ML20154P475
| ML20154P475 | |
| Person / Time | |
|---|---|
| Issue date: | 07/29/1980 |
| From: | Kammerer C NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA) |
| To: | Ahearne J, Bradford P, Gilinsky V, Hendrie J NRC COMMISSION (OCM) |
| References | |
| TASK-TF, TASK-URFO NUDOCS 9810220339 | |
| Download: ML20154P475 (6) | |
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MEMORANDUM FORilkCha'irman Ahearne 4
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,J in i EConnissioner Gilinsky
. Connissioner. Hendrie Comnissioner Bradford 4
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E0ffice~of Congressional Aff es
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SUBJECT:
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. SENATE CONSIDERATION OF.S. 2189,~"THE NUCLEAR WASTE
- o POLICY ACT"
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- Om Monday. July. 28,1980, the full Senate began consideration of S.12189,
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"The Nuclear Waste Policy act", sponsored by Senators Johnston (D-LA)'
land" Jackson 4(D-WA) of the Senate' Connittee on Energy' and Natural-Resources.
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LadMonday" evening,'theSenateagreedtoacompromiseamendmentadding-z
- ,1 la?section-providing for state participation in Federal
- repository d development? activities.
The Amendment was adopted byla vote ~of 83-0.
> W H A brief summary'of the amendment;follows.
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9' 1The; compromise;provides the States with statutory, rights' to participate ini 7, c the: DOE nuclear, waste: repository development program.Specifically, DOE is required to consult and cooperate with the States throughout:'the a
$ y"j planning and; development. process pursuant to individual State agreements.
y" Md7 TThese agreements would.be-negotiated at the outset and would explicitly ispell out_ DOE's obligation to notify and provide all relevant.informationL m
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In addition, the agreement would enumerate the States' f~
i Topportunitiesito connent on DOE activities, m
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' LAs' work toward the development of a repository continues,-' DOE must file
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three key. reports with'the Congress, each being accompanied by State
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icomments:-
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- 1) when DOE selects;a proposed site from among alternatives, y<
. :2); when DOE has completed its blueprint.for the. repository and is k
ready to apply.for a;1icense from the NRC,-and
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13)[whenrepositoryloa' ding >isabouttocommence.
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YThe$ key feature of the amendment is the Congressional review and approval process:for the second-of these reports, the Repository Development m
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- Report y If_the State objects to the repository development report and s1 y N
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if either House of Congress passes a concurrent resolution stating that the report has insufficiently addressed the State's concerns, the repository development report cannot proceed, and DOE is precluded from f,iling an application for a construction permit with the NRC. Thus, a proposed repository would be frozen if the State persuaded either the House or Senate that its grievances were not adequately addressed by
- DOE. This one-House veto provides a pre-established mechanism for Congress
,to become involved in the determination of Federal waste repository sites.
Military nuclear waste facilities would normally be treated identically
- as ' civilian repositories, unless the President finds that the development
- of the site as a repository is essential to promote the national security, or, in other words, that failure to move forward with the site will seriously affect our nuclear weapons program.
If the President makes the national security finding, the Congress may still reject the repository v']
development report by a two-House veto.
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States would be represented in their dealings with DOE by " Repository Review Panels," whose membership and procedural rules would be established by State law.
LAttsched are the pertinent pages from the Congressional Record for July 28, 1980, which concern S. 2189.
In addition, your attention is directed to the following pages:
- 1) S. 10004 for Senator Glenn's (D-OH) summary of the amendment. 2) 5. 10007-10009 for the text of the amendment, and 3) 5.
10009 for the vote on the amendment.
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As of today, July 29, 1980, the Senate is still considering S. 2189 and subsequent amendments.
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Enclosure:
As stated
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iJANET BROWN 7' (/
'905-55 DC 20555 III 61ASHINGTCN
' AMENDMENT NO.1905 Calendar No. 582
Purpose:
IN THE SENATE OF THE UNITED STATES-96th Cong.,2d Sess.
S.2189 To establish a program for Federal storage of spent fuel from civilian nuclear powerplants, to set forth a Federal policy and initiate a program for the disposal of nuclear waste
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from civilian activities, and for other purposes.
June 20 (legislative day, June 12), 1980 Ordered to lie on the table and to be printed AMENDMENT intended to be proposed by Mr. JACKSON
' Viz:
1 On page 10, at the end of line 8, add the following new 2 sentence: "The authority of the Secretary to enter into con-
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3 tracts under this section shall be limited to the extent or in
- 'O 4 such amwnts as are provided in appropriations Acts.".
5 On page 16, strike lines 19 and 20, and insert in lieu
- 6. thereof:
7
"(b) To the extent or in such amounts as are provided in
-8. appropriations Acts,".
9 On-page 20, on line 4, add the following new 10 subsection:
11
- "(c) The provisions of this Act shall take effect on Octo-v 12 ber 1,1980.".
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US NRC NMSS hMPI l
l 905-SS DC 20555 HASHING 10N AMENDMENT NO.1732 Calendar No. 582
Purpose:
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IN THE SENATE OF Tile UNITED STATES-96th Cong.,2d Sess.
S.2189 To establish a program for Federal storage of spent fuel from civilian nuclear powerplants, to set forth a Federal policy C,
and initiate a program for the disposal of nuclear waste from civilian activities, and for other purposes.
May 1 (legislative day, January 3),1980 Ordered to lie on the table and to be printed AMENDMENT intended to be proposed by Mr. JACKSON Viz: On page 16, aft r line 8, insert a new section as follows:
1 SEC. 407. (a) In carrying out the provisions of sections 2 401 through 405 with regard to any facility for the disposal O
3 of spent fuel and high-level radioactive waste from civilian i
4 nuclear activitics which facility is or may be proposed by the l
- 5. Secretary under such sections of this title for subsequent con-O struction authorization by Congress, or any facility so pro-7 posed, the construction of which has been authorized by Con-l 8 gress, or with regard to any facility which is a demonstration l
9 repository referred to in section 406(a), the Secretary shall-l 2
10 (1) as soon as practicable, but prior to initiation of 11 any onsite investigation in any State, notify the Gover-
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nor and the legislature of such State in writing of his 2<
intention to initiate such investigation; 3
(2) during the course of investigation of any site, 4
keep the Governor and the legislature currently in-5 formed of the progress of work and of results of the 6
investigation; 7
(3) at the time of selection by the Secretary of 8
any site for such a facility, but prior to undertaking 9
any site-specific design work, promptly notify the Gov-10 ernor and the legislature in writing of such selection; 11 (4) throughout the course of any subsequent 12 design work and site verification activities provide con-13 tinuing acces to designees of the Governor to the 14 design and other information developed which the Sec-15 retary determines is relevant and provide opportunity 16 for review and comment by the Governor from time to 17 time during such work and activities; and 18 (5) notify the Governor and the legislature in 10 writing at least ninety days prior to formal application 20 by the Secretary to the Commission for a construction 21 permit for such facility.
22 (b)If at any time after the Governor has received notice 23 of site selection, but no later than ninety days after receipt of 24 notice under subsection (a) of intent to file an application for 25 a construction permit with the Commission, the Governor no-
3 1 tifies the Secretary in writing of his objections to the facility, 2 the Secretary shall suspend further site-spetilic activities on 3 such facility and promptly transmit the Governe 's objections 4 together with 'the Secretary's comments and reammenda-5 tions to the President.
6 (c) Unless within ninety days after receipt of the Secre-7 tary's notification under subsection (b) the President deter-8 mines that such facility is essential to the national interest, O
9 the Secretary shall terminate activities specific to the facility.
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