such purpose, the fee l3 23 shall consist of-i (r 24 (1) a charge to be determined by the Authority to
- 25 cover perpetual care and maintenance, and research na,--r. m
- ? - - ~
O o ;
36 1: and development, such charge - to be paid into the
'2 Fund; and 3 -(2) a charge to be determined by such person to i t
4; cover operating costs of the person.
-5 NONCOLI31ERCIAL GENERATED NCCLEAR WASTE 6 SEC. 504. (a) The Authority shall provide for planning, 7 administration, research and development, management, l e
.g 8 transport, treatment, dispose.1, and perpetual care and main-9 tenance of all noncommercially generated nuclear waste and 10 spent fuel.
l
- 11 (b) The Executive Director shall deter.nine by rule the l
- 12 allocation of the costs identified in section 503(a), for com-l l
13 mercial and noncommercial material. Only such costs as are
! ' 14 directly related to each type of material may be allocated to ,
4 Q 15 it. All costs identified as attributable to noncommercial nucle-16 at wastes and spent fuel shall be charged against the budget 17 : of the appropriate department of the Federal Government.
18 BUDGETING AND AUTHORIZATION I 19: . SEC. 505. The Congress shall approve all budgets of the 4 20 Authority. The Authority shall compensate the Treasury of 21 the United States out of the Fund for the cost of all research 22 and. development work performed by the Authority and ap-l l;: 23 propriated by Congress where such costs are allocable to 7
24 commercial nuclear waste programs.
,q 1
y , ,- -
O O 37 8
1 ACQMSITION OF FACILITIES 2 Szc. 506. The Authority is directed to take title to any
)
3 ' existing nuclear waste disposal facility not presently imder 4 United States ownership within twelve months after the date 5 of enactment of this Act. It shall provide just compensation !
6 to States or other persons v ho own such facilities. The Ex- '
7 ecutive Director shall recognize existing leasehold interests O 8 in the acquisition and management of such facilities. Changes 9 in title pursuant to this section shall not affect the licensing 10 or regulation of activities at such facilities.
11 AUTHORIZATION OF APPEOPRIATIONS
'12 Szo. 507. There is authorized to be appropriated for 13 fiscal year 1981 such stuns as may be necessary for the ini-14 tial implementation of the Authority and for such other pur-15 poses as the Executive Dire: tor may determine.
Cc 16 TITLE VI-INTERNATIONAL COOPERATION 17 Szc. 601. (a) The Authority shall provide primary tech-18 nical assistance to the Department of State in developing 19 policies for international cooperation in nuclear waste man-20 agement, building on the ' recommendations of the Interna-21 tional Nuclear Fuel Cycle Evaluation (INFCE).
22 (b) The Executive Director shall appoint a commission 23 to undertake a worldwide feasibility study to recommend 24 policies for international cooperation in the management and 25 disposal of nuclear wastes and to indentify foreign site's that
yI
. . .,h li O- O
{ fI- 38 1 might be feasible as repositories for nuclear wastes. To the ;
j J~i -o extent possible, this commission should coordinate its study 1 '
3 with the International Atomic Energy Agency and should l {; 1 i
i; 4 investigate mutually acceptable joint programs for safe con- ,
r .. t l
1 5 trol and permanent disponi u;wuurwastes.
l (c) The results of the study shall be issued in a report, l j' 6 7 which shallinclude recommendations concerning internation-8 al nuclear waue policy, additional legislation needed to fur-Q 9 ther such international cooperation, possible foreign site loca-10 tions, procedures for transporting nuclear waste to any such 11 sites, methods of storage at such sites, and compensation for
! 12 the use of such sites. The designation or feasibility of the ;
13 establishment of an international agency to administer any l
14 such sites in cooperation wit'r the governments in which the 15 sites are located should also be included in the report. The 16 Authority shall transmit the report of the Commission to the 17 President and the Congres~s.
O l
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_.,._;__.........7