ML20154P418
| ML20154P418 | |
| Person / Time | |
|---|---|
| Issue date: | 10/02/1981 |
| From: | Surmeier J NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Martin J NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| References | |
| TASK-TF, TASK-URFO NUDOCS 9810220320 | |
| Download: ML20154P418 (4) | |
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OCT 0 21981 I
WMPI: 410.3.1 I
MEMORANDUM FOR: JohnB. Martin. Dire $ tar
- t Division of Wasta Management I
FROM:
John J. Surmeier. Section Leader l
Policy Analysis Faction Licensing Process and Integration Branch
SUBJECT:
COMPARISON OF S.1662 AN Sm MN Pursuant to your request I have prepared the attached " quick and 0
dirty co Parison of S. 1882 aad S. aaa+ as Passed bytthe Seaate oa
&WT July 30. - 1980.
l' John J. Surmeier. Section Leader Policy Analysis Section
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Licensing Process and Integration Branch I
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lNRC FOMM 314 (10-80) NRCM 0240 0FFIClAL RECORD COPY uso m in.-au-mo 9kl0PRDLAo..
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l S1662/s2189/ COMPARED I BILL COMPARISON: S. 1662 and S. 2189 as passed by the Senate, 7/30/80 S. 1662 is essentially the same as S. 2198 except as noted below.
Title I: Findings and Purpose S. 1662 finds that persons owning nuclear power plants bear primary responsibility for interim storage of spent fuel; uses slighly different language acknowledging need for state and public participation; does not find need to establish a State Planning Council Nuclear Waste Repository Review Panals or require National Plan; and emphasizes need for a national schedule for waste program.
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Purposes emphasize providing Federal interim spent fuel storage only
(,j "where needed to assure orderly operation" of plants which cannot reasonably provide their own capacity; defining a national schedule; limiting interim storage capacity Secretary is authorized to acquire or construct; and would not accelerate examination of alternative disposal technologies (to monitored retrievable storage).
Title II: Definitions S. 1662: " disposal"- "the long-term isolation of radioactive waste as
[ sic) spent fuel in a repository."
S. 2189: " disposal"- "the long-term isolation of material, including long-term monitored storage which permits retrieval of the material stored."
Title III: Interim Storage of Spent Fuel From Civilian Nuclear Powerplants
(_)j S.1662 limits contracts for Federal interim spent fuel storage capacity f-to plants that the Secretary determines cannot reasonably provide capacity, including adding new on-site capacity or utilizing private off-site facilities (S. 2189 required maximizing available on-site storage capacity only); limits total Federal capacity to '2800 MTU (S.
2189 placed no limits on capacity); establishes a one-time fee that covers only AFR-related costs (S.2189 fee covers disposal of wastes associated with spent fuel, to be recalculated before disposal with surcharge or rebate as necessary).
Both bills amend Sec. 202 (3) of the Energy Reorganization Act to include domestic and foreign spent fuel, but S. 1662 also includes words "or disposal" af ter " storage".
S. 1662 also includes mechanisms to encourage and expedite effective use of existing DIST:
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S1662/S2189/ COMPARED '
i and addition of new on-site storage, including.a DOE cooperative program to develop technology to be licensed by NRC on a generic basis, and a hyb' rid ~1 ice ^nsing 'Frocess Lith' inte' rim',' pih-hearing licenses.
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Title IV: Disposal of High (sic) Radioactive Waste and Spent Fuel From Civilian Nuclear Activities S.1662 in.cludes spent fuel and. specifies that repositories shall be licensed.
S. 1662 does not include monitored retrievable storage under section~on disposal', as does S. 2189.
The bill includes processes and
's~chedules for: EPA standards; NRC technical criteria; identification and recommendation of sites for characterization; Presidential review and selection o' f such sit's; site character 1zation, including NRC concurrence e
on any radioactive materials used; site approval and construction authorization; test and evaluation facilities; National Site Survey
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Program. (S. 2189 contained only a requirement that DOE submit a site characterization report for a demonstration deep geologic repository by Jan. 1985.) The bill does not accelerate research on othe'r alternatives like seabed,' space and very deep hole disposal.
Title V: Long-term Storage of High-level Radioactive Waste and Spent Fuel From Civilian Nuclear Activities S. 1662 specifically describes the proposed monitored retrievable storage facility as being for storage, not disposal, and includes the following caveat: "Long-term _ storage of solidified high-level waste and spent fuel in such facilities shall not constitute an alternative to the disposal of such waste or spent fuel in a repository." The bill does not require that the proposed design accomodate all spent fuel and high-level waste from all on-going civilian nuclear activities fer which permit or license applications'have-been received as does S. 2189. -The bill requires a plan for integrating long-term monitored retrievable storage with interim
[_)T spent fuel storage and repositories.
Title VI: Financial Arrangements 1662 permits the separate account in the Treasury to bb used to S.
acquire or lease as well as construct Federal AFR capacity, and to finance one or more T&E facilities. The bill distinguishes between disposal facilities and long-term storage' facilities, and specifies that both can be financed through the account.
There is no limit on the amount the Secretary can borrow from the Treasury as provided in appropriation acts (S. 2189 limited this amount to $300,000,000). The DIST:
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e S1662/S2189/ COMPARED bill imposes a 1.0 mil per kilowatt-hour fee on nuclear-generated electricity to cover costs of long-term storage and disposal of spent fuel and high-level waste.
Title VII: State Participation in the Development of Repositories and Retrievable, Monitored Storage Facilities For Solidified High-level Radioactive Waste and Spent Fuel S.1662 establishes a consultation and concurrence process similar to that~ contained in S. 2189, but less detailed and complex. Unlike S. 2189, the process applies to retrievable monitored storage facilities as well as repositories.
In addition, the bill does not establish a separate process for repositories containing military waste since it addresses only civilian waste management.
The bill authorizes the Secretary to enter into cooperative agreements with States or Indian tribes upon
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designation of -a site for characterization for consultation and concurrence, provided that the agreement shall not affect.NRC authority in any way.
When a site is selected for a repository, the State or tribe may notify the Secretary of its objections, to be transmitted with the Secretary's comments to.the Congress.
The Secretary will suspend any further activities regarding the site if either House of Congress passes a resolution-stating that the proposal does not sufficiently address State and local concerns to permit the Secretary to apply to NRC for construction authorization.
The resolution is in no way binding on any NRC licensing action with respect to the facility.
Other Provisions S. 1662 does not include provisions on low-level waste, the State Planning Council or the National Plan as were contained in S. 2189.
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