ML20154P530
| ML20154P530 | |
| Person / Time | |
|---|---|
| Issue date: | 07/30/1980 |
| From: | NRC |
| To: | |
| References | |
| REF-WM-6, TASK-TF, TASK-URFO NUDOCS 9810230007 | |
| Download: ML20154P530 (200) | |
Text
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dp THE SENATE HISTORY drfb' t y lu 0F S.2189, " NUCLEAR WASTE POLICY ACT",
AS' PASSED ON i
JULY 30,1980 i
j ENCLOSED:
- 1. Summary of S.2189.
2 1
-2.' Copy of S.2189 as passed.
)
- 3. Chronology of the Senate floor debate, regarding S.2189.i *
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- 4. Sections of the " Congressional Record" which contain the Senate floor debate, regarding S.2189 l
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i e yl 9810230007 000730 PDR WASTE PDR
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1 S. 2189 - "The Nuclear Waste Policy Act" (Johnston-Jackson)
SUMMARY
OF PROVISIONS, AS PASSED BY THE SENATE ON JULY 30, 1980 I.
INTERIM STORAGE -- AFRs (Title III)
A. Maximization of on-site storage of spent fuel (Sec. 301 (b)(1)).
B. Establishment of federally owned and operated AFRs. (Sec.301(b)(2))
- 2. AFRs are to be licensed by NRC under the Energy Reorganization Act of 1974 (Sec.310)(Hart-Simpson Amendment).
- 3. Transportation of commercial spent fuel by the Federal Government pursuant to this Act is to be licensed and regulated by the NRC (Sec. 311)(Hart-Simpson Amendment).
- 4. Full-cost recovery through a one time payment by the utility (Sec. 304(a)).
C. Not later than 90 days after enactment, DOE must notify and keep informed the Governor and legislature of any State in which a potential AFR site is located (Sec. 309(a))(Thurmond Amendment),
- l. If the Governor objects in writing, DOE must stop work and submit the objections to the President (Sec. 309(b)).
- 2. The President has 90 days in which to determine if the facility is essential to the national interest and to okay completion (Sec. 309(c)).
- 3. The President's decision is final; there is no Congressional or judicial review (Sec. 309(c)).
II.
DISPOSAL OF HIGH-LEVEL WASTE -- MONITORED RETRIEVABLE STORAGE (Title IV)
A. Within one year of enactment, DOE n,ust submit a proposal for a disposal system consisting of at least one facility for the disposal of HLW (Sec. 402).
1.The HLW must be continuously monitored (Sec. 402(b)).
2.The HLW must be ready retrievable (Sec.402(c)).
3.D0E snall consult with NRC and EPA (Sec. 404)..
4.An Environmental Assessment shall be prepared and submitted with the report (Sec. 405 (a))(Bradley-Hatfield Amendment).
B. DOE shall submit site characterization reports for construction of a geologic disposal facility by January 1,1985 (Sec.406)(Hart-Simpson Amendment).
III. FINANCIAL ARRANGEMENTS (Title V) o
S.2189 -- CONT.
2.
IV.
LOW-LEVEL WASTE -- DEVELOPMENT OF REGIONAL LOW-LEVEL WASTE FACILITIES (Title VI)(Thurmond-Hollings Amendment)
A. Encourages States to enter compacts or agreements (Sec.601(a)&(b)).
- 1. These must be reviewed and consented to by the Congress 1
(Sec. 601(b)).
j
- 2. These may restrict the use of regional disposal facilities t" the disposal of non-Federal LLW generated within the region (Sec. 601(b)).
- 3. No such restriction shall be an improper burden on ir. terr..te commerce (Sec. 601(b)).
B. Within 120 days after enactment, the President shall prepare and submit to Congress and to the States a report concerning:
L
- 1. The present and future disposal capacity needed, on a regional basis (Sec. 602(a)(1)).
- 3. The transportation requirements on a regional basis (Sec.602(a)(3)).
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V.
ESTABLISHMENT OF STATE PLANNING COUNCILS (Title VII)(Glenn-Percy Amendment)
A. To consist of 18 members (Sec. 702(a)).
- 1. 14 members to be 6ppointed by the President (Sec. 702(a)).
- 2. The remaining four shall be Secretaries of Energy, Transportation, and Interior and the Administrator of EPA. (Sec. 702(a)).
B. Functions -- to provide advice and recommendations to the President, appropriate agencies, the Congress, and State and local govern-ments on nuclear waste management (Sec. 703).
VI.
ANNUAL NATIONAL NUCLEAR WASTE MANAGEMENT PLAN (Title VIII)(Glenn-Percy Amendment)
A. It shall incorporate the views of all the affected federal agencies (Sec. 801(a)).
VII. STATE PARTICIPATION -- STATUTORY RIGHTS TO PARTICIPATE (Title IX)(Glenn-Percy Amendment)
A. DOE shall identify potential sites for a repository and shall notify the Governor, legislature and Indian tribes in any affected States (Sec. 901(a)).
B. Each affected State and tribe shall have the right to participate in a process of consultation and concurrence, based on public health and safely concerns, in all stages of the development and operation of a repon tory (Sec. 901(b)).
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l' S. 2189 -- CONT.
3.
l C. At the outset, DOE is to negotiate cooperative agreements with individual States (Sec.901(c)).
- 1. Agreements would explicitly spell out DOE's obligations to rotify and provide information to the States (Sec. 901(c)).
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D. During the development stages, DOE must file three reports with the Congress:
- 2. When DOE has completed its blueprints and prior to its application to the NRC for a construction permit (Sec. 903(a)), and
- 3. When repository loading is about to commence (Sec. 904(a)).
E. KEY FEATURE -- The Congressional review and approval process for the i
second report, the " Repository Developtrent Report" (Sec.903(f)(2)).
- 1. ONE-HOUSE VETO:' If the State objects to DOE's report and if either House of Congress passes a resolution th'at the report has insufficiently addressed the State's concerns, the development of the repository must cease.(Sec. 903(f)(2)&
(g), and Sec. 905).
- 2. MILITARY FACILITIES:
If the President finds that development of of the site is essential to national security, a two-House veto i
is required to stop the development of the facility (Sec.903 (f)(2)).
VIII. ESTABLISHMENT, MEMBERSHIP, AND FUNCTI0tlS OF REPOSITORY REVIEW PANELS (Title X)(Glenn-Percy Amendment)
A. Arij governmental organization, task force, committee or other body l
established by State law to represent such State in its relation l
with the Federal Government concerning nuclear waste and spent fuel repositories shall be deemed a Nuclear Waste Repository Review Panel.(Sec.1001(a)).
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m-musswNAL RECO,RD-SENAE
. July 30,1802
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protect the pubus health and.estety and fuel from civiuan nuclear powerplante'and eammen defense and security; for tbo disposal of high-level radioactiven
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(3) the oosts associated with the storage waste from Evinan nuclear acttvittee; N
-f* ' i and disposal of ruclear usste from dv111an (b) estsallah o de11alte Federal poucy for l
activities abould, to the greatest extent poa. the disposal of high-level rad &oactive waste i
sihte, be borne by the danct beneSciaries of from cavutan nuclear sourtues; such activiues and abould be considend in (c) authorise the seentary to-the selocuan or rejection of nuclear energy (1) acquire or construct at least one fa.
, over alternative primary energy sources: and cinty for the interim stcease of spear gud M
(h) the technology ezicto and is under from citinan nuclear powerplants; i !
-developanent which would provide reasonable -
(3) eelect a techntdogy and design for a -
assurance that spent fuel and high level system comprised of at least one Federal k
,21adioactive waste can be safely disposed of facility for the dispoena of high lfveh rad 10 ;.
and that disposal facilities for spent fust active waste generated by civinan nuclear 8.nd high-level wastes can be avauable when activities and to selec.t a site and design for.
j needed.
th. Ant component o e a a efet.m; 4
(1) nuclear wastes generated in the na.
(3) finance the amWction, operation.
Q-l tional defense program have been accumu. and maintenance of a achar waste storage.
1 sting for more than thirty years, and spent and disposal facilities; and nuclear fuel and nuclest wutwtrom the (d) necelerate the==waation and con. -
commercial industry are increasing rapidly; sideration of alternative technologies for thew l of pubue concern, and stingent precautions 0) nuclear waste has become a major issue dis a'
(e) estatush a state Planning Council on must be taken to ensure that nuclear wastes Nuclear Waste Management to provide State, do not adversely afect the pubuc health and local. and Indian tatbal views in the area cf safety of this or future generations:
Federal. nuclear waste management poucy (h) the atting, development, and loading development; of nuclear waste repositortes are respons1 (f) improve coorrhaHan cf Federal nu.
buities of the Federal Government; clear waste managemant programs and to (1) conSdence in the ability of the Federal require the preparation of an annual Nuclear Oovernment to manage a program providing Waste Management Flan which reSecta the for the safe and permanent disposal of nu. views of au interested parties; j clear wastes must be substantially increased (g) provide for improved consultation and a
if nuchar power is to contribute sign 1 Scantly cooperation betwaen the Department of En.
to meeting the energy needs of the United ergy and States and locauties concerning Statenin the future:
Federna repository siting, development, and (m) Federna nuclear waste disposal pro. loading activities subject to congressional grazos have been inefective due to.-
veview; and (A) inadequate coordination among the (h). establish Nuclear Waste Repository various Federal-agencies and departments Review Panels, to ensure that States and 1o.
S.2189 which have responalb111 ties relating to nu. es11ttes have adequate opportunity to review BJ if enacted by fAs Senate and Rouse clear waste management:
Federsi pisas for the development of nuclear of Jtepresentatives of the Unusd States of (B) the lack of a policymetng process waste disposal faciuties.
Ammes in congress assemMed, That this which integrates the vieni of all Fedtral TITf E II-I)EFINITIONS may be cited as the *Nuclent Wute n s an e me into a comprehen.
Sec. 201. As used in this Act the term-I TITII I"* N AO (C) the, lach of an organizational mecha.
(1) "Civi18e nuclear powerplant" means nism which &#ords States, localities, and the au zaun w producuon faculty for 24 rtxotNos geration Jf =
public the opportunity to participate fuur pam is vsed in e"mercial power, u that Sa:.101. The Congress finds and declares in the formulation of Federal nuclear waste s Atomic Enegy Act of th't management policy; and
. Weh is or win be licensed under such (n) a renable system adequate to provide (D) the lact of an organizational mecha.
sumcavt electrical energy to meet the Ns.. nism which anows States and localities to
[jjn., means the Nuclear Reg.
tiin's current and anticipated needs is an review Federal plans for the development of (3) " disposal,, on:
ry essential part of a comprehensive national nuclear waste disposal faculties, and to en.
means the long term iso.
lation of material, including long. term energy policy and is vital to nauonal security sure thereby that such plans adequately cad pubuc welfare.
protect state and local interests:
unitend storage which permits retrieval of (b) an s.dequate electrical system requires (n) & State Flanning Council ou Nuclear 2e Inspal stond; e divers 12ed base of primary energy sources Waste Management must be established to W enunznental impact statament" in crder to avoid excessive renance upon any aford States, acts 1111es, and Indian tribes means any document prepared pursuant to st;gle atiternative energy source:
the opportunity te participate fuDy in the w in compuance with 2e nquirements of (c) o divene base of primary energy sources formulation cf Fedent nuclear waste man. "
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- CD'I EDv1F0D*
cin be cchieved only if each available source agment policy.
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compites on an equal footing in decisions (o) s Nuclear Waste Management Plan [P Secntary" means ce Secretary of the etn the siting and construction of faciuties which reSects the views of au yederal agen.
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M,gvlew Pane!" mean M meM m m W Wanmem vironmental impact, cost, and fuel avail.
(A) impron ce cowdinsuon of 2e set 1M.
,g obilty ever other primary sources of energy; t of e
partme ts wi (9) hg,,,g, C
ac es f oreign 2
an of ear w annual Near (e) lack of an ecoct1ve Federal policy for (p) Nuclear Nu Repositwy Renew Pan.
(11) "Oovernor" means the Governor of a th) interim storage of spent fuel and disposal
, tf K,uclear wute from c!v111&n nuclear ac. els must be established to ensure the States Male, or successon to me Oournor, during tiftues unressonably burdens the choice of and locantles have adequate opportunities to their respective terms of oSce, of their nunear energy as an alternative primary review plans for the development of Federsi designeesb sourci in decisions on siting a.nd construc. nuclear wasta disposal f actuucs; and (12)
- nuclear waste" tneans high1. level t12n and operation of powerp;Anta and un.
(q) 2e Secntary snust inemase his ecorts waste, transurartic conuminated waste, and duly constrains eforts Sc estabush a divene k consult and cooperate with States and low. level waste; but tf primary energy sources 3
(13) "high. level waste" means the highly 1n d vlop en d
tasa acun wastes naulting fmn 2e n.
(f) the Feders! Oovernment has the re.
processtng of spent nuMear fus!. And in.
eponalbluty for the interim storage of spent rtraposE ciudes both the liquid wastes which is pro.
tu:1 from citt11&n nuclear powerplants and Sac.101 The purpose of this Act is to duced directly in reprocessing and any solid the tisposal of high level radlosctive wute (a) assume the Federal respons1b!11ty for Insterial into which such 11 quid waste is from carinan nuclear activities in order to the acquisition and interim storage of spent madel e
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My 30,1880 CONGRESSIONAL RECORDCSENATE~
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ciu transar.i o.ntasemied easie-8e m. n Secremtr. th.
on m Th. 8.metary aan estabu.h m. one.
encens maternal contaminated with 61ements and other approprute Federal odbclals aban tisas payment charge per unit of spent fuel having an tsomic number grotter than 92, take such acuena as they consider geoeseary required by subsectisa 304(t) sa en annual including neptunnusa, p1vtonium, amtricium, to coeurage and capedite ths use of avana. basis, based on omicu11stra of th* costs and and curtum, la moneentreuens of greater ble storage at the ette of enea civinan nuclear surcharge usted in subsecuon 804(a), and than 10 nanosuries per gram:
powerplant eonalatent with-=
shan puntnah such annual one.uase payment (18) *1ow. level waste" smeans material (a) the protection of the public beslth charge and the eniculauen thereof in the contaminated with radioactive elements and eatety; Federal Register. Each suon annual one.tlaae emitung beta or gamma partienes or with (b) osanomic sonaldersonna, payanent charge shall become egestive thirty traces of transuranse elements in onnoontra.
(e) sonunued operauen of the powerplant; dare after puhuontion and asu remain egeo.
tions less than 10 nanocurtes per grama; (d) the senathilitnes of the population sur. tive for a perted thenafter of twelve months (16) ^..,-.;W.( means a faculty for the rounding such powerplant; and as the charge for the easts and surcharge.
disposal of high. level waste, transuranic (e) otherwise appucable law.
listed in subsecuan 304(a) for any spent contaminated waste, or' spent nuclear fuel.
Sec. 90s. (a) The Secretary, constatant fuel, tiue to which la transferred to the Pod.
whether or not such facility is designed to with such criterna as he pmaatbes under, oral Government durtng tast twelve-month permit the subsequent recovery of such ma. the policy set forth in section 301. shall oser period.
Serial. escept for fac111tles to be used es. to enter into, and may enter into, contracts Sec. 806. (a) The Secretary ahan construct clusively f.or research and development pur. Eth persons owning and operating, or plan. or acquim at least one away trom.nactor poses anatar an instrainamat amount of ning to own and operate. e191 Ban nuonear facility for the interna storage of spent fuel such naatertal:
powerplants. Does contracts chan prisrtde from etMuan nuclear powerplants. The fa.
(17) " storage" smeans retention of nuclear that the Federa! Oovernment wt11 (1) take cluues shall-waste or spent nuclear fuel with the intent utte to spent fuel from the powerplants.
(1) be made available in adequate espacity to reoover such material for subsequent use. (2) transport the spent fuel to federally and in a timely manner to==aunadate au processing or disposal-owned and operated interta sway-from, opent fuel for which commitments have been (1s) " local government" means any politt. reactor storage fact 11stes and store such fuel made pursuant to esction 30s of tMs Act; eat subdivision of a State sneluding any in the factuues. and (s) dispose of waste ***
town. city. township borough. partsh. vulage. products nasociated with euch spent ruet.
p) w suMeet u a hnaa under m pron.
county, or other general purpose pouuomi (b) Nothing in this Act authortase the alons secuan
) o ergy me.
subdivision of a State:
Secretary to take title to spent fuel, trans., W I
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(191 " Indian tribe" means an Indian tribe.. port spent fuel or dispone of spent fuel or O) he Secretary in providing for be as denned in the Indian Self. Determination the waste products associated with spent %FaA8portaden of spent fuel stader this Act.
N ucation Amststance Act (Public law fue o a nuclear po rplant not located fp,,,lbt g
in aspect f (20) " nuclear waste and spent nuclear fuel Sec. 304. A contract entered into under Sec ta use management" means the transport storage. section 303 shan provide-
,g and disposal of nuclear waste and spect (a) for a one. time payment at the time tion only upon a determination of the Sec.
nuclear fuel!
the Federal Government acquires the spent retary of M
in so on (21) " main shaft" means the primary ver. fuel of a charge per unit of spent fuel as Mth the Secretary, that private industry is tical acosas abatt of a nuclear waste repost. such unit is deaned by the Secretary, which unnie or unwining to provide such trans.
tory; charge is determined by the Secretary to be portation services at romsonable cost.The au.
(22) site charsetertration" means the adequate to cover-thority of the Smeta.y to enW into con.
program of explarstion and research, both (1) the ocet of transportatics.cf such tracts under this section shall be limited to in the laboratory and in the Seld, under. spent fuell the essent or in such amounts as are pro.
taken to estabhah the geologic conditions (2) the proportion of the costs of the %dd in apprepMh h (c) The Secretary and the Comminaion, on and the ranges of those parameters of a construction and the operation, mainte*
particular alte relevant to the procedures nasce and decommissicaing of Federal in*
a continuing basis, shau analyse and make
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under this part. Site characterization in.
terim away.from. reactor storage faciuties projections of the avausbluty when needed cludee bortngs, surface escavations, escava. which proportion is tenociated with such of spent fuel transportation casks required tion of exploratory shafts, umited subsur. spent fuel: and to support Federal transportation require.
face lateral excavatiors and borings, and (3) a surcharge to resect the cost of long* ments pursuant to subeection (b). De Sec.
in situ tesung needed t determine the sulta. term dispcsal of high level radioactive 5sste retary and the Commiselon are authorized and directed to take such acuons as the bluty of the alte for a geologic repository, asseted with such spent fuel; Secretary and the Commiesion, respectively but Det not include preliminary borings (b) for the retention by the owner of such deem necessary and appropriate to ensure tad geophysteal testing needed to decide spent fuel of a nontransferable right to the the timely availabuity when needed of such whether site characterization should be value of the remair1Pr fuel resource lens the epent fuel transportation casas, undertaken!
costs of recovery, as determined at the time Sec. 307. When an intertm away.from.
(23) " major nuclear waste faculty" means of recovery.We right ends when the Federal reactor storace faciuty is available. the Secre.
tcy facility in which wiu occur the interim Oovernment-tary sha!! take poseension of and transport to storage of spent fuel from a civilian nuclear (1) takes action resulting in the recovery a designated storage facility any spent fuel reactor the dispceal of such spent fuel of the remMning fuel resource and covered by a contract made under section 303 cr of high level redloactive waste from civil.
(2) gives to the owner of the right an of this Act. The Secretary shau take this ac.
tan nuclear activities of the transportation amount of money equal to the value of the tion within thirty days after the date on af such spent fuel or waste, and which will recovered fuel less the costs of recovery; which the owner of such spent fuel provides have a total eetimated cost to the Federal (c) that title to 2e opent fuel together notlee in writing to the Secretary that such Government of 65.000.000 or more; and with a11 rights to such fuel. except se other. spent fuel is available.
(24) " test disposal" means the emplace
- wise provided in this Act, passes to the Sec.
Sze. 308. Funds made available to the Sec.
ment in a repository of an amount in excess retary at the site of the powerplant at the retary for the purpose of-of 100 canisters of spent nuclear fuel. high. time the Secretary takes possession of the level wastes or transuranic contaminated spent fuel:
(a) moquiring plant and capital equipment or land; or D
waste.
(d) that the contract becomes effective TITI.E IhIh*1TRIht STORAGE OF SPENT when the interim away.from reactor storage p
constNetion.or mod 1Sca.
g N FROM CIVII.IAN NUCI. EAR FOWER. faculty is avallable as determined by the pgg.T5 Secretary by notice in the Federal Register, to make anumble facilities for the interim Sec. 301. (a) It is the policy of the Fedem!
stomge of spent fuel from civiuan nuclear and 3
Downment to provide, as soon as poesthle (e) for adjustment and recalculation of powerplanta my from the reactor under any the one. time payment established under law ment appropriations of funds or au.
a an asured and predictable capacity for the subsection (a) 'of this section; and meneen. 2 0F18811028 ICr appropriauons of funds for interim storage of opent fuel from ctrihan nuclest powerplants, ment of any diference to be paid or reim. 2e Sacal year ending september 30.1979, or (b) The polley.under subsection (a) ahan burned at the time such spent fuel or anoo. 2e Sacal year ending september 30.1980, In.
provide for-casted radioacute wasta is placed in long. ciuding funds authorised and appropriated term disposal.
for Project 79-1-p (Away.Frmn. Reactor (1) masistsing. by utuisation of available Sec. 305. (a) he Secretary shall provide Spent Nuclear Fuel Starage Capacity) in spent fuel pools to the maximum practical nouce of intent to enter into such contracts legislauon authorizing approprianons for the artent, the storage of such spent fuel at by pub 11ahing notice in the Federal Begister Depart!nent of Energy for the Sacal year the site of each civilian nuclear powerplant1 not later than one hundred and alghty days ending September 30.1980, shall be available and after the date of the enactment of this Act. to carry out the purposes of accuon 306.
(2) the estabilahment of a federaily owned Such notice abst! contain Such information SEc. 309 (a). In carrying out the provisions and operated system for the intertm storage as the secretary considers appropriate con. of sections 301 through.30s with regard to of spent fuel at one or more away.from. carning proposed terms and conditions of any facility for the insertm storage of spent reactor faciuttes.
such contracts.
fuel from cirutan nuclear powerplants which 4
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the Se'entary is aunaseaad 177 assuaa 8080) and high-4evel radioacttve t?nete,for: the (2) placement an deep a an median **
.(s) P'-s imisry deep denn he "E -*
' to enestevet or aequre. me sommanry aban:
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samme,.
(1) as'soon as pesansable, hers ass leser (y psevene la the amady smautovel Cf any
.-(4) pan,4-a-t la e amaned unstay la & mn*
than 90 days anar ="*=a='*
tof thta sucsana, spans fumi and high4evet fmdnaamse maste ner which leads te zoek %
n uff in writing the Gonraar and the legte= for ft.rther preemnLag er 41apenal by an al*
(5) parttuaning of rep % waage, 1sture of any sense tn whtch as losased e.po= tornative smothodi aan transmutauon of radienneusles, ama geolegte tenually accepte41e sese fat-semh a Samutry or (d) andary enasmia sucts high4evet radio = disposal of radioactise unstus and an salaung factusy y===*any amiaahle for active whate and spent fuel ao lang as snay (4) ejeccan inse space.
Interim startge of spent fast af has tamamen be necessary, by monas of maame--a ina (c) The P""Pa*aa to be snarled out 1mader
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to investtgase thaa este er tassasy; ehadias, tus ass 11tmand to, se&a=+ as sa h a- ~ = (a) and (N anstudo
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(2) daartng the sousee of Invee815m84an of beoommasy.et amma fact 11ay.
(1) causettaa af base 12ne desa end, ab such alte or faci 1 sty. keep me Governor saa Soc. 408. The proposal shall inciade-rommental informanaa shout potenuaL die.
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tas legislagun earmnuy inseetmed of thn, (a) Ge genesmi a====*ieaa -sons====saa posal sLsas; I
progress of wcth and results of the, and onentructsaa mohadute fora syssean which UL1 m aa==*==Maa af omman=ii.ame'4 assand invesugstion:
ahan he taatsany managnad $ar a espac1*y ade= tide infortnasaan.
(3) tt the time of selection by the Secre. spanse at a =*====1 to remette in aw timely UB) development man 2pana and h tary tf any site er aussstag factitty. but prior amanner the bet >4evet ="aa-nom enese pro-of psodicuse modela.
, q[.
m undertaking any C, ^ a" wet or aL-sinced by su segning envulaa mMaar acevt.
(4) ernanasse. indepe= dame %,,.
ternuona, promptly notify the Govesnor and snea and tJhs Spent fDet faota the operatian of view of raBulas by aclanugg ggpag.ga. and of th3 leglaisture in writing of suelt som all eastuma atactaar pooresplanan int which proposed facaines and operettama throagh
.(4) throughout the courne et any enb maar mpgni== eta = ssur any PeelsenL 11aanse or ths Haanaang panames, sequent work on that ette or eststing faccizy. parert has been reestved petor te the date (g) preonal==p-ma on,en eing aantul furnaah the Oovernor all relevant informs. af the== ne'-aa' of this Act: mad amanttorish of radiascuse waste teclation una on a current basis and provide htm wittL (b) =**= ap-daa designa. ope =tincations, and systems.
ths tpportunity for review sad cosament cons estammama adequate to soucia hids for the (4) a dam ^aa+'**=f spahtatsy to take any-from uma to time.
enestructacut af an initial fa=111*y within the needed correcstre or =h++--
essaans and (b) If vt.hin a reasonable time after the syntam which sul d===ana*+ase 2e fanathility (7) an ongoing rensartiL and esmaaap=nant I
Oovernor has received nouce et selection re* of long term rettsevable disposal of spent progrank to inerness the stese af knowledge quired by subsecesan (a)(3). the Governor fuel and high4eveL radioactime waste and about the disposal of naciaar wasta.
ntuaan the Sacroury in waratng of his ob.
which has capac*ry of at least one thamnd (d) The Secreta *y shall asport to h Can.
Jacuens to the fact 11ry, the Secrw ary aball spent fuel sods slang with a vehuna of, proc. gnas his Andizaga and =aaa====ue=ma=. yo.
suspend further wwh on such faci 11ty and eased high4e el radioactive waste from c1Tt1= sultang from the progsaan maema'eenie by this prtmpuy transmit the Governor's objectione tan activistes limited to 2e mmount ausicient section. as fouown--
together.wsth the secretary's ensaments and to accompush the purpose of this subsection.
(1) as a part of the annual report reg' aired recommendauons to the President.
8sc. 404. In formulating the proposa.1. h by sectson 857 of the Departmart of Energy (c) Unless within ninety days after recetyt Secretary shau consult with the Comminaian Organha-san Act (91 Stat. 865) the Secre.
of the Secretary's nonAmstion tinds subsec. and the Enytrontnental Protaction Agency, tary shnu report concerning the ste.tus of utn (b) the President da'='w+a== that such and ana3 transtalt their
^===a*
on the the program; and fac!11ty la ne.at to the national interest, Saal proposal to the Congrams together with (2) from ttme to tasme, the Secretary shan the Secretary ahan terminate acuvices spe. the proposal make recornmendations attaing 'from his cisc to the facin:y. auch determinsuon man sac. 40s. (a) Pnpanuen and tranaatttal studies aamens the advlambury of modi.
of the proposal to h Nr=8 la not a Inajor fying or repimetng tha emeMaakagy adopted not b,e subject to pdtetat or ad.ministrative Federal action sign Scantly afecting the en*
under section 402 of this Act.
g,,3, (d) During the regulation and monitoring cronznent wnhan 2e susaning of secuan Tr:* E V -P5AICCIA1. ARRLhwyTs of the facility. the Governor or tt.s designee 102(2)(c) of the National Enviran-nantal shall have the eght to be currently informed Policy Act of 1969 (83 S:st.,852) but an en.
Sec. 501. (a) There is honey estatuabed in cf all relevant facts and matters, and abau vironanantal --
-" than be prepared on the Tmasury of the United 8:stos a separate have &ccess to all relevant documents. and the propassa to accompany suc.h transmittal account to provide for (1) the construction have the right to' review and comment on based upon avausble informacon regarding and opersuon of Federal away-tmen reactor alternar.au unalagias for waste disposal.
InteMm mg faches for spean fuel. (2) such matters fIom time to time.
Scc. 310 Secuon 202(3) of the Enargy Re.
(b) %"han Cor.gress accorizes construc. h disposal of such rpent fuel or high. level organization Act of 1974 La amended to road; tion of the initial tacL11ty. the requtrements radioecen weste fmm civtilan nucJear activ.
"(3) Pac 1Duas used primatur for the re. of the Narman3 Enviramantai Poucy Act ! ties, and (3) the handling and transporta.
catyt and storage of high4evel radioactive shall apply. sacept that any environmantal mn W such spect fuel or waste. Aznounts wastes or spent fuel resu1*.ing from activities impact staramam in connocuan with such appropriaM under secuen 308 or otherwise ucansed under such Act or spent fuel from facility need not canaMar any altamauve to appropnated to the Secretan to carry out foreign reactors transferred under a subse. the design critaria set forth in seccon 402 of-any of W purposes of titles CI. IV and V of qusnt arrangement nut.horized under such this Act as may have been amended by such tbts Act (eserpt soccon 406). all charges un.
subsequent congrena' authorization.
der secucn 304. recetpta derived from the sale gg;'cc. 311. Transportation of spent fuel un.
(c) ACy fac1'1tT ""* Mad under this utie M an mpmcassed M and h proceeds t
der section 303f a) saan be subject to ucens. ein be subject to a ucense under secuan fmm any obligatons issued pursuant to sec.
ing and regulauen by the Commission as 202(3) of W Energy Reorganizanon Act of Wu M M Ws We aM be depodM into provided for transportation of commarcia.1 1914 (88 Stat.1233), except that tr. Its con.
the acewst spent fuel under existing law.
sideru.tian of the application fled by the (b) To the esten.t or in such amounta as f
Secutan for m ininal incMy. W Ccm. En pmMded in appmpnacons Ac:1.the Sec.
T:TLE IV-DISPOSAL OF EIGE-!.27EL RADICACTIv2 WASTE RESTLTING niasion snar not considar may alternaun to n'.an may drar on such account to carn the das:gn criteria set forth-Ln seccon 402 out the pn poses of utles I. I7 and V of TROM CIVILIAN NUC* EAR Au_.. v...ma of this Act but sha:2 cornply wtta the re.
this Act (except section 406): Froctded, gec. 401. It is the poucy of the P-tm.at Gov. quirements of the ucensing process as other. That the Secre ary ensil not construct or ernatnt to provide, consistent with section wtas provided by law.
acquire any msjor nuclear waste f aciuty un.
301. a federally oened and operstad system Sec. 406. (a) 'De Secretary shan continue less the spectac expenditure of funds for tbs for the disposal of all higbrievel radioactive end acesterate a program of research, devel. initiscon of such construction or acquisition saste resulting from ciru1&n nuclear activt* opment, and demonstration of the geologic la explicitly approved in an appropnauen ties.
dispo.a! in mined reposttories of high level Act.
Esc. 402. Within one year aftet-the date of radio nctin waste from cartuan nuclear Sec. 502. (a) To carry out the pu poses ths enactment of this Act.the Secretary than powerplants, with the objective of sub. of this Act the Secretary may borrow money
- transmit to the Congress a proposal for a m!tting to Congress and the Commtmaton alte troen the Treasury of the' United States in I
system consisting of at least one fact!!ty for charactertzstion reports for construction of amounts provided in Appropriation Acts, but th3 disposal of high4evel radioactive waste at least one demonstration repository by not more than 6300,000.000 The Secretary resulting from citt11an nuclear activities. January 1.196$.
and the Secretary of the Treasury shall agree Such facilities shall be designed to--
(b) The Secretary shan sino continue and on terms. maturttles and conditions of the (a) accommodate spent fuel fronL civilian accelerate a program of research develop. obligations. but the maturir.1es may not be truc1Isr activities without reprocoming, as ment, and irrvestigation of alternative tech. more than thirty years. *2e Secretary may weu as the high level radioactive waste fran nologies for the disposal of higudevei radio. redeem the chligations before maturity. The other c17tuan nuclear activit!es. tactading actere wastes from civilian and namonat de.
Secretary of the Treasury aball decide the reprocessing of such rpent fuel if such re* fense activttles. Such pmgram shan include interest rate of the obugations considering processing is undertaken in the United awa=mation af vartaus waste *ta==1 op.
the average market of outstanding market.
States!
tions tacinding, but not limited to-able obligations of the United States Govern.
(b) permit continuous monttortng, man.
(1) advanced technoloptes for the long. ment of cornparah'e maturttles during the ggement. and maintenance of the spent fuel term retrievable storsge of nuclear waste!
month before the obugations are lasted. The O
W a
ChiQ7DTlRNA9 :. '.
- " V.,
,f,,
1
-~
s.,
. interest paymerts ta cueCebligations saay - and such recommendations for remedial ao.
Only me Governor of a atsteJa eligible for bp deferred wt* the approvna of thi memo-mens ans regulatory reforms as th3 sect dangnation as chatraan of the connen.
tary cf ths Treasury tus any interest pay. tary escadere appropriate to assure pro" Frucerna or tuts oosseca, ment so deferred shau bear interest. Euch tec'1on of the puntio health and safety from tec.103. The Councu shan proMde advice ebugauona aban be lasued ' in amounta wastes transported to such attes:
and r=aa==aad'uons to tha Frentfelt. the and at prices approved by the Bes., (8) ovaluates the transportation require. Secretary W Energy and, as appropriau retary of the Treasury. The seantary of the ments on a restonal bass and in compart* other Federal agenmes, the Congrees and the Treasury shau purchase any otuganone of een with perforinance of present transpor* state and looni governments and Indian the Soaretary tasued under this aestion and tetton proceless for the ahlpment of low = tribes on nuclear wuu management (in. -
for this purpose the teoretary of the Trene. levet nuclear wastes taduding an inventory cueng managesnent of spent nudear fudh ury is autherland to use as a puhus debt of types and quanuties of low-level wastes. In omrrytag out tu adenaory funcuens the traneaeuen of the United states the pro = an evaluation of shipment requirements for Counoushau-=
oseds froen the sale of any securttles lasued each type of waste and an evaluation of the (1) recommend procedural ematema for under the Second I.therty Iman Bond Act, abuity of generators, ahlppers, and carriers teriewtag nuclear wuw ananageinsat plans securttles may be lasued under that Act to to meet such requinsnenm*
and programs in a way to ensure the umely purchase obugauens from the 3ecretary tan.
(4) besluetes the espehulty of the Depart-and esecuve involvesment W Stau and local
- ?
der this section. -
Inent of Energy owned and operated low = governaments and Incan tribes-(b) Approprisuons made avanable pur-level weste disposal facuttles to provide in' (2) reflew the denlopsnant of the Nauonal.'
suant to secuen SOS of this Act and any other terian storage for commercially generated Nuclear Weste Managesnant Plan and pro.
low-leve1 waste and==hu ths onsta anno = wide recosannaadmaaa to ensure that this I
approprituona snade to the secretary to earry out the purposes of 'Istnes III. IV and stated with auch interim stomge: and plan adequately addresses the needs of the V of this Act (exempt aestion 404) ahan be (S) t===aada eddauccal research and State and local areas aSected!
repaid into the General Fund of the Treas. development, as needed.
(3) adetae on an aspects W sung facuices ury out of the account together with inter.
(b) In omtrying out this section the secre= for storage and esposal of nuchar wasus, est untu the date of repartment at a rate tary ahan consult with the Governore of the including the regtew of recommended cri.
determined by the Secretary of the Treasury several States. the Nuclear llegu'atory Com= urts for su selection and au auttam taking into consideration the average mar., snisalon. m EnMronmental Protecuon guideunes for regional stung, and procedures ket on long-term obligations of the United Agency, h United States Mcgica! Sur. for alte charactertasuon and selection!..
States during the Sacal year in which such voy. and W Departenent of Transpwtation.
(4) adriae on an appropriate role for State approprisuona are made. The Secretary shau and such other agencase and departments as and local governaneau and Indian ta'1bes in repay such appropriauon together with in.
he inds appropriate.
the usensing, permitung. regulacon, and unes within thirty years from the time at (c) The provtsions of this Act shall take opersuon of nuclest wasu repoemtw which such appropriations become avausble efbet on October 1.1980.
(8) adetae on proposed Federal regulations, for expenditure af ter the date of enactmeng Sec. 603. The Secretary of Energy is su*
standards, and criterna related to nuclear of this Act, no appropriations to the Sec. thwised and dancted k provide to ne sev* waste management programs; and retary are authertsad to carry out the eral States fLnancial and technical eastst.
(6) idenufy and make recomsnandations purposes of Titles III.17 and V of this Act anoe to carry out the policy set forth in r 6v on other matters related to the transporta.
(ezcept section 406) unless the amounts Won m of 21s Act.
Mon, storage, and disposal of nuclent waste appropriated are deposited into the account TI'ILE VII-ESTABI.IEEME!**. MEMBER-that the Councu boueves are important.
estabushed in section 501(a).
SEIP. AND PUNCTION8 CP HTATT PLAN.
AUTuoam or us com NINO COUNCIL ON NUCLEAR WASTE TITLE VI-LOW. LEVEL WASTE samtzsamt or me coma' Szc. 601. (a) It is the policy of the Ped.
thority to-eral Government that Esc. 701. There is estabushed an advisory (1) designate special advisors!
(1) each State is responsible for the dispo= committee to be known as the State Plan *
(2) utiuse. Mth their consent, the sen=
sal of low. level radioactive waste gene sted ning Council on Nuclear Waste (hereinafter ices. equipment personnel, information, and by non.Pederal related scurities within its nferred to in this Act as the " Council").
f aculties of other Pederal. 8 tate. or local pub.
borders; utscsansstr or faz conten, lac agencies, and Indian tribes with or with.
(2) tow. level radioactive waste can be Sec. 702. (a) The Councu than consist of out reimbursement therefor!
most safely and eScienuy managed on a eighteen members. Tourteen members shau (3) ecoept voluntary and uncompensated j servloest ngtonal bests'y out the policy set forth in be appointed to the Council by the Prest, i
(b) To enar dent. Of these fourteen members, eight sha!!
H) anter into contracta. lenses, coopera. j subsection (a), each of the several States, the be Governors. See shan be State and ler.61 t.tve agreements, or other trananctions neces.
teIT1 tories, and posseestons of the United elected osclais other than Governors, and eary in the conduct of the Councu's func.
States nnd the District of Columbia, are au. orne shan be a tribal government representa, cons, with any pubue agency, or with any thorised and encouraged to develop and sub. tive. The remaining four scambers of the person, ILrtn aanociauon, corporation, or educational institution! and
.mit to me CongTees, for subsequent nview Councu shan be the Secretaries of Energy.
(8) transfer funds to and accept funds and consent. agreements or compacts with Interior, and Transportation. and the. Ad.
any other 8 tate or States relating o the ministrator of tM Environmental Prouction from Pederal agencies to 41scharfe Council responsibuities as set forth in sectica 703 management and disposal of low level radio-Agency. The Nuclear Regulatory Cm'eston of this Act.
active waste on a regional basis. Compacts of shan participate as an observer in Councu agreements made pursuant to this Act may activities. Of the members of the Ccuncil se*
PERaoN?rEE. aND aDMDrtsTearfoN restrict the use of regior.a! disposal fac111 ties to the disposal of ncn.Pederal low.letel 'Aected frc:n among elected otcials. Seve'!
tste. 708. (a) Members of the Council in.
shall be appointed for a one year term and cluding special advisors, who are not other.
radioactive waste generated within the n=
seven sh&M be appointed for a two. year term, wise fun time a=ployees of the Federal Gov.
g102-Appointments, or reappctntments at the ax' ernment, than nceive no compena*. tion from 8se. 602. (a) In order to easist the States piration of the initial terms shan be for the United States by virtue of their service in carrying out the policy set forth sec*
terms of two years. Appointments to All a on the Council, but au members may receive tion 601 of this Act, the President ab pr vacancy occurring before the and of a term the transportauon and travel erpenses in.
pare and submit to Congress and ench shall bJ for the balance of the term. No ciuding per diem in usu of subsistence, su.
the afty States within one hun nd and member who is an elected oscial may con
- thorized by law (b U.S.C. 8702 and 8703)*
twenty days after the date of the enactment tizaue to serve on the Councu if that member (b) The Chairman of the Council may of this title a report which-ceases to be an elected oScial. The Chairman appoint and Sz the compensation of a sta.T (1) deanes the disposal capacity needg with the concurnnce of the Councu may ap*
director and such additional persons as may
.for prenant and future low-level waste on a p%nt nonvoting special advisors to the be necessary to discharge tM Councu's M.
CC" *I
- 8Ponsib:Uttes. The Director and sta per.
) ) odes the status of all commer.
. (b) In appointing memben of the Coun. sonnel than be appointed in accorcance cial low-levet nuclear wasta d!sposal sites. cil, the President ahau endeavor to ensure with the provisions of title 8, United States thoes located at.
representation of a broad range of views w!2 Code. covering appointments in the com.
g w vaney, New To it.
respect u nuclear vasu and spnt nuckar pem some and abould be paid in (u) Masey F!sta. Kentucky
- fuel management and to ensure represents. accordance with the provisions of chapter nu) h Nevada (iv) She fd. Illinola, con geopsp ica amas w c an m 51 and sumpter m of chapter 53 of such of nuclear power and of geographical areas title relating to classiacation and General
)M and snd,
which are serving or may be uhely to serve Schedule pay rates. In atd.tuon. the Council 3
gg uns as locations for nuclear waste and spent nu. may obtain the services of experta and con.
W includes an evaluation of the ueense clear fuel storage or dispesal or which may sultants in accordance with section 3109 of status of each suct site. the stau f ra, title 6, United States Code. but at rates not
" a=*"neMOUy*"NN.a1 teet be directly or substantitur afected by those uvium.
- -d th"o*=== >=f ar f or *-
no!
employed at each site to contain low.
(c) The President shall designate one of it, as provided in the Genera! Scbedufe leve wasten for their hazardous lifectnes, the members of the Councu as chairman, under section 5332 of title 6. United States b
,E, s
.b.
D 1V4 4U (A.MM F' Nf_'%l'k.A. AT LA/1=.a#-htA A 1 l-Jg g gg
- Cod 3. " A.ny persons who are Pederal am.
(1). amt zamy turther modtry therdzzf.t.Piasa na sepects oc the propcs amiszad to any?
playees subject to tbs ctril servies 1sws and as he deem.a - =M paramar hpan an the pu2nue healzh ans l
regulitt ha at the ume of appointmeit to
- 02) P===.ra$r= af 121e pnhlur ba=% and satasy. (B) ann e+r=
raczases, anf. evainar==
th3 sta2 (f he Councu. shall re&ain civil malsty abm21 he farmmnat smnog ths **Mnea concerna ancLab)=r'-una of the Re%ew Panal, service status without interruptics or loss to be weighed by tha K=re**=e'y in peeparing w:th regard to such aspects of tas pro;ecs cf status or privilege whue employed by the the azaft Pima sad by the,Presidena in re-on an oncomg bamas, anst (C) warns d:ugens.
1 Council.
mawing the draft Plac.
17 and %~+=ely to sumotsa such ernwvna (c) The Director and stas personnel may (4) Ilot lasar tha.a ware % 1.1982 and and eb)=e-sam recstte tmal and transportation expensas. Mamh 1 of eac:L suommeding year theraatter te) The secretary and.the Repmscary Re-tnclu!ing per dier. &n lieu of subsiste.nca. throurth htarch.1.1986, the Secretary shan eiew Panel shan meet to =aarind= the agrea-autbirtzed by le v.
anbmst the Anal wrstou of the Rian.for t.ba ment requind my enh==mr== tto not later s
(d) A vac.ncy that may occur on thA nara Aacal yseirto 2be Congrama.
than one year atter the daza at arve*9 =.ep a Councu shal not asect its powers or func-(5) ant =""rmttaa of either hn=* af Con.-
under subeec.non ta). Tha 6acratary st aa re-uins but ab 611 be fLusciin the same manner gtess renrwtme e.ht31 authortzing tunds tot port t3 the Congress annn=ny therea.ftar on in which Ibe origina.! appointment was uticlear waste,and spent nuclear fuel mas-the statu.s of the agreemens approved un
- i Enr,6%
agement acttettias ahan ennethe the Pian der subaectice 6c). Any reper' m the Con -
bl (e) The provisions of the Pedara.t Advi-and may specLfyin anf report -nying gross on t.be status of negociactma under sory Comn mee Act (8 11.S.C. App. I). es-such bin the exzent to which such proposed auhaecccra (b) or the ag-*m nneter sub.
(c) by ne K=r r-r ary anau be acone.
cept as y #ane*a_t u1.tik this Act shau authorizattazLis consistart eith the Plan.
~~%n cpply to 1.ie Council.
(c) in lims of preparing an annnal Plan panlai by mmmm.nts souatad t=y tae secro-
.(fi The s.eMtams oc Enargy. Intwson. ror anr ascal year==wm, wanha seere-tary fro = th.a u.e u and Transp6 rtation a.nd the Awn' trator eury may pmpare an update of a prestaus rec > rosa sus asronts cf the F.nv.mumental Protecuan Agancy Plan. identifying any changes 'in encrent an#1 gge gg g
Secre-shall designau one omeer to act on his be-futu.re Pedecal nuclear waste eM spent nu.
W{. M.owW detaus.d she chsractaczauon ta half to artend each meeting of the Council clear enei manaa.-ma acurttaes from those wFan scuvices at one w more as provided in secunn 10 of the Federal dem..'hw m the'preytous Pian. Such updata Adttsory Co=mittae Act-sna3 be subjecz to all the procedures of this e c Mble._y~-.m snes. pmposes ac'TsotuaT2r.w oe arraorziarnoms c:le apWCEDla to arnut Plans
- Mat M N W" poses d.Mer Deparmaet repository deveiopment scur "los any such E2 II-.COCEDmmON OF STATE RE-site be setected as the locaut for a reposi-Soc. 706. There are authoriand to be ap.
VINS AND DEPAN OF ENEROY tory. Ce Sec vtary than prepve and ru:2 cut propria ed to carry out the provtsions of REPOSITORT SITINO. DEVEL.OPMENT, to the Congress a Proposed Site Report de.'
this ctie such sums a.s may be necessary.
AND LOADINO ACTITITIIS scribing the site in question. the alterna.
Notvtthstanding seccan C28-1 of title 31.
tJnsted States Code. the Depa.rtment of stars --.auou t3tes considered. if any, and his reasons for En rgy shad trum**r funds appropriated Sg 901. (a4 The Secretary shan identify W ecleccon of 2e proposed svpository site pursuant to this authartzatten to the Coun* the ytatas wt-h one et mon potzncany ac. frm stung any such suer *.' suns.
(b) The Secrmry sha3 not undertake cil to carry out the purpoets of this Act.
captable sites far a repository including test gxr:maTzow or at rson=ry disposal of high-level or transurarc wastem. f.zrther work toward the dereiopment of a Szc 707. The Council shan cease to exist Within ninety days of such identmcation. or Mpoaltory at any proposed srte as desertbed te's yea's a*ter the date of enactment of this s' *h n utnery days M enacment of this Act, in subeection (a). including the preparation of any necessary ucense appucaen for any
^*
State legislatura. and the Tribal Counct! cf such uposacry. until futy-be days of con-TITLE VIII-NATIONAL NUCf EAR WASTE any afected Indjan tribe in any dected tinucus senaton (as deined in saccon 905) b!.ANAOC.'I'NT P1.A.N State of the pn'a auy acceptable sites shah have elapsed following his subc11ssion Esra3L!sRMrET or Na:2oNal, NT.;cI.EAa usTt w*% such Stata, to the Congress of the Propped Site Report stam"w ~rrus (bj Each a*.iected State and af acted In-specded in sue ^n (a). The Congress by Osc. 801. The Secretary. in consuhation dian tribe notmed undar subsec'.*on (a) nc[d resolumn may waAM this time g
with the State Parn' r Council on Nuclear abau have the ught to pamcipate in a ic) Prior to hia submisalon to the Con.
Waste. the Nuclear Reg *.tlatory Commi"lon, procssa of consultation and concurrence.
tb@ Council on I;nvironmental Quaitry. the based on pubuc besah and safety cancerns' bsectio (
t Se Dirsctor of ths O*ce of Science and Tech, in su stagee of m p1= nrm. smng deveicp.
draft of suc ' report and solic_. the '
nolog) Poucy, the Administrator os ce En.
mut, consucen. and operaun of a n.
thereon of vironmental Protection Agency, the Secre. pository. The Secretary is authotzed and (1) the Repository Review Panel convened taries cf the Interior. Transportacor and dincted promptly to enter tnw negout=ona in the Stata con:Aining the repository site-sute, and the bead of any otnar Peeersa "2 each nepomry meetn Panea desc-1 bed (2)- other intemted S ms, taciude '
egency of depart nm d.esignazad bT the in ca.le I to estabush a coopersuve agm.
ment under whic.h the Repos:.tary Review SpecdraOy the fiers of the Goternor (or President shan prepare an annual nuclear other appropriata State cccals a.s mar be Panel may exercise such right. Pubuc waste canagement plan for tse nacal years spectaed by Stata law) of ot.har adjacent 19*2.1953,1954.19&3. and 1584. c.escribtng pamcipmun in the negonator of such States that the Secretary dete.~es =sy be current and p;anned Pedera; activtries for agreement than be provided for and ene.ly and mbsmusca-d ud M a
[
proposed' sita e
e
.a as an na ng nuclear waste and spent nuclear g
re i at tion with the States and Indian tribes, abs 11 (1) To t.be c Az1=u=1 extent f easible. the (4) the Conne.'.1; and Plan shaC inecrporate the views of all the hulop and pW.lah minim gWees for (3) othe* Federn.1 agencies and depart.
c capa en su2 n G above named Tedera; agenc:es and the Coun.
5 nam in sectico 8M.
g gn2de11m ot a cu. If agn.iacant crergencies cf opinion es.
>11ure to comply with these guide 1*nes sh&U The Secretary th&M permit at least ninety 1sts among such agenclea. Inclucng the it be a basis for judicial review, daTs !ct such review and comment.
Council, on major issues. the d-stt Plan aball (d) The Secretary sha;.1 prepa.re a gn. !
indlette Where such cvemncies cf opinion (c) The cooperatve ag*eement my in*
Proposed Site Bapert after considaring the er'.st and shau inetude the relevant options clude, but need not be ilmt:ed to, the shar.
em p
p for consideration t'y the President fouowing ing 13 accWdance Mth appuCaW 1aw of au tion (c) and shall subm2t such Anal Pro.
tbs ruhwan of pubite and agency com. tees t and ucemg informacon. the posed Site Report together with such com.
ment pursuant to paragraph (2).
u.uizauon of avauacie eApercae, the Acu*
menta to the Congresa (2) The Secreta y sham rnaxe the draft Lating of permitting procednres,)otn* project Pitu avausble for public cor-ment together remw and the formnt**%s of Wnt sumQ.
NET DEMoNZ24 MoeTs j
with any d:vervent opinions (and relevant lance and snonttoring arrangements to carry Ste. 903. (a) The Secretary shan-
- ottons) on the Pian of the above named out applicaW Tederal and State lawa auch (1) at the esdies f=W* tse prior to D*-=.MI*I "ttt the d.-a."t Plan, revised sa
- Par'ertents and ag** and of the coopraun agree =1ent than provide pro.
the intended submianian by the Secretary to
' " least sirry days, and shall cedures for negocating and resolving objec* the Nuclear Reg.tintory C"*e of an M* m.
Mns of the Erpository Remw Panel in any application for a *1 cense to construct the T
"rht of the pubue co-mta stage of ce pla nnm. aiur.g. development, main shaf t of a nuclear wasta repositwy. or
'-t a.O? --*
- Prealdent, concurrant with catmcuan e ope.-st.Jon of auch a facility (2) in the event thsd the Secretary is not P
within the State;.,Protmied, howeve*. That required by law to obtain a lice. nae fract the
- 4
- of the draft Plan to the
.%ve named rede.u d,,a,t.
any men
, can not met ce uu. Nue2eu R,, to y ~,,,4.<.m fy me s
" vies and the Council shall clear Regulatory Ca *
- W s authartty struction of the matn ths.ft of such reposl.
' "s on the draft Plan to the under existing law.
tory, at the estilast fema 1W time peor to
- %e (d) Por the purpose of this part of this understaking site pr9aen work landing President than revtew the title " process of consultation and concur. constmcuon of the snain shaft of such 4 the commants and views be rence" means a methodology by which the repNNfy.
' 9 and shall resolve any dJter. Secretary ( A) keeps the Repoaltory Review prepare a Repository Development Report.
- nted pursuant to paragraph Panel fuuy and currently infortned about The Secretary shau immediately notify the
- l. # %
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g
'e e.
my W,RW b.
CONGRESSIONAL RECDRD-SENATE i
-S10271 mopeastery moview panel et thi Ctate an not undertaka site properation work tammar
- nated limits to be. breached on pereuntages wh6e such proposed repamatory weals he to the construction cf as anata shaft of a af nuclear weste or spent futt deutenated in located of his domston to prepare theme
- proposed repository,unless and until hi shall ths last mentence of sabescuan (g) unless tory Devanopment Report.
have surmatted a Repostory Development spec 1Acauy s.uthertzed my tas Congress.
(b) The aepeettery Development Repod Report for euch tvpository to the congress.
(t) The secretary aban report annusur to shau====*
(s) In adaluon. If the reevent mapository the congmes ont (1) m nuater of eartes (1) the uesame appuestion for the repeal. Revtee panel has fuod objections to the me. of radioactivity in demastaantly stored spat tory prepared by the searetary for the No. part under sub4 action (4), the Secretary may fuel and in nondefense or civtuan nuclear clear megulatey -- Incluetas not Ale such an appussman or undertaa* weste; (2) the paraentages in one reposstory any relevant enetsonmental unpest state. auch site paparsuon -wash it during the of nuclear waste (in curus) arteing from de.
6 anents or in the event the meerstary is not staty. day pertoe of contaneous seeston fo1* fense acuvtues of the sec.etary an relation ~.,
aste required by laer to obtaan a umanee fresa lowtag subalttat of such soport either mone*
to su other nuclear.wory. or spent fust (in the Commismon for the conurucuan of tae of Congree. - a necanuen pursuant to cunes) at such,.
main abatt of such repealtory, a documaant section 10s essaang in substance that the T teams ancan...
' contataing enaparable inforanation and Repositoty Development Report does not snarysta.
auschantly addreas state and nomi concerns Sac. 900 (a) The Secutary 6 9-(3) a plan for the transport of hash-level to permit the secretary to apply to the Com.
(1) at the earuest femalble time prlar to nuclear fuel to the repasttery. including an ' aussion for a license to construct such r,.
the submienton t y any Federal agency or do.
or tramuranic contaminated weste or spent posttery or if euch a 11annee la not required partment to the Nuclear hogulatory Comannis.
ma===.-at of anttotpaamd envira-**8 by law, to proceed irith aanstrucuan of such mion of an appuestson for a llosase to em.
health, and safety impaces and a desertp..repoettery: Prostded, Aoisever. That if (A) place alaniacant qtaantttaen of high.nevel or,
e tion of emergency. planning procedures; the aforemenstoned objecuens have been transuranse contamsnated weste or spent and Aled. (3) such repoeltory la a reposttery pri., nuclear fuel into a npository; or (3) any plan to provide Anancial assist. Inaruy for the disposal of high4evel or trans.
(2) in the event that such agency or do.
anoe to State or local governmente or Indian uranic contaminated wastes produced partment is not required by law to obtaan tribes with respect to health, safety, env1 through the defense activitsea of the Secre, a license froen the Nuclear Regulatory Com.
Fonmental, economic, or aos.1al impacts arts. taryi and (C) the President not1Aes both mission in order to emplace signiacant quan.
ing from the proposed ropository.
Nouses of Congnes in wetting at the time of Uttes of high-level or transurmanc contami.
(c) The yoderal egeneses and departments submittal of the Repository Development Be.
nated nuclear waste or spent nuclear fuel named in section 301 shall eastst the Secre. port of his determination that development into such npository, at the earuest feasible
- l tary by coor*a*he with-the Secretary's of the repository as essential to promote the time ptter to W=='== 2e emplacement of preparation of a Reposttery Development Re. national escurtry of the United States, then such waste or spent nuclear fuel into such i
port for a proposed repository, the prepare. the secretary may proceed with such site 6 MPository, tion by such agencies and departments of preparation worh and may proceed to apply prepare a Repository I.cading Report irtth any pertinent Environmental Impact State. to the Nuclear Regulatory Commission for a respect to such reposito y.
ments mandated by the National Enttron. mama to construct such repealtory, or if (b) The Repository Loading Report pm.
mental Foucy Act so as to svold unnecessary such a 11oense is not required by Inw. to pared with respect to such npos: tory shau delay and duplication of acort. Nothing in proceed with construction o!such repository contain the information required in the Re.
this title than be construed to relieve any unless both Houses of Congress abau within pository Development Report prepared with Federst agenev or, department et any duty sixty days of continuous esaston pass a reso. roepect to such repository appropriately up.
imposed by 1 Lat Act.
lution stating that in substance that said dated. De Repository Loading Report for *
(d)(1) The Secretary shau prepare th,e report does not sufBciently address State and such repeattory shall identify any signiacant Repository Development Report Mth respect local concerns to permit the Secretary to ap.
diferences between the plans, descriptions, to such proposed repositcry in close coopera. ply to the commisalon for a ucense to con. and analyses contained therein and those tion with the appropriate Review Panel and struct such repository or,if such a license is presented in the Reposttery Development Re.
shau incorporste the views of such Panel in. not required by law, to proceed with con
- port prepared with respect to such repost.
to such Repoeltory Development Report to struction of such repository.For the purposes tory. SpecLa! e=phaats shau be given to as.
the marimum extent femalble, of this proviso. a reposi.ory primarily for messing the signi$cance of information col.
(2) The Secretary shan also consult with the disposal of high level or transuranto lected during the course of the construction the Governor (or other appropriate State of.
contaminated wastes produced through the of the repository to the analyses of the Scials as spec 12ed by State law) of adjacent defense actirttles of the Secretary is one anticipated environmental, health, and States that the Secretary determines may be designated by the Secretary in the Repos1 safety impacts of such repository.1f the fore.
directly and substantiauy acected by the tory Development Report covering such re-going information is contained in an appu.
repository described in the Reposttory Devel. pos1*ory to contain an amount of such high* cation prepared by the Secretary for a license opment Report and with the governing bodies level or transurnale wastes which is ninety from the Nuclear Regulatcry Commission to
. of Ind11an tribes in adjacent States that may per centum or more (tn terms of curies) of load high level of transuranic contaminated be so afected and shan incorporate the views the total amount of nuclear waste and spent waste or spent fuel in such repository, then of such of5c1&ls into the Repository Develop. fuel to be placed in the repository, and in such application may serve as a Repository ment Report to the maximum extent feasible, which any nuclear wastes or spent fuel from Loadtng Report.
(3) Upon completing the R.rpository De-nondefense and licensed act!ntles is limited (c) The Secretary shall-velopment Report, the Secretary shall submit to 2 per centum or less (tn terms of curies) of (1) prepare the Repository Loading Re.
the Repository Development Report to the the total amount of such wastes and spent por) with respect to such repository in close Review Pane! !or anal renew and to the Oov. fuel in storage in the United States at the cooperation with the Bener Panel cf the ernor (or other appropriate State c :cials as time of such designation.
State in which the repository is located and may be spectaed by state law) of adjacent (s) In the event that either souse of shan incorporate the news of such Panel States that may be directly and substantially Congrees passes a naolution as spec 1 Sed in into such report to the maximum extent sceeted by the repository described in the paragraph- (f) (or both Bouses pass such a feasible:
Repository Development Report. and with resolution pursuant to the proviso in par **
(2) the Secretary than also consult with the governing bodies of Indian tribes in ad.
graph (f)) with respect to a Repository D**
the Governor (or other appropriate State of!!.
jacent States that may be so afected, and velopment Report the prohibition set forth cials as spec 1 Sed by State law) of such ad.
shan mahe the Report avaLlable for pubuc in subsection (f) ahan remain in efect until jacent States as the Secretary determines comment. The Secretary shall also solicit the such time as--
may be directly and substantially acected by comments of the Council on such Report.The (1) the Secreta.ry shall have submitted to the loading of the repository described in Secretary ahan suow a period of ninety days the Congress a retteed Reposito y Develop
- the Repository Inseng Repan and shall for such comunenta. The Repoeltory Review ment Report with respect to such repository, incorporate the views of such oscials into Panel shall Ale any formal objections to the and the Repository Loading Report to the mazie Report before the completion of such ninety.
(2) Lf the relevant Repository Review mu.a aztent fosalble: and
~
day period.
Panel has aled objections to such rensed (3) upon completing such Repository (e) ne Secretary shall submit the Repeal. Report under subsection (d) and the fonow. f *'N Report, the Secretary shall solicit to-y Development Report for a proposed re. ing sixty-day period of coctinuous seeston commente on the report h pository to the Congress, together with the elspees utthout either House or both Houses objections of the appropriate Review Panel.if of Congrees. as the case may be passing n (A) the Review Panel, any, the comments of other interested States, resolution as spec 18ed in subsection (f) with (B) other interested States, including including spectScally those of adjacent. 41 respect to such rensed Repoaltory Develop. spec 1Seauy the vievs of the Governor (of rectly and substantiany afected States, and ment Report.
Other appropriate State otr41als as may be such other commenta as the Secretary has Each revised Repository Development Report spectaed by state law) of other adjacent received with respect to such report.
thall be prepared pursuant to the procedures States that the Secretary determines may be (f)(1) ne Secretary may not file an ap. set forth in th14 section and in section 1003 dre@ and substantiauy aEscted by the plication with the Comminion for a 11osnae perutntng to the preparation of Repository losang of the reposuory..
to construct the main shaft of a repository, Development Reporta.
(C) the pub!!c.
cr if no such 11 cense to required by law, may (h) na Secretary shau not tuov destga (D) the Councu, and
.gl
Julj 20i1980t.MW E
. mag.c pa(rtmette nasned in eastion 801,the other Pederal agenales ahd do.
E) meses betag tastuded tf the secretary han as tha came may be, to th amended the report pursuant to cubesetton to e resoluttes with respect to a teorganian. *.
r.
- nis secroury shnu anew a period of ninery 90a m.
4 non plan shan be decided wtmout debata....
days for the receipt of such eomanente.
bec. 909. (3) No later than the arst day Sec. 012. In coastiering any Repository
~*
Development Report oubautted to the Cen. ;'
(4) *fbe Secretary may not empleos alg. et seaston fouosing the day on which a me.
ntAcant quantattes of nuclear wastes or apeng poantory C _, at Report is tranasaltted nuclear fuel lato any repository. unless and to the Bouse of Representatives and the grens pursuant to this title, the Congrams sasys obtain me vtews and aa== ants of 2e Nu.J 1.'..~,..y until the Secretary shall have submitted to Senate under eastion 904. a resolution, as clear Regulatory h=ta=taa on such report.JU/..
EM Congrees a Repeattery Imading Report deaned in eestion pot, shau be introduced The provtalon of views by me ea-i ian g.4, prepared with respect to such repository. Ory request) in the Rouse by the chairsman shau not be construed.ae h1ading the Can-M together with the comments of the appro. of the committee to which the Report is M.
Enlaston with respect to any usenaing action *I, prtate Nuclear Waste Repository Review terred. or by a Member or 18a=W of the penatning to 2e repository which is the. v W %
Pantl. and a period of forty.8ve days of son. Mouse designated by such cha.ltman, and subject of such Repository Development *;.
11aucus seeston of Congnes (na deemed in shall be introduend (by request) in the Sen. Report.
-y e ~~
secttts 905) aball have elapsed. Congrees may sta by the ensarman of the comtnittee to Sec. 913. The paanage of a resolution by ?.*',,,.~,
by concurrent reso.luuon waive this forty. which the Report is referred. or by a Mem. the Congnes pursuant to this title shan tawt gje e,,. day pertos.
bar or Membere of the senate deassnated no way be considered as binding with respect *.
v by such chairman.
to any Doenatar action of the Nuclear Regu.,
,0 ooweasmanowar msverw reocsovsas ros assoorrosv sevutorasswt asposto (b) A resolution with respect to a Repent. 1 story na==tamaa. pertaining to se repost... '.
tory Duelopment Report ahan be referred anc. 906. (a) The Secretary shall have a to the appropetate committees of the nouse tory which is the subject of suah remetutwaaF.M Q Repository Development Report delivered to srvacy oss eruxa uwa -
~~
bith Bouses on the same day and to each and senato (and au resolutions with respect to the same report shan be referred to the Sec. 914. (a) Nothing in this Act aban af.
Etuse whue it is in session.
same enemmittee) by the Prestdant of the ua=th au2W of W Mu hpW t
(b) Any time during the peMod of thirty c
- = Man to uoenas and regulat taltndar toys of continuous senaton of Con. Senate or the Speaker of the House of Repre.
eentatives, as the once may be. The commit. 3,yg,, g,,,,y,,,g,,,,,,m
,e h,igh.
grees after the date on which the Report la tee shau make its recommendations to the 8P8hl huCl**r fu*1818888 and,T a
- pur.
transmitted to it but before any resolution House of Representatives or the Senate, re. suant to ase a 22 of the Energy Reorga.
described in section DOS has been orgiered "A*"
reported in either House, the Secretary ma7 spectteely, within forty.Sve calendar days of I
P"""""I ** ****I""
mak3 emendments or mod 1Rcations to the continuous nession of Congrees following the g"I, [g, date of such resolution's introducuen.
report. to address any concerns raised to it Sec. 910. If the committee to which is re.
(b) Nothing in this AM shall asempt any by tb3 typropriate Repository Review Panel erbich modiacations or revisions shan there* ferred a resolution introduced pursuant to Federal departsnent or agency from the to.
subsection (a) of section 909 (or. in the quiremenu W the Nauonal Entronamenta!
citer be treated as a part of the RepositorF absenes of such a tesolution the Arst resolu.
I A".W in thia AM ahan asen me au.
Derslopment Report originally transmitted tion introduced with respect to the same (c) and shau not asect in any way the tinne Repeattery Development Report) has not re.
Many of States to snapen nuclear faculues Itmita Ctherwise prorided for in this Act, ported such resolution or idenucal resolu. as design &W pursuant u mte law pumuant Tb3 President may withdraw the Repository to ucWn W 24 A Energy Act.
tion at the end of forty.sve estendar days of L4vslopaint Report any time prior to the. continuous seaston of Congress after its in.
(d) Mhing in M AM is intended M conclustra of staty calendar days of con
- troduccon, suen committee shan be deemed Fant any Su any auhuy with nspect tinuous nession of Congress foDowing the dMe on which the report is submitted to to be discharged from further consideration m the stung, doekpunent. w loading of any
- Congress, of such resolution and such resolution stan p
ory, empt as spec 1Acauy provided be placed on the appropriate calendar of the Src. 906; For the purpose of the Act (1) House involved.
Sec. 915. In tu ennt that th site of a conti=utty of session is Proken only by an Esc. 911. (a) When the committee has re.
proposed repository is located on lands which adjournment or Congress sine die and (2) ported, or has been deemed to be discharged are (1) owned by an Indian tribe or held in the days on which either Rouse is not in (under section 910) from further conalders. trust tw such tribe by the Federal Govern.
measton because of an adlournment of more tion of, a resolution with respect to a M*
tnent and (2) within the boundaries of the thin three days to a day certain are es.
orgmention plan. !t is at any time thereaftAr reservation of euch tribe, the tribal organiza.
cluded in the computation of any period of in order (even though a prertous motion to uon. as denned in section 4(c) of the Indian titns in which Congresa la in continuous sesa the same street has been disagreed te) for Self-Determination and Education assistance
- alon, any hiember of the respective House to move Act exercising the powers of self government Ste. 907. Sections 905 through til of th a to proceed to the conalderation of the resoa as defined in section 201(2) of the Act of Act are enacted by Congress. (1) as an eser. lution. The motion is highly priftleged and Apru 11. 1968 abeu have the dams righta can of the rulemaking power of the Senate is not debatable. The motion shan not be under this title as the Repository Review and the House of Representatives, respec. subject to amendment, or to a motion to Panel for such repository.
tirely, and as such they are deemed a part postpone, or a monon to proceed to the con.
3 of the rules of each House, respectively but sideration of other usta s A mot n r 8 HIP AND FUN CIONS OF NUCLEAR WASit REPOSfTORT ytETIEW PAN 18 cur to to low in that ou o n t e agreed to or disagreed to sha!! not b, in tsrAat.zswurn or netzAn waert aspostroar of resolutions described by section 908 of order. If a.. motion to proceed to the con.
arvtrw PANTtA thit Act: and thef suoersede other rules sideration of the resolution is agned to, the only to the extent that they are inconsistent renclution shau remain the unAn!shed bus 1*
Sec.1001. (a) Any governmental organiza*
tion, task force. council, committee or other tnerewith: and (2) with full recognition of ness of the respective HouM untu disposed of.
body estabit&hed by State law to represent the ecostitutional right of either Hou*e to M Debate on the resoluuon. and on au chants the rules (so far as relating to the debatsble motions and appeals in connocuon such State in its relations Mtb the Federal procedurs of that House) at any 11em in the mnwith, shau be limited to not more than oo,trnment concerning the siting, develop
- same manner and to the same estent as in ten hours, which aball be divided eq111117 snent, and loading of nuclear waste and spent the case cf any other rule of that House.
wween indanduals favulng and indinduala fuel repositories shau be doetned to be a Nu-Sec. 90s. Por the purposes of the Act opposing the poolution. A motion further to clear Waste Repository Review Panel for 2e "rasolution" means only a resolution of ilmit debate is in order and not debatable. purposes of this Act: Proputed, howeoer, That such panel must include representation for
- either House of Congre.s. the matter after An amendment to, or a motion to postpone, afected Indian tribes.
the resloving clause of which is as followet or a motion to proceed to the consideration (b) In the mut that within one hundred s #
7 tat the believes. that the Repcel. of other business, or a motion to scornmit tory Development Report relating to the pro = the resoluuon is Dot in order, A motion to and twenty days aftef recalpt by h Omr*
nor of a State of not1Acation of the Secre*
Poaed development of a repoeltory at reconalder the vote by which the resoluuan tary's intention to study an tres within such within the State of trawmitted to is agreed to or disagreed to shou not be in state as a poestble site for a nuclear vaste or Congrees by the Secretary of Energy on order.
spent fuel npository. pursuant to meetion
+
16-- (as amended by the Secretary (c) Im nediately following the conclusion 901(a) such State shall not have estabitsbed of Endtry on
.19--) does suffleiently of the debate on the res31ution with respect by law a governmental body to represent the adansa Etate and local concerns to permit to a morganization plan, and a single quorum state na desertbed in subeoetton (al. the Gov-the See?etary to apply to the Nuclear Retu. can at the concluglon of the debate if ernor of such State sta.11 estabitsh a Nuc1' ear 14 tory Commission for a license to conttrtiet requested in accordance with the rulee of the Waste Repository Review Psoel pursuant to,
such rstwsttery or. If such a licerve is not appropriate House, the vote on final approval section 2002.
recuired by law, to permit the Secretary to of the resolution Shan occur.
(c) The requirements of title IX concern.
proceed Mth the construcuon of such re.
(d) Appeals from the decisions of the Chatt ins the preparauon of Proposed Site. Reposi*
positor7?. the blank spaces therein being relating to the application of the rules of tory Development. and Repository Loading appropriately Alled and the text in paren. the Senate or the. Rouse of Representatives. Reporta and their submission to the Con
- O b
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c'J7MS%
' nat ths pram-eastaaned sa tstle The mouca to lay an the table was the aarmamte means to ' protect them.
on nponatory es eiopmans and leneas ggreed to.
eelves.
- euvium or m searmary mau ass.appy Mr. JOHNSTON. Mr. President. I ask Those cf us wh3 have, in th3 past, et.
Q"P" *Qnpostury ess"b unanimous aaaaant that the blu 8. 2189 tempted to czplain th) necessity cf lov g,g ba innhed in such staae pussuant to mas soeuan. be printed as passed.
income energy maststance for cochng as (4) A mortow Panet estatuahed pursuang The PRESIDING OFFICER. Without won as for besung have faced a diabeult to secuaa sottb) wtm suspees to a proposed objection it is so ordered...
battle. It is easy enough to dramatise reposatory stuas. esvelopmans, and loadang and envision the dangers of danth from acuvtuen ta a easte ahan asmunue to fua**
.PRITILEGIS OF THE FLOOR-the cold, but the menace posed by in-uanunut-tense heat over a longer period of time (1) the seeretary formaaly mettaes the 5.J. RES.185 somehow lacks impact. It is easy to ridi.
7MSIands to atu lop or a
Mr. JOHNSTON. Mr. Prealdent. I ask cule cooling assistance as " air-condi.
repository la auch state; unanimous consent that during the con. tioning sid" and see cooung as a luxury.
(2) the secretary formaur souses the me-siderstloft of Senate Joint Resolution It has taken 2.000 deaths,2.000 trage-Thw Panel eat a Repealtory 1Andans Re-185 the sano11ne rationing legislation. dies-many of them naadia=a- *a drive port prepared wsth respect to such npoeltory privileges of the floor be granted to Rick home the fact one can die just as surely has been submasted to the congrene pu'*
suant to ensuon sos, and the chairman of. Richard, of my star, and the ic11owing.and as cruelly from the heat as from the ma Panat thereafter eesaans the Panet to be
...w.,a of the stag of the Comminae on.. cold. In fact Mr.Pramidant I enmat to-Energy and Natural Resources: Dan call an incident in which 2,000 people in uch uma as may be prooded by the Dreyfus. Jim Bruce. Ben Cooper. Mike this country died from cold in the course itwo of the state estabitshing the Review Earvey Steve Rickok. Dave Swanson, of a month.
Panel..
Chack Trabardt, and Carol Garnett.
After the events of the past month. I usussassar or arenw rawna The PRESIDING OFFICER. Without think'we can all agree that there is an sac.1002. A Review Panel convened pur-objection. it is so ordered.
urgent and obvious need for a program suant to neousa 'co1(b) aban ennanes of-to enable low-income Americans to con.
(1) the Oevernor convening the Panel who tend with the sharply higher energy shau serve as the chairman of the Panel: TRANSFER OF CERTA'N FUNDS To costs involved in cooling. We can agree I
and FUND TEE EEAT CRISIS PROGRAM that heat kius as surely as cold. We can (2) esven addnaonal indnesduals frota the state of the convening Governor to be ap.
Mr. BENTSEN. Mr. Prealdent. In be, agree that there are mmiana of Ameri-l pointed by the oovernor and to serve at the half of myself and Mr. Cazz.r.s. Mr. Dor.z. cans in need of sa=Ma**; and in need pleasure of the Governor. 'ne convening Mr. Neww Mr. EAct.rvow Mr. MATsUWAGA. of a fan and the sasurance that they can oovernor shan include on the Panel andartd-Mr. Btracrzas. Mr. Pavoa. Mr. Joxxsvow, run it without fear of bankruptcy. These usis who an local government or Indian trib*
Mr. Lowc. Mr. Towta. Mr. Jzrstw. Mr. Americans do not need help in October eneials of the area under study by the De-
%**"mTine1Nd e p Mposed SAsssa, Mr. Douzxter. Mr. CocraAx, Mr. or November; they need it today. Before Dawroavn. Mr. Boarx and Mr. Basra. I it is too late. Before another needless sent death occurs, M.' pres. s bill to the desk and sak that it be kin Fo ODP gnately.Mr. President,wehave an umed to have been read twice and m nt i m
o nity to pmide that a.saistance.
natun. ang that we proceed to immadNe consider.
(s) intensted residents of the state. es..ation.
This" bill is being conskiered in view of i
t i
caps, that such naadenta shall be selected so I shall yield myself 2 minutes, if I the entergency situation confronted by
. es to ensure represensuon of a broad range might, because I see the distingiushed people in every region of this country at-cf views on nue. ear waste repository stung. Senator from Tham and the distin. tempting to cope with a heat wave un.
I dsvelopment and loading noeues.
guished Senator from Florida are precedented in its severity and duration.
ruweviows or es.trw r&Nne present.
The situation la as follows. The Co:n-sec.1003. (a) A metter Panet established The PRESIDING OFFICER. Without munity Serdcas Abrintetration has ex-pursuant to secuan tool shau enter into objection it is so ordered.
tended some $21 m1Elon in energy crisis l
an agnement with the secretary as spechd The b!!! will be stated by title. The leg. assistance grants to the various States in secuon 901 and anau meet regularly to r**
islative clerk read as fonows:
wM has not been spent and, efective view current and planned acuans of the Department with respect to the slung. con.
A but (s. sess) to anow the transfer of June 30 can no longer be spent. The struction, and operauon of the relevant pro-eertain funds to fund the heat crists pro, assets for urgently needed cooling assist-posed repost ortes uithin the state for which gram.
ance exist but cannot be utilized. The the neview Panel has been convened. Repre*
The PRESIDING OFFICER. Without money will have to be rett.*ned by the i
sentauna of the seentary shau mut regu* objection, the bill will be considered as States to the Federal Governm.ent.
larly with the Bernew Panet to erpists the havin8 been read the second ti:ne at My legislation w u!d permi the CSA l
Department's actartues and to obtain the to borrow a compezable arnount-821 views of the Panel thereon.
length and the Senate will proceed to its idllion-from its rurs.1 development consideration.
(b)(1) In accordance wtth its agreement loan fund and to rtimburse the fund with the seentr.ry as desertbed in secuon The Senate proceeded to consider the 901, a Review Panel shall cooperate closely Dill-from unused energy crisis assistance grants which must be returned from the with the secretary in the preparauon of a Mr. BENTSEN. Mr. Pr.:sident, when States.
Proposed site. Repository Development and more than 2.000 Americans, most of Section II of my b!11 would waive the Repository Loading amports prepared pur* thern elderly and infirm, die in a month June 30 cut-of date for best crisis pro.
sur.nt to secuona 902, soa, and 904.
from heat-related causes. I think we cau gram grants by CSA, enabitng the ad-(2) such mertow Panel aban, within ninet7 all agree that is an emergency. When ministration to respond to a crisis that t h th.
y, c
d soc 2 many of these people die because they has become apparent only during the D
suas rateed in the neceta concering the site cannot a5ord fans to cool themselves, or past month.
or reposttery discussec.thereta. and may hold cannot acord to run up their electricity Section IIIinsures that any fimds ex.
public heartage on the reporta la support of bill--even when their very lives tJe in pended under this act will be extended such rettew.
danger-I think we can all agree that is to States or anas which have ex-(3) within ninety days after the mertew a national crisis of the first order.
perienced extreme best conditions for a Panet receives any Proposed site, nepoettorY Today Mr. President, the U.S. Senate significant period of time according to Devolpment or neposttery loaator naport' has an opportunity to demonstrate that CSA and NOAA criteria and contain the members of the Panel shall submit their it can deal quickly and efectively with a signi$ cant numbers of low income in.
$r No threat to the well being of our constitu-dividuals whose health is menaced by ub n to th enta. We have an opportunity to dern. heat.
Mr. JOHNSTON. Mr. President. I onstrate trat we riu not tolerate a situ.
So there are three elements to this move to reconsider the vote by which the ation in which the most vulnerable ele. legislation. Mr. President: Parst, author.
bill as amended, was passed.
ments of our population-the poor, the 1ty for CSA to borrow $21 million from i
Mr. DOMENICI. Mr. President. I move elderly. the ill--.become the primary vie. the Rural Development Ioan Fund, with I
to lay that motion on the table, tims of a heat wave because they lack the assurance that the Fund will be paid l
i 4
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l
't to CHRONOLOGY OF THE FLOOR DEBATE ON S.2189, l.
"THE NUCLEAR WASTE POLICY ACT" l
f l-Page References to Description of Important Aspects of the Enclosed. Sections of Floor Debate:
the-Congressional Record:
July 28 1980 S.9970 Consideration of S.2189 begins.
- S.9974-Senator Randolph (D-W.VA) makes reference to S.2980, the waste bill reported by the Senate-Committee on the Environment and Public Works.
S.9981 Senator Glenn offers 'Unprinted Amendment No.
1449 (Glenn-Percy Amendment).
.S.9981 -.9985 Text of Amendment No.1449.
S.9988 Debate on S.2189 is temporarily halted.
S.10000 Debate on S.2189 resumes.
S.10007 Senator Johnston (D-LA) proposes Unprinted Amendment No.1450, an amendment in the second degree to the Glenn-Percy Amendment (No.1449).
S.10007 - 10009 Text of Amendment No.1450.
S.10009 The Glenn-Percy Amendment (No.1449), as amended by Amendment No.1450, was agreed to by a roll i
call vote of 83-0.
S.10010-Senator Johnston, for himself and Senator Jackson (D-WA), offers Unprinted Amendment No.1905, which conforns S.2189 to the Budget Act.
Text of Amendment No.1905.
j Amendment No.1905 is agreed to by voice vote.
Senator Hatfield (R-0R) offers Unprinted L
Amendment No.1655, which assures full cost recovery.
L..
!U
j CHRONOLOGY -- CONT.
2.
I Page
References:
==
Description:==
- S.10010 Debate on S.2189 is concluded for the day of l
July 28,1980.
i July.29,.1980 S.10050 Debate on S.2189 resumes with further considera-tion of Amendment No.1655.
l.
I S.10052 Amendment No.1655 is set aside.
- Senator Hatfield offers Unprinted Amendment No.1656, which clarifies that the U.S. should I
i-not design or build a storage facility to acconinodate reprocessing wastes unless.a 1
decision is made to undertake reprocessing.
S.10054 Amendment No.1656, as modified, is accepted.
by voice vote.
Senator Hatfield offers Unprinted Amendment No.1657, which is a simple clarification.
l S.10055 Amendment No.1657 is agreed to by voice vote.
L Amendment No.1655 is reconsidered, and Senator Hatfield offers a modification to this amend-ment.
i Text of Amendment No.1655, as modified.
l S.10056 Amendment No.1655, as modified, is agreed to by. voice vote.
Senator Bradley, for himself and Senator Hatfield, proposes Unprinted Amendment No.1452, which requires an Environmental Assessment be done on proposed HLW disposal sites.
.S.10057.-
Text of Amendment No.1452, as modified.
Amendment No.1452 is agreed to by voice vote.
l-Senator Thurmond (R-SC), for himself and Senator Hollings (D-SC), offers Unprinted
. Amendment No.1453, which calls for the establishment of a regionally-based low-level waste disposal policy.
e
.,,.--..<-w-<---,v,-
=
w,-
1
- m-*=r
" ~ - * - - *
- CHRONOLOGY -- CONT.
3.
1 Page
References:
==
Description:==
S.10057 Text of Amendment No.1453 S.10060 Amendment No.1453 is agreed to by voice vote.
Senator Thurmond, for himself and Sen& tors Hollings, Johnston, and Hatfield, offers Unprinted Amendment No.1454, which provides that DOE consult with State officials with respect to siting of AFRs.
i S.10060 - 10061 Text of Amendment No.1454.
1 S.10064 Amendment No.1454 is agreed to by voice vote.
S.10065 Senator McClure (R-ID) offers Unprinted Amend-ment No.1455, which concerns the availability of spent fuel transportation casks.
Text of Amendment No.1455.
Amendment No.1455 is agreed to by voice vote.
Senator McClure offers Unprinted Amendment No.
1456, which clarifies that the use of presently available spent fuel pools be maximized.
Text of Amendment No.1456.
Amendment No. 1456 is agreed to by voice vote.
S.10066 Debate on S.2189 is temporarily suspended.
S.10067 Debate on S.2189 resumes.
Senator McClure offers Unprinted Amendment No.
1457, which adds the definition of " test disposal" to the bill.
Amendment No.1457 is agreed to by voice vote.
S.10069 Text of the Unanimous Consent Agreement that is to govern further debate on S.2189.
S.10070 Debate on S.2189 is concluded for the day of l
July 29,1980.
L l
l I
CHRONOLOGY -- CONT.
4.
I Page
References:
Descriptions:
July 30, 1980 S.10238 Debate on S.2189 resumes.
S.10239 Senator Hart (D-COL), for himself and Senators Simpson(R-WYO),Randolph(D-W.VA),Stafford (R-VT),andCulver(D-IOWA),offersUnprinted l
Amendment No.1470, which eliminates an in-correct reference.
Text to Amendment No.1470.
S.10240 Amendment No.1470 is set aside.
Senator Hart, for himself and Senators Simpson, Randolph, Stafford, arid Culver, proposes Unprinted Amendment No.1471, which clarifies the NRC's licensing authority under the Energy Reorganization Act of 1974.
S.10241 Text of Amendment No.1471, as modified.
S.10242 Amendment No.1471 is set aside.
Senator Hart, for himself and Senators Simpson, Randolph, Stafford, and Culver, offers Un-printed Amendment No.1472, which concerns recalculation of the one-time payment.
Text of Amendment No.1472.
Amendment No.1472 is set aside.
Senator Hart, for himself and Senators Simpson, Randolph, Stafford, and Culver, offers Un-printed Amendment No.1473, which requires DOE to submit to Congress and NRC site characterization reports of at least one demonstration geologic repository for HLW by January 1, 1985.
S.10244 Amendments Nos.1470, 1471, 1472, and 1473 are agreed to en bloc by a voice vote.
Senator Hart, for himself and Senators Simpson, Randolph, Stafford, and Culver, offers Un-printed Amendment No.1474, which calls for the minimization of AFR use and construction and the maximization of on-site storage pool use and construction.
. -.. - ~. -..
1 CHRONOLOGY -- CONT.
5.
l Page
References:
Descriptions:
S.10249 Senator Johnston (D-LA) refers to Amendment No.
1474 as a " killer amendment".
S.1057 Senator Johnston moves to table Amendment No.
1474.
Amendment No.1474 is tabled by a vote of 51 -
44.
S.1062 Senator Simpson (R-WYD) and Senator Johnston have a colloquy which concerns the NRC waste confidence proceeding.
The Senators state that nothing in S.2189 precludes the NRC from conducting and concluding such a proceed-ing..
S.10266 The Senate passes S.2189, as amended, by a roll i
call vote of 88 - 7.
S.10266 - 10273 Text of S.2189, as amended and passed.
,o l-
\\
II 90Tu CONORESS 2D SESSION IN THE SENATE OF TIE UNITED STATES JULY 30 (legislative day, JUNE 12), 1980 Ordered to be printed as passed AN ACT To establish a program for Federal storage of spent fuel from i
civilian nuclear powerplants, to set forth a Federal policy 5
and initiate a program for the disposal of nuclear waste from civilian activities, and for other purposes.
1 Be it enacted by the Senate and House of Representa-2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the " Nuclear Waste Policy 4 Act".
5 TITLE I-FINDINGS AND PURPOSE 6
FINDINGS 7
SEC.101. The Congress finds and declares that-8 (a) a reliable system adequate to provide sufficient l
9 electrical energy to meet the Nation's current and an-I 10 ticipated needs is an essential part of a comprehensive
['
i 2
1 national energy policy and is vital to national security j
2 and public welfare; 8
3 (b)'an adequate electrical system requires a diver-g 4
sified base of primary energy sources in order to avoid 5
excessive reliance upon any single alternative energy g
6 source; 4
7 (c) a diverse base of primary energy sources can 7
8 be achieved only if each available source competes on S
9 an equal footing in decisions on the siting and con-g 10 struction of facilities for generating commercial electric g
11 power; 13 12 (d) nuclear energy can-18 13 (1) make a significant contribution to na-ig 14 tional supplies of electricity; ig 15 (2) offer site-specific advantages in environ-ig 16 mental impact, cost, and fuel availability over yg l-17 other primary sources of energy; and
~
17 18 (3) help reduce United States dependence on yg 19 insecure sources of foreign oil; 19 20 (e) lack of an effective Federal policy for the in-2@
21 terim storage of spent fuel and disposal of nuclear 21 l
22 waste from civilian nuclear activities unreasonably bur-23 l
23 dens the choice of nuclear energy as an alternative pri-gg 24 mary source in decisions on siting and construction and 26 I
~
3 1
operation of powerplants and unduly constrains efforts 2
to establish a diverse base of primary energy sources; 8
(f) the Federal Government has the responsibility 4
for the interim storage of spent fuel from civilian 5
nuclear powerplants'and the disposal of high-level ra-6 dioactive waste from civilian nuclear activities in order 7
to protect the public health and safety and common de-8 fense and security; 9
(g) the costs associated with the storage and dis-10 posal of nuclear waste from civilian activities should, to 4
11 the greatest extent possible, be borne by the direct l
12 beneficiaries of subh activities and should be considered 13 in the selection or rejection of nuclear energy over 14 alternative primary energy sources; 15 (h) the technology exists and is unde develop-16 ment which would provide reasonable assurance that 17 spent fuel and high-level radioactive waste can be 18 safely disposed of and that disposal facilities for spent
.19-fuel and high-level wastes can be available when 20 needed; 21 (i) nuclear wastes generated in the national de-22 fense program have been accumulating for more than 3
23 thirty years, and spent nuclear fuel and nuclear wastes 24 from the commercialindustry are increasing rapidly; i
lL--
4 1
(j) nuclear waste has become a major issue of 2
public concern, and stringent precautions must be 3
taken to ensure that nuclear wastes do not adversely 4
affect the public health and safety of this or future -
5 generations; 6
(k) the siting, development, and loading of nuclear 7
waste repositories are responsibilities of the Federal 8
Government; 9
(1) confidence in the ability of the Federal Govern-1 10 ment to manage a program providing for the safe and 1
11 permanent disposal of nuclear wastes must be substan-1 12 tially increased if nuclear power is to contribute signifi-1 13 cantly to meeting the energy needs of the United I
14 States in the future; I
15 (m) Federal nuclear waste disposal programs have 16 been ineffective due to-I 17 (A) inadequate coordination among the var-
]
18 ious Federal agencies and departments which 19 have responsibilities relating to nuclear waste 20 management; 21 (B) the lack of a policymaking process which 22 integrates the views of all Federal agencies and 23 departments into a comprehensive Government-24 wide policy;
5 1
(C) the lack of an organizational mechanism 2
which affords States, localities, and the public the 8
opportunity to participate fully in the formulation 4
of Federal nuclear waste management policy; and 5
(D) the lack of an organizational mechanism 0
which allows States and localities to review Fed-7 eral plans for the development of nuclear waste 8
disposal facilities, and to ensure thereby that such 9
plans adequately protect State and local interests; 10 (n) a State Planning Council on Nuclear Waste I
11 Management must be established to afford States, lo-12 calities, and Indian tribes the opportunity to participate 13 fully in the formulation of Federal nuclear waste man-14 agement policy; 15 (o) a Nuclear Waste Management Plan which re-16 flects the views of all Federal agencies and depart-17 ments with responsibilities pertaining to nuclear waste 18 management and the views of the State Planning 19 Council on Nuclear Waste must be developed and peri-20 odically updated in order to-21 (A) improve the coordination of the activities 22 of Federal departments and agencies with respect 23 to nuclear waste management; and
t 6
1 (B) provide a sound and credible basis for the 2
safe storage and disposal of nuclear waste and 3
spent fuel; 4
(p) Nuclear Waste Repository Review Panels 5
must be established to ensure that States and localities 6
have adequate opportunities to review plans for the de-7 velopment of Federal nuclear waste disposal facilities; l
8 and 9
(q) the Secretary must increase his efforts to con-10 sult and coope ate with States and localities concern-7 11 ing Federal repository siting, development, and loading y
12 activities.
y 13 PURPOSE 7
14 SEC.102. The purpose of this Act is to-
)
15 (a) assume the Federal responsibility for the ac-
)
16 quisition and interim storage of spent fuel from civilian
)
17 nuclear powerplants and for the disposal of high-level 3
18 radioactive waste from civilian nuclear activities; 3
19 (b) establish a definite Federal policy for the dis-3 20 posal of high-level radioactive waste from civilian nu-21 clear activities; 22 (c) authorize the Secretary to-1 23 (1) acquire or construct at least one facility 1
24 for the interim storage of spent fuel from civilian 25 nuclear powerplants;
4 7
1 (2) select a, technology and design for a 2
system comprised of at least one Federal facility 3
for the disposal of high-level radioactive waste 4
generated by civilian nuclear activities and to 5
select a site and design for the first component of 6
such a system; 7
(3) fm' ance the construction, operation, and 8
maintenance of nuclear waste storage and disposal 9
facilities; and 10 (d) accelerate the examination and consideration 11 of alternative technologies for the disposal of nuclear 12 waste; 13 (c) establish a State Planning Council on Nuclear 14 Waste Management to provide State, local, and Indian 15 tribal views in the area of Federal nuclear waste man-l 16 agement policy development; l
1 17 (f) improve coordination of Federal nuclear waste
{
l 18 management programs and to require the preparation l
I 19 of an annual Nuclear Waste Management Plan which j
[
20 reflects the views of allinterested parties; 21 (g) provide for improved consultation and coopera-22 tions between the Department of Energy and States 23 and localities concerning Federal repository siting, de-I 24 velopment, and loading activities subject to congres-q 25 sional resiew; and
8 1
(h) establish Nuc, lear Waste Repository Review 1
2 Panels, to ensure that States and localities have ade-1 3
quate opportunity to review Federal plans for the de-1 4
velopment of nuclear waste disposal facilities.
4 5
TITLE II-DEFINITIONS f
6 SEC. 201. As used in this Act the term-(
1 7
(1) " civilian nuclear powerplant" means a utiliza-8 tion or production facility for the generation of com-f 9
mercial power, as that phrase is used in the Atomic il 10 Energy Act of 1954, which is or will be licensed under 11 such Act; l'
12 (2) " Commission" means the Nuclear Regulatory 1:
13 Commission; 1:
1-14 (3) " disposal" means the long-term isolation of 1-15 material, including long-term monitored storage which l'
16 permits retrieval of the material stored; 1
17 (4) " environmental impact statement" means any 1
18 document prepared pursuant to or in compliance with 1
19 the requirements of section 102(2)(c) of the National 20 Environmental Policy Act of 1969 (83 Stat. 852);
3 3
21 (5) " Secretary" means the Secretary of the De-2 22 partment of Energy; 2
23 (6) " spent fuel" means nuclear fuel that has been 2
24 irradiated in and recovered from a civilian nuclear S
25 powerplant;
.}
n 9
r 1
(7) " Council" means the State Planning Council 2
on Nuclear Waste Management; 3
(8) " Department" means the Department of 4
Energy; 5
(9) " Review Panel" means'a Nuclear Waste Re-6 pository Review Panel; L
7 (10) " Plan" means the annual Nuclear Waste 8
Management Plan; 9
(11) " Governor" means the Governor of a State, g
~^
10 or successors to the Governor, during their respective 11 terms of office, or their designees; 12 (12) " nuclear waste" means high-level waste, i
13 transuranic contaminated waste, and low-level waste; 14 (13) "high-level waste" means the highly radioac-15 tive wastes resulting from the reprocessing of spent 16 nuclear fuel, and includes both the liquid waste which 17 is produced directly in reprocessmg and any solid ma-18 terial into which such liquid waste is made; i
19 (14) " transuranic contaminated waste" means ma-20 terial contaminated with elements having an atomic 21 number greater than 92, including neptunium, pluto-22 nium, americium, and curium, in concentrations of l
23 greater than 10 nanocuries per gram; 24 (15) " low-level waste" means material contami-25 nated with radioactive elements emitting beta or S. 2189-pp--2
10 1
gamma particles or with traces of transuranic elements 1
2 in concentrations less than 10 nanocuries per gram; 2
3 (10) " repository" means a facility for the disposal 8
4 of high-level waste, transuranic contaminated waste, or 4
5 spent nuclear fuel, whether or not such facility is de-f 6
signed to permit the subsequent recovery of such mate-(
7 rial, except for facilities to be used exclusively for re-8 search and development purposes containing an insig-9 nificant amount of such material; 10 (17) " storage" means retention of nuclear waste l'
11 or spent nuclear fuel with the intent to recover such 1
12 material for subsequent use, processing, or disposal; 1
13 (18) " local government" means any political sub-1 14 division of a State including any town, city, township, 1
15 borough, parish, village, county, or other general pur-3 16 pose political subdivision of a State; 1
17 (10) " Indian tribe" means an Indian tribe, as de-18 fined in the Indian Self-Determination and Education 10 Assistance Act (Public Law 93-638);
20 (20) " nuclear waste and spent nuclear fuel man-21 agement" means the transport, storage, and disposal of 22 nuclear waste and spent nuclear fuel; 23 (21) " main shaft" means the primary vertical 24 access shaft of a nuclear waste repository;
~
11 1
(22) " site characterization" means the program of 2
exploration and research, both in the laboratory and in 3
the field, undertaken to establish the geologic condi-4 tions and the ranges of thore parameters of a particu-5 lar site relevant to the procedures under this part. Site 6
characterization includes borings, surface excavations, 7
excavation of exploratory shafts, limited subsurface lat-8 eral excavations and borings, and in situ testing needed 9
to determine the suitability of the site for a geologic 10 repository, but does not include preliminary borings 11 and geophysical testing needed to decide whether site 12 characterization should be undertaken; 13 (23) " major nuclear waste facility" means any fa-14 cility in which will occur the interim storage of spent 15 fuel from a civilian nuclear reactor, the disposal of 16 such spent fuel or of high-level radioactive waste from 17 civilian nuclear activities, or the transportation of such 18 spent fuel or waste, and which will have a total esti-10 mated cost to the Federal Government of $5,000,000 20 or more; and 21 (24) " test disposal" means the emplacement in a 22 repository of an amount in excess of 100 canisters of 23 spent nuclear fuel, high-level wastes or transuranic 24 contaminated waste.
12 1
TITLE III-INTERIM STORAGE OF SPENT FUEL 2
FROM CIVILIAN NUCLEAR POWERPLANTS 3
SEc. 301. (a) It is the policy of the Federal Government 4 to provide, as soon as possible, an assured and predictable 5 capacity for the interim storage of spent fuel from civilian 6 nuclear powerplants.
7 (b) The policy under subsection (a) shall provide for-5 8
(1) maximizing, by utilization of available spent 9
fuel pools to the maximum practical extent, the storage 10 of such spent fuel at the site of each civilian nuclear 11'
. powerplant; and 12 (2) the establishment of a federally owned and op-13 erated system for the interim storage of spent fuel at 1$
'14 one or more away-from-reactor facilities.
1(
l15 SEc 302. The Secretary, the Commission and other ap-
~
1E 16 propriate Federal officials shall take such actions as they
~
Id 17 consider necessary to encourage and expedite the use of ic 18 available storage at the site of each civilian nuclear power-1@
19 ! plant consistent with-c 1@
20.
(a) the protection.of the public health and safety; 21 21 (b) economic considerations; 2\\
22
.(c) continued operation of the powerplant; 23
-(d) the sensibilities of the population surrounding 2i 24 such powerplant; and 2:
o 25
. e) otherwise applicable law.
(
2 l
]
s
--a 13 1
SEC. 303. (a) The Secretary, consistent with such crite-2 ria as he pr'. cribes under the policy set forth in section 301, 3 shall offer to enter into, and may enter into, contracts with 4 persons owning and operating, or planning to own and oper-5 ate, civilian nuclear powerplants. Those contracts shall pro-6 vide that the Federal Government will (1) take title to spent 7 fuel from the powerplants, (2) transport the spent fuel to fed-8 erally owned and operated interim away-from-reactor storage 9 facilities and store such fuel in the facilities, and (3) dispose 10 of waste prrducts associated with such spent fuel.
11 (b) Nothing in this Act authorizes the Secretary to take 12 title to spent fuel, transport spent fuel or dispose of spent fuel 13 or the waste products associated with spent fuel from a nu-14 clear powerplant not located within the United States.
15 SEC 304. A contract entered into under section 303 16 shall provide-i 17 (a) for a one-time payment at the time the Feder-18 al Government acquires the spent fuel of a charge per 19 unit of spent fuel, as such unit is defined by the Secre-20 tary, which charge is determined by the Secretary to 21 be adequate to cover-22 (1) the cost of transportation of such spent 23 fuel; 24 (2) the proportion of the costs of the con-25 struction and the operation, maintenance and
~
14 1
decommissioning of Federal interim away-from-2 reactor storage facilities which proportion is 3
associated with such spent fuel; and 4
(3) a surcharge to reflect the cost of long-5 term disposal of high-level radioactive waste asso-G ciated with such spent fuel; 7
(b) for the retention by the owner of such spent 8
fuci of a nontransferable right to the value of the 9
remaining fuel resource less the costs of recovery, as 10 determined at the time of recovery. The right ends 1
11 when the Federal Government-1 12 (1) takes action resulting in the recovery of
{
13 the remaining fuel resource, and 14 (2) gives to the owner of the right an amount 15 of money equal to the value of the recovered fuel 16 less the costs of recovery; l
17 (c) that title to the spent fuel together with all i
18 rights to such fuel, except as otherwise provided in.this 19 Act, passes to the Secretary at the site of the power-20 plant at the time the Secretary takes possession of the 21 spent fuel; 22 (d) that the contract becomes effective when the 23 interim away-from-reactor storage facility is available 24 as determined by the Secretary by notice.n the 25 Federal Register; and
~-
15 1
(e) for adjustment and recalculation of the one-2 time payment established under subsection (a) of this 3
section; and assessment of any difference to be paid or 4
reimbursed at the time such spent fuel or associated 5
radioactive waste is placed in long-term disposal.
6 SEC. 305. (a) The Secretary shall provide notice of 7 intent to enter into such contracts by publishing notice in the 8 Federal Register not later than one hundred and eighty days 9 after the date of the enactment of this Act. Such notice shall 10 contain such information as the Secretary considers appropri-11 ate concerning proposed terms and conditions of such 12 contracts.
13 (b) The Secretary shall establish the one-time payment 14 charge per unit of spent fuel required by subsection 304(a) on 15 an annual basis, based on calculation of the costs and sur-16 charge listed in subsection 304(a), and shall publish such l
17 annual one-time payment charge and the calculation thereof 18 in the Federal Register. Each such annual one-time payment 19 charge shall become effective thirty days after publication 20 and shall remain cffective for a period thereafter of twelve 21 months as the charge for the costs and surcharge listed in 22 subsection 304(a) for any spent fuel, title to which is trans-23 ferred to the Federal Government during that twelve-month 24 permd.
J 16 1
SEC. 306. (a) The Secretary shall construct or acquire 2 at least one away-from-reactor facility for the interim storage 3 of spent fuel from civilian nuclear powerplants. The facilities 4 shall-l 5
(1) be made available in adequate capacity and in 6
a timely manner to accommodate all spent fuel for 7
which commitments have been made pursuant to sec-8 tion 303 of this Act; and j
(2) be subject to a license under the provisions of 9
. 10
- section 202(3) of the Energy Reorganization Act of' i
11 1974 (88 Stat.1233).
12 (b) The Secretary, in providing for the transportation of
-l 13 spent fuel under this Act, shall utilize by contract private 14 industry to the fullest extent possible in each aspect of such 15 trartsportation. The Secretary shall use direct Federal serv-16 ices for such transportation only upon a determination of the 17 Secretary of Transportation, in consultation with the Secre-
.. 18 tary, that private industry is unable or unwilling to provide 19 such transportation services at reasonable cost. The authority 20 of the Secretary to enter into contracts under this sec' tion 21 shall be limited to the extent or in such amounts as are pro-22 'vided in appropriations Acts.
23 (c) The Secretary and the Commission, on a continuing 24: basis, shall analyze and'make projections of the availability
- 25 when needed of spent fuel transporte"on casks required to v
+
17 1 support Federal transportation requirements pursuant to sub-2 section (b). The Secretary and the Commissien are author-3 ized and directed to take such actions as the Secretary and 4 the Commission, respectively, deem necessary and appropri-5 ate to ensure the timely availability when needed of such 6 spent fuel transportation casks.
7 SEc. 307. When an interim away-from-reactor storage 8 facility is available, the Secretary shall take possession of and 9 transport to a designated storage facility any spent fuel cov-10 cred by a contract made under section 303 of this Act. The 11 Secretary shall take this action within thirty days after the 12 date on which the owner of such spent fuel provides notice in 13 writing to the Secretary that such spent fuel is available.
14 SEC. 308. Funds made available to the Secretary for 15 the purpose of-16 (a) acquiring plant and capital equipment or land; 17 or 18 (b) for planning, construction, or modification of 19 facilities, 20 to make available facilities for the interim storage of spent 21 fuel froni civilian nuclear powerplants away from the reactor 22 under any law making appropriations of funds or authoriza-23 tions for appropriations of funds for the fiscal year ending
- 24. September 30,1979, or the fiscal year ending September 30, 25 1980, including funds authorized and appropriated for Project S. 2189-pp 3
l 1
18 1 79-1-p (Away-From-Reactor Spent Nuclear Fuel Storage 2 Capacity) in legislation authorizing appropriations for the De-3 partment of Energy for the fiscal year ending September 30, 4 '1980, shall be available to carry out the purposes of section 5 306.
6 SEC 309. (a)In carrying out the provisions of sections 7 301 through 308 with regard to any facility for the interim 8 storage of spent fuel from civilian nuclear powerplants which 9 the Secretary is authorized by section 306(a) to construct or 10 acquire, the Secretary shall:
1 11 (1) as soon as practicable, but not later than 90 1
12 days after enactment of this section, notify in writing 1 !
13 the Governor and the legislature of any State in which 1:
14 is located a potentially acceptable site for such a fa-1 15 cility or an existing facility potentially suitable for in-1 16 terim storage of spent fuel of his intention to investi-1-
t i
17 gate that site or facility; 1
18 (2) during the course of investigation of such site 1
19 or facility, keep the Governor and the legislature cur-1; 20 rently informed of the progress of work and results of 2,
(
21 the investigation; 2
22 (3) at the time of selection by the Secretary of 2
l 23.
any site or existing facility, but prior to undertaking 2
24
.any site-specific work or alterations, promptly notify g'
1
19 1
the Governor and the legislature in writing of such 2
selection; 3
(4) throughout the course of any subsequent work 4
on that site or existing facility, furnish the Governor s
5 all relevant information on a current basis and provide 6
him with the opportunity for review and comment from 7
time to time.
8 (b) If within a reasonable time after the Governor has 9 received notice of selection required by subsection (a)(3), the 10 Governor notifies the Secretary in writing of his objections to 11 the facility, the Secretary shall suspend further work on such 12 facility and promptly transmit the Governor's objections to-13 gether with the Secretary's comments and recommendations 14 to the President.
15 (c) Unless within ninety days after receipt of the Secre-16 tary's notification under subsection (b) the President deter-17 mines that such facility is essential to the national interest, 18 the Secretary shall terminate activities specific to the facility.
19 Such determination shall not be subject to judicial or adminis-20 trative review.
21 (d) During the regulation and monitoring of the facility, 22 the Governor or his designee shall have the right to be cur-23 rently informed of all relevant facts and matters, and shall 24 have access to all relevant documents, and have the right to 25 review and comment on such matters from time to time.
L
)
l 20 i
i 1
SEc. 310. Section 202(3) of the Energy Reorganization o
2 Act of 1974 is amended to read:
3
"(3) Facilities used primarily for the receipt and storage 4 of high-level radioactive wastes or spent fuel resulting from
-l 5 activities licensed under such Act or spent fuel from foreign 6 reactors transferred under a subsequent arrangement author-7 ized under such Act.".
l 8
SEC. 311. Transportation of spent fuel under section '
9 303(a) shall be subject to licensing and regulation by the 1
10 Commission as provided for transportation of commercial I
11 spent fuel under existing law.
12 TITLE IV-DISPOSAL OF.HIGH-LEVEL RADI0AC-1 13 TIVE WASTE RESULTING FROM CIVILIAN 1
i 14 NUCLEAR ACTIVITIES
-1 i
l' 15 SEc. 401. It is the policy of the Federal Government to 1
16 provide, consistent with section 301, a federally owned and-1 17 operated system for the disposal of all high-level radioactive 18 waste resulting from civilian nuclear activities.
I 19 SEC. 402. Within one year after the date of the enact-20 ment of this Act, the Secretary shall transmit to the Con-21 gress a proposal for a system consisting of at least one fa-22 cility for the disposal of high-level radioactive waste resulting 23 from civilian nuclear activities. Such facilities shall be de-I 24 signed to-
i 21 1
(a) accommodate spent fuel from civilian nuclear 2
activities without reprocessing, as well as the high-3 level radioactive waste from other civilian nuclear ac-4 4
tivities, including reprocessing of such spent fuel if 5
such reprocessing is undertaken in the United States; 6
(b) permit continuous monitoring, management, 7
and maintenance of the spent fuel and high-level radio-8 active waste for the foreseeable future; 9
(c) provide for the ready retrieval of any spent 10 fuel and high-level radioactive waste for further proc-11 essing or disposal by an alternative method; and 12 (d) safely contain such high-level radioactive 13 waste and spent fuel so long as may be necessary, by 14 means of maintenance, including, but not limited to, re-15 placement as necessary, of such facility.
10 SEC. 403. The proposal shall include-17 (a) the. general description, cost estimates, and l
18 construction schedule for a system which shall be ini-10 tially designed for a capacity adequate at a minimum 20 to receive in a timely manner the high-level radioactive 21 w'aste produced by all ongoing civilian nuclear activi-22 ties and the spent fuel from the operation of all civilian 23 nuclear powerplants for which any application for any 24 Federal license or permit has been received prior to 25 the date of the enactment of this Act; and
22 1
(b) site-specific designs, specifications, and cost 2
estimates adequate to solicit bids for the construction.
3 of an initial facility within the system which will dem-4 4
onstrate the feasibility of long-term retrievable disposal 5
of spent fuel and high. level radioactive waste and 6
which has capacity of at least one thousand spent fuel 7
rods along with a volume of processed high-level radio-8 active waste from civilian activities liinited to the 9
amount sufficient to accomplish the purpose of this 10 subsection.
11
. SEC. 404. In formulating the proposal, the Secretary 12 shall consult with the Commission and the Environmental
- 13. Protection Agency, and shall transmit their comments on the 14 final proposal to the Congress together with the proposal.
15 SEC. 405. (a) Preparation and transmittal of the pro-16 posal to the Congress is not a major Federal action signifi-17 cantly affecting the environment within the meaning of sec-18 tion 102(2)(c) of the National Emironmental Policy Act of 19 1969 (83 Stat. 852) but an emironmental assessment shall 20 be prepared on the proposal to accompany such transmittal 21 based upon available information regarding alternative tech-22 nologies for waste disposal.
i 23 (b) When Congress authorizes construction of the initial 24 facility, the requirements of the National Environmental l
25 Policy Act shall apply, except that any environmental impact l
~
s.L-4e
'4..
J
+
28
? :-
1 7'c7-1 statement in connection with such facility need not consider s
2 any alternative to the design criteria set forth in section 402 3 of this Act as may have been amended by such subsequent 4 congressional authorization.
~
5 (c) Any facility authorized under this title shall be sub-6 ject to a license under section 202(3) of the Energy R.corga-7 nization Act of 1974 (88 Stat.1233), except that in its con-8 sideration of the application filed by the Secretary for the q
9 initial facility, the Commission may not consider any alterna-10 tive to the design criteria set forth in section 402 of this Act 7 ~
.t 11 but shall comply with the requirements of the licensing proc-l 12 ess as otherwise provided by law.
13 SEC. 406. (a) The Secretary shall continue and acceler-A 14 ate a program of research, development, and demonstration 15 of the geologic disposal in mined repositories of high-level 16 radioactive waste from civilian nuclear powerplants, with the 17 objective of submitting w Congress and the Commission site 18 characterization reports for construction of at least one dem-i 19 onstration repository by January 1,1985.
20 (b) The Secretary shall also c',tinue and accelerate a 21 program of research, development, and investigation of alter-22 native technologies for the disposal of high-level radioactive 23 wastes from civilian and national defense activities. Such s
4>
24 program shall include examination of various waste disposal 25 options including, but not limited to-
.,1
j 1
l w
i
'24 1'
.(1) advanchd : technologies for' the long-term re-2-
trievable storage of nuclear waste; 3
.(2) placement in deep ocean sediments;
,4 (3) placement in very deep. drill holes; 5
. (4) placement in a mined cavity in a manner 6-which leads to rock melting; (7f (5) partitioning of reprocessing waste, transmuta -
.i 8
tion of radionuclides, and geologic disposal of radio-9.
active wastes; and.
10
'(6) ejection into space.
4 11
-(c) The programs to be carried out under subsections (a) 12 'and (b) include-13 (1). collection of baseline. data and environmental
'14-information' about potential disposal sites; i'
-15
^(2) dissemination of fundamental scientific infor-
' 1'6 mation; L
=17 (3) development, analysis, and validation.of pre-L 18 dictive models;
!19
-(4) extensive, independent, objective review of re-20.
sults by scientific experts, and of proposed facilities and
- 21 operations ~ through the licensing process;.
22 J(5) practical experience, including careful monitor-
.o 23:
.ing of radioactive waste isolation ' systems;
- 24 (6) a demonstrated capability to take any needed
-25 corrective or mitigating actions; and n
,:L
25 1
(7) an ongoing research and development program 2
to increase the state of knowledge about the disposal of 3
nuclear waste.
4 (d) The. Secretary shall report to the Congress his find-5 ings and recommendations resulting from the program au-6 thorized by this section, as follows-7 (1) as a part of the annual report required' by sec-8 tion 657 of the Department of Energy Organization 9
Act (61 Stat. 585) the Secretary shall report concern-10 ing the status of the program; and 11 (2) from time to time, the Secretary shall make 12 recommendations arising from his studies concerning 13 the advisability of modifying or replacing the technol-14 ogy adopted under section 402 of this Act.
15 TITLE V--FINANCIAL ARRANGEMENTS 16 SEO. 501. (a) There is hereby established in the Treas-17 ury of the United States a separate account to provide for (1) 18 the construction and operation of Federal away-from-reactor 19 interim storage facilities for spent fuel, (2) the disposal of 20 such spent fuel or high-level radioactive waste from civilian 21 nuclear activities, and (3) the handling and transportation of 22 such spent fuel or waste. Amounts appropriated under sec-23 tion 308 or otherwise appropriated to the Secretary to carry 24 out any of the purposes of titles III, IV, and V of this Act
{
25 (except section 400), all charges under section 304, receipts S. 2189-pp 1
~
I l,
y.
l I
26 i
1" derived from the sale of any reprocessed fuel, and the pro-
- 2. eeeds from any obligations issued pursuant to section 502 of L
3 this title shall be deposited into the account.
4 (b) To the extent or in such amounts as are provided in p
5 appropriations Acts, the Secretary may draw on such ac-6 count to carry out the purposes of titles III,IV, and V of this
~ 7 Act (except section 406): Provided, That the Secretary shall
~
- 8. not construct or acquire any major nuclear waste facility
- 9. unless the specific expenditure of funds for the initiation of i
10 such construction or acquisition is explicitly approved in an j
- 11. appropriation Act.
l 12 SE'O. 502. (a) To carry out the purposes of this Act the 13 Secretary may borrow money from the Treasury of the 14 United States in amounts provided in appropriation Acts, but 15 not more than $300,000,000. The Secretary and the Secre-16 tary of the Treasury shall agree on terms, maturities, and s
(
17 conditions of the obligations, but the maturities may not be I
18 -'more than thirty years. The Secretary may redeem the obli-191 gations before maturity. The Secretary of the Treasury shall i
~
20 decide the interest rate of the obligations considering the
- 21. average market of outstanding marketable obligations of the L22 United States' Government of comparable maturities during 23 the month before the obligations are issued. The interest pay-24 ' ments on such' obligations may be deferred with the approval F
l25 of the Secretary of the Treasury but any interest payment so
- i,, i.
L J
1 deferred shall bear interest. Such obligations shall be issued l
2 in amounts and at prices approved by the Secretary of the 3 Treasury. The Secretary of the Treasury shall purchase any i
O 4 obligations of the Secretary issued under this section and for 5 this purpose the Secretary of the Treasury is authorized to 6 use as a public debt transaction of the United States the pro-7 ceeds from the sale of any securities issued under the Second 8 Liberty Loan Bond Act. Securities may be issued under that 9 Act to purchase obligations from the Secretary under this
\\
10 section.
11 (b) Appropriations made available pursuant to section 12 308 of this Act and any other appropriations made to the 13 Secretary to carry out the purposes of titles III,IV, and V of 14 this Act (except section 406) shall be repaid into the General I~
15 Fund of the Treasury out of the account, together with inter-16 est until the da;; of repayment at a rate determined by the 17 Secretary of the Treasury taking into consideration the aver-18 age market on long-term obligMions of the United States 19 during the fiscal year in which such appropriations are made.
20 The Secretary shall repay such appropriation together with 21 interest within thirty years from the time at which such ap-22 propriations become available for expenditure after the date 23 of enactment of this Act, no appropriations to the Secretary 24 are authorized to carry out the purposes of titles III, IV, and 25 V of this Act (except section 400) unless the amounts appro-l
i l
28 1 priated are deposited into'the account established in section 2 501(a).
3 TITLE VI-LOW-LEVEL WASTE 4
SEC. 601. (a)It is the policy of the Federal Government 5 that-6 (1) each State is responsible for the disposal of 7
low-1evel radioactive waste generated by non-Federal 8
related activities within its borders; I
9 (2) low-level radioactive waste can be most safely
)
10 and efficiently managed on a regional basis.
11.
(b) To carry out the policy set forth in subsection (a),
{
12 each of the several States, the territories, and possessions of
(
18 the United States and the District of Columbia, are author-14 ized and encouraged to develop and submit to the Congress,
~
15 for subsequent review and consent, agreements or compacts 16 with any other State or States relating to the management 17 and disposal of low-level radioactive waste on a regional l'
l 18 basis. Compacts or agreements made pursuant to this Act 19 may restrict the use of regional disposal facilities to the dis-20 posal of non-Federal low-level radioactive waste generated 21 within the region.
22 SEC. 602. (a) In order to assist the States in carrying 9
23 out the' policy set forth in section 01 of this Act, the Presi-l 24 dent shall prepare and submit to Congress and to each of the
o 29 I
1 fifty ' States within one hundred and twenty days after the
-l 2 date of the enactment of this title a report which-
'3 3
(1) defines th6 disposal capacity needed for pres-q r
1 4
ent and future low-level waste on a regional basis; f
i l
5
.(2)(A) defines the status of all commercfal low-
[
l U
6 level nuclear waste disposal sites, including those lo-7 cated at:
8 (i) West Valley, New York, 9
(ii) Maxey Flats, Kentucky, 10 (iii) Beatty, Nevada, 11 (iv) Sheffield, Illinois, l
12 (v) Richland, Washington, and 13 (vi) Barnwell, South Carolina; 1
14 (B) includes an evaluation of the license status of 15-each such site, the state of operation of each site, in-l 16 cluding operating history, an analysis of the adequacy i
17 of disposal technology employed at each site to contain 18 low-level wastes for their hazardous lifetimes, and such 19 recommendations for remedial actions and regulatory l
20 reforms as the Secretary considers appropriate to j
21 assure protection of the public health and safety from 22 wastes transported to such sites;
.;I-
-23 (3) evaluates the transportation requirements on a
- j-24 regional basis and in comparison with performance of i
5 25 present transportation practices for the shipment of l
l a
30 1
low-level nuclear wastes, including an invenwry of 2
types and. quantities of low-level wastes, an evaluation
=S of shipment requirements for each type of waste and
.4-an evaluation of the ability of generators, shippers, and 5
' carriers to meet such requirements; 6
(4) evaluates the capability of the Department of 7
Energy owned and operated low-level waste. disposal 8
facilities to provide interim storage for commercially 9
generated low-level waste and estimates the costs as-
-10 sociated with such interim storage; and (5) recommends additional research and develop-11 12 ment, as needed.
13-
- (b) In carrying out this section the Secretary shall con-14 sult with the Governors of the several States, the Nuclear 15. Regulatory Commission, the Environmental - Protection
-16 Agency, the United States Geological Survey, and the De-17 partment of Transportation, and such other agencies and de-o
- 1E partments as he finds appropriate.
_ c) The provisions of this. Act shall take effect on Octo-(
- 19
- 20 ber 1,1980.
- 21 SEc. 603. The Secretary of Energy is authorized and 22 directed to provide to the several States financial and techni-23 cal assistance to carry out the policy set forth in section 601
- 24 of this Act.
a 4
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v
7 31
-1 TITLE VII-ESTABLISHMENT, MEMBERSHIP, AND
[
2 FUNCTIONS OF STATE PLANNING COUNCIL 3
ON NUCLEAR WASTE 4
ESTABLISHbiENT OF THE (:0UNCIL 5
SEC. 701. There is established an advisory committee to 6 be known as the State Planning Council on Nuclear Waste i
i 1
7 (hereinafter referred to in this Act as the " Council").
t,
]
8 31Eh1BERSHIP OF THE COUNCIL 9
SEC. 702. (a) The Council shall consist of eighteen 10 members. Fourteen members shall be appointed to the Coun-11 cil by the President. Of these fourteen members, eight shall 12 be Governors, five shall be State and local elected officials 13 other than Governors, and one shall be a tribal government 14 representative. The remaining four members of the Council 15 shall be the Secretaries of Energy, Interior, and Transporta-16 tion, and the Administrator of the Environmental Protection l
17 Agency. The Nuclear Regulatory Commission shall partici-
!J F
l 18 pate as an observer in Council activities. Of the members of
[
l l
19 the Council selected from among elected officials, seven shall 20 be appointed for a one-year term and seven shall be ap-21 pointed for a two-year term. Appointments, or reappoint-l 22 ments, at the expiration of the initial terms shall be for terms 23 of two years. Appointments to fill a vacancy occurring before 24 the end of a term shall be for the balance of the term. No 25 member who is an elected official may continue to serve on r
)
32 l' the Council if that member ceases to be an elected official.
2 The Chairman with the concurrence of the Council may ap-3 point nonvoting special advisors to the Council.
-4' (b) In appointing members of the Council, the President 5 shall endeavor to ensure representation of a broad range of 6 views with respect to nuclear waste and spent nuclear fuel 7.' management and to ensure representation of geographical I
8 areas which are users of nuclear power and of geographical.
9 areas which are serving or may be likely to serve as locations 10 for nuclear waste and spent nuclear fuel storage or disposal 11 or which may be directly or substantially affected by those
'12 activities.
13 (c) The President shall designate one of the members of M the Council as chairman. Only the Governor of a State is 15 eligible for designation as Chairman of the Council.
16 FUNCTIONS OF THE COUNCIL 5
17 SEC. 703. The Council shall provide advice and recom-18 mendations to the President, the Secretary of Energy and, as 19 ' appropriate, other Federal agencies,.the Congress and the 20 State and local governments and Indian tribes on nuclear 21 waste management (including management of spent nuclear L
22 fuel)..In carrying out its advisory functions the Council L
23 shall-i 24.
(1) recommend procedural mechanisms for review-
.25-ing nuclear waste management plans and programs in L
l
i 33 l
l 1
a way to ensure the timely and effective involvement i
2-of State and local governments and Indian tribes; 3
(2) review the development of the National Nu-1 4
clear Waste Management Plan and provide recommen-g l
5 dations to ensure that this plan adequately addresses l
6 the needs of the State and local areas affected; I~
(3) advise on all aspects of siting facilities for 7
' I 8
storage and disposal of nuclear wastes, including the 9
review of recommended criteria for site selection and I
L 10 site suitability, guidelines for regional siting, and pro-g F
11 cedures for site characterization and selection; 12 (4) advise on an appropriate role for State and l
18 local governments and Indian tribes in the licensing, 14 permitting, regulation, and operation of nuclear waste I
15 repositories; 16 (5) advise on proposed Federal regulations, stand-
[
17 ards, and criteria related to nuclear waste management 1
18' programs; and l
19 (6) identify and make recommendations on other 20 matters related to the transportation, storage, and dis-l l
21 posal of nuclear waste that the Council believes are l
22 important.
l 23
' AUTHORITY OF THE COUNCIL
-24 SEC. 704. The Council shall have the authority to-i.
25 (1) designate special advisors;
L l
34 1
(2) utilize, with their consent, the services, equip-2 ment, personnel, information, and facilities of other 3
Federal, State, or. local public agencies, and Indian 4
tribes with or without reimbursement therefor; 5
(3) accept voluntary and uncompensated senices, 6
(4) enter into contracts, leases, cooperative agree-i 7
ments, or other transactions necessary in the conduct 8
of the Council's functions, with any public agency, or 9
with any person,' firm, association, corporation, or edu-I 10 cational institution; and 11 (5) transfer funds to and accept funds from Fed-12 eral agencies to discharge Council responsibilities as 13 set forth in section 703 of this Act.
14 PERSONNEL AND ADMINISTRATION 15 SEc. 705. (a) Members of the Council including special 16 advisors, who are not otherwise full-time employees of the 17 Federal Government, shall receive no compensation from the l
18 United States by virtue of their senice on the Council, but 10 all members may receive the transportation and travel ex-J 20 penses, including per diem in lieu of subsistence, authorized l
21 by law (5 U.S.C. 5702 and 5703).
22 (b) The Chairman of the Council may appoint and fix 23 the compensation of a staff director and such additional per-24 sons as may be necesacy to discharge the Council's respon-25 sibilities. The Director and staff personnel shall be appointed
~
r-l 1
l l-35-1 in accordance with the provisions of title 5, United States 2 Code, covering appointments in the competitive service and 3 should be paid in accordance with the provisions of chapter 4 51 and subchapter III of chapter 53 of such title relating to
, L 5 classification and General Schedule pay rates. In addition, U
6 the Council may obtain the services of experts and consul-E n
1 7' tants in accordance with section 3109 of title 5, United h-l 8 States Code, but at rates not to exceed the maximum rate of 9 pay for GS-18, as provided in the General Schedule under i
10 section 5332 of title 5, United States Code. Any persons who 11 are Federal employees subject to the civil service laws and l
- 12 regulations at the time of appointment to the staff of the 13 ' Council, shall retain civil service status without interruption 14 or loss of status or privilege while employed by the Council.
l 15 (c) The Director and staff personnel may receive travel
'L
]
16 and transportation expenses, including per diem in lieu of 7
17 subsistence, authorized by law.
p 18 (d) A vacancy that may occur on the Council shall not 19 affect its powers or functions but shall be filled in the same t
[
20 manner in which the original appointment was made.
t
[
21 (e) The provisions of the Federal Advisory Committee 22 Act (5 U.S.C. App. I), except as inconsistent with this Act, 23 shall apply to the Council.
24 (f) The Secretaries of Energy, Interior, and Transporta-4 25 tion, and the Administrator of the Environraental Protection e
o 36 1 Agency shall designate one officer to act on his behalf to 2 attend each meeting of the Council as prosided in section 10 3 of the Federal Advisory Committee Act.
4 AUTHORIZATION OF APPROPRIATIONS 5
SEC. 706. There are authorized to be appropriated to 6 carry out the provisions of this title such sums as may be 7 necessary. Notwithstanding section 628-1 of title 31, United 8 States Code, the Department of Energy shall transfer funds 9' appropriated pursuant to this authorization to the Council to 10 carry out the purposes of this Act.
1 11 EXPIRATION OF AUTHORITY 1
12 SEC. 707. The Council shall cease to exist ten years 1-13 after the date of enactment of this Act.
1 14 TITLE VIII-NATIONAL NUCLEAR WASTE j
i 15 MANAGEMENT PLAN
{
1 16 ESTABLISHMENT OF NATIONAL NUCLEAR WASTE
~1 17 MANAGEMENT PLAN 1
18 SEC. 801. The Secretary, in consultation with the State i
19 Planning Council on Nuclear Waste, the Nuclear Regulatory 1
20 Commission, the Council on Environmental Quality, the Di-3 21 rector of the Office of Science and Technology Policy, the 22 Adminierator of the Environmental Protection Agency, the f
23 Secretaries of the Interior, Transportation, and State, and g
24 the head of any other Federal agency or department desig-g 25 nated by the President shall prepare an annual nuclear waste l
C L
4 37 1 management plan for the fiscal years 1982, 1983, 1984, 2 1985, and 1986, describing current and planned Federal ac-3 tivities for managing nuclear waste and spent nuclear fuel as 4 follows:
5 (1) To the ma:rimum extent feasible, the Plan 6
shall incorporate the views of all of the above named i
7 Federal agencies and the Council. If significant diver-8 gencies of opinion exists among such agencies, includ-9 ing the Council, on major issues, the draft Plan shall 10 indicate where such divergencies of opinion exist and 11 shall include the relevant options for consideration by 12 the President following the submission of public and 13 agency comment pursuant to paragraph (2).
l 14 (2) The Secretary shall make the draft Plan avail-15 able for public comment together with any divergent 16 opinions (and relevant options) on the Plan of the 17 above named Federal departments and agencies and of 18 the Council for at least sixty days, and shll thereafter l
19 submit the draft Plan, revised as appropriate in light of 20 the public comments received, to the President; con-21 current with the submission of the draft Plan to the 22 President, the above named Federal departments and 23 agencies and the Council shall submit their views on I
24 the draft Plan to the President.
1 i
o bi fd l',
(3)(A) The President shall review'the draft Plan =
2' and the comments and views he receives thereon and:
l S.
shall. resolve any divergent views presented pursuant' 4'
to paragraph (1), and may further modify the draft L
.5 Plan as he deems appropriate.
6 (B) Protection of the public health and safety shall 7
be foremost among the factors to be weiglied by the
~
8 Secretary in preparing the draft Plan and by the Presi-9 dent in' reviewing the draft Plan.
l 10 (4) Not later than March 1 1982, and March 1 of i
11:
each succeeding ' year thereafter through March 1, 12 1986, the Secretary shall submit the final version of l
13:
the Plan for the next fiscal year to the Congress.
L 14 (5) Any committee of either House.of Congress q
15 I+
reporting a bill authorizing funds for nuclear waste and 16
. spent nuclear fuel management activities shall consider 17 the Plan and may specify in any report accompanying 18 such bill the extent to which such proposed authoriza-p 19-tion is consistent with the Plan.
L
'20 (6) In lieu of preparing an annual Plan for any l
21 fiscal year following 1982 the Secretary may prepare 22-an update of a previous Plan, identifying any changes 1
23 in current and future Federal nuclear waste and spent i
24 nuclear fuel management activities from those de-25 scribed in the previous Plan. Such update shall be sub-l m.
~<.
39 1
ject to all the procedures of this title applicable to 2
annual Plans.
3 TITLE IX-COORDINATION OF STATE REVIEWS 4
AND DEPARTMENT OF ENERGY REPOSITORY 5
SITING, DEVELOPMENT, AND LOADING AC-6 TIVITIES 7
STATE NOTIFICATION 8
SEC. 901. (a) The Secretary shall identify the States 9 with one or more potentially acceptable sites for a repository, 10 including test disposal of high-level or transuranic wastes.
11 Within ninety days of such identification, or within ninety 12 days of enactment of this Act, the Secretary shall notify the j
13 Governor, the State legislature, and the Tribal Council of I
i 14 any affected Indian tribe in any affected State of the poten-t i
15 tially acceptable sites within such State.
l (b) Each affected State and affected Indian tribe notified
~l 16 17 under subsection (a) shall have the right to participate in a 18 process of consultation and concurrence, based on public I
19 health and safety concerns, in all stages of the planning, 20 siting, development, construction, and operation of a reposi-21 tory. The Secretary is authorized and directed promptly to 22 enter into negotiations with each Repository Review Panel 23 described in title X to establish.a cooperative agreement 24 under wnich the Repository Review Panel may exercise such 25 right. Public participation in the negotiation of such agree-l c
3
-y i
40 1 ment shall be provided for and encouraged by the Secretary, a
2' the States and the Indian tribes. The Secretary, in coopera-e 3 tion with the States and Indian tribes, shall develop and pub-
~
41 lish minimum guidelines for public participation in such nego-5 tiations, but the adequacy of such guidelines or any failure to 6 comply with these guidelines shall not be a basis for judicial I
7 review.'
i 1
8 (c) The cooperative agreement may include, but need 9 not be limited to, the sharing in accordance with applicable 10 law of all technical and licensing information, the utilization.
11 of available expertise, the facilitating of permitting proce-
'E 12 dures, joint project review, and the formulation of joint sur-N 13 veillance and_ monitoring arrangements to carry out applica-N 14 ble Federal and State laws. Such cooperative. agreement E
15 shall provide procedures for negotiating and resolving objec-f 16 tions of the' Repository Review Panel in any stage of the S
- 17. planning, siting, development, construction or operation of N
1
- 18. such a facility within the State: Prooided, howeoer, That any N
19 such agreement shall not affect the Nuclear Regulatory Com-0 20 mission's authority under existing law.
21; (d) For the purpose of this part of this title " process of 5
22 consultation and concurrence" means a methodology by k
23 which the Secretary (A) keeps the Repository Review Panel N
24 fully and currently informed about the aspects of the project I
L 25 related to any potential impact on the public health and I
o
41 1 safety, (B) solicits, receives, and evaluates concerns and ob-2 jections of the Review Panel with regard to such aspects of 3 the project on an ongoing basis, and (C) works diligently and 4 cooperatively to resolve such concerns and objections.
5 (e) The Secretary and' the Repository Review Panel 1
6 shall seek to conclude the agreement required by subsection 7 (b) not later than one year after the date of notification under l'
8 subsection (a). The Secretary shall report to the Congress i
I 9 annually thereafter on the status of the agreement approved 10 under subsection (c). Any report to the Congress on the 11 status of negotiations under subsection (b) or the agreement 12 under subsection (c) by the Secretary shall be accompanied 13 by comments solicited by the Secretary from the Review i
14 Panel.
15 PROPOSED SITE REPORTS 16 SEC. 902. (a) At such time as the Secretary, following 17 detailed site characterization and investigation activities at 18 one or more specific possible repository sites, proposes that 19 for the purposes of further Department repository develop-20 ment activities any such site be selected as the location for a 21 repository, the Secretary shall prepare and submit to the 22 Congress a Proposed Site Report describing the site in ques-23 tion, the alternatives considered, if any, and his reasons for 24.the selection of the proposed repository site from among any 25 such alternatives.
i l
I
'42 1:
'(b) The Secretary shall.not undertake further work 2 toward the development of a repository at any proposed site
~ 3 as described in subsection (a), including the preparation of -
L 4-any necessary license application for any such repository,-
5 until forty-five days of continuous session (as defm' ed in sec-L 6 tion 905) shall.have elapsed following his submission to the 7 Congress of the Proposed Site Report specified in subsection j
8 -(a). The Congress by concurrent resolution may waive this i
9 time period.
\\
10 (c) Prior to his submission to the Congress of the Pro-0 11 posed Site Report specified.in subsection (a), the Secretary 12 shall prepare a draft of such report and solicit the views 0
13 ' thereon of-E 14-
-(1) the Repository Review Panel convened in the 6'
15 i
- State containing the repository site; g
16 (2) other interested States, including specifically, E
j 17 the views of the Governor (or other appropriate State 18 officials as may be specified by State law) of other ad-j 19 jacent States that the Secretary determines may be di-1!
20 rectly and substantially affected by a repository at the 21 proposed site; 22 (3) the public; 23 i
(4) the Council; and 24 (5) other Federal agencies and departments 9"
- 25 named in section 801.
1 The Secretary shall permit at least ninety days for such 2 review and comment.
3
.(d) The Secretary shall prepare a final Proposed Site 4 Report after considering the comments he receives pursuant 5 to subsection (c) and shall submit such final Proposed Site j
6 Report together with such comments to the Congress.
7 REPOSITORY DEVELOPMENT REPOR;3 8
SEC. 903. (a) The Secretary shall-i l
9 (1) at the earliest feasible time prior to the in-10 tended submission by the Secretary to the Nuclear 11 Regulatory Commission of an application for a license 12 to construct the main shaft of a nuclear waste reposi-13 tory, or
[
14 (2) in the event that the Secretary is not required 15 by law to obtain a license from the Nuclear Regulatory 16 Commission for the construction of the main shaft of l
t 17 such repository, at the earliest feasible time prior to i
18 undertaking site preparation work leading to construc-19 tion of the main shaft of such repository, 20 prepare a Repository Development Report. The Secretary 21 shall immediately notify the Repository Review Panel of the 22 State in which such proposed repository would be located of 23 his decision to prepare the Repository Development Report.
24 (b) The Repository Development Report shall contain-
3 L'
44 1
(1) the. license application for the repository pre-1 12
- pared by the. Secretary forL the Nuclear Regulatory' 2)
.3r Commission, including; any relevant - environmental
-S 4"
. impact statements, or, in the event the Secretary is not 4
5 required lby law to obtain a license from the Commis-5 u
6' sion forithe construction of the-main shaft of such re-
.6
~
7 pository, a document containing comparable 'informa-7 8
tion and analysis; 8.
p.
.9 (2) a plan for the transport of high-level or trans-gl
[::
10 uranic contaminated waste or spent nuclear fuel to the.
10, 11:
. repository, including an assessment of anticipated envi-lif 1
il2
' ronmental,. health,'and safety impacts and a description y
t
- 13
' of emergency planning procedures; and th l
14
'(3) any plan toc provide. financial assistance to
.if 15 State or local governments or Indian tribes with re-ig 16' spect to health,' safety, environmental, economic, or id 17-
. social impacts arising from the proposed repository.
11 18:
(c).The Federal agencies and departments named in sec-ig 19: tion 801 shall assist the Secretary by coordinating with the ig
- 201 Secretary's preparation of a Repository Development Report gf 121H for a proposed repository, the preparation by such agencies gg 7
22 and departments of any pertinent Environmental Impact gg 23 Statements mandated by the National Environmental Policy 28 o
e 24 Act so as to avoid unnecessary delay and duplication of g(
-S5ieffort. Nothing in this title shall be construed to relieve any 2d y
m, i
45 1 Federal agency or department of any duty imposed by that 2 Act.
3 (d)(1) The Secretary shall prepare the Repository De-4 velopment Report with respect to such proposed repository in 5 close cooperation with the appropriate Review Panel and 6 shall incorporate the views of such Panel into such Reposi-7 tory Development Report to the maximum extent feasible.
i 8
(2) The Secretary shall also consult with the Governor 9 (or other appropriate State officials as specified by State law) 10 of adjacent States that the Secretary determines may be di-11 rectly and substantially affected by the repository described 12 in the Repository Development Report and with the govern-1 13 ing bodies of Indian tribes in adjacent States that may be so 14 affected, and shallincorporate the views of such officials into 15 the Repository Development Report to the maximum extent 16 feasible.
f 17 (3) Upon completing the Repository Development 18 Report, the Secretary shall submit the Repository Develop-19 ment Report to the Review Panel for final review and to the 20 Governor (or other appropriate State officials as may be 21 specified by State law) of adjacent States that may be di-22 rectly and substantially affected by the repository described 23 in the Repository Development R.eport, and with the govern-1
- 24. ing bodies of Indian tribes in adjacent States that may be so l
25 affected, and shall make the Report available for public com-
46 1 ment. The Secretary shall also solicit the comments of the J
2 Council on such Report. The Secretary shall allow a period 3 of ninety days for such comments. The Repository Review 4 Panel shall file any formal objections to the Report before the 5 completion of such ninety-day period.
6 (e) The Secretary shall submit the Repository Develop-4 7 ment Report for a proposed repository to the Congress, to-8 gether with the objections of the appropriate Review Panel, 1
9 if any, the comments of other interested States, including 1
10 specifically those of adjacent, directly and substantially af-li 11 fected States, and such other comments as the Secretary has 1
12 received with respect to such report.
1 13 (f)(1) The Secretary may not file an application with the 1
14 Commission for a license to construct the main shaft of a 1!
15 repository, or if no such license is required by law, may not 1-
~
16 undertake site preparation work leading to the construction l'
17 of the main shaft of a proposed repository, unless and until he 1:
18 shall have submitted a Repository Development Report for R
19 such repository to the Congress.
3 20 (2)In addition, if the relevant Repository Review Panel 9
21 has filed objections to the Report under subsection (d), the 2
22 Secretary may not file such an application or undertake such 3
23 site preparation work if during the sixty-day period of con-3 24 tinuous session following submittal of such Report either 3
25 House of Congress passes a resolution pursuant to section 5
I 47 1 908 stating in substance that the Repository Development 2 Report does not sufficiently address State and local concerns 3 to permit the Secretary to apply to the Commission for a 4 license to construct such repository or, if such a license is not 5 required by law, to proceed with construction of such reposi-l 6 tory: Provided, howeoer, That if (A) the aforementioned ob-7 jections have been filed, (B) such repository is a repository 8 primarily for the disposal of high-level or transuranic con-9 taminated wastes produced through the defense activities of 10 the Secretary, and (C) the President notifies both Houses of 11 Congress in writing at the time of submittal of the Repository 12 Development Report of his determination that development 13 of the repository is essential to promote the national security 14 of the United States, then the Secretary may proceed with 15 such site preparation work and may proceed to apply to the 16 Nuclear Regulatory Commission for a license to construct 17 such repository, or if such a license is not required by law, to 18 proceed with construction of such repository unless both 19 Houses of Congress shall within sixty days of continuous ses-20 sion pass a resolution stating that in substance that said I
21 report does not sufficiently address State and local concerns l
22 to permit the Secretary to apply to the Commission for a 23 license to construct such repository or, if such a license is not 24 required by law, to proceed with construction of such reposi-25 tory. For the purposes of this proviso, a repository primarily i
=
_y i
48 1 for the disposal of. high-level or transuranic contaminated 2 wastes produced through the defense activities of the Secre-3 tary is..one-designated by the Secretary in the Repository 4 Development Report covering such repository to contain an
]
5 amount of such high-level or transuranic wastes which is 90 i
6 per centum or more (in terms of curies) of the total amount of 7 nuclear waste and spent fuel to be placed in the repository, 8 'and in which any nuclear wastes or spent fuel from nonde-9 fense and licensed activities is limited to 2 per centum or less 10 '(in terms of curies) of the total amount of such wastes and 1
11 spent fuel in storage in the United States at the time of such li 12 designation.
li 13-(g)In the event that either House of Congress passes a i
l 14 resolution as specified in paragraph (0 (or both Houses pass if
.15 such a resolution pursuant to the proviso in paragraph (0)
.1,
!6 with respect to a Repository Development Report the prohi-1l 17 bition set forth in subsection (0 shall remain in effect until 1:
18 such time as-1:
19 (1) the Secretary shall have submitted to the Con-1 20 gress a revised Repository Development Report with 2
L21 respect.to such repository, and 2!
22 (2) if the relevant Repository Review Panel has o
. 23 filed objections to such revised Report under subsection l
o, 24 (d).and the following sixty-day period of continuous o'
x25 session elapses without either House or both Houses of
t 49 j
1 Congress, as the case may be, passing a resolution as i
2 specified in subsection (f) with respect to such revised Y
3 Repository Development Report.
4 Each revised Repository Development Report shall be pre-5 pared pursuant to the procedures set forth in this section and 6 in section 1003 pertaining to the preparation of Repository 7 Development Reports.
8 (h) The Secretary shall not allow designated limits to be 9 breached on percentages of nuclear waste or spent fuel desig-10 nated in the last sentence of subsection (g) unless specifically 11 authorized by the Congress.
j l
12 (i) The Secretary shall report annually to the Congress l
13 on: (1) the number of curies of radioactivity in domestically 14 stored spent fuel and in nondefense or civilian nuclear waste; 15 (2) the percentages in each repository of nuclear waste (in 16 curies) arising from defense activities of the Secretary in rela-17 tion to all other nuclear waste or spent fuel (in curies) at such 18 repository.
19 REPOSITORY LOADING REPORTS 20 SEC. 904. (a) The Secretary shall-21 (1) at the earliest feasible time prior to the sub-22 mission by any Federal agency or department to the 23 Nuclear Regulatory Commission of an application for a 24' license to emplace significant quantities of high-level or
_ _ _ _ _ _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ - ~
50 1
. transuranic contaminated waste or spent nuclear fuel 2
into a repository; or 3
(2) in the event that such agency or department is 4
not required by law to obtain a license from the 5
Nuclear Regulatory Commission in order to emplace G
significant quantities of high-level or transuranic con-7 taminated nuclear waste or spent nuclear fuel into such 8
repository, at the earliest feasible time prior to begin-I 9
ning the emplacement of such waste or spent nuclear 10 fuel into such repository, 11 prepare a Repository Loading Report with respect to such i
12 repository.
13 (b) The Repository Loading Report prepared with re-14 spect to such repository shall contain the information re-I i,
15 quired in the Repository Duelopment Report prepared with 16 respect to such repository appropriately updated. The Re-17 pository Loading Report for such repository shall identify any 18 significant differences between the plans, descriptions, and 19 analyses contained therein and those presented in the Reposi-20 tory Development Report prepared with respect to such re-21 pository. Special emphasis shall be given to assessing the 22 significance of information collected during the course of the 23 construction of the repository to the analyses of the antic-24 ipated environmental, health, and safety impacts of such re-25 pository. If the foregoing information is contained in an appli-
t 51 1 cation prepared by the Secretary for a license from the Nu-
~'
2 clear Regulatory Commission to load high-level or transur-8 anic contaminated waste or spent fuel in such repository, 4 then such application may serve as a Repository Loading
~5 Report.
t t
6 (c) The Secretary shall-t 7
(1) prepare the Repository Loading Report with 8
respect to such repository in close cooperation with the 9
Review Panel of the State in which the repository is i
10 located and shall incorporate the views of such Panel 11 into such report to the maximum extent feasible;
]
12 (2) the Secretary shall v. iso consult with the Gov-13 ernor (or other appropriate State officials as specified 14 by State law) of such adjacent States as the Secretary 15 determines may be directly and substantially affected 16 by the loading of the repository described in the Re-s 17 pository Loading Report and shall incorporate the 18 views of such officials into the R.epository Loading 10 Report to the maximum extent feasible; and 20 (3) upon completing such Repository Loading 21 Report, the Secretary shall solicit comments on the 22 report from-23 (A) the Rev%w Panel, 24 (B) ot interested States, including specifi-i s 25 cally the views of the Governor (or other appro-i L-
r
. f 52
- 1 priate State officials as may be specified by State 2;
. law) of: other adjacent States that the' Secretary 8-determines may be directly and substantially af-4 fected by the loading.of the repository,
'5i (C) the public, L6
-(D) the Council, and 1
i 7
i
.(E) the other Federal agencies and depart-
{
8 3
i ments named in section 801.
- 9 The Secretary shall allow a period of ninety days for the l
i 10 receipt of such comments.
b i
(d) The Secretary may not emplace significant quantities d
11 i
112 of nuclear wastes or spent nuclear fuel into any repository
.g
- 13 unless ~and.until the Secretary shall have submitted to the
.g i
1
- 14. Congress a Repository Loading Report prepared with respect 5
i 15 to such repository, together with the comments of the appro-g c16 priate Nuclear Waste Repository Review Panel, and a period
'17 of forty-five days of continuous session of Congress (as de-l' 18 fined in section 905) shall have elapsed. Congress may by li 1
19 concurrent resolution waive this forty-five-day period.
li 20 CONGRESSIONAL REVIEW PROCEDURES FOR REPOSITORY 2
21 DEVELOPMENT REPORTS
~22 SEc. 905. (a) The Secretary shall have a Repository
?
23 Development Report delivered to both Houses on the same 24 day and to each House while it is in session.
2, O
2'
53 1
(b) Any time during the period of thirty calendar days of 2 continuous session of Congress after the date on which the 3 report is transmitted to it, but before any resolution described 4 in section 908 has been ordered reported in either House, the 5 Secretary may make amendments or modifications to the 6 report, to address any concerns raised to it by the appropri-7 ate Repository Review Panel which modifications or revi-4 l
8 sions shall thereafter be treated as a part of the Repository 9 Development Report originally transmitted and shall not 10 affect in any way the time limits otherwise provided for in 11 this Act. The President may withdraw the Repository Devel-i 12 opment report any time prior to the conclusion of sixty calen-13 dar days of continuous session of Congress following the date 14 on which the report is submitted to Congress.
15 SEC. 906. For the purpose of the Act (1) continuity of 16 session is broken only by an adjournment or Congress sine 17 die; and (2) the days on which either House is not in session 18 because of an adjournment of more than three days to a day 19 certain are excluded in the computation of any period of time 20 in which Congress is in continuous session.
21 SEc. 907. Sections 905 through 911 of this Act are l
22 enacted by Congress (1) as an exercise of the rulemaking 23 power of the Senate and the House of Representatives, re-24 spectively, and as such they are deemed a part of the rules of 25 each House, respectively, but applicable only with respect to a
54 1 the procedure to be followed in that House in the case of 2 resolutions described by section 908 of this Act; and they 3 supersede other rules only to the extent that they are incon-4 sistent therewith; and (2) with full recognition of the constitu-5 tional right of either House to change the rules (so far as 6 relating to the procedure of that House) at any time, in the i
7 same manner and to the same extent as in the case of any 8 other rule of that House.
9 SEc. 908. For the purposes of the Act " resolution" '
10 means only a resolution of either House of Congress, the 11 matter after the resolving clause of wldch is as follows:
12 "That the believes that the Repository De-13 velopment Report relating to the proposed development of a 14 repository at within the State of 15 transmitted to Congress by the Secretary of 16 Energy on
, 19 (as amended by the Secre-17 tary of Energy on
,19._) does not sufficiently ad-18 dress State and local concerns to permit the Secretary to 19 apply to the Nuclear Regulatory Commission for a license to 20 construct such repository or, if such a license is not required 21 by law, to permit the Secretary to proceed with the construc-22 tion of such repository.", the blank spaces therein being ap-23 propriately filled and the text in parentheses being included if 24 the Secretary has amended the report pursuant to subsection 25 905(b).
l'
4 I
.1
. - ~
J 55 1
SEC. 909. (a) No later than the first day of session fol-2 lowing the day on which a Repository Development Report 3 is transmitted to the House of Representatives and the 4 Senate under section 905, a resolution, as defined in section 5 908, shall be introduced (by request) in the House by the 6 chairman of the committee to which the report is referred, or 7 by a hiember or 3fembers of the House designated by such 8 chairman; and shall be introduced (by request) in the Senate 9 by the chairman of the committee to which the report is re-10 ferred, or by a hiember or Aiembers of the Senate designated 11 by such chairman.
12 (b) A resolution with respect to a Repository Develop-13 ment Report shall be referred to the appropriate committees l
14 of the House and Senate (and all resolutions with respect to 15 the same report shall be referred to the same committee) by 1
16 the President of the Senate or the Speaker of the House of l
17 Representatives, as the case may be. The committee shall s
18 make its recommendations to the House of Representatives i
19 or the Senate, respectively, within forty-five calendar days of 20 continuous session of Congress following the date of such
~ 21 resolution's introduction.
22 SEc. 910. If the committee to which is referred a reso-23 lution introduced pursuant to subsection (a) of section 909 24 (or, in the absence of such a resolution, the first resolution 25 introduced with respect to the same Repository Development l
l a
h 56
-1[ Report) has not reported such resolution or identical resolu-2 : tion at the end of forty-five calendar days of continuous ses-13 sion of Congress after its introduction, such committee shall
- 4 beideemed to be discharged from further consideration of-4 5 such resolution and such resolution shall be placed on the 6 ' appropriate calendar of the House involved.
17' 8Ec. 911. (a) When the committee has reported, or has 18 been deemed to be discharged (under section 910) from fur-9 ther consideration of, a resolution with respect to a reorgani-10 zation plan, it is at any time thereafter in order.(even though
- 11' a previous motion to the same effect has been disagreed to).
.12 for any Member of the respective House to move to proceed 13 to the consideration of the resolution. The motion is highly 14 privileged and is not debatable. The motion shall not be sub-
- 15 ject to amendment, or to a motion to postpone, or a motion to i
161 proceed.to the. consideration of other business. A motion to 17 : reconsider the vote by which the motion is agreed to or dis-t i
- 18 agreed to shall not be in order. If a motion to proceed to the
- 19 consideration of the resolution is agreed to, the resolution 20 shall remain the unfinished business of the respective House 21' until disposed of.
22-(b) Debate on the resolution, and on all debatable mo-
'23 tions and appeals in connection therewith, shall be limited to 24' not more than ten hours, which shall be divided equally be-25 tween individuals favoring and individuals opposing the reso-u-
._ 2,
--s
-~
57 1 lution. A motion further to limit debate is in order and not 2 debatable. An amendment to, or a motion to postpone, or a
- 3 motion to proceed to the consideration of other business, or a 4 motion to recommit the resolution is not in order. A motion 5 to reconsider the vote by which the resolution is agreed to or 6 disagreed to shall not be in order.
f 7
(c) Immediately following the conclusion of the. debate 8 on the resolution with respect to a reorganization plan, and a 9 single quorum call at the conclusion of the debate if requested 10 in accordance with the rules of the appropriate House, the 11 vote on final approval of the resolution shall occur.
12 (d) Appeals from the decisions of the Chair relating to 13 the application of the rules of the Senate or the House of
[
14 Representatives, as the case may be, to the procedure relat-7
{
15 ing to a resolution with respect to a reorganization plan shall I
16 be decided without debate.
17 SEC. 912. In considering any Repository Development 18 Report submitted to the Congress pursuant to this title, the 19 Congress may obtain the views and comments of the Nuclear 20 Regulatory Commission on such report. The provision of 21 views by the Commission shall not be construed as binding f
22 the Commission with respect to any licensing action pertain-23 ing to the repository which is the subject of such Repository 24 Development Report.
I i
l I
58 SEC. 913. The passage of a resolution by the Congress 1.
2 pursuant to thi.: title shall in no way be considered as binding 3 with respect to any licensing action of the Nuclear Regula-4 tory Commission pertaining to the repository which is the 5 subject of such resolution.
6 EFFECT ON OTHER LAWS 7
SEC. 914. (a) Nothing in this Act shall affect the au-I 8 thority of the Nuc) x n, gulatory Commission to license and 9 regulate high-level or transuranic contaminated waste or 10 spent nuclear fuel storage and disposal pursuant to section I
11 202 of the Energy Reorganization Act of 1974 or byproduct, I
12 source, or special nuclear material pursuant to section 201(f)
I 13 of such Act.
1 14 (b) Nothing in this Act shall exempt any Federal depart-1 15 ment or agency from the requirements of the National Envi-I 16 ronmental Policy Act.
I 17 (c) Nothing in this Act shall affect the authority of 1
18 States to inspect nuclear facilities as designated pursuant to I
19 State law pursuant to section 274 of the Atomic Energy Act.
I 20 (d) Nothing in this Act is intended to grant any State 21 any autho'ity with respect to the siting, development, or 22 loading of any repository, except as specifically provided o
~
23 herein.
,o 24 SEC. 915. In the event that the site of a proposed re-25.pository is located on lands which are (1) owned by an Indian i
59 1 tribe or held in trust for such tribe by the Federal Govern-2 ment and (2) within the boundaries of the reservation of such 3 tribe, the tribal. organization, as defined in section 4(c) of the 4 Indian Self-Determination and Education Assistance Act ex-5 ercising the powers of self-government as defined in section 6 201(2) of the Act of April 11, 1968, shall have the same 7 rights under this title as the Repository Review Panel for 8 such repository.
9 TITLE X-ESTABLISIDENT, AEhEERSIIIP, AND 10 FUNCTIONS OF NUCLEAR WASTE REPOSI-11 TOR.Y REVIEW PANELS 12 ESTABLISHMENT OF NUCLEAR WASTE REPOSITORY r
13 REVIEW PANELS 14 SEC. 1001. (a) Any governmental organization, task 15 force, council, committee or other body established by State l
16 law to represent such State in its relations with the Federal 17 Government concerning the siting, development, and loading 18 of nuclear waste and spent fuel repositories shall be deemed 19 to be a Nuclear Waste Repository Review Panel for the pur-20 poses of this Act: Prooided, howeoer, That such panel must 21 include representation for affected Indian tribes.
22 (b) In the event that within one hundred and twenty 23 days after receipt by the Governor of a State of notification 24 of the Secretary's intention to study an area within such 25 State as a possible site for a nuclear waste or spent fuel
+
G0 1
repository, pursuant to section 001(a) such State shall not 2 have established by law la governmental body to represent 3. the State as described in subsection (a), the Governor of such
' 4 State shall establish e. Nuclear Waste Repository Review -
5 Panel pursuant to section 1002.
6 (c) The requirements of title IX concerning the prepara-7 tion of Proposed Site, Repository Development, and Reposi-8 tory Loading Reports and their submission to the Congress,
' 9 and the prohibitions contained in title LX on repository devel-10 opment and loading activities of the Secretary shall not apply with respect to any repository in a State unless a Review 11 12 Panel shall have been established in such State pursuant to 13 this section.
14 (d) A Review Panel established pursuant to section 15 901(b) with respect to a proposed repository siting, develop-16 ment, and loading activities in~ a State shall continue to func-17 tion until-18 (1) the Secretary formally notifies the Review 19 Panel that the Federal Government no longer intends 20 to site, develop, or load a repository in such State; 21 (2) the Secretary formally notifies the Review 22 Panel that a R.epository Loading Report prepared with 23 respect to such repository has been submitted to the
. 24 Congress pursuant to section 903, and the Chairman of e
l
61 the Panel thereafter declares the Panel to be ad-
=1 2
journed; or 3
(3) such time as may be provided by the. laws of 4
the State establishing the Review Panel.
5 MEMBERSHIP OF BEVIEW PANELS 6
SEC.1002. A Review Panel convened pursuant to sec-7 tion 1001(b) shall consist of-8
'(1) the Governor convening the Panel who shall 9
serve as the Chairman of the Panel; and 10 (2) seven additional individuals from the State of 11 the convening Governor to be appointed by the Gover-12 nor and to serve at the pleasure of the Governor. The
.[
convening Governor shall include on the Panel individ-13 14
. uals who are local government or Indian tribe officials 15 of the area under study by the Department as a possi-16 ble site for the proposed repository and may include-17 (A) other officials of the State's government 18 including members of the State legislature, and 19 (B) interested residents of the State, except 20-that such residents shall be selected so as to 21 ensure representation of a broad range of views 22 on nuclear waste repository siting, development 23 and loading issues.
62 1
FUNCTIONS OF REVIEW PANELS 1'
2 SEC.1003. (a) A Review Panel established pursuant to 2-3 section 1001 shall enter into an agreement with the Secre-4 tary as specified in section 001 and shall meet regularly to 5 review current and planned actions of the Department with 6 respect to the siting, construction, and operation of the rele-7 vant proposed repositories within the State for which the 8 Review Panel has been convened. Representatives of the 9 Secretary shall meet regularly with the Review Panel to ex-10 plain the Department's activities and to obtain the views of 11 the Panel thereon.
12 (b)(1)In accordance with its agreement with the Secre-13 tary as described in section 901, a Review Panel shall coop-14 erate closely with the Secretary in the preparation of a Pro-15 posed Site, R.cpository Development and Repository Loading 16 Reports prepared pursuant to sections 902, 903, and 904.
17 (2) Such Review Panel shall; within ninety days after 18 receipt of such reports review the health, safety, economic 19 and social issues raised in the reports concerning the site or 20 repository discussed therein, and may hold public hearings on 21 the reports in support of such review.
22 (3) Within ninety days after the Review Panel receie 23 any Proposed Site, Repository Development or Repository 24 Loading Report, the members of the Panel shall submit their
~
,o 4
68 1 comments on such report to the Secretary for submission to 2 the Congress.
Passed the Senate July 30 Gegislative day, June 12),
1980.
Attest:
J. S. Knnf1TT, Secretary.
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..- MONDAi, JULY 28, 1980
~,.
2,.c (Leadelst.ise der of Thursday. June 22, 2840)
. t
.c ~
- s
,a, The Senate met at 10:30 a.m., on the ' RECOGNITION OP THE MAJORITY with opponents and for samlataining expiration of the recess, and was called r 2 Amst control.
1-';-~
to ceder by Ben. War.xAns Paoxassas, a
'Ibe ACTINO PRESIDENT Pro tem
- us he mat Inn can now %
. Senator from the State of Wisconsin.
to move toward some form of normalcy poee. h the. pavious order, me within the country and in its relauons pastsa y a eris moosnised.
..with other nations 'Ist us hope that wiu realise the tuity inh T
Elson ofered f
TEE JOURNAI, of their actions and aDow the captives D'"Y*f.
to return home to their families"y great Keep thy heart esith au dGisenosi for Mr. ROBERT C. BTRD. Mr. President, Iran is a country of paunti=H
. ;one of it are the essass of Nfee Proverbs I ask unani=aaa canannt that the Jour - h just freen the oil income 4: 23.
nal of the procandinFa be approved to which poured in during Me Shah's rult date.
Almighty God, whose mysterious ways It is a country with a great cultural man's mind cannot fatham. be graciously
'Ibe ACTING PRESIDENT pro tem
- tradition and a sign 1 Scant religious his-near to those who have sufered and pom. Without objecuan, it is so ordend. tory. The Shah attempted to carry on those who row sufer in the trafBc be-that tradition while moving Iran into tween nations and in the terrthne cou.
the modern era. He succeeded in some flicts within natiana Draw near to the MOEAMMAD REZA PAELAVI mspects and faued in others. His heavy-hostages in a distant land to give them handed tactics sometimes outweighed strength and courage in their,,, n,
Mr. ROBERT C. BYRD. Mr. President, his genuine contributions to social and 1 neliness and frustrated hopes. Oulde one of the most controversial figures of seanamic progress in Iran.
all who work for their release and hasten the 20th century, Mohartmad Reza Pah.
Mohammad Reza Pahlavi is dead, but thedayof theirdeliverance lavi, the Shah of Iran, is dead.
his troubledlegacyitves on.
Historians and students of interna
- He will be buried on Tuesday in Egypt Eternal Pather. God of all grace and tional agairs wiu be analyzing and de-in a state funeral at the direction of his mercy, restorer and healer of our souls' bating for years on thelegacy of this man loyal friend President Anwar Sadat. I give co'nfort to the bereaved household who played such a sign 1 Scant role in re-ofMr my condolences to use Empress of Mohammad Reza Pahlavi. Confim cent world affairs.
Parah and other members of the Shah's and strengthen au the good that has That the Shah was guilty of excesses, f a mily.
been done. Overrule and forgive what-that he made mistakes in not broaden-ster has been amiss. Take away the vin".
RECOGNITION OP THE ACTING dictiveness and cruelty of man to man ing participation in the government while he ruled in Iran, that there were and restoe the spirat of recont.iliation instances of brutality and repression MINORITY LEADER
. and compassion. We pray not for one during his reign--an of these are estab-
'Ihe ACTING PRESIDENT pro nation alone but for all nations thst they 11shed facts. That he also made signia-tempore. Under the previous order, the
.may dweU on this Earth in peace and cant contributions to the improvement acting minority leader is recognized.
righteousness, of the life of many Iranians, that he (The fcDowing statement, delivered Olve Thy higher wisdom to the Presi-upgraded education, greatly increased later in the day,is printed at this point dent-and au the leaders of this Govern-cpportunities for women. improved in the Rrcoan by unanimous consent.)
ment that we may keep the soul of health care, introduced important tech.
Mr. STEVENS. Mr. President, I yield America righteous in Thy sight, "for out nological advances to his country-these back the temainder of our time.
of the souls are the issues of life "
too are established facts.
Mr. President, I suggest the absence of In Thy holy name we pray. Arnen.
The Shah was a man with grandiose a quorum.
dreams and ambitions for himself and The ACTING PRESIDENT pro tem-for his country. Some of those ambitions pore. The clerk will call the rou.
were perhaps too grandiose. and in some The assistant legislative clerk pro-APPOINTMENT OP ACTING PRESI-of them he was encouraged by this coun-ceeded to can the rou.
DENT PRO TEMPORg try. He was, for many years, a close guy Mr. PROXMIRE. Mr. Prmident,'I ask of the United States, and he enjoyed the unanimous consent.that the order for The PRESIDING OPTICER. The clerk support of a series of U.S. administra-the quroum call be rescinded.
will please read a communication to the tions.
The PRESIDING OyTICER Gir.
Senate from the President pro tempore I met with the Shah in Tehran just a RosenT C. Bran). Without objection, (Mr. MtGNUsoN).
few weeks before he wgg forced to fee the it is so ordered.
The assistant legislative clerk read the country in January 1979. At that time Mr. PROIMIRE. Mr. President. I ask fonowing letter; the turmoil in Iran was already building unanimous consent that the time that I CA asware.
and it has not yet tubsided. During consume be taken out of the majority Passuswr eso rzueons, these last months, as Iran toes through leader's allocated time.
wa:Mayton. D.C., My 2s,2sso.
this period of chaotic instabihty in the The PRESIDING OPTICER. Without aftermath of the Shah's rule, that dis-tant country has been very much in the, objection, it is so ordered.
Un er the pronetons of rule 1. secuen s.
of sne standing Rules of the sonste. I here, by appotas the sonorable wnuAu Paoxwsns. consciousness of all Americans.
a senssor from the state of w3oonsin. to The turmoil that prevailed in Iran at A NONPARTISAN ISSUE: THE GENO.
perform the euttee or the chair.
the tin *e of my visit in late November CIDE CONVENTION
% amass o. m owneow.
1978, has not subsided. The successors Mr. PROXMIRE. Mr. President, as President pro tempore.
to the Shah--so critical of the tactics the 1980 Presidential election Qproach-Mr. PROZMIRE thereupon assumed employed during his reign-have not es, the party lines are gradt.dy being the chair as Acting President pro tem-been hesitant to use the most barbaric, drawn. One thing whic1L has historicany pore.
brutal, and outrageous means of deshng escaped partisan division is the Geno-
- This " belles" symbol idensi6es sensassene se insermons which are mot spoken by the Mesaber on abe aoor.
I 59969
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CONGRESSIONAL RECORD--SENATE -
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July 28, f 980'
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idde donvenEasCIndeed, an of the seven CONEUSION OF; MORNING, of rjaactor space at reactors fo'r'the'stor.
Fruidents in oSco since the treaty qsa BUSINEBs-age of the fuel, and if we do not build sent to the Senate in 1948, have endorsed The.ACI' DIG PRESIDENT pro tem-what we can away-from-reactor stor.
rati8 cation: Four Democrata and three pore. Is there morning business? If not, age and begin that soon, we could begin Repubucans.
morning business is cloed shutting down civilian nuclear reactors What has prevented rati8 cation of in this country as soon as 1983, those this internathal treaty which prohibite predictions coming from the Nuclear
' the ersteenatic ammLhuntian of a Encial.
Maur*mse UNTIL II A.M..
Regulatory rmmmamah and the Depart-rougious or cultural group? It has not Mr. ROBERT C.-BYRD. Mr. President, men newn. _ t been thelaak of support of the executive I est unentmous canannt that theSmate It is essenthal 2at we set a, predictable bread.h or a bitter 4tvielen along pezty ebandhsecessuntil11am,today*
MMU utMeah on so 2st they know if ther begin either to run a Itnes.
One of the argumAents used agatast at 42 until 1 Am reacht. w if 2ey are making a decision
,masanatian is the danger at entangle-whereupon. the Senate - rest.embled n w as to whether to build one, that they ments posed by Wr tanal a="""**-
e mm Mucy to which they cannfer when cahed to order by the Presiding.that is predictable and Certain for the ment. However, there is sumelent pree-OScer (Mr. HarMN).
United States. -
edent for the thdeed states to add tte
. Mast tmportant. Mrt-President.' we naam to the amore than 30 aselons who ~7",*"
'heve supported the GanaeMa Contem-NUCIZAR WASTE POIJCT ACI'-
need to have a polley for the American -
tion. This country is already party to The PRESIDING OFFICER. Under
' ene w" ".em*acer# **"e**a#"*d international agmennents on drug taf-n ned t h Can-tu previous order the hour of 11 mm.
Senda having straed. the Senate will now pro-
- ,,g,,
an down and evermade ceed to the us er u of 8. 2189
.2e psychological essets of rattae***
cision over a period of 25 years with
,It won ] w elemen f our Tae legislative clerk ren'd as follows:
~
1 ent, r'nm on cooperation are amendatory for progress for aser of fr a in the world arena. De United States. nuciant powegaansa, so aos sorth a Federai Eud this proMem over a period of an atura esotames has con--
has in the past and wal.undcobteday poner ana inauste a program for tae als-som years. This is. for example, the continue to enlist the support of nations pasas or nueseer weste rma carnian acml. third time we have reported legislation artund the world in various endeavors. um ane for osner parpaans on away-!mm-reactor storage.
Yet, we have failed to stre our support The Senate proceeded to consider the We have had extensive hearings. This en a matter clearly in harmony with a bmis comprehensive, deanng with away-frosn-reactor storage, with long-term American principles -
Every past Mtion has maused The PRESIDING OFFICER. Time for storage. with alternatives to retrievable the importance of the Genocide Con, debate on this blu is hmited to 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br />, storage such as geologic, deep ocean vention. Why cannot this Senate ap. to be equally 4tvaded and controlled by storage, shooting into space, and au preciate its immensa value? I urge my the Senator from lauls.ana (Mr. Joxx-other alternatives, as we3 as the prob-fenow Senators to a.op for a moment stow) and the Senator from Oregon lem oflow-level nuclear waste.
c.nd question why ratification of this (Mr. Lyrzst.n). w2th 2 addrtional hours Mr. President, this blu represents, the treaty has been frustrated. There is no on the btu under the control of the Sen. safest technology for storage of nuclear question in my mtnd that we should ap-ator from Ohio (Mr. Ot.crx). with 2 ad. waste that is obtainable. The biu possed prove this measure now, ditional hours on the bin under the con-by a vote of 13 to 3 in our nammittee,in.
Mr. President. I suggest the absence of trol of the Senator from Colorado (Mr. cluding on the afnrmative side Senators a cuorum.
HAar) and the Senator from Wyoming JACEsoN. CRITscE, JoENsToN, BITMPERs.
The PRESIDING OFFICER. Without (Mr. Szurson). Time for debate on any McCtt'az Doutric1 SrsvtNs Rrf f vowFons. Mrtzrusaz:n objection, it is so ordered. The clerk wDl amendment in the Arst degree shan be can the rou.
limited to 1% hours except on a Hart / and WA!. Lor. Among that list. Mr. Presi-
. The assistant legislative c!crk pro-Simpson amendment, on which then dent, we note that there are au shades of ceeded to cad the rou.
shan be 3 hours3.472222e-5 days <br />8.333333e-4 hours <br />4.960317e-6 weeks <br />1.1415e-6 months <br />; a Simpson amendment the political and, certainly, the nuclear Mr. ROBERT C. BYRD. Mr. President, in the second degree to the Eart/ Simp-spectrum, some who have been consid-I ask unantmous consent that the order son amendment, on which there shan be ered pronuclear, of course, and some who for the quortun can be rescinded.
1% hours; a Donaenici amendment. ben
- ve been on the decidedly anti nuclear The ACTINO PRESIDENT pro tem-which has to be germane, on which there pore. Without objection it is so ordered. shan be 3 hours3.472222e-5 days <br />8.333333e-4 hours <br />4.960317e-6 weeks <br />1.1415e-6 months <br />; a Schmitt amendment.
",I ldn relauve to transportation of nuclear y,
en put o lie did this in ORDER OF PROCEDURE wasta, on which thm shan be 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br />' not represent the highest and best tech-a Thurmond amendment, relative to nology and safety standards obtainable Mr. ROBERT C. BYRD. Mr. President. Iow-level waste disposal on which there wRh respect to nivlear enegy*
is it not the order that at 11 a.m. the shall be 80 minutes; a McClure amend.
Mr. President, the bill essentially ac.
Senate win proceed to the considera-ment, relattve to i fuel, on
~-=^Mahes four things. It deals with tion of S. 2189. the nurimar waste legis-which there shan t and a Dur-away-from-reactor storage, first. Sec-ladon?
~ kin amendment, st!ative to nuclear ond. It deals with monitored retrievable w,
+
The ACTING PRESIDENT pro tem-waste, on which there shaU be I hour. I ng-term storage. Third. It provides pore. The Senator is correct.
with time on any amendment in the sec-i r accelerated R. & D. and demonstrates Mr. ROBERT C. BYRD. I thanir the a erna m M m nu md mtrievable Chair-end degree to be hmited to 40 rninutes-and with time on any debatable motion
- storage. Fourth, it provides for low-level appeal, or point of order to be limited to storage and transportation in that it re-ROUTINE MORNING BUSINESS 20 minutes.
quires reports and raeammenderians on that low-level storage.
Mr. ROBERT C. BYRD. Mr. President.
Who yields thne?
First with respect to the away-from.
I ask unanimous consent that there be Mr. JOHNSTON. Mr. President. I reactor storage, Mr. President, the bill a period for the transaction of routine yield myself la minutes.
morning business between this ma===t
'provides that the Departznent of Energy Mr. President, this bin deals compre, shall take title to spent fuel rods from cnd 11 a.m., had that Senators maF bensively with the problem of ctrillan the utility at the utility site.
speak thmin.
. n.aclear waste. It is an urgent problem.
They will, secondly, acquire and con.
The ACTING PRESIDENT pro tem-Mr. President, for this Nation. It is struct one or more away-from reactor pore. Without objection. It is so ordered. urgent. first, because we are running out storage fariHtima They shan makasone.
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y July 28;1980W -
- CONGRESSIONAL RECORD-SENATE "M
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time. charge to the utDity! that charge leal programs. Nevestheless. we believe civinan nuclear vasie.' not reprocessed b -
shalltakecareof transportation. interim that transportation and storage prob-liquid waste. Civulan nuclear wastes are storage, or of the sway-from-reactor ably can be improved on low-level waste soud in forruAt this time, they are in storage, as well as ultimate storage, disposal-hence, that section of the bin the form or spent fuel rods, which are So that when the title is transferred to dealing with lowlevels.
zirconium-clad rods containing penets the spent fuel at the inactor site, trans.
Why do we provide with respect to an of uranium oxide. which also are soud ferred to the Government, the one-time away-from-reactor storage? Very sim-in form. contained within the stroontum-charge made to the utility shan be suf-ply. Mr. President, the Depastment of clad fuel rod. 80 they are soud; they are Scient to cover au of the transportation Energy, the Nuclear Regulatory Com. not liquid; they are not gaseous;-they and handitna of that nuclear waste in-m'amian -as wou as the utilities them cannot move. You put them down some-deSnitely.
selves report that ensite facDities for where and they wiu stay there. They do ne utiuty shan keep a nontransfer-storing spent fuel rods w!!! be fun by not flow. 'Ibey are not like the reproo-able right to the residual value of the about 1933. In order to have an AFR eased liquid waste at Banford which has fuel so that should that fuel ever be re. complete ty 1933, it must be begun now. caused problems in the past. -
processed at any time in the future, the 80 that there is a real sense of urgency Second, Mr. President, these are non--
utuity wiu have the right to receive back with respect to AFR's.
explosive nuclear wastes. They cannot that money.
There is no problem technologically explode. They wUI not, explode. 'Ibey are We do that not so much in anticips-with the storage of nuclear waste in an nonexplosive.
tion of a sure daetalan to reprocess and. AFR.-It'is an old *achaniaev. It is Third, they are eery man in quantity.
- set the residual fuel out of the rods, but, essentiaRy the same as storage of nu The amount of high-level nuclear waste rather, because we want to provide for clear waste onsite, except that it is an to be generated by the average person in su contingencies in advance, away-from-reactor, a central collection 1 year is about the sies of sn aspirin
'Ibe bill provides that the amount au-point. It is a technology that has been tablet. AU the nuclear waste for this thorized, that is. 8300 miulon, shall be in active use since the first reactor was country, between now and the year 2000, repaid to the Treasury out of this revoly-opened in 1957.
according to one engineering design ing fund. the revolving fund to be re-Away-from-reactor storage, or so-which has been ofered to us could be planished, of course, by the payments caDed interim storage, envisages storage stored in a sedes of shafts in the moun-from the utility, of a period of 10 to 20 years. There is tains in the Nevada atomic weapons test i
Finally, it provides that the away. no physical limitation of the length of site. The ares to be consumed by the from-reactor storage sites are-to be 11. time in which spent fuel rods can be shafts would be 30 feet by 6,000 feet.
censed by the NRC.
stored in away-from-reactor storage.
In efect, the surface area for storage With respect to long-term storage, Mr. but it is generauy considered that 10 to of all the high-level nuclear waste that President, we provide that within 1 year 20 years is the appropriate target time. this country would generatein the civil-the Secretary shall submit to the Con-Mr. President, why do we provide for Ian program between now and the year i
gress site specific plans for the first long-term, monitored retrievable stor. 2000 would be consumed in about 7%
module of a monitored retrievable stor- ' age in this bul, as opposed to a non-acres. A surface area of 7% acres would i
age site, retrievable or so-caDed permanent contain all high-level waste for this 1
This report to the Congress shall con-storager country between now and the year 2000, l
tain design information and cost esti-First of aH. I want to make clear that according to one particular engineering mstes suficiently definite to be put out monitored retrievable storage can be design which appears to be very attrac-4 to bids.
anywhere. It probably win be on Gov-tive.
i This report to the Congress--.which is ernment reservations already existing.
The PRESIDING OFFICER (Mr.
1 A report to the Congre *" not be In a word, or in a sentence, monitored Exow). The 15 minutes of the Senator j
subject to an environmental impact retrievable storage is safer than irre-have expired.
1 statement under NEPA, but when and if trievable storage.
Mr. JOHNS' ION. I yield myself an j
guthorized by the Congress, then the ac-Almost by deSnition, it is safer. If you additional 5 minutes.
tion will be subject to NEPA and NRC monitor it, if you check it, then you Mr. President, the next question is how i
liesnsing, except that at that time it know it is not leaking, you know there long are these wastes dangerous?
i would not be necessary to consider alter-is no escape, as opposed to putting some-The heat generated from them sub-nr.tives to the congressional criteria such thing away permanently where it is be-sists from an engineering standooint for I
as geologic, nonretMevable, ocean stor-yond control. Without any question, that a period of from 10 to 20 years. In other, age, shooting into space. All those alter-is a safer way to store high-level nu-words, it creates an engineedng problem natives would not have to be considered. clear waste.
for from 10 to 20 years. The gamma In efect, alternatives to the congres-Al=o, it will be much quicker to pro-radiation persists for 100 to 200 years, sional criteria would not have to be con-vide for the safe disposal of wastes if after which it drops oE very rapidly, sidered.
they can be monitored than if we put They have a 30 year half life. After 500 The third part of the bill, Mr. Presi-them in geologic formation forever, to 600 years there is no gamma radiation dent, provides for an accelerated consid-where they are irretrievable. The reason at all, and as one distinguished scientist cration of alternatives, both research and ior that is not because of the di !culty put it, after that period of time you could developrnent-with a goal of January 1, of the technology of the storage of high-eat your lunch on top of the waste and 1988, for the trat demonstration of geo-level nuclear waste but because of the there will be no problem. I do not rec-logic storage-and mine repositories, uncertainty of geology.
ommend that, but that is what he said.
It also provides that they aball con-If you make the problem proving the Gamma radiation can be shielded tinue to do R. As D. on such things as characteristics of geologic formation against by a smaH quantity of lead. 6 feet storage in very deep driu holes, ocean over a period of decades and decades, of concrete.10 feet of water, several sediments, shooting into space, or nu-centuries and centuries, it becomes an hundred feet of air, but 6 feet of con-cl:ar transmutation.
impossible problem to prove what is so-crete w1U shield you from the most deadly
. The Snal part of the hiu deals with ing to happen in any given geologic nuclear waste of an, as win 10 feet of low-level waste and provides that the formation over a period of thousands of water.
Secretary, within 4 months, than report years. Therein lies the problem.
There are many solutions to the prob.
on the status of State license, low-level So far as the technology of the stor-lem of stopping gamma rays. There is no waste storage, on the status of regional age of high level nuclear waste is con-problem technologicany in stopping transportation and disposable require-cerned. It is a proven technology, and gamma rays.
ments, and it requires that the Secretary it is absolutely safe. To prove my state-The toxicity that persists after the shan recomend with respect to these coca ment that this is the safest way-that gamma rays are gone after a period of si diuons within a period of 4 months.
1s. monitored retrievable storage is the couple of hundred years remains indeed IAw-level waste, of course, is relatively safest way-to store nuclear waste, we for a very long time. This consista prin-nontoxic, relatively nonnerious in terms should consider some elemental things cipany of alpha and beta rays which are cf the level of toxicity C* level of radia. about the storage of nuclear waste and not the kind of rays that will hurt you tion. Thirty percent to 40 percent of our about the nature of nuclear waste.
if they touch you or, in other words, you low-level waste is made up of our med-First of an, we are dealing here with can hold something that is emitting
7 8 9072
_ CONGRESSIONAL MFmatn-SENATE 4;J.uly.128,1980 these long-terms bata.zass istpegg hand etee[ a=Mainer se.one scientist recom-he PRESIDING OFFICER.Witbacut wl any harm st.aH.It.haa basicailla mended. thest put. that container in an-ohlection,it. la ao cedered.
]
- the y of natnral urenhen.which ther container pashapsmade of titaninm Mr.McCLInw str President.Ithank.
.has persistad in the biosphase for amG-er another highly resistant maial to rust the Senator from Ohio for yielding.
Mons and amisma of years.
..7 or corrosion
~Mr. President. I think it is customary It is toalc that ameans it must be in-argon gas or, and put a, gas in between.f another noble gas that is under the etmumstannan to yield, to have gested, but it la a soud, as one distin-anally detectable, and than you store the the floor managar make the opening 4
s guished acimatiet caDed it, of remarkable containerin the monitored area.
statement and the minority Soor man--
stahluty. Indeed, there was a natural re+
If thera is the alightaat leak from that ager la than recogniaod to maka what ~
3 actor a empia af h1111ost years ago hL gas under pressure it would be immarit-ever statament tha minority wishes.ta '
West Africa, e, melandine Phan-a ately detestable e.hamicany. That is why make.
agreed upon by an scientiste that waa-we asFitis so mustLbetter to store these
. I }ust want at this point to say I. hare radioactive for a period of perhaps 500 wasteswhere any leak can be nacertained no objection to aHawing the Aan=Mr mlDion years. That natural reactor con-andmanhared.,
from Ohio to 30 next, but it seems to tains now a. huge lade of spent fuel It is Mr. Pre =& dent.there are so many good me that at laast the minority who is precisely the same thing that we Assa. places to build excellent monitored re 'responsiblafor thalesialation a**=..ny with spent fuel rods, only they are not trievable storage sites. One of my partic. sets the opportunity to make some state-strconium clad. That natural material ular favorites is the Nevada test site. We ment.
remasinain onace without tranamig ana" already hare tunnels dus there, dug in I thank the Senator.from Ohio for seenthoughit isin a water fedenviron-connection. with. the nuclear weapons yialding on that hasta. ~
ment. So it is a remarkably stahla fuel. program, a long series of tunnels with The PRESIDING OFFICER.In the in.
It is not nearly as poisonous as mercury. little Angers and outin thoseSagers they terest of the Chair, the Chair will sim-arsenic, enAmium many things that we had the actual atomic bomb underground ply say that the Chair foDowed the usual put on our crops. That is after the blasts.and they would plug thesn oE with rule. that had the minority floor leader gamma rays are gone.
massive plugs, but the turmels with high been on his feet the Chair would nave So the problem becomes progressively integrity are still there. We would not seen St to recognize him. He was not on simpler as the samma rays leave.
even have to dig addiuonal tunnels. We his feet. Therefore, the Chair in this in-What, then, do we want to accomplish are certainly not going to be cantaminat. stance recognized the Senator from by long-term statage? Three things.
lag. This kind of storage win not con. Ohio.
First of all, isolation froen an arternal taminate the ground anyway but if it did The Chair now recognises the minority svent, from an airplane crashing on it.
it would cont =nenata the ground not one Soor leader.
from terrorists coming in, from people scinionth. not one bullonth of the Mr. McCLURE. I thank the Senator, gttting it. from anything that humans amount it already has been contami. and I thank the Chair. I yield myself might do. We want to isolate it.
nated.
such time as I may consume.
The PRESIDING OFFICER. The Sen*
So, Mr. Praident we have so many Mr. HART. Mr. President. will the stor's additional 5 minutes have expired. good ways and good places to store these Senator from Idaho yield briefly for an Mr. JOHN. TION. Mr. P' esident. I yield wastes safely, technologicany perfectly, observation?
r myself an additional 5 minutes.
so that we can assure the American pub-Mr. McCLURE. I yield.
Second we want to containit from the lic that we will neither coNnminate their Mr. HART. Mr. President, the Senator biosphere so that rays w!H not hurt any-air or their water nor in any way create from Colorado and the Senator from one during that period of time, so it wiD a hazard for people or for the future.
Wyoming each also have opening re-not leech out into the water.
The PRESIDING CFFICER. 'Ibe Sen. marks on the pending legislation which Third, perhaps most important, we ator's additional 5 minutes time has ex.
want to assure the pub 1!c it is all being pired.
relate primarily to the alternative ap.
proach taken by the Environment and done not only safely but extremely safe-Mr. GLENN and Mr. McCLURE ad-Public Works Committee.
- 17. and that is what monitored retrieva-his storage win do bectase it win provide dr.essed the Chair.
I think in terms of just claanliness of Ihe PRESIDING OFFICER. The Sen. the procedure it would also be helpful if absolute assurante not only that it works stor from Ohio is recognized.
we got those opening stsummts in be-when you put it in but that it continues Mr. GLENN. Mr. President. I will sub. fore the amendment process started and to t crk while it is there.
mit an amendment at the end of my got things fairty confused. I do not rant It is a superior way to contain nuclear statement.
to untrack the Senator from Ohio, but f
wastes to have them where tney can be Mr. McCLURE addressed the Chair, this is going to be a long complicated monitored because by definition if any-Mr. GLENN This is an amendment process in any case.
thing happens you can Sx it.
I have cosponsored with Sena* 2r Pracy Mr. McCLURE. Mr. President might It win also be much easier to deal with which addresses a nu=ber of gey issues I suggest this to the Senator from Lou-the heat problem in a monitored en* not adequately addressed in the pending islana as a matter of procedure that vironment where you can have air con
- legislation.
might be followed: that those who desire
- I Nection to dissipate the heat rather than A matter of paramount importance to make general cogning statements have it dosm in the salt domes for ex* to any suwful nuclear waste disposal wculd be recognized prior to the Senator ample, where the heat win melt the salt program, which is the central focus of from Ohio, who would then be granted or crack the basalt or crack the granite, our amendment. is the role that States permission to of!ar the first amendment, cr perhaps do other untoward things. It and localities are to have in Pederal nu-so that he is not untracked from his pri-is much better to put it in a tr.cnitored clear waste repository alaan'"! and de-ority. I do not think we have any prob.
retrievable situation where you can have velopment.
1 ems with that on our side. He would be air convection that will deal with that.
Because of the unfortunate history recognized to offer the first amendment The question of container integrity is of that would be offered. Would that be an easier matter technologimuv. Th*
Mr. McCLURE.Mr. President will the satisfactory?
Egyptians made remarkably good con
- Senator from Ohio yield for a question?
Mr. GLENN. That would be satisfac-tainers which persisted for 5.000 years Mr. GLENN. I yield.
tory, so long as I offer the first amend-without intrusions from the biosphere.
Mr. McCLURE. Is it the intentioa of ment. I would be happy to stand aside Lab tests would show that we are the Senator from Ohio or the Senator temporarily for azry opemng statement capable of making containers that would from IaMana to aDow the minority to anyone wanted to make on any part of gxist in this kind of atmosphere for make an opening statement before of-this, periods of thanaands and ^^="d*
of fering the amendment?
Mr. McCLURE. Is that satisfactory to years without there teing any intrusion Mr. GLENN. I am glad to without the Senator from Colorado?
Cr any vicistion of the container.
losing my right to the floor after Sena.
Monitored storage, as I say. is superior tor McCs. van has spoken. I would be glad Mr. HAR*r. Yes, with the public. We can provide for a way to yield to his statement so long as I have The PRESIDING OFFICER. Without of monitoring this that is virtunny fool-the right to the floor after he has spoken, objection, it is so ordered.
proof: put your rods within a stainless and I so ask unanimous annaant Mr. HART.Mr. President, will the Sen-
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aantia m the daminance-of maintary fcr civilian vastes wWck noer maats in Mr. McCLUBE.Twould ha happy to wastes.- but.-by than 26 operauen of this country, and for tha thust time would
. y1ald without lostas my right to te floor. ecaumercial nuclear powerplanta will be-provide for the positive.and pramreaw.
Mr.EART.Mt. President. I ask anan6 sin to centribute a more signim ant per-management of civinan and commer-mous consent that the fouoming statr contage of totaLnauenal nuclear wastes, cial nuclear wastaa..
== *= of tha Comunittee on Environ. We sul be discussing this autdect in In the ahnence of S 2149 the Nauon ment and Public Works be granted the greater dennL1 as we camidar the bin and. As without any pahey and without any privDega of the floor during considers. partncularty, as we conshder the aherna-progrant for these waaten. I want to em '
tion of and voting em S. 21&k John Yago, nrves that Jasy be ogered from other phasiae that statement because I thkuk PhDip rm=manga Riehard Harda,Iarry aeureek Bat it is Asaportant. at the cut-ts is hapertant for people to understand Both. Paul ramamahal - Keith Caneser, set,to meta that E. 2148, as reported, ad-that unless we pass lesiala4&on 2eca is Laura Werby, Badey Quard..Jaenes Ae-dresses only the civillan and commercial no pahey, there is ao prostack,We need selstine.. Jean. Schrag. IJnda Pindlay, nuclear wasta 1sene.
both.
Peter Penman; also Marrianne KMak of The'hul incnudes a series of signineani Even versa. 2e announced hoopeans Senator ansoson's staII, and Peter Gold 'laittauves which would represent sub-of the Carter aA=Mi=*cauon. compiad of my statt.
atanual programa in oeweloping an with the nuclear power pohcies W this I
The PRESIDING OPPICER. Without aggremaire and dynande pynyram and ad=1nistrauon would virtua5y guaren-chiaction. itis aoerdered..
m.
The Annatar fromIdaho.
poung, m.y First, the htll =*=Whhas a Federal. tee there wuuld ha ne iltat aselen, seuld y..
he no Arm acuen to dispose W 2ese Mr. WT rTRE. Mr. President. I would program for the interim storage of spent wastes untu the 21st century, not in less remark that just the colloquy and the list nuclear fuel from civilian nuclear pow-than 20 to 30 years or anwe from now.
of staff people coming from the Environ-er plante away-from-the-reactor, and ment and Public Works Counmittee begin the i==am, me9unnian of storage ca-I adsht M pobt out hN m-1stratkn in its suWan befwe h l
to illustrate the complexity of the prob-pacity for the program.
lam and the type of protection that is I44 me say. Mr. Prealdent, there is g.RC has gem h W= h l
buDt into this discussion today. -
urgency to that requirement. We have hme for the Arzt W these proposals Mr. President, I do rise in support of already wasted too much time to meet would be 1997. That is an absolutely
.S. 2189. the Nuclear Waste Poucy Act. I. the needs for commercial power storage and tocany unacceptable temdrame fw
~
do so from two standpoints: Ptrat, as a at reactors, and I do not think there is something that is happentng now and t*
Senator from a State which is deeply anyone here who resuy will argue that must be decided certainly before the end interested in this lasue in at lenet three point that by 1983 at the earliest and of this century. At least we nsed to make J=
pobey, we need 2 make hana fw very important ways; and, second. as a 1984 at the latest the entrent storage ca-matter of nauonal policy, aside from the pacity at ea==arcial reactors will have programs, that can be in being in far less man 20 yeus h now' quesuon of whether or not my State is been felled and some alternauva must be interested.
found by 1983 or 1984, and it is already Mr. Preefdent, we cannot afford to The first way in which my State may too late to meet that in the manner in wait 20 or 30 years or more for the next be directly involved is because we have which it should have been met had we cWury 2 deal w!& Ws problem. We p
mus decisively d must nos been for years a leader in nuclear energy moved more aggressively earlier.
research and development in this coun.
There are ways in which we will meet p
g g, g
try and. indeed, in the world, with the the AFR, away from the reactor, require not decades later-ment, but it is not optimum. It is.not Idaho National Engmeering Laboratory, sud a host of very capable scientists and what any of us would have desired, and it S. 2189 forcibly takes such action, and support personnel who work there.
is a symrWwn of the delay that has been I hope that the Senate will today sup-Second, the State has been and re. built.into the di*iculty of making deci. port the thrust that has been taken by mains strongly supportive of this Ns. sions, and I underscore that because I Ws bH1.,
tion's nuclear weapana program and of want to make the point that we cannot Let me say at hhe ou'tset, Mr. Pres!-
j3 the civilian and military nuclear power aSord further delay.
dent, that there are three problems that j
programs.
Second the hill requires the submis-must be confronted. First. eway from-Finany, and very importantly, the sion to Congress within 1 year of a site-reactor storage problem. We know that State is anxious to have an aggressive spec 1Sc proposal for the disposal of must be met and it must be met in the and dynamic nuclear. waste polley and spent fuel and high len1 ruinactive next 2 or 3 or 4 years. That means dect-program for this country to addreas af, waste from civilian nuclear activities in sions for what M11 occur 3 or 4 years firmatively the large inventory of nuclear repositories permitting continuous mon-from now must be made now or they will waste accumuisted over the past four itoring and retrieval of the waste.
not happen 3 or 4 pars from now.
decades.
.The distingnMad Senator from Loul-Second. the disposal of commerefal I am convinced that S. 2189 would siana has discussed this question of mon-waste in a satisfactory manner which make a signiScant contribution in terms itored retrievable storage as distinct can be done in the time frame outhned of those interests of my own State of from geologic storage, and I want to un-in this b!Ilif we make the decisions now Idaho and, perhaps more importantly, derscore again in my mind-the benefits to go forward. And it cannot possibly the overall national interest in develop, of having monitored retrievable storage be done if, as a matter of fact, we do ing that aggressive and dyrimmk nuclear as distinct from trying to find a way and not make the deetstons now that are
]
waste poucy and program.
a method and a place in which you can necessan to that progress over the near
]
.This biU, as reported from the Energy simply bury the stuff and forget it for term.
q and Natural Resources Commatee is the next 15 million years.
Finally, the question of long term geo-focused exclusively on-and I want to
- Ihlrd, it urects an acceleration of a logic storage needs to have active sup.
emphasize this-exclusively on the man-vigorous research and development pro port, not instead of but in addition to agement of ciulian nuclear wastes as gram on a broad range of radioactive the other two steps which I have already distmet from multary nuclear wastes waste disposal technologies.
mentioned.
resulttng from commercial nuclear power Fourth, the hC1 establishes an obbc.
Int me say, Mr. President, that intarim operattons in civilian research and tive of completion and opers. tion by storage of nuclear wastes-that is, in-development.
January 1,1988, of at least one dem-terim in the sense of being less than S-We all recognize that currently namelaar onstracon of geologie disposal in mined nal rnspe.sni of nuclear saate--is not a j
waste from the defense program over, reposttories, tschnetogical problem. It is a not a prob-whelmingly exceeds those wasias from Fifth,it requires the Secretary of En-lem that tachaM"W and scienusts and the commercial and ctvilian programs, ergy, to report to Congress within 4 angmaars are incapable of dealing with, with well over 90 percent of the vohune months on the status of thelow-level nu-it la one which the pohtical process has being military wastes or wastes from the clear waste program.
found either. unwilling to deal with or military program.
These iniustives would fill the rela perhaps it has found it too knotty a i
s 89974
'CONGRESSIONA1.iRECORD-SENATE
~ [ulp 4 2880" y'
problem' to deal with and so we have : OWo need to obtain the escond objec-Wa would set.up cispecial ' find to sup; t.t %5-term, retrievable storage-port nuclear waste management activl=
ahled tway from it.
WW have the '=ahnalanw. We know because we are not yet prepared to say ties, and would have the generators of what it is. We need to demonstrate that - to the American cittsenry that we have a the wasto electric ututties, mostly--pay it can be done. We need to get on to plan for nuclear waste disposal on which into the fund such charges as wul fuur doing it rather than allowing the Bay-we should act, and because it is likely, cover the costa, sayers to have us in a continual period given our track record. that we wiu not Iwin propose an amendment,however, of delay, as is being suggested by acme arrive at such a plan nor be able to im-to assure that all civilian waste manage-and as I am sure wul be suggested in the ptmant it before the older of the spent ment activities of the Governmen',- in-dibate later on.today, reactor fuel mammenbues in the land begin cluding handling and transportation, and.
Mr. President. I yield to the Senator to
- lost their structural integrity," in facilities construction, and operation-from Oregon (Mr. HAvrras.a). the ranka the parlance of the engineers who worry, except for the Federal R. 4: D.eRort, are ing member of the Energy and Natural abous such things 8uch crumbung would paid for out of the fund and only out Resources Committee, such time as he create a more edifBcult waste contain-of the fund: that the charges against the may consume for a statement,on the ment problem than we have already, not generators fuuy cover the costs of waste legislauon.
.to mention the attendant problems in management: that. any appropriauona Th3 PRE 512)ING OPFICER. The Ben-puhuc health and safety. I believe we deposited into the fund be paid back to stor from Oregon.
should not risk these problems and that the Treasury with interest; and that ex.
Mr. HATFIELD.Mr. President,I thank we should not, therefore, put of further penditures from the fund be in such th3 Senator from Idaho for not only his the establishment of a long-term stor-amounts r..d for such activities as are 2n3 cpening statement but for his will-age facility, provided for in appropriations acts. I ingness to manage this part of the hill.
It has been the policy of the Govern-beheve the Congress should maintain a Mr. President. on this matter of nu-ment since the 1954 Atomic Energy Act large measure of budgetary control over clear waste policy we are advised by the that it would bear Anal responsibility this fund and these activities.
editorial writers of the Washington Post for establishing the safe and efective Mr. President, with the two amend-to ng.ke haste slowly." Hardly is there iso 1& tion of high-level radioactive wastes ments I have described this morning and a
an issus of such urgency on which we from man and his environment. In the the amendment to be ofered by the dis-hav3 moved more slowly than this. Suc-Nuclear Waste Policy Act, we do not tinguished Senator from New Mexico cessiv3 pan inistrations and Congresses shrink from this responsibility. We state (Mr. Doncswter) on state concurrence. I havt trendned the question of what we that it is our intent that research and believe the Nuclear Waste Policy Act will wul do with these wastes which nature development work on permanent disposal solve a critical, near term management has never seen before, and none have nn-systems be continued and accelerated. problem which is now building with the swered it.
and we provide that until such a system accumulation of waste from our civinan We do not propose to answer it yet. is selected by the Congress the long-term nuclear reactors. I urge support for these In the Nuclear Wasta Poucy Act we sim. storage faciuties we build in the interim amendments and support for the bul as ply recognize that the waste continues to wn! be funy retrievable so that the stored mod 1 Sed thereby.
pile up in temporary storage, and that wastes wiu be accessible to recovery and I thank the Senator from Idaho for this situation alone requires a bit of man-disposalin the selected manner.
Fielding at this time.
asement. We do not presume t%t some.
Mr. President, the blu before us states The PRESIDING OFFICER. The Sen-
.one has yet found the anseer-that that the long term storage facility must stor from Colorado.
ri:ht combination which win be safe be a fuuy monitored surface system. We Mr. HART. Mr. President, I yield to (nough and pouticaHy acceptable enougn are speciSc about this because we know the Senator from West Virginia, for us to steer. our Federal policy today's technology can readily provide The PRESIDING OFFICER. The Sen.
machinery toward it.
it, and because time is about up for the ator from West. Virginia is recognized.
We do, however, propose to solve two oldest waste in those pools. We no longer Mr. RANDOLPH. Mr. President, Sen.
probl'.ms which are the direct result of have the luxury of the time it would take ators will be engaged in a very serious de.
cur inability to solve the primary one. to examine all the underground, under. bate today and in subsequent days. My First, we propose to establish Federal water, midair, or whatever other con. remarks will be general in nature, and away.from reactor cochng pools for Agurations one cect imagine in an en. must be in that frame of presentation be.
spent fuel assemblies from those civilian vironmental impact statement. We also cause we have more than one committee nuclear powerplants which cannot ac. know we can build a lead can in a con. that brings its legislation to the Soor-commodate any more spent fuel on the crete vault out in the middle of nowhere We have the measure (S. 2189) which powerplant site. Second, we propose to facility and manage it safely for 20 years. comes from the Energy and Natural Re.
estabhsh a long term, retrievable stor.
A majority of the Energy and Natural sources Committee. But we also have leg.
age facility for the spent fuel which can. Resources Committee voted to suspend islation (S. 2980) that has been reported not be kept swimming in their cooling the NEPA requirement for an environ. by the Environment and Public Works pools any longer.
mental impact statement on such a Committee which some might say is Mr. President, I believe few can quib. facility. The distinguished Eenator from competitive, though I would rather not ble with these objectives. We need to New Jersey (Mr. BRADt.xv) and I, how. use that word. I think there are aspects obtain the first objective-Federal AFE ever, would not go so far. While we in the overau subject matter which al.
storage-because today's nuclear power. recognize the superfluity of eaami*g low both of these committees, through plants were designed with early spent. underwater and midair systems if the their biHs, by whatever arrangement, to fuel reprocessing in mind. Circum. Congress directs " monitored. retrievable, have the opportunit'y to present the stances, partly the result of a switch in surface storage," we do not believe an situation as we see it from the commit.
FJderal poucy on reprocessing, now make environmental assessment of the options tees that have jurisdiction over nuclear the capacity of on site temporary stor. within this directive is unimportant.
regulation.
age facil.tles for spent fuel generany in.
We will therefore oSer an amendment I understand, as does the able Presid-
~
adequate. Although expansion of these to the blU to restore the requirement for ing Of5cer frorn Nebraskat that he and facinties is presently buying some time, an EIS, albeit only for those systems all Members of the Senate are perhaps the limits to this response will be reached which would satisfy the congressional romg to have some dif5culty in separat.
sooner thP.n there wiu be a long. term directive.
ing these situations that we feel are im.
storage er disposal system operating. In Mr. President, although the Govern. portant for decisionmaking by the that th3 Government bears a measure of ment win buud and manage AFR and Senate.
the responsibutty for the creation of the long term storage ahd disposal systems, Mr. President, in recent years the temporary storage problem, and in that the general taxpayers should not have Committee on Environment and Public repeated juggling of spent-fuel assem. to shoulder the associated costs, nor Works has devoted substantial time and bues among utility powerplant sites is should these costs go unassessed against energy to the subject of wastes" residues unace:ptable to me,I support the estab. the benefits derived from the activities This was necessary because of lishment of a Federal AFR storage facil. which generate the waste. The bul seeks of our highly industrialized, complex so.
ity.
to recognize and accept these principles. ciety were threatening to overwhelm us e
a
. fCONGRESSIONAL; RECORD--SENATE S9975 July 28,1880. 7 '
and endanger what f eaRthe good stand-and N1tural Resources ender the leader = provided orhere care s'ertous -environ-1 l
ard--.we adsht enB 18 o high standard-- ahiptf 'the Senator from Washinsten mental dangers.
i of itvtag that Amerteams have labored Ger.. Jacstsow> and:the Senator from Temporary storage of nuclear westes so long to create. Dunar this period of Louisiana (Mr. Jouwstow). A comple-away froma reactors, in abort abound be time, we have created problems as won as mentary bin (8. 2900) was reported r,n alastresortsalution o l
programs that wererintended at, be syn. July 26 by the Commtttee on Enyton.
The bill reported bythe Committee on onymous with progress in our country. Inent and Public Wotts. This measure. Environmmit and Pubtle Works adopts s
I am also positive in any Wahher, but which seeks to estabush the regulatory this approach and seeks to facilitate ade-6 there are mesettves that natureDy esuse framework for a nuclear waste program, quate space at reactor sites for tempo-me. at times, to take the overan look as was developed by our mmmittee with rary storage..
I we are today.
the valuable guidance, as I have said, of This is an important element of our Present todar arw the ranking major the Senator from Colorado (Mr. Hanti b1H but it also addresses the ott er ele-ity and minority seembers of our Suo-and the Senator from Wyoming (Mr. monts we see as essential to a suelear r
commdttee en Nuclear Regulation, Sena-
),
waste disposal progrant.
ter Haar sad Senator Snersow, who de-Mr.
dent. I have personal doubts In brief, our bin also estaM6=hm= a 1
serve not mr cursory attention and ac-about the ability of nuclear energy to specific timetable for piscing a perma-claim. AB members of our eammittee supply a major portion of our national nent dispoeml facility in operation by certataly appreetate the leadership that energy needs in the long-term future. January 1,2000.
~
these two members-of our enmmittee It would be tmwise to rely heavDy on It extends the lioansing authority of have stven to dtivtng deeply into the nuclear power at a ttme when it is be ' the Nucteer Regulatory Cen'=+==6an to impucations whielt constantly surface in coming increasingly costly and is faced Department of Energy faeftities for the connection with the nuclear waste prob. with a myrrad of unanswered questions ttisposal of certain nondefense wastes on strch issues as safety and, I say to and thus provides a uniform regulatory 1
lem. I am also appreciative of the cou.
]
tributtons of the able and cooperativ, Senator Haar, puhile acceptance, approach to aD dispotal.,
I am, however, a realist. Nuclear power It establishes a pilot program to de.
j r=* int minority member of the com. generation exists today, and it is likely termine if NRC suthortty should be ex.
mittee, the Senator from Vermont Odr. to be used for several years until we can tended to other Department of Energy i
Starrown).
develop and trtihae energy sources that facihties.
In 19'l6, to step back in my discussion, are economical, safe, enviro =mentany It creates a method for States and In.
we made major revisions in the Solid sound, and are within the control of our dian tribes to be involved in the locating.
4 4
Waste Act to help control and dispose development and operation of waste dis-own centry.
I of a wide variety of residues. I, in a I f 0f'8"."
posal sites.
a maje part.foture wtren we win obtain 8
sense, was as responsible in that ares as of er energy from domes-It requires the suspension of operating I
were these two gentlemen. We used ticaDy producer coal-either by direct licenses and construction permits for to have a little kidding in the commit-benmg or thrngh synthetic fuels-and new nuclear plants if the permanent i
tee, and even my friend from Idaho. (Mr. altt-native sources, the nature of which. waste repository is not open on schedule.
i McCttrar) had an interest through his we can only speculate about at this time.
Mr. President, that is the general out-8 membership over the years. He used to Unt'l that time, however, we must hne of S. 2980. It is, I believe, a measure j
understand that they would say, "Give assure that nuclear energy is generated that addresses the nuclear waste prob.
a to so and so the subject of purifying the in the safest possible measure. Critical lem in a balanced and reasonable man-I water er the air, and let Randolph take to that objective is the care and dis-ner.
over the garbage."
posal of nuclear wastes in a manner It is vital that the Congress act on this 1
Earlier this year the committee de-that prevents them from endangering subject and pass the necessary legtsla-i veloped legislation addressing the grow, our population.
. tion this year, 1
ing problems associated with hazardous The magnitude of the problem is in.
To develop a safely of safety disposing j
substances. That measure is pending on deed substantial. Over the past 30 years of nuclear wastes wiu pose great chal-the Senate Calendar" the wastes created we have accumulated a large stockpile lenges to our technological ability as wel!
Today we turn to of highly dangerous radioactive wastes, as our capacity to formulate and imple-I I
over the past quarter century since the The Federal Government itself has gen. ment pubhc policy in this area.
i United States began generating electric, erated "15 million gallons of radioactive Is the time to start tomorrow, the next ity with nuclear energy liquids, most of which are temporarily day, next year? No. The time is now, i
The sclid wastes of. our country stored on Federal property because we I wH1 not say it was yesterday because i
amount to minions of tans annuaUy, and have not come to grips Mth developing we have been working on this subject I
the hazardous substances are measured matter somewhat in a new energy in-in millions of ganons every year. It is a permanent disposal system.
Civihan nuclear power plants. in ad. dustry source,
)
ironic that today we discuss waste ma-chtien, have produced nearly 8.000 tons I am happy, in a sense, although I am i
terials that are relatively sman in quan-of used fuel, again highly toxie and dan-sobered, in a sense, by the bringing of j
tity but are probably the most poisonous gerous. Considertng that much of this S. 2980 to this floor, happy because I can W
of an. a danger that v1H continue many waste can emtt radiation for 1.000 years commend the members of the co:nmittee.
4 years in the future.
or more, a safe, permanent disposal sys-for I have a responsibthty to chair and Mr. President, fust over a year ago I tem must be a matter of the highest na-wortvith them on material of this kind.
introduced a nuclear waste bin. S.1521. tional priority.
Understanding. also, of the efforts made 1*
I said then and I believe today that it is Development of permanent disposal within the Energy and Natural Resources I
unconscionable that our Nation con. facilities will necessarily be a complex Committee.
tmues to generate nuclear waates whHe and time-consuming task. It is one, how-I am gratified to have been involved
)
arrangements for protection of the pub-ever, that must be started without de-in the development of S. 2980 by the 4
lic heshh and safety from these highly lay and be pursued with vigor.
Committee on Environment and Pubhc
(
toxic and long hved substances are at We must maintain progress towr.rd Works. It wH1 enable our country to move best rudimentary.
permanent disposal. and we must cau-toward solution of one of our most se-Fortunately, there has been a grow. tiously approach the question of what rious problems, ing anteness of the problem in recent to do Mth nuclear wastes until per*
If we are to have a solution on this years. But until today attention gen. manent sites are ready to receive them. problem, or a possible part solution, and erany has been paid only to isolated This is one of the most critical issues sometimes we settle problems only in details of the overall problem.
in the legislation before the Senate.
part, it win be marked up as something The Senate now has before it two measures which together can for the Most nuclear wastes are now sinrod positive in the history of the legislation first time help estahtish a national policy where they were generated. and they dealing with the nuclear subject of the for nuclear wastes. The progr-*"a should stay thesa*until the problem of vaste substances created in connection aspect of this policy has been addressed permanent disposal is solved unless, of with the producsion of energy.
in S. 2189 by the Committee on Energy course, additional capacity cannot be Mr. HART addressed the Chair.
. wp O
c S9976 CONGRESSIONAL RECORD--SENATE -
.[,JulyAB,W80'-
The PRESIDIN3 OFFICER Gir.
ahlpsma=*= ef this highly sadioscuve ma- *natas,.to.do.with nuclear waste.W.
8vsysusow). Th3 Senator from Colorado. terial over thanaanda of muss of high-though the energy committee bel con-Mr. BART. Mr. President, as the Sen. ways through virtuaHy every State in the Ele begins its consideration of 8. 2180 Nation.
templates additional R. 4: D. ou alterna-tive disposal tehnningles and even a the Energy Comanttee's nuclear waste IAt no one doubt that nuclear waste if demonstration geologic dispasal faculty blu. I want to impress 14pon my col-not regulated and controlled properly, leagues that this but, standing alone, presents signi8 cant heatrds to the public to open in 1988, it does not provide any -
caly provides half the framework for a - health and safety and to the environ-mechaniarn to assure that a comprehen-sive, safe method for per.*nanantly dis-national nuclear waste management ment. Many of the elements that com-prrgram. 8. 2980, as the Senator from prise nuclear waste have half-Hves that posing of au highly-radioactive nuclear i,
West Virginia has just indicated, the Na-wiu estand several r.nerations into the waste wul 30 into erect before the end tional Nuclear Waste Regulation and future.Plutoalum.oneof themostradio-of the century. -..
maeand ocastruction of one or several C ntrol Act. reported by the Environ-toxic and dangerous materials known to long-term retrievable storage faculties ment and Public Works Committee, after aman, has a half-life of 24.000 years. Be-will create an additional lacentive for.
a.
1% years of study and hearings, supplies cause of these poten;ial risks, the Senate bureaucratic delay in developing and im ths other half of that framework.
should give careful consideration to the plementing safe methods for per.
The Energy Committee blu establishes regulatory and control program in this snanantty disposing of nuclear waste.
A national program for storing and dis-but that unpleinaets the programmatic During the 30-year histroy of atomic posing of nuclear waste. The Environ-provisions in the Energy Committee bill.
ment and Public Works blu provides the At the same time, however, some energy in this country, the urgent need equauy important regulatory and con. policy objectives of the Energy Commit-to solve the problem of perrnanant waste trr.1 mechanism for such a program, to tee bul differ.from the policy objectives disposal has received uttle attention. Yet, insure that it will protect puhuc health of the Environment and Public Works experts in and out of Cha ht have and safety and the environment.
bill.
lulled the American public into com-
~
'Ih3 Senate should not consider one For example, the Energy Committee placency by promis'ng that a demon-strated technology for nuclear waste dis-blu to the exclusion of the other. To-bin emphasizes the construction and op-posal wD1 be avanable when we need gether, they form complementary parts erstion of long-term retrievable storage it. We need it now, yet, it stiu does not of a c:mprehensive approach to solving facilities for commercial spent fuel as an exist.
th3 problems of nuclear waste storage interim solution to the nuclear waste Many experts have suggested that and disposal. Separate reporting of these problem. Indeed, the Energy Committee bureaucratic wrangling rather than blus with their individual consideration would fast-track the development and by the Senate is consistent with Con-licensing of the facility. Our bin avoids technological uncertainty has prevented gross intent to separate regulatory from this interim step. emnhanMny instead a the implementation of safe. reliable programmatic jurisdiction over nuclear segulatory timetable leading to the op ' technolores for disposing of nuclear energy when it dissolved the Joint Com-erstion of a pennanent repository by the wastes. The Energy Committee's ap-mittee on Atomic Energy in 1977. There-year 2000.
proach would signal a contmustion of
" business as usual ** in the Federal fore. I urge Members to consider care-The Energy Committee bill not onlF fuuy the Environment and Public Works directs the Secretary of Energy, within 1 buresuracy and could indefinitely post-regulatory bin-independent, but in the ~ year, to present Congress with a complete pone nuclear waste disposal.
context of, the Energy Committee pro-set of constniction plans and design Third, the Energy Committee pro-grammatic tul. Few issues have such speciScations, it also abrogates the re" posal resurrects an approach to nuclear profound impUcations for the health and quirements of the National Environ
- waste management that died years ago.
Indeed, neither the DOE the NRC. nor safety of this and future generations mental Policy Act, first, by not requiring the President in his national nucles*
than the question of how to regulate and DOE to prepare an environmental im*
control a program fcr the long term pact statement to accompany its pro
- waste policy, announced this past Febru-storage and disposal of highly radioac-posal; and second, by expressly prevent-ary, endorsed the concept of long term tive nuclear waste.
ing the NRC. in its,11 censing review, retri.evable storage. Instead, they have au Consequently. I. joined by Senators from considering alternative sites or de-followed the recommendation of the In-EntrsoM, RANDoLPN. and SrArronD. in-sign criteria. an otherwise nonnal part teragency Review Group, upon which the tend to offer S. 2980,in whole or in part, of its licenstng review process.
President based his policy, that the Fed-as amendments to 5. 2189.
In contrast to the Energy Committee eral Government should concentrate on permanent disposal.
Mr. President, sound regulatory pro-for construction of a latter-day block-grams, by their very nature seek to house for long-term retrievable storagii, Fourth, the Energy Committee pro-schieve specific policy objectives that or spent fuel. the Environment and Put-posal sidesteps the NEPA process and strips the NRC of the authority it needs complement the objectives of the pro. Ile Works b!H, through its regulatory re-to conduct a thorough licensing review.
grammatic activities they regulate. The quirements, emphasizes the develocment Environment and Public Works bin is of facilities for the permanent disposal I cannot think of any activity with more compatible with the Energy Committee of highly radioactive liquid wastes and potent'.a1 for serious harm to public blu in many respects and provides a reg-spent fuel. Development of this facility health and safety or to the environment, ulatory and control program that wiu would conform to all the requirements of and to which the NEPA requirments add en additional measure of health and the National Enviornmental Policy Act.
would more appropriately apply, than environmental protection. Such addi-The bin establishes a schedule, with nuclear waste storage and disposal. Yet, the Energy Committee proposal nulliSes tional protection is absolutely essential deadlines for the appropriate Federal these requirernents, because the problem of nuclear waste agencies to ecmplete specified tasks, that In contrast, the Environment and Pub-management has grown so large and so wiu lead to the operation'of a nuclear He Works bin implements a step-by-step, complex.
waste repository by January 1,2000. The technologically conservative approach Eince the dawn of the Atomic Age over environment and public works bill. with toward the siting and development of a 30 years ago, the Federal Government its emphas's on implementation of safe nuclest waste repository In particular. -
has generated over 75 minion gallons of technology for permanent disposal for our b!H requires the Department of En-
' highly radioactive liquid wastes which it nuclear wastas, rejects the Energy Com-ergy to thoroughly characterize at least
" temporarily" stores in tanks at several mittee's fast track approach for several four sites in at least three diiterent geo.
Fed:ral reservations. These tanks have reasons:
logic media before applying to the NRC leaked at least 500,000 gallons of this First. this generation has a moral ob11-for a permit to construct a repository, highly radioactive liquid into the soil. At gation to solve the problem of disposing This emphasis upon technological safety thz same time, the commercial nuclear of the exponentially increasing amounts through the analysis of alternatives will powIr program has generated over 7.700 of nuclear waste, rather than to leave enhance the public confidence so essen.
metric tons of spent fuel, stored primar-that problem for future, generations to tisl to the success of any nuclear waste ny in pools at the site of each nuclear solve. The long-term retrievable storage management strategy, poverplant. Any solution to the nuclear approach merely offers another non-a The objectives of the Energy Commit-waste problem win require hundreds of solution" to the question of what ulti-tee blu differ from those required by the
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CONGRESSIO'NAL. RECORD-SENATE :
<yuly 33,1930y.
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' regulatory program in the Environment ' because the NRC can provide an inde-mated, cost of any needed ahisenant and and Public Works hm in another impor-pendent cheek:on DOE's analyels of storage of. spent ~ fuel in a Federal away-tant respect. The Energy Committee but need..
from the reactor site.
authorises the Secretary of Energy im.
W further anoeurage martmlumiim of The Energy Committee buld1Rars from.
mediately to build or acquire away-from-on site storage capacity, the environ-the Environment and Fuhlic Works Com.
reactor AFR storage for commercial ment and public works bin would require mittee bul in one final. but.important.-
spent fuel. 'Ib finance this full-scale Fed-expedited licensing of additional on-site respect. The Energy Committee blu does eralaway from-reactorstorageprogram, storage pools for those utilities that dem-not give States..or.the puhue an ex-the bul establishes a 8300 miulon trust onstrate an artreme need that would press role for parucipating in the siting fund that apparently would enjoy im-otherwise force them to shutdown before or development of nuclear waste fac.Hi.
munity from the normal congressional they could provide the additional storage ties. The Environment and Public Works scrutiny of the annum 1 authorisation and napnetty needed. Km.
...m blu. however, does give potential.hast l
The-enviremm4nd puhuc works States, affected Indian tribes. and the rporopriations process.
The Depanment.cf Energylianalready blu. promotes the otgectives of martets-puhuc a continuing voice in au daa6=i==
1 announced that in setting up the Federal ing on-atte stornse capacity and full-cost leading to development and operation of AFR program, it will attempt to buy two recovery by the Peders! Oovernment for a nuclear repository..
aammercial repraa===ine faciuties so that two reasons:..
Mr. RANDOI.FE..Mr. Frasident, win it can use their epont fuel storage pools:
First, use of'an APR facGity will re-my couettue yleid? ' ' :
The General Electric ieprae===tr.r plant quits two shipments of sper.t fuel before Mr. HART.I yield to the Senatorfrom at Morris. Zu which was closed per-permanent disposal-once from the pow-West Virginla.
manently because of serious engineering erplant to the AFR facility. and a second Mr. RANDOLPH. Mr. President, the flaws, and the Allied-General Nuclear time from the AFR faciuty to the nu-point just made on local understanding-
)
Services plant at Barnwell. 8.C. at which clear waste repository. Many States and and participation.is something that we i
construction was halted when the art. localities already have objected to nu-have reserved in the measure that the ministrationannounceditsindefinite de ' merous shipments of nuclear material Senator from Colorado is discussing that:
ferral of commercial reprocessing.
across their borders. Needless to say, comes from the Environment and Public The Department of Energy justifies the those objections.will grow much stronger Works Committee. I think this is a dif-AFR program with studies based upon a over otherwise unnecessary shipments of forence between the two measures in the faulty methodology and data base. Its spent fuel from across the country to one sense to which I hope that Members of.
studies indicate a need for certain utill-or several F4deral AFR storage facilities. the Senate wiu give careful consideration ties to ship spent fuel to a Federal AFR:
Second the Federal APR program as in their determination of just what win yet. these same studies never take into conceived by the Energy ' Committee, we allow et permit or encourage from account the ability of utilities to provide poses the strong possibility of a Ped-the more local aspects of our population their own storage by constructing addi-eral ballout of commercial nuclear rather than, let us say, t.eammission tional onsite pools. Indeed, many utill-power, another subsidy to add to the or a bureauentic attempt. This nuclear ties have delayed plans to construct ad-m H11ons of douars in subsidies..mthe waste disposal subject is a people's pro -
ditional onsite pools while waiting to Federal Government has already pumped gram and to have them on the periphery see whether the Federal Government into the commercial nuclear power pro-is not enough. Let us bring them into the would offer to transport their1 spent fuel gram. 'Ihe Energy CommitM bill wocid arena of discussion and understanding, and to store it in AFR facilities.
require the Federal Government to take I commend by colleagues for stressing
+
In contrast to the Energy Committee title to the spent fuel at the powerplant this point, bin. the regulatory program in the En-site, taking the spent fuel off the hands Mr." HART. Mr. Fiesident, the dis-vironment and Public Works blu imple-of the utility forever. At the same time. tinguished. eammittee. chairman is ex-ments two fundamental policies for Fed-however, the utility would retain-a right actly right. I think all those of us who eral AFR storage, endorsed by both the to the value of the reprocessable material serve on that committee understand that me! ministration and the President's In-in the spent fuel, just in case reprocess-any program is not going to work with-teragency Review Group:
ing should ever resume in this country, out either.public participation but more First. Maximizing storage of spent fue!
/Ite utiuty would get au the beneSts. importantly pubuc acceptance of the at the site of each nuclear powerplant, with none of the attendant responsi* soluton.
and thus minimizing the need for a mas-bility.
I think this is a key and distinguis'h-sive Federal prognm to transport and In addition, the Department of Energy ing factor between the approach taken store spent fuel away from reactor sites. would assess the utility a one-time Second. Insuring fun cost recovery by charge for taking the spent fuel off the by the Ennronment and Public Works the Federal Government for the con-utility's hands, in the Energy Commit. Commnw and mat of W Energy Com-mittee because h di.smal ed of W struction, scouisition, and operation of tee's bul.This charge would not only cov.
any AFR faciuty, er the estimated cost of providing away (3 jna v
2 g
The environment and puhue works from reactor storage but also the esti-bin achieves these twin objectives by re-mated cost of ultimate disposal. No one clear waste management plans I think quiring the President to submit to Con. has ever ventured to estimate with.any strongly suggests the need for having this requirement prescribed in the gress a speci$c proposal upon which Con-certainty the true costs of permanently-statute ~
gress must pass before the DOE may disposing of nuclear waste. Presumably.
conetruct or buy an AFR facility. In this the costs will run intr. the hundreds of Mr. President. finauy. I just-say that proposal, the DOE. with NRC's concur-millions of douars indefinitely into the the problem of disposing of nuclear rence. must identify those nuclear power-future. Yet, the Energy Committee bin wastes, both commercial-and Federal, plants which wiu have to sh!p spent fuel would recuire the Department of Energy has plagued this Nation for over 30 to the AFR because they cannot other-to estimate these costs, assess the utihty years. We continue to rely upon nuclear wise provide additional storage on site for its proportionate share of the costs. power without knowing.for.certain how-before they would have to shut down. If and. if the Departtnent of Energy has or whether we wiu dispose of the wastes Congress approves the President's pro-underestimated the final tab, presum-that it generates. We have to enact a posal, any additional utilities seeking to ably require the Federal Government to comprehensive program that will not de-use the AFR must convince the DOE.with absorb the balance. This hardly sounds lay a solution to the problem but it will NRC concurrence, that circumstances like " full cost recovery."
at the same time protect the public unforeseen at the time of the Fresident's The Environmental and Pubhc Works health and safety and the environment, proposal have forced them. also. to look blu. on the other hand promotes fun For too long, we have mortgaged.our for additional storage capacity away cost recovery in the most direct way future by enjoying the beneSts of nu-from the reactor. This provision grants possible: It requires the utiuties to pro-clear power while neglecting.the dia. -
NRC a concurrence role between the vide, to the maximum extent possible. posal of nuclear. wastes. It is' time for NRC. in its daily activities, works di-. their own additional storage -capacity Congress and the American. people to be. -
roetly with individual utilities and has by constructing new on-site storas, gin to. pas off that.:nortgage..
firsthand knowledge of their needs, and pools, and to pay the actual, not esti.
I yield the Acor.
6 wn
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.x-J -S 9978 -
-.. CONGRESSIONAL RECORD-SENATE e Ifdp 28; 1980
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The PazSIoINa OPrzcER wr/.~sonand, the bm provides forw ear. ~ and, thereby, inake-that mpuen more 4
Poes). The Senator from Wyoming is fut consideration of altertnate sites in readily available, and we need to assure
! recognisart 4
planning for a soological repository for the Pederal Government's reic in this Mr. SDEPSON. Mr. Presiden( I wish high-level and transuranic. wastes. In storage program is limited to that which to mr.ke a few opening remarks about the accordance with the President's inter-is truly needed, and that the Pederal bin now before the Senate and the bill agency review group on nuclear waste Government is assured of recovering its
! reported by the Environment and Public management, the Nuclear Regulatory costa, which is rather unheard of I wiu
~
Wcrks Committee last Priday dealing C"""6anton, the Department of Energy, admit.
J
~
with the problem of nuclear waste dia. and the U.S. Geological Survey, we also Pinally. Mr. President, our bill ad-j posal.
believe the finest way to assure success - dresses the* problem of storing and dis-i I Arst commend ourchairman, Senator in finding an acceptable solution to the posing of nuclear wastes from our de-1 Jamratos RANDotra, who is a man of ex. waste disposal problem is to right now fense programs. Much of this activity is i coeding patience and eminent courtesy at the outset esplore several diferent now outside the NRC's regulatory juris-i and in every sense a man of courtly at. sites and geologic medit This may well diction. Our bill would enact the recom-I tentiveness to the needs of the commit. prove to be one of the most beneScial mendations of.the President's Inter-gee m.mhers, and he shepherds us approaches to assure that we avoid con. agency Review Group for expanding the through some di!Beult times in a way tinuing to repeat the failures of the past. NRC's present 11 canning jurisdiction to 1
chich assures us that we do not get in.
Third, the Environment and Public include defense tansursnic waste dis-i volved in destructive partisanship.
Works Committee billincludes a mech. posal and nondefense low-level waste I pay particular attention and make a aniam for including the States and disposal.
comment about Senator STAFFotD, who afected Indian tribes in the process for Mr. President. I want to emphasize i has been more than helpful as ranking the developing of geologic repositories. where I am coming from on that one. I i minority member of the committee, and The States and their citisens are justi-have no desire to intmde on the efec.
he has been most courteous to me; and fiably concerned about the development tiveness of the weapons production i to Otar EAar, who I have come to respect of these facilittes, facilities that must chain. I do not want to hinder national l In the, process of dealing with the issues catain these wastes for substantial pe. security, gf nuclear waste and more importantly riods of time, and a way must be found Brt in my 18 months here, during that th3 entire issue of a Nuclear Regulation to involve them and to make them.an time on this committee, this subcommit-subc:mmittee. He and I have learned actin part of the process.
tee, we spent an awesome amount of time much since Three Mile Island, and there The Environment and Public Works strictly cetroning h 20 percent of h 4 1s much more on the agends for us to Committee bul does that by a110 wing waste that comes from' commercial nu.
- deal with each potential host State and afected clear facilities, and we actually have very i
I believe that S. 2189 reported by the tribe to work out a mutually acceptable little knowledge of the disposal and stor.
I Energy and Natural Resources Commit. arrangement with the. Federal Govern-age practices of the 80 percent of the tee does include several useful proviatons ment that provides the State an oppor-waste in Ws, country which is gerated j cuthorizing the development of a ns. tunity to concur or not to concur in the y h Mense mpartment.
j tional nuclear waste management pro. Various stages of the siting, the develop-thft gram, involving both interim storage and ment, the construction, and the opera-t t
leg s1 on a
j ultimate disposal of nuclear wastes.
tion of the facility, Provid J
Frankly,I have some very specific con.
These agreements would then take ef*
in a ition to that ilot 1 ' cerns about this bin, but those concerns fact only after the opportunity for Presi-will determine whethe ad tional NR i do not arise out of turf protection. They dential and congresalonal review. Once regulation of the nuclear waste activities do not arrive out of competitiveness. We all parties are satisfied, the agreement of the Department of Energy is war-must get on with the action in this area. would take efect and the State and ranted or workable. This pilot program But overall there is one essential in. the afected tribe would be assured of has been carefully crafted to protect the gredient missing. That is a regulatory their rights to participate as partners national security concerns that an of us framework to assure that any national in this process, share and wish to preserve regarding our defense programs.
nuclear waste management program goes Mr. President, I reany believe that one So, Mr. President, I believe the En-forward in a safe as well as a very timely of the greatest obstacles toward solving vironment and Public Works Committee manner.
the waste problem has been the past in-bill is in so very many respects com-Mr. President, I belfeve the clear and ability on the part of the Federal Gov-gatible--yes, it is compatible-with the proper regulatory framework is provided ernment to work in partnership with the bH1 reported by the Energy Committee.
in the bin S. 2980, that was reported from States in addressing their very real and But its real importance is in providing, the Committee on Environment and sincere concerns and their fears in this at least in my view, a criticaHy essential Public Works on Friday, and I should like area.
regulatory perspective which is now to spend just a few minutes describing A recent example, such as that in the reg in this pending legislation.
what I view as some of the more im. the State of Michigan. I think, kro.
I hope that during the consideration of portan't features of the Environment and
. Public Works Committee bul.
vided encouragemnt to us that the type the Energy Committee blu it win be pos-of consultation and concurrence process sible to reflect the necessary regulatory First, that bin establishes for the very that is included in Environment and perspective in fashioning a truly com-first time a statutory schedule for plac. Public Works Committee bin willlead to prehensive piece of waste legislation.
ing into operation the first commercial greater cooperation and less confronta-These, then. Mr. President, are so:ne of high-level waste repository in this coun-tion than has been evident in the past. the areas in which the Energy Committee try. This schedule includes each impor.
Fourth, this b!H of the' Environment bin is distinguished from the approach tant milestone in the development of the r.nd Publ'c Works Committee imposes taken by the Environment and Public prohet, including the necessary regu-some very necessary safeguards on the Works Committee bul.
latory requirements. That statutory developrnent of a Federal away from.
In each of those areas I believe it is schedule is backed up by a compliance reactor program for the storage of spent important and necessary to offer amend-mechanism to assure that the various fuel. You will hear a lot about that ments to S. 2199 in order to bring it into steps are carried out when needed and phase in the ensuing debate AFR, conformity with the regulatory concept when scheduled.
sway from reactor..The safeguards are of S. 2M This compliance mechanism assures geared to three principles: First, we need Along with the very able chairman direct presidential involvement and for-to resolve the present uncertainty about of the NJelear Regulations Subcommit-mal cengressional review of the progress the anilability of. adequate spent fuel tee, Senator mar, I win be ofering a mids in meeting that important time-capacity b7 assuring that sufBelent ca-series of amendments for that purpose, table. Our objective here, then, was sim. pacity sin be available either at the
.We hue a criticaHy important task -
ply to set a realistic time schedule for reactor site or at an AFR, if necessary, beforu us in this legislation. I feel we
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the very first time and then to assure We need to expedite the process for will work wen, and I want to assure that and to demand that it was mei,.
expanding th onsite storage capacity I will work diligently with the Energy
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1 July 28, D80 ECONGRESSIONAL~ RECORD- : SENATE
- S9979 i
and Natural Resoereas Commines and - Chul we set thatcremoted,$st le 23 - : Plat, thatleno question that Anding
-thel-Scor managers in esadng ap with ' most cattleal tasue, and that is.ths one a solution to the entire =mantany sound i
a Sne p6ece of legislation. I supress say : thatwin be resolvedintida debate..
disposal of nnetaar weste is an urgent j
serions and almeers cooperation to that I)oes that answer the inquiries of the matter. However,it is not so urgent that end.
Benatorfronsmanamnan ?
we can aRord to short cut puhuc par-l l
I do not feel any counpetittwness in. Mr. BOSCHWIIE. I win continue with ticipauon or waive the requirements of this issus. It abound be a compos 6te of-the senator personsuy.
NEPA. Bis kind of approach will, in fort, and I intend to assist in that.
. Mr. SIMP 8ON. I yield to the Senator the end, only langthen the amount of
- from Vennant, my very able couangue ume it requires to and an anana=lemny, I thank the Chair.
1*
Mr. BOSCEWFIE. Mr. President, wEl and the ranking minority===he of the socially, and ensinamentally acceptable i
the Senator Fleid for a gesettont full Comanttee en Environment and solution to the nuclear waste problem.
Mr. SIMPSON. Yes; I yield to the Public Works.
Raeand bedore the Federal Govern-8enster from waa==a*= for a question.
Mr. STAPPORD. Mr. Preendent,I very ment makes large invad=anh in inter-Mr. BOSCHWrIV,. As the Senator much appreciate the distinguished Sen. mediate storage facilities, the Congress known, I have somme hasttsuon about the stor from Wyoming's yielding to me. should have the opportunity.40 be as-1 Energy Comaadtese bill inasmuch as ig Be in the manager for the minority on asems to be a shorMerm rather than a -the legislauon that cune out of our com.,sured that we am investing i
long-term soluuan to a probleen which,I maittee last week.
needed in the near term. Dere is cut-ttdnk, deserves more thorough )ong-term Mr. President, the t'a==lHaa on En.. rently conflicting informathon-en to the l
consideration.
vironment and Pubuc Works, on which need for interim storage facilities. More i
no Energy Comuuttee's bG1 might I serve as the ranking minority member, information should be available during j
also involve removal W the waste untg this past week reported to the Senate the next year or two and this Senator more planning is done.De Energy Com.
- 8. 2980, the Naticnal Nuclear Waste Reg. beneves that when the need la numciantly mittee's bill deals with the reuse of the ulation and Control Act of 1980.
demonstrated Congress will act expedi-i Mr. President, this Senator believes hously.
,,,g$n not a physicist, as the Senator that the safe disposal of hasardous Pmally, the Senator from Vermont Ia 2
I knows, but currenuy the waste can be wastes is one of the most important and would urge my distinguished coueagues roused and is not being reused because mest dif5 cult problems facing our coun-to support the agulatory framework i
)
of a Presidanual declaration W not try during the next decade. Already, we containedin 8. 2980 as a necessary com-i wanung to be the Srst to extract or have over 75 minion saHons of liquid plement to a Federal program for the I
utiuse the plutendum involved
- high level radioactive waste and nearly long term management and disposal of 8,000 metric tons of spent fuel in tem-radioactive nuclear waste which win in-
]
Does the Environmental Committee bill also make provision that this waste porary storage faciuties. Clearly, dispos. sure the protection of public health and ing of nuclear waste in an environ. safety.
could be recaptund at a later date and mentally sound manner is a chauenge Mr. President, the Senator from Ver.
{
I the uranium be enriched and the plu* that must be met regardless of the future mont must express some mud dismay j
tonium possibly be used,'the Tlutonium of nuclear power in this country.
that we are coa **tna S. 2189 this i
fromit?
The Senator from Vermont believes morning and that we are not also, as Mr. SIMPSON. Mr. President, the Sen-that the approach taken in S. 2980, re-original text, atmnarly considering S.
a stor from Minnesota in his very usual ported by the Environment and Pubuc 2980, because it is the opinion of the
}
perceptiveness-and I have come to Works Committee, is a sound approach Senator from Vermont that there are know and admire him greatly in my time to the long term management and dis-some desirable aspects of each of these j
here, having worked with him en many posal of nuclear waste. Many of the past bius, both in the nuclear waste Seld.
issues-has already found one of the eforts in this area have not been care-this extremely important area-that the prmeipal distinctions between the two fully thought through or wen coor. Senate ought to jointly consider and pieces of legislation. There will be other 'dinated and the result has been that the quite possibly adopt in its final pmduct.
distinctions drawn in the process of the puhuc is now skeptical, and rightly so, I ngret, therefore, that the attention debate.
of any Federal program in which they of the Senate is focused on S. 2189 and One of the things that the Energy and are not involved throughout the process. not also on the provisions of S. 2980, s
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Natural Resources Committee bill does is Tnereiore. it is most important that which the Environment and Public Works to provide for a retrieval method of the the next efort in this area is a deliberate, Committee worked extremely hard to get waste product from the repository. I do step-by-step, weH thought out progres-through adequate consideration and then not th:nk that is anything we should be sien to a solution of the nuclear waste voted out so that the Senate might con.
i
. preriding for. In other words I hun:h-disposal problem; S. 2960. in the opinion sider it during last week.
4 and their membership can te3 us what of the Senator from Vermont, provides Mr. Pruident, a Parliamentary inquiry, i
they are thiriking-if thu country goes. the k'.nd of regulatory framework which he PRESIDING OFFICER. De Sen.
4 to reprocessing that then they win want win sasure this and which will restore stor win state it.
i to be able to dip into the waste geological the public's con $dence by insuring that Mr. STAFFORD. Is the Senate operat-4 I
media and retain that waste product in they are deeply involved in the process. ing under a ume agreement at the pres.
1 i
order that it might be reprocessed.
The people in my own State of Ver-ent time?
I do not think we should exhaust any mont have made it very clear that while The PRESIDING OFPICER. De Sen.
J energies in that area. If we are going to they depend on nuclear power as a source stor is correct. We are operating under i
I dispose of it, let us dispose of it. There dam ndeed, a principal source g a h amem are many methods by which to do that* mm in our State-they han einphat.
h SMRu CM h M b.
t icauy stated on many occasions that they form the Senator how much time there But if we are going to dispose of it in intend to have a voice in the siting of is in general debate on this bin?
geological media let us put it in geological powerplants,in the transportation of nu.
The PRnmING O!'FICER. 480 min!
media where it can be retrieved at some clear waste, and in the dispoeml of that utes.
j later e because just having that op-waste. This Senator added a provision to Mr. S"I' AFFORD. In that ennt, Mr.
places us in position where secuan 9 of S. 2980 to assure the puhuc's President, the Senator from Vermont j
we destroy the efectiveness of disposal. participauon la every phase d the suggests h abem M a em to be Of course, one of the problems that permanent waste disposal process.
charged against the minority's time.
right now is being deeply talksd about in The bill before the Senate today, he PRESIDING OPFICER. Without the Vice President's omce at this ver7 S. 2189, the Noelear Waste Policy Act, objection. it is so ordered
- mornent of time-and in which I will jotn reported by the Energy Committee. pro-N w21 cad 2e ron.
my coueagues there in one moment-is vides a Federal program for the mra-the issue of State participation and State asement of radioactive nuclear waste, The assistant legislative clerk pro-yeto on the issus of where these disposal This Senator has a number of concerns caeded to can the roll.
j sites will be.
sbout the approsca in S. 2189.
Mr. STAPPORD. Mr. President, I ask i
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S 9980 ECONGRESSIONAI : RECORD---SENATE
- July g3 r#80
,, e.
Mo' s aan= ant that the ceder for the ' from the reactor sites, utthties are faced nuclear fuel cycle evaluation study u
-with a amblem of over time filling the (INFCE) th re may be quesuons regard.
quorum canbe Mad =d The PRESIDING OFFECER. Without spent fuel storage capacity included in ing th3 necessity ct the present time of.
objection. It is so ordered.
> the original reactor design. -
thermal recycle in light water reactors Mr. STAFFORD. Mr. President, com.
They are faced with few opuans for but absolutely no question sbout the need menting a litue bit further fouowing the dealing with the spent fuel problem. to pursue the breeder reactor. The plu-statement I made earlier, it now appears They can transfer the fuel to the Federal tonium in the spent fuel being generated likely that Senators from the Commit-Oovernment, they can expand spent fuel by our utilities is just too valuable to be tee on Environment and Public Works storage capacity on site, or they can shut irretrievably lost. Thus, I. am convinced will propose a series 00 amendments to the reactors down.Because of unpredict-that some day in the not-too-distant fu-a thi pending but before the Senate in or able Federal poucles in the past, no ture we wiu indeed reprocess the spent der that the more attracuve and impor-private investor would provide new spent fuel.
tant poruons of the Environment and fuel storage capacity without a Federal The administration afterIslengthyin-Public Works Committee bul may be ' guarnates to protect his investment. teragency debate about nuclear waste, considered as amendments to the pend-Intra-and interutiuty transfer of spent issued a report which said that geologic ing legislatico.
- fuel ocasutute a short-term bandsid ap-disposal of spent fuel or high level waste Mr. President. I suggest the absence of preach to a festering problem, was not feasible until the late 1990's or a quomm, and I ask unanimous manant If the world were truly an agreeable beyond. While the experts on balance be-that the time be charged equaHy w ulace, the expansion of spent fuel capac-lieve that there are 30 tachnalogical 1sy J* the reactor sites to provide for ade-problems sumcient to require waiting both Cdes.
The PRESIDING OFFICER. At pres" quate sw.c untu reprocessing occurs that long to achieve geologic disposal of ent, there are four diferent Senators would be the clear cuoice. However, anti-high level waste the administration has c:ntrouing the time on the bul.
nuclear groups and sincerely concerned adopted the recommendations of the Mr. STAFFORD. If it is in order. Mr. clumna in many areas of the country IRO and now expects to achieve the first President, I would propose that the time have already taken actions to prevent geologic disposal by perhaps as late as be charged equauy to su four on the bul. utuities from even reracking spent fuel to the year 2007.
i The PRESIDING OFFICER. Without achieve higher storage capacity In exist-Mr. President. I do not believe that objection. It is so ordered.
ing pools, let alone the construction of the American public is willing to wait Mr. STAFFORD. I thank the Chair.
new spent fuel capacity onsite. In this until the year 2007 to have a geologic dis-1 The PRESIDING OPTICER.The clerk climate, it caus into serious question the posal option for high level weste. In fact, wiu can the rou.
ability of all utiuties to expand spent fuel in view of our need to expand the use The legisistive clerk proceeded to can storage capacity at an of their reactors. of nuclear energy in the United States the rou.
Mr. President, I start from the premise I believe it is essential to demonstrate a Mr. JOHNSTON. Mr. President. I ask that nuclear energy is an essential ele-workable method for the disposal of high im mMmous consent that the order ior the ment of our energy mix in this country. level waste at the earliest practicable quorum can be rescinded.
so the option to shut down a reactor when time. Thus. S. 2189 has been fashioned The PRESIDING OFTICER (Mr. ' the spent fuel capacity is fuled is unac to include a concept which we know how Nztsex). Without objection. it is so ceptable to me and should be unaccept-to do today for disposing of high level able to all reasoning men who want to waste as wen as spent fuel.
ordered Mr. dACESON. Mr. President, I am maintain a semblance of our lifestyle as Section 402 of the biH caHs for the the world ou supply dwindles.
Department of Energy to submit to the pleased that the Senate has f.naHy ar-Because of these factors,I believe it is Congress a proposal for a facility to ac-ranged to consider S. 2189, the Nuclear pmdent and necessary for de Mral commodate interchangeably either spent Wasta Policy Act, which was reported Gonmment to pmvide sumcient away-fuel or high level radioactive waste with from the Senate Committee on Energy m
to sto a
t ready retrievable and active manage-and Natural Resources on December 20, 3 P y} go n
i ment for use so long as may be neces-1979. This blu was an original bin re. ties which are prevented from expanding sary. By this concept the committee in-ported from the committee based on the th a
ge scRy n
s committee's considention of S.
- 685, tends that high level waste could be dis-f q, p, pa posed of in Ws manner forem and need which Senators Jouxsvow, Caracu and ment of Energy with the authority to con-riot be moved to diferent types of dis-myself cosponsored early in the 96th struct or acquire an away-from-reactor posal facilities. In fact, this type of fa.
I do not wish to dwen on the specific 'fs#*$t nu 1 ar fuel Ih cWy should se as a standard W o p a city a which other disposal options can be co.
prousions of the but because the com* have to be expanded over time until a pared. If a clearly superior dispor mittee report and the comments of Sen* decision is made to start reprocessing of method is demonstrated, then high le stor Jouwstow adequately described the spent nuclear fuel or until a facility of waste stored in this retrievable facility bill's provisions. Rather. I would like to the type envisioned in section 402 of S.
muld be transfernd 2 h um W d discuss the general philosophy which the 3189 is operaMal.
OP08"I I"CD'le facility has the fur-committee intended in reporting this Thus, Mr. President, I feel that the op-This _retrievab bill.
ponents away from-reactor storsge do ther attraction that, since it can store Mr. President,in April of 1977 this ad-not have a fun appreciation of the prob.
ministation announced the policy of lems facing utilities with nuclear power. spent fuel in a retrievable fashion, that preventing the reprocessing of commer-plants, or they want to use this spent fuel the capacity for away from reactor stor-cial spent nuclear fuel in either privately problem as a way to prevent the operk. age in water fuled pools may be of n i
owntd or prospectively Government tion of existing nuclear powerplants and much more Mmited amount than if we j
o'med reprocessing facilities. Since the the construction of new ones. In either wait until the year 2007 to achieve geo-inception of the nucles.r power program case, I urge my colleag1.ies who have logic disposal.
in the United States, the Federal Gov-heard the arguments by these opponents There is another clear advantage to ernment has led utilities to believe that to realize that the problems of the utili ' this managed storage concept, Mr. Presi-
. the normal course of event.; would entail ties are largely of the Federal Govern-dent. We do not have to find the per-reprocessing of spent nuclear fuel and ment's making in that we have an obliga-feet geologic formation, of which there subsequent disposal of the high level tion to provide spent fuel storage capac-may be few in the country, to achieve waste resulting from that reprocessing in ity for them when they are prevented disposal of high level waste. With this federally owned repositories. Without the from helping themselves.
type of f acility,it is very realistic to con-prospect of reprocessing any time in the Mr. President, S. 2189 also deals with 'ceive of a regional system fe the dis-near future, the utuities in our country the qumtion of the disposal of spent fuel posal of high level waste, with the only are faced with a situation analogous to or the Lgh level. ctes resulting from siting criteria to be related to popula-a home owner with a clogged drain and this reprocessing. Now, no reasonable tion density, flood potential, earthquake a dripping basin faucet-the spent fuel person today is advocating the disposal faults, and the like, basins are fuling up. Without an oppor-of spent fuel in an irrettivable fashion.
Thus, just as we envision regional tunity to remove the spent nuclear fuel In the aftermath of the international away-from-reactor storage capacity to O
-.n
--e n-
.,-..n
_.,y _
~.
5."
1 'S 9981'
.Juli.28i #8'O
-.c CONGRESSIONERBOORD-SENATE tid extent thapit ts'needed..$ M, GMriMcCLURE.Has the Senator called (DF proWee a enuma and essendanses for achieve high level.wasta disposal more up his amandmantt. -
the ease esossee and empeona ce amenearweste closely associated with the reactors that. Mr. GLENN. I havt not called it up, and spent fuel:
p((]g,Q**'d*,***n'7,"'T ' M*g'.
are producing the waste. It is important I was going to submit it at the and of that no State feel that it has been sin-any statesment.
states and locauties have aseguesa opper gled out as the only site for the storage
- Mr. M2rRE. Iwas going to ausgest tunitses en revieur paans ser tae deemsopanant of spent fuel or the dispoeml of high level that the Senrter adsht like to submit of Peeeral anstear unsen esponni smetunes-the amandment and the time wiB be al-med..
o
.a.
waste.-
^
located on the amendment rather than (q) the secretary must tacrosse tes esorte Mr. President, the commfttee debated r,
at length the question of the participa. on thahin..
te= eensuas and =f-te wun semies.and tion of an aSected Stale in tha siting of. Mr..GIENN. That is a good idea.~ Mr. """ asserning Peenral sepennery est.
a olviuan hish leeel waste fannity and President.
I"8,"
7,*
- 'ume [inew's ne l8 a
at that timme estand met formulate an op.
. l ased the====dmant to the desk and or,
ttmal approach... e r -
- ' ask====6==
canaant that it be stated. snuowtas.a: mn.m a sente ylennemy omanent on
~-
(e)
However, since that time I have come The PRESIDING -OFPICER.' The Neelear waste naamasemment so pro, ten seate, to believe that the State should have s am-tment will be stated.
losaL nad Inman tramat views in she area of full opportunity to pen.:,.te in the The lockstative clerk read sa follows: Pedwat nuclear men amanagement poucy
- "A9 "** - " # " +
Id",,W" < ^ su.
4 profeet up untti-the teme the Secretary
..Tae aamatar 2 esn'chnei.4Mt.'On.msw) ser of Energy applies for a construction per-himself and Mr. FuncT. proposes an un.
g, mit before the Nuclear Regulatory Com.
P"a'ad """-t numbered in quare the propermuon of an an.mai asee ar mission.
Mr. GI2NN. Mr. President. I ask waste Manasement Plan which resects the However, after the project reaches the imantmaus consent that further reading news of au interessed parues, (8) P'*"d* #** A"*"d eonsultataan and point where larse aupanditures of 1%d* be dispmsed wu.h eral funds are occurring,it is my belief The PRMmNG OFFICER. Without * * *
" * * * * * * ** " P*'*"***
that concerns of the asected State with objection 11 is ao ordered.
PedE 'repos regard to the puhuc health and safety The amendment is.as follows:
loadies settvitsee subject to congramaai re.
which are not resolved by the Sacro-on pas, s. tine fonowing une 25. insert newsand tary of Energy should be decided as part thefouowing:
(t) estabush nuclear waste repository re-of the normallicensing procacs under sp.
- 11) aucear wastes generated in the na.
New paasta, to ensure that states and locau.
plicable law, stonal defense pros.am have been accumu. ties han adequate opportunity to rettew In the course of consideration of S.
sating for more than thirty years. and spent Mermi plans for the covelopment of nu.
2189. I intend to insure that an amend. nuclear fuel and nuclear wastes from the clear et weste dispannt facutues.,
l ment is ofered which embodies this prin.
"""*'*181 18'"*t'y are increasing rapidly- = on page 5. featowing Itne 21 tasert the l
U I ""d**# ***** D** D""" ' "*J A**
"* *C ciple. I also will support the additten of (7) "coune11" means the state Ptanning provisions establishhg a State planni". sue of puhuc concern. and stringent pre.
caucons must be taken to ensun that nu.
councu on Nuclear waste Management:
council as a permanent entity as part of clear wastas do not advernaly afect the (s) " Department" means the nepartment this amendment. With the inclusion of punne health and safety of this or future of Energy 1 this amendment to provide for State par. generations:
(0) "Rettew Panal" means a Nuclear Waste ticipation. I believe that S. 2189 is an. (t) the auing, devempment and loading Repository nortew Par.et:
Waste g"oovernor"t Plan:
(10)
Plan" means the annual Nuclear of MC ear waste depontanes are responal.
excellent bil! for moving us forward in bluuss'of the federal sovernment:
anaamn dealing with nuclear wasta issues and (11) means the Governor of a (1) conadance in the ability of the Ped.
spent fuel storass.
eral oovernment to manage a program pro. state. or succeanors to the oovernor, during I urge my colleagues who believe that riding for the safe and permanent disposal their respective terms of oeice. or their desig.
nuclear power is an essential part of our of nuclear wastes must be substanusuy in.
nees:
national energy mix to support the com. creased Lt nuclear power is to contribute (12) " nuclear waste" means high-levet mittee's bill and to cast a dubious eye signiscantly to moeung the energy needs of waste. transuranic contaminated waste. and on amendments to the bill which oEer the United states in the future; low-level amate:
(m) Pederal nuclear waste disposal pro.
(13) "hish-level waste" means the highly the prospect of endless delay in resolv.
pas han been wem due to ramach wastes namng fnm the re.
ing these impcrtant issues. The public (A) inadequate coorttinetton among the reprocessing of spent nuclear fuel. and in.
support for nucicar power is contingent
,,,,ous Federal agenetes and departments cludes both the liquid waste' which is pro.
upon resolving in a safe, but timely waT. which have responsibtuttes reisting to nu.
duced directly in reprocessing and any sotto their concerns with regard to storage of etear waste management:
material into which such liquid waste is spent fuel and disposal of high level (B) the lack of a ponermettng process made:
wasta. To do less is an abrogation of our which integrates the vee =s of au Pederal (14) "tranuranic contaminated waste" responalbluty, meencess and departments teto a compr,.
means matertal contaminated with owments Mr JOHNSTON. Mr. President. I yield hensin Governmentwide potter:
having an atomic number greater than 92.
(c) the imee of an organissetonal mech. including neptuntum, plutonium. amert.
i myself 1 minute.
amam which neores states localtetes, and cium, and curtum, in concentrations at gnat.
The distinguished Senator from Ohio the puhue the opportunity to parttespate er than to nanocuries per gram:
is ready to introduce an amendment on fuur in the formuistion of Pederal nuclear (15) " low level waste" maana material con.
which we have been negotiating foe **"* "An*8*"t Polley: and taminated with radioactive elementa emit.
some time. most of the principal players.
(D) the tact of an orgamentional mecha. ting beta or gn=== parueles or with traces on this question of Stata approval. I nism whlen anows stata and localnies to of transuranic siements in concentrations might say that the stat is, at this mo. reeew Nderal plans for the development of less than to nanoeunes pu gram:
(le) repository means a faditty for the nuetear waste airpomat faccities, and to en.
ment, working hard on it. I appreciate 818PI Of h1Eh-l' 1 waste. traneurante sun thenby that such plans adequately e nt==inated waste,'*or apont nuetear fuel, very much the eforts of the Senator protect state and local interests:
from Ohio and the Senator from minn4 (n) a State Planning Counen on Nuclear whether or not auch faciuty is dulgned to GCr. Pssey) toward e3ective nesetsation Waste Management must be estabushed to permit the subsequent recovery of such mm.
' in getting the matter worked out-I asord states loem11ttes, and Indian tribes the terial. except for facilities to be used erclu.
bope.
opportunity to participate runy in the for. attely for research and develop nant purposes I yield the Soor, Mr. President.
8"l*#'" 'f P'deral naciw waste manage.
- ",p,. 681ASLF"ht amount of such ment poHey:
w Anemonar wo. sees (o) a Muetear Waste Manaeament Plan (17) " storage" maaaa retention of nuclear Mr. GLENN. Mr. Preautent. Senator which resects the views of all Federal agencies waste or apent nuclear fuel with the intent to Pzmer and I have coauthored an amend. and dePemnents with respons!bilties per. recover such material for subsequent use, ment which addresses a number of key
- 18188 20 8"'I'*F **8te managment and proomaning, or *= paw the Ttews of t*Je state Planning Councu on (1s) " local government" means any poli.
issues Det admately addressed in the Nudear Waste must be developed and per1* tical subdivision of a State including any PenMlegiflath odicallT updated in order to-town. city. townahlp, borough partsh, village Mr. McCI.M. Mr. Wt will the
( A) improve the coordination of the activt. county, or other seneral pu'rpose potttsetni Senator yield for a mmmt?
two of Federal departments and ageneses with subdirtalon of a state:
Mr. OLENN. Yes.
respect to nucsear waste management:,
(to) " Indian tribe" means an Indiac tribe.
and
m.c s
S 9982
' CONGRESSIONAL RECORD-SENATE fuly 28,1980 1
.s..
es.deense in to Indian Self.Deterudnaston.and loest governaments. ant Indian stribes en Analuding per diam inflieu af "
7--
l and Edusauen Aaststance Aet JPubus 1.aw nuclear waste amnagement (including man. autherland by law.
1 33 g33);
asement of opent nuclear fuel). In carrylag (d) A vacancy that assy oecur e,n, the
. (30) "pubus health and endety" sneans the out its advisory funeuens the Counct! aba13-Council shall not asect its powere or func.
puhui hem 1th and safety of surrent and fu.
(1) recommend memah for MMew. uons but shan be alled in the same amanner..
]
ture genernuens; -
tag auctant waste amanagement plans and in which the ortstaal appolatment. was (SI) " nuclear weste and spent nuclear fuel prograsas in a way to ensure the tunely and made.
i management" ameans the transport. storage. esecuve involvement of State and local gov.
(c) The provtalons of the Federal Advisory
.s and dispoemt of nuclear weste and opent nu. ernments and Indian tribes; Committee Act (5 U.S.C. App. D eseept as
{
clear fug.
. (3) rettes the development of the Nauonal inconanstant with this Act shau apply to the (33) Sain eatt"annans me prisaarywer. Nuclear Weste Management Plan and provide Council.
"l; unal.aaones eats of a nuclear waste repost. recommandauens to ensure that als plan (f) The seerosanes of Energy. Interior, and a,7; 4dequately addreenes the needs of me state Transportauen. and.the Administrator of
. ggg) -g e.,noteneauen" means me pro. and local areas asected:
the EnMronmental Protecuan Agency shau gram of emptorsuon and research. Doe in the ' (3) advise on all aspects of esting faculties dentsnate one omoer to act on hns behalf to laboratory and in me Sold. undertaken to for storage and disposal of nuclear wastes.in.. attend each moeung of the Councu as pro.
establish the geologie condauens and the studing the twtew of moommended critens vided in secuon 10 of W pederal AdMaory ranges W those punautore of a perucular for este eclecuan and atte euttahtisty, guide. Committee Act.
... ~
gte relevant to the precedures under this lines for mytonal stung. and procedures,for,
' part. site charactertasuon includes bortage. ante characterlanuon and selsouen.
.. atrenommarnow ce arraorasafsoms c
aurfaes escavations, eseavanen of esplora.
(4) advise on an appropriate role for state.. g,g, 90s. There are authorteed to*be op.
tory abatts, limited subsurface lateral esca. and local governments and Indian tribes in propriated to carry out the proMalons of Taufna and bonngs, and in attu testing the licensing, permitting. Ngulation and op. tMa uue such sums as may W necessuy.
caeded to determine the euttability of the oratton of nuclear waste repositories:
Notwithstanding asesion 333-1 of utie St.
ette for a geologic reposstory, but does nog (5) adwtae on proposed Federal regula. United Statee Code, the Department of En.
include prenminary borings and geophysical tions, standards, and criteria related to nu.
wgy ahan transfer funds appropriated pur.
tesung needed.to decide whether ette char. clear waste management programs, and.
auant to tMs authortsauon to the Councu to
'~
carry out the purpoess of this Act.
,m,w,, e 30 1 wing lin 1asert the on other saattere ret ted to sarnavsow or awncam
=
uon. sto,mge. and dis,o.ai of nucie waste
.sc. = no Co-cu.a-esist -
.,,m, 'i.,,,,,,.,,,,e,,,.,,
m,,
that the Couneu neuem =e important.
gymn after m date of enactment of this
^ gEIP AND PUNCTIONS OP STATE PLAN, aoTuosm or Tus coowcm NING COUNCIL ON NUCLEAR WASTE
'Sec. 704. The Council ahan have the nu. TITLE VIII-NATIONAL NUCLEAR WASTE sermmassan w Tus erwca" thority to-,,
MANAGEMENT PLAN Sac. 701. Them is estab!!ahed an adMaory (1 designate special advisors; seTaar,ssmuswT or NAT owat srocLaan wasts
)
- committee to be known as the State Plan *
(2) utuise, with their consent, the serv.
asamaaw=T FEAN ning Council on Nuclear Weste (hereinafter Sees.. equipment personnel. Information, and refirTed to in 21s Act as 2e Councu ).
faciuties of other Federal, State or local pub.
Sec. 801. The Secretary. in consultation 11c agencies, and Indian tribes with or with* with the State Planning Council on Nuclear aggmaR1r or TMs CotrucIL out reimbursement therefort
%7aste. the Nuclear Regulatory Commisalon, the Council on Entironmental Quality, the Sac. 70E (a) The Council ahan consist of (3) accept voluntary and uncompensated Director of the OSce of Science and Tech.
sighteen members. Pourteen members shall services; be tppointed to the Councu by the Prest.
(4) enter into contracts. leases. cooperative nology Policy, the Administrator of the En.
dent. Of these fourteen members, eight shan agreements. or other transactions necessary vironmental Protection Agency, the Secre.
be Governors. Sve shan be State and local in the conduct of the Council's functions. taries of W Interior. Transportauon. and (15cted oscials other than Governors, and with any public agency, or with any person. state, and the head of any other Federal ene shall be a tribal government representa. Arm. association, corporsuon, or educational agency or department designated by the tive. The remaining four members of the institution; and President shan prepare an annual nuclear Council shau be the Secretaries of Energy, (6) transfer funds to and accept funds waste. management plan for the Ascal years Intarlor, and Transportation, and the Ad.
from Federal agencies to discharge Council 1982.1983,1984.1988, and 1988, describing ministrator of the Environmental Protection responsibuities as set forth in section 703 of current sad planned Federal activiues for AgIncy. The Nuclest 144gulatory Commtanton this Act.
managing nuclear waste and spent nuclear shan participate as an observer in Council fuel as follows:
activities. Of the members of the Council rsssowwst, awe anastwtsraarrow (1) To the mavimum extent feasible, the selected from among elected oscics, seven 8sc. 708. (a) Members of the Council in. Plan shall incorporate the views of all of the sha!! be appointed for a one. year term and ciuding special advisors, who are not other, above named Federal agencies and the Coun.
seven shall be appointed for a two year term. wise fun-time employees of the Federal Oov. cit if signiSonnt diurgencks of opinion es.
Appointments. or reappointments, at the ernment. ahan receive no compensation from 1sts amng such agenews including h expiration of the initial terms shall be for the United States by virtue of their service Councu, en majM lasues, h drah Man shnu terms of two years. Appointments to nu a on the Counc11. but all members may receive indicate where such divergencies of opinion vacancy occurring before the end of a term the transportation and travel expenses. in.
exist and shau include h relnant options sn&11 be for tne Delance of the term. No c!nding per diem in lieu of subsistence, su.
fu considerauon by the maident Meg m1mber who is an elected oscial may cou. snorizea Dy law (5 U.S.C. 5702 and 8703) the submisalon of public and agency com.
tinus to serve on the Counct31f that member (b) The Chairman of the Council may ap. mnt pursuant to paragraph (2) ceases to be an elected oscial.The Chairman point and Ax the compensation of a staff (2) De Secretary shau make h draft with the concurrence of the Councti ma7 director and such additional persons as. ma Plan available for public conunent together be tppoint nonvoting special advisors to the spo$
m2r and P'
"#I' with any divergent opinions (and relevant
- Councu, options) on the Plan of the above named
(
(b) In appointing members of the Coun.
g be appointed in accordance with y,deral departments and agencies and of cil, the President shau endesvor to ensure
- pmmas of ude 5. Un1Wd States Code. the Council for at least ainty days, and aball representation of a broad range of viewe ng ap tments in the compecun thereafter submit the draft Plan, revaed as tatth roepect to nuclear waste and spent 6
a a u be paid in acewdance appropriate in light of the public mmmente nuclear fuel management and to ensure rep.
1th the provisions of chapter $1 and sub* received, to the Presidenti concurrent with resentation of geographical areas which are the subminaten of the draft Plan to the users of nuclear power and of geographical g to cla unad n al d
President, the above named Federal depart.
t.reas which are serving or may be ukely $#
" h*[x
'a submit their views on the draft Plan to the ments and agencies and the Council shan to serve as locations for nuclear waste and n
Prealdent.
spent nuclear fuel storage or disposal or ted States Code,but at rates not to ex*
- 8 8 ' f
' 3' (3)(A) he President shall review the which may be directly or aSockd b7 then acurth substanusu7 coed the maximum rate of pay for 08-18, as draft Plan and the commente and views he UD # 8'
- receives thereon sud shall resolve any diver.
(ci The Freendent aba!! deel ate one of gent views presented pursuant to paragraph On y P'
88 *
'f*I 8
- 8 8U or fa tate is e el r
le m pp te design 0 tion as Chairman of the Council.
to the civil service laws and regulations at the time of appointment to the stag of the (B) Protection of the puhuc health and 3
rWettowe or Tsrs cotmest, Council, sha!! retain civil service status safety shall be foremost among the factoru etc. 700. The Council shan provide advice without interruption or loss of status or to be weighed by the Secretary in preparing and recomanendations to the Prealdent, the privilege while employed by the Council, the draft Plan and by the President in re.
Secrettry of Energy and, se appropriate, other vuwing the draft Plan.
Federal agencias, the Congress and the State (c) The Director and staf personnel may (4) Not later than March I',1982, and a
receive travel and transportauon expenses, March 1 of each succeeding year thereafter
~ >-
- - ~ +,
July. 28, J980 m g.
CONGRESSIONAL. RECORD-. SENATE m3:g.-f. ]
_. l.83983 -
i*,
through Idareh~ U1006.'the tossetery shall este posenble-repository 1eites. proposes that mental economia. or:soonal'asspachstastelag
. submit the anal were6en of the Plan for the for.the purposes of.further DepartmentJo. from es proposed repository.. s wi. c.
. pository development.activttsee any such (c) The Federal agencies and departements i
nest Seent year to the Congrees.
i (S) Any committee of either Rouse of ease be eclested as the loestaon for a repost. named in esot&on 001 ehall asetet the Score.
3 Congrees reporting a bill authortelag funds tory, the Secreenry shall prepare and submit tary by coorennaring with the Secretat'y*e for nuolent waste and opent nuenser fuel.1o the Congmes a Propoemd Site Report do.
pnparauon of a nspoettery Development Re.
I sannagement actiettaea shan somander the moribing the alte in quesuon. the-alternatives port for a proposed Jepository, the prepara.
Plan and naar spoesty in any soport neoom.. considend. if any. nad has renaons for the tion by such agencies and departmante of panytas such han the setent to wh18h such eelection of_ the proposed repeattery site proposed authertenston le coastseems wath the 'trom among any such alternatives. - -
any partineas Environmental Impact state.
mente maname-e. br the National Environ ~
+
l" (b) The seemtary shalt not undertake mental Foucy Actso as to avete unneoaseary
(-
- Plan.
(g) In lieu of preparing an annunt Plan further work toward the development of a delay and dupucation of eRort. Nothing in 3
for any assal year conowtag 1988 the.See. Espository at any proposed om as. described this tius shau be construdte rollwe any 3
retary may prepare ap update of a previous. In subsectum (a). including the preparation. Federal agency-or department _of any duty Plan, identitytag any ohanges.in 1surrent of any noosemary license application for any. imposed by that Act. -..
n.
and future Federal nuclear waste and opent euch keposttery, untu forty.8M days of con.
(d)(If The Secretary ana11< propm the.
nuaiear fuel sannagement nettettinsafrom tanuous seeston (es deannd in a etion 908) Reposttery Duelopment Report with respect j
those desertbed in me previous Plan. auch shan have elspeed fouoving his submleston to such proposed repository in close coopera.
spectaed in subeect8on (a). The Congress, tion with the appropriate Bertow Panet and to the Congrees of the Proposed Site Report update shall be subject to au the procetteres 2
=
shau incorporate the views of. such fanal of this Stue appucable to annual Plana.
- l TITLE 2E- 000RDTNATION OF STATE RBc by. oonourrent, resolution. may, walw this into such Repository Duelopment Report to v'
N AND DEPARTMIFI' OF ENEROY tune ported..
the==ammum essent fonetble.'*
i REPOS* TORY SIT'NO. DEVEleOPMENT.. of the Proposed Site Report spectned in sub. the Governce (or other appropriate State ogn.
(c) Mw to his submienton 2 the Congmes (2) h Secutan than also Mt with AND WDING AC'1'NI'I'IRB f
8 evava soorsyscarnow escuan (a). the Secretary shall prepare a cials as epoc1Aed by state law) of adjacent draft of such report and solicit the views atstes.that the -Secretary determinen may Sac. 901. (a) At such tune the Department thereon of-be diteetty and substantiany afected by the shan deelde to undertake the study of any (1) the Repository Mnel convened in the Npository described in the Repository De.
l area within a state for the purpose of do.
state containing the npository atte:
telopment Report and with the governing termining its suitabuity for a repository or (2) other interested States. including sped bodies of vnman tribes in adjacent States spent nuclear fuelstorage faculty, the sec. clacany. the views of the Government (or.that may be so maected and shau incorporate 1
retary ahan nottfy in writing the Governor other appropriate State odiciale as may. be the views of such odicials into the Repository j
and the leaders of the State legnalature of apac18ed by 8 tate law) of other. adjacent Dunlopment Beport to the maximunn estent the state in which the area is toested of states that the secretary.cw-mines may feasible..
such determination and shall furnish such be directly and substant*,.Uy..:4ected,by.
velopment, Report, the Secretary shau submit (3) Upon oosnpleting the Repository Do.
persons au relevant information on a current a reposttory at the proposed M
]
basis concerning the program-of the De.
(3) the pubuct
~
- ~ ~ -
the Repository Development Report to the parta.ent for such stiudy.
(4) the Councut and Review Panet for fLaal rettew sad so the 009 j
(b)(1) In performing any study of an area (6) other Federal agencies and depart. ernor (or other appropriate State'eEletals as within a State for the purpose of deterining ments named in section 301, may be spec 1 Sed by State lawf of adjeeent
}
such area's suitabluty for a repository and he Secntary shau permit at least ninety States that may be directly and substantially 3
in subsequently developing and loading any days for auch review and comment...
afected by the repository desertbed in the i
auch repository within such state h sec.
(d) Ite secretary abati prepare a anal. Repository Development Report.and with sne j
retary shall consult and cooperate with the Proposed Site Report after considering the governing bodies of Indian tribes in adjacent j
Review Panel of the State in an efort to comments he receives pursuant to subsec. Statee that may be so ngocted. and shau make resolve the 8tpte's concerns regarding the tion 4c) and shan submit such f!nal Pro, h Report avauable for public comment.
j pubile health and safety, environmental. posed 8!te Report together with such com. N Seecntary shall also ec11 cit the com.
i economic, and social impacts of any such ments to the Congrees.
mants of h Council-on such Report. Tne d
repository, taking such concerns into ao*
Se retary shau anow a period of ninety days murostroer osysmcur N j
count to the maximum estent feasible. Such for such comments consultation and cooperation sha11 constitute 8sc. 903. (a) The Secretary shall-
- (e) The Secretary shnu suball the Re.
3 the esclustvo right of a state or indian tribe (1) at h earttut feasible time prior to th*
poottory Development Report for a proposed to participate with the 8eentary in the sit.
intended submission by the Secretary to the repository to the Congrees, together with the ing, deveispment, and loading of a repost. Nuclear Regulatory Commission of an ap*. comments of the appropriate Revtew Panel, tory, except as may be provided in other pucation fw a uccae to construct the main those of other interested States including ggderg3 gggg, Shaft of a nuclear weste npository, or specLScally those of adjacent, diroCtly and In carrying out his responalbuities undu.
(2) in the event that the Secretary is not substantially aNected Stateelsad such other i
4 parag-sph (1).
required by law to obtain a license from comments as h Seentuy has received with i
(2) The Secretary shan, at the eartlast Nuclear Regulatwy Cornmission fx W respect to such Report. (F) h Secretary i
feasible time after notifying a State of his construcuon of the main shaft of such re*
may not undertake site preparation wort decision to study an ares arltnin such State pository, at the earliest fossible time prior leading to the construction of the main abatt i
as a possible repository site, seek to enter to undertaking site preparation work leading of a proposed repository, unless and until he i
Into a written agreement with the Review to construction of the main shaft of such shan han submitted a Repository Develop.
Panel of such State setting forth the pro. MPeeltMy' ment Report for such repository to the Con.
cerMres under which the consultation and prepare a Repository Development Report. gnas and Congress shan have paaned a con.
coopation required by paragraph (1) shau The Secretary shau immediately notify the curnnt resolution pursuant to section DOS be cart lsd out. Such procedures ahan include Repository Review Panet ofi the State in estating in substance that the Repository
(
as a m11'! mum which such proposed repository would be 10 Development Report sufnciently addresses (A) the right of such State to comment cated of his decision to prepue the Repoet. State and local concerns to permit the Sec.
on. and make recommendations with re.'
twy Dmlopent Report.
retary to apply to the Nuclear Regulatory I
gard to, the pubuc health and safety, en.
(b) The Repository Dmlopent Report Comminalon for a iteense to construct such vironmental, economic, and sociar impacts shall contain- '
repository or.1f such a licerae Is not required of any such repository before h submis.
(1) the license appuestion for the repos1* by law to proceed with construction of such sion of any Proposed Site Report. Repository t#y prepared by the Secretary for the Nu*
repository.
Developrnent Report, on Repository loading clear Regulatory Commission, including any -
(g) In the event that Congress fans *.o Report relattag to such repository and at relevant enetronmental impact statements, pass a concurrent resolution as spectSed in such other times.es may be identised in the or in the ennt the Secretary is not required pmgraph (f) with respect to a Repoenory agreement; by law to obtain a license from the Com*
mhah for the construction of the main Development Report the prohibition met forth (3) procedures, including speciae time pe.
riods, for the Secretary to rece!M. consider, shaft of wch nocattory, a document con.. in subsection (f) shau natin inesect untu such time as-.
resolve, and act upon comments and recom. talning comparable information and anal
- mendations made by such Review Panell 2h a plan for the transport of high-level the Congrees a revised Repository Develop-(C) procedures for the Secretary and the or transuranic contaminuad6 waste or opent. ment Report with respect to such reposttory, Review Panet of such State to review or nuclear fuel to the repoeltory, including an
- and, mesessment of. anticapated environmental.
- 42) Congress sha14 & ave panned a. concur.+
modify h agmment periodically
- health, and safety impacta.and a descrtp. rent resolution s& apaciSed an subseetion (f)
Paorosso arre a Poers t$on of emergency planning procedures; and with respect to such revised 'Repoettory De.
Sec. 002 (a) At such time as the Secretary.'
- 13) a'ny plan to provide Anancial amnist, velopment Report.
fo!!owing detailed site characterization and ance to State or local governments of Indian Each revised Repository Development Report investigation activities at one or more spe. tribes with respect to health, safety, environ. ahau be prepared pursuant to the procedures
~
9 se
______ _ ---- -_ _c n----
a l.89984 00NGRESSIONA1.. RECORD-3 ENATE July sep fag I
set tortMa this a eam and in eastlein 2005 appropetateithnolear Masse Reposttery Be. eerdanes with the Yules gf.the appropriate f
- pertaining to the pmperassen of "=ra"""*y vlow piamen..and a persed of forsy.69e days Bonse, and (3) e.conalderation of an-m. ~ Reperia....
of conunuone osesion or congram (a de. amendment int,od.oed by me,ma30,a, Sned in easteen SOS) ehall have elapsed. lander or his designee to taaert h phrue aspoorfoev seasspe itercate Sec. M (4) 'The Secretary shau-.
CongNes may by concurrent resoluuon "does not" in lieu of the word **does** 11 the 5
l (1) Et the eartteet feenible time prior to waive this MrtpAMy perlod.
resoluuon under consideration la a concur.
i the tubenisalon by any poderal agency or de.
_4L Rev5w PBoceDt'aea Pos rent molution of approval. the Tote on Anal l
partment to the Nuclear Angulatory Com.
aspoenoev osym.ornsesrv esposto approval of W resolutson chan occur.
i maaston of an appuestion for a license-to ' Soc. 908. (a) Not later -than forty.8ve d) Appeals from the d==tataaa of the Chair emplace signtaeant quantittee af high4evel days of continuous asesion after the date of relating to the applimelenet -the rules of or transuranic con'aminatad waste or opent transmittal to the Congrees of1 Repoettery the Senate or the Mouse of Representatives.
i nuclear fuel into a repository; or,
Development Report. the committese of the as the emme may be, to the procedure reist.
1 (3) in the event that such agency or do. Nouse of Representatives and of the Senate Ing to such a molution.4ha11 he decided '
4 partment le not required by Jew to obtain a to which euch Depository Development Re, without debate..
usense.from the 2suelear Regulatory Com. port la referrea chan submit a report to (g) por the purposas or this eeoison. aeon.
I asieston in order to empleos algniacant quan. their respective Rouse on their views and current resoluuon" semans anly a sonourtent
+
titles tf high. level or traneuranic contama.
r**a==aada'i-respecting such Repost. resolution, h matter after the resolvtag 4
j nated Euclear waste or apent nuclear fuel tory Developsnent Report together with a elause of which is as foltous' "That the Con.
Anto such repository. at the aaruest feealble -
u.
- t. resoluuon. as eennad.in sub. grues believen that the Repeestery Develop.
.t same prior to bee'aninf the==r1*aa===' af section (g); stating in' substance that the ment. Report==Wyystattag to 4he ;-
j etutt waste or spent muensar fuelinto such Congrees believen that the report susciently proposed development of,a twpository at-repository, addresses state and local concerns to permit within the state of transmitted to prepam a htory Leading Repost with the Secretary to apply to the Nuclear Regu. Congress by the Secretary of Energy.ca i
Hopect to such repeattery 1 story Commission for a license to construct 19 (as amended by the Secretary of Energy (b) 'The Repository M Report pre. auch repoestory, or if such a license is not on 19 ) does suSciently address State pared with respect to such repoeltory shall required by law, to proceed with construe. and local concerns to permit the Secretary j
contain the informauen required in the Be.
Mon of such repository. If any such commit. to apply to the Nuclear Regulatory Comunas.
poestory Development Report prepared with toe has not reported such a resolution at anon for a 11eense to sonstruct such repost.
the end of such forty. Ave. day period, such tory or, if such a 16mnae te not required by 7 P P
dated.
Re W
i committee shan be deemed to be diachaeged law, to partnit the Soc =etary to proceed such repository shalt idenufy any signiacant from further consideration of,such Repost. wt,th the construction 9f such repository.".
i diferences between the plans, descriptions, tory Development Report. If no such reso. the blank spaese therein betag appropriately l
and analyses contained therein and those lution has been sported at W and M such AM and th urt in pamntbnes being in.
presented in the Repository Development Re.
period, the $rst resolution as deAned in sub. cluded if the Secretary has amended the re.
f port prrpared with respect to such upoeltory, section (g) which is introduced within See port pursuant to subsection (b).
days thereafter within such House shan be (b) If the Congrees has not passed a con. -
I placed on the appropriate calendar of such current Tesolution in accordance with the the
- of co acted House.
ing th* couros of the construction of the M.
.prucedures desertbed in thle section within.
(b) The Secretary may* amend a Repost. sixty days of continuous seselon after the 1_
pository to the analyses of the anticipated
- tory Development Report to address any transmittal of the Repository Development enviroannantal, health. and safety impacts of auch ripository. If the foregoing information objection rataad to it by the secretary of the Report, such report shall be considered
(
1s contained in an application prepared by appropriate Review Panei during the Arst rejected.
the Secretary for a 11 cones from the Nuclear thirty dan of conunuous seeston after it is (t) For the purposes of tMs sectiep a
ReguMory Commission to load high level or submitted to the Congresa.
(1) continuity of session is broken only by transuranic contaminated weste or spent fuel sc) When the relevant eammittee or com. an adjournment of Congress eine die: and In cuch repository, then such appnestion may mittees have reported euch a resolution (or (2) the days on which either Rouse is i
sens as a aspository leading Report.
have been discharged from further consid. not in esselon because of an adjournment of eretion of a Repository Development Report more than three days to a der certain are l
(s) The secretary aban-.
pursuant to subsection (a)).or when a reso. emetuded in the computation of any period 1
(1) prepare the Repository leading Report lution has been introduced and placed on the of time in which Congrees is in continuous With respect to such repo61 tory in close co* appropriate calendar pursuant to subsection session.
3 operation with the Review Panel of the Stat *
(a) as the case may be, it is at any time
. (j) This section is enacted by Congress-j in which the repository is loosted and aba11 thereafter in order (even though a previ.
(1) as an exercise of the rulemaking power incorporate the elews of such Panel tato such cus mocon to the same egact has been dia. of the Senate and the House of Represents.
riport to the masimum estant feasible; agreed to) for any Member of the respec. tives. respectively, and as such they are j
(2) the Secretary aba!! also consult with tive House to move to proceed to the con. deemed a part of the rules of each House, j
ths Governor f or other sopmpriate State of. sideration of the reactution. The motion is res.eet19ely, but spelleable only with re.
Scials as speciSed by State law) of such ade highly privileged and is not debatable. The spect to the procedure to be followed in a
2 Jacent States as the Secretary determines motion.aha11 not be subject to amendment, that House in the case of resolutions de.
i may be directiv and subetantially afected by or to a monon to postpone, or to a motion scribed by subsection (g) of this section!
the loading of the repository described in the to proceed toJthe consideration of other bust, and they supersede other rules only to the J
Repository Loading Reoort and shall incor. ness. A Enotion to reconsider the vote by extent that they are inconsistent therew!th!
i porate the views of such offietals into the which the motion is agreed to, or disagreed and l
Raeoettory Loadtne Report to the marimum to, shau not be in order. If a motion to (1) with full recognition-of the consti.
l artent feasible; arid proceed to the constderation of the resolu. Str.ional right of either House to change the j
(3) upon completing such Repository 1 cad. tion is agreed to. the resolution shan re. N1es iso far as relating to the procedure of ing RJport. the Secretary tha11 solicit com. main the umfeed business of the respec. that Bouse) at any time, in the same man.
e ments on the report from-.
tive House until disposed of.
ner and to the same extent as in the case
( A,) the Review Panel.
(d) Debate on the resolution, and on su M
o de any M Devel.
(B) other !sterested States, including debatable motions and appeals in connection opment Report subnutted to the Congress
'speciacally the views of the Governor (or therewith, shan be limited to not more pursuant to this title, the Congress may othtr appropriate State ofEclals as may be than ten hours, which shall be divided obtain the views and commente of the Nu.
spectSed by State law) of other adjacent equally between individuale favoring and in*
clear Regulatory Coma.tadon on such tesort.
, States that the Secretary determines may be dividuals opposing the resolution. A mo* The provision of views by the Comminaion directly and substantially affected by the tion further to limit debate is in order and shall not be construed as binding the Com.
loading of the repository, not debatable. An amendment to a motion nuasion with reseect to any Doensing action (C) the public, to postpone, or a motion to recommit the pertaining to the repository which to the (D) the Council, and resolution, or a motion to proceed to the con
- subject of such Repository Development Re.
(E) the other Pederal agenctes and de.
sideration of other businese le not in ortier.
port.
pirtmints named in section 401.
A motion to ramalder the vote by which 33 Secretary shall allow a period of ninety the resolution is agreed to. or disagreed to NP of a Mh days for tiae receipt of such comments.
shall not be in order. No emendment to any' rus pursuant to this tm sW in no (d) he Secretary may not emplace alg. concurrent resolution pursuant to the pro.
way be considered as binding with respect niScant quantities of nuclear wastes or cedures of this section is in order except to an111 censing action of the Nuclear Regu.
spent stuelear fuel into any repository. un. as provided in subsection (c),
lator'y CoeMon pertaining M m repost.
tory whkh is the soWet of men ruolutMn.
less and until the Secretary shall have sub.
(e) launedtately following (1) the con.
(m) Por the purposes of this section a mitted to the Congrees a Repository Loading clusion of the debate on such concurrent revised Repository Development Report as Report prepared with respect to such repost. resolutaan. (2) a single quorum call at the set forth in section 903(f) (1) shall be deemed tory, together with the comments of the conclusion of debate it requested in ao.
to be a Repository Development Report.
+
y
+
-.- -.a n
. c.:: - -
4
,.m
..g eTuly n,1980 CONGRESSIONAL"1tFmRD4 SENATE t y. E ggs -
M *ereser,espemaan.s.aus.q,'..tg pakened$y the Geseenerand to serve et the. ton issue,-the:Semimaations I a geo. 900. (1) 3teskieg in this Aes shall af. pleasuesat the Gooernor.The consanlag Oo*
feet the autheetty of ther Nuetuar Regulatory crnor shali include.on the Panal individuans have'2sferred to raise marianarpeoblems tw====6en to usease and regulate hash, who are ioont government or Indian tribe from hro points of view. PfenNe point m
level or transuran6e contaminated waste or edDetals of the area 1 nder study bythe De, gg gw og g States,. there D 2e an.
spent nucle, fuel storas. and daposal p=an t - a p=mi. stu for th. propaed delytna enestkm of whether State ac.
pursuant to section 202 of the Energy Re. Mpoeltory and may melude-tions McCking a Federal wasteidisposal organtastion Act of 19% or byproduct, source. *- W other odbetals of the State's govern. Project are constif.utional.JIhe.gmat or special nuclear maternal pursiaans to eso, sment taetadas members of me state legis-likelihood is.that theyare not and that. '
tion sot (f) of each Act.
lature, and (b) Nemtas in this Act shnu ensaapt may (3) intensted restdants of the state, es* therefore in the end12ess.dorts.wul
.r....
yederal departemens or agency fmsa the re. sept that orch residents shan be selected not.give the States the pistention.they
+
a atson of a are hoping for. At the same time, how.
d (uJ,por the,Natannat Enetronmental
,to gum ever, t.hese State measures ennstempo.
,,p
,,,y othm, an this Act.hau.e.w. au. aium. dee.opment an. loadmg in-r
=ru, au me Fed,ai pmgr
.nd ma, thority of states to inspect nuclear factitues M warewernows or aBvInw rawsEA,;
force it into.reas of the country which as designated pursuant to State new purou.
.sg
,1008. (a) A Review Panet estabitahed may be less suitable for a maclear Waste i
ant to sectten 3're of the Atomic Energy Act-pursuant to meetion 2001 sha11 enter into an 'Mpository froen a technical
- standpoint
"(d) bothtag in th8s.Act is latended to agresmunt with the Ser:retary as spectaed la and may well m1 danger far Blore people grant any stano any authority with tempact amouon sol.and shall meet pgularty to m.
potentially than-the original test atte. At to the estang, dowaf or leadias of any view ourrent and pharose estions et the Do. the very:least,-State aforts tsimpede '
npository, escept as ar Maa"y provided partment with respect to the stung. construe. the Federal prograan* create grave un.
beretn.'
uon. and operauon of the nlevant proposed
' Int.E Z-ESTABNwVENT UmmERSEIP. repositories within the State for which the certainties which undermine pubHe can.-
AND yTNCTIONs OF NUCLEAR, WASTE Revtew Panel has been convened. Represent. $dence in the abiHty of the Federal Gov.
RErosrToar REVIEW PANEIA
- mt19m of the SecMtary shau mwt Mgululy ernment to get thejob done. -
- 2th th* R tew Panel to esplain the Depart.
ment's.acu"vtues and to obtaan the views of In contrast, the Percy-Olenn amend.
,,,,,,,,,,,,,es,,,,,,,,,,,oarros v ment provides a sure and certain mache.
,,g.,,,,,,g, the Panet thereon.,-
Sec. 2001. (a) Apr governmental organisa.
Rism for addressing the competing in.
(b)p) in accordance with its agreement terests of the States and the Federal y' establ s'd te to kg omnment whHe insuring these con.
, 3,,
p,,g ahau cooperate such State in its relations with the Federal Government concerning the siting..teveloP* with the secretary in the preparauen of a filets are resolved in an evenhanded ment, and loading of nuclear waste and spent Proposed site. Repository Development and equitable fashion. First. the amendment fuel repositortes shan be deemed to be a Nu' Repository Loading Reporu prepared pur, for the Arst time provides the States with clear waste Repository Review Panel for.th*
evant to secuene 902. 903. and 904.
. statutory rights to participate in the purposes of this Act. Procided. homeoer. That p) such memw Panel shan within nimen Federal (DOE) noclear waste repository days after receipt of such reports review the development program. Speci8cally, our such panel mus igude representation for health, safety, ocnomic and social issues amsndment requires DOE to consult and (b In the event tNat within one hundred and twenty 41ays after receipt by the Gover*
tory disc the d
hol 8
nor of a state of notismtion of the seen. pubile hearings on the reports in support of e MposW planning and develop.
such rettew.
ment process pursuant to individual tary's intenuon to study an area within such state s. a possible site for a nuclear waste
- 9) within ninen days after the memw State agreements which would explicitly or spent fuel repository, pursuant to sec. Panel receives any Proposed site. Reposttery spell out DOE's obligation to provide tion 901(a) such state shan not have estab* Development or aepository 1.osding Report. notiScation and relevant information usted by law a governmental body to re:e* the memDers of the Panel shan submit their and the States' opportunities to com.
sent the State as described in subsection (a)* comments on such report to the secretary ment on DOE activities
- the Governor of euch state shan establish a ior auhmhon to the Congress.
Second, as work toward the develop.
Nuclear' waste w y m tory Review Panet De PRESIDING OFFICER. There are ment of a repository continued, DOE is pursuant to section 1002.
1% hours on this amendment 45 min. required to Sie three key reports with (c) '2te requirements of title II concern
- utes to a side, tag the preparation of Proposed site. Repos!*
the Congress for review, each accom.
Mr. OLENN. Mr. President, as I stated, panied by State comments: One when Neport
$sub this amendment addresses a number of LOE selects a proposed repository site 8
a to the n-gress. and the prohibitions contained in title key issues not adequately addressed in.from f.mong alternatives. a Crucial event -
II on reporttery development and loading the pending legislation.
for the targeted State; one when DOE acttrities of the Ee:retary ensu not apply A matter of paramount importance to has completed its blueprint for the re.
with respect to any npository in a State any successful national nuclear waste pository-when it is ready to apply for unless a Baview Panel shau have been es*
disposal progra:n, and which is the cen. a license from the Nuclear Regulatory tabushed in such state pursuant to this section.
tral focus of our amendment,is the role Commission; and a third when repos!.
that States and localities are to have in tory loading is about to commence. The ro)
Pederal nuclear waste repository plan. reports would be made up of documents to et on if )
t r oa reposttery stting, develepment, and toading ning and development. Because of the which DOE is already required to pre.
activities in a state shan continue to func. unfortunate history of State-Federal re. pare: little, if any, new documentation tion untti-lations in this area, States today view would be necessitated.
(1) the secretary formany nottaes the R*-
Federal nuclear waste programs with The key feature of the Percy-Olen6 view Panel that the Federal Ooternment no tonger intends to site, develop, or load a re*
extreme distrust and many States have amendment is the congressional review pository in such state; taken action. in fact, to block any Ped. and approval process for the second of eral activities within their borders these reports, the " Repository Develop.
vie P nel h t Re ry gR which might lead to the development ment Report." Under our agreement, a prepared with roepect to such repository has of permanent nuclear waste disposal repository cannot proceed until, after been submitted to the congress pursuant to facilities.
considering this report and the concerns seetton pos. and the chairman of the Panet In many instances. State opposition of affected States, both Houses of Con.
thereafter declares the Panel to be ad-has resulted in the passage of State laws tress pass a concurrent resolution stat.
Journed; or prohibiting the storage or disposal of ing that the repository proposal has ad.
(3) such time as may be provided by th*
laws of the state establishing the Review nuclear wastes outright or subjecting dressed State corcerns suSciently to
- 1-any future repository proposal to veto by permit the proposal to be flied with the the St. ate legislature: in other cases, NRC for licensing. or to permit con-Sec. "10o2. A Review Panel convened pe-States have strnply told the Federal Gov. struction if no license is required suant to section 1001(b) shall consist of-ernment to keep out precluding even a proposed repository is frozen until geologic screening activities.
State grievances-including such mat.
na t$fe
'of While there is ample cause for State ters as impact assistampayments in wh sh a a
and concern in light of the Federal Gov. lieu of taxes, and transport safety are (2) seven additional individuals from the ernment's minimmt efforts in the past to examined by Congress under procedural i
state of the eonvening Governor to be ap. consult with the States on this highly safeguards which give the State every l
a
--.___s.., _ _
.m
- ~. - - - - - - - ~
~ ~ = ~ = ~ ~ =
gC S 9986
.. CONGRESSIONAL RECORD-SENATE w.
July SB,.1930,1 7
advantage in making' its case because garded by key environmental crganies-Mr. President, as the Senate begins its I" both Hruses have to be convinced that ' tions, and addresses major concerns of dibste today on the nrst major legisla. "
these concerns are fairly addreened be-the nuclear industry by establishing tion we have ever addressed to deal with.
fore the project can be continued.
clear meh-for resolving State the crucial national issue of nuclear v i
At the same time, however, the two-and 1%deral diferences on this extremely House resolution provides a preestab-controversial issue. The Percy-Glenn waste management, there is one word which we must keep in mind at all times, lished mehaMam for Congress to assert amendment is the only " State participt-one which we must never forget. That.
the national interest in having the re-tion" proposal to have t.his broad ac-word is responsibuity.
pository go forward..if necessary. Con-ceptance.
4
- It is of the utmost importance that.
gross would have 60 days to consider the ours raamroes cowwcn.
the Senate be ready to make some hard '
resolution, under expedited proceduns.
As an additional mechanism for in-decisions now concerning bow. when, and '
and DOE could amend the report for the suring adequate consideration of State where 7,100 metric tons of highly-radio-Ant 30 days, to include adjustments ne-concerns, the amendment would estab. active nuclear waste wul be disposed of.
gotiated with Congress and the relevant lish by sthtute the advisory State Plan-.We have been creating nuclear waste in 4
Etate.)
The Srst (" proposed site") and third ning Council on Nuclear Wast Manage. this country for 37 years, and we should ment set up by the President in February have thought long and hard about this -
(" repository loading") zeports would lay through an Executive onier. The Presi-issue from the nrst moment.
over for 45 days before the appropriate dent took this action in response to a Should spent fuel storage be a Federal l
congressional committees. This lay-recommendation of the Interagency Re-respons!!1lity, a utuity responsibuity, or both? Is!
I ' '
ever" would permit resiew of the DOE view Group on Radioactive-Waste Man-salt an adequate medium for decision involved. consideration of State agement, a Federal task force which had geologic disposal, or should.others be i
views, and the opportunity for negoti-just cornpleted an indepth year long considered too? Is a geologic medium eted adjustments, but no speciSc con-review of Federal programs in this area. really the best method for removing nu-gressional action would be needed for At that time, the President also rec-clear waste safely and permanently from the project to proceed.
ommended the enactment of legislation our midst? Last but not least, how should States would be represented in their to give the Council a more permanent the Federal Government work utth S*4te i
dealings with DOE by " Repository Re-and solid basis and at its first meeting, and local governments. Indian tribes, and' l
view Panels. whose membership and the Council adopted the legislative lan-common citizens, to develop waste dis-voting rules, and so forth, would be es-guage which is now the text of this por-posal plans which have the trust of those tablished by State law to allow for State-tion of the amendment. The Council will afected by them.
l by State variations. A number of States be advisory. only. and rul have a 10-year All these should have been paramount J
(
have already established nuclear waste life. It win provide an important and considerations when America embarked c'immittees or task forces of the kind visible mechanism for States and locali-on her nuclear age. But they were not.
which would be deemed to be Repository ties at large, to participate in all major Tragically. Mr. President. since its l
Review Panels for the purposes of the facets of Federal nuclear waste policy earliest work *1th research nuclear reac-cmendment. (If no State law were en-making and planning acth1 ties.
acted within 4 months, the amendment tors the Federal Government's manage-
[
xAvrewas.wecizAs wasrc usactumf ri.4x ment or radioactive wastes has been speciSes the memberchip of the panel.
The second major area addressed by characterised by an unbroken strmg cf l
with the Governor of the afected State the Percy-Glenn amendment concerns miscalculations over the scientiac and i
to be the chairman.)
l The prospect of congressional review. the need for improved integration and institutional strategy necessary for an cocrdination of the nuclear waste re-acceptable, and an accepted plan for nu.
l l
T would add, means that DOE from the lated activities of numerous Ftderal clear waste disposal. In part because the i
outset win have some very strong incen. agencies, including DOE. EPA. DOI. costs and risks associated 51th radioac-l tives to accept State suggestions for mod-DOT. and the NRC. and the need to give tive waste. management were.often i
ifying the repository development pro-the public clear guidance on the prog-viewed as insigni$ cant. When compared
{
posal as it evolves. Moreover, the ress and direction of Federal nuclear to the other costs of nuclear power. Fed. '
amendment would require, as a matter of waste management eforts.
eral iunding ior research into the opti-l law. that DOE incorporate State views The amendment required DOE (in mum means of disposing of nuclear waste in the reposito y proposal to the maxi-consultation uith other interested agen-was wheHy inadequate for the amount of i
l mum extent feasible, cles) to prepare an annual nbelear waste nuclear growth we were experiencing.
i l
The amendment also requires that in management plan for fiscal years 1982 Just as tragicany. Federal funding to de-the repository development process, at-86/ Diferences in agency views would velop a program of cooperation with i
i tention be given to such matters as Fed-be resolved by the President. Af ter the State and local governments that might l
eral payments in lieu of taxes. and other first year, an update could be prepared sin their tmst it waste management
)
I j
ways of snitigating the overan costs of instead of a complete plan. The plan planning was nil.
the repository to the State involved. would include clear timetables not only Today,7.700 tons of spent reactor fuel.
j This would be a matter for negotiation for DOE's R. k D. activities, but also 10 miHion gaDons of high-level radioac.
I and discussion during the course of pre-for needed regulatory actions by other tive muitary waste, and 69 mulion cubic paring the repository development re-agencies. None of the now pending legis-feet of low level nuclear waste are scat-I port as reli as during congressional re-lative initiatives addresses the problem tered in storage pools and shaHow dirt i
view..Indeed. one of the virtues of the of Government-wide coordination in pits all across America. And we stiH have congressional review process is that as-this fashion..I believe these initiatives no assured medium for long term dis-l l
'pects of any repository development pro. win make an extremely important con-posal.
I posal requiring the expenditure of Fed-tribution to improving the acceptability What may be even worse, however, is l
eral funds, say for improving transpor-and management of our national eforts that we have almost no pub 11e trust the j
tation links or for providing economic aJ-to dispose of these high toxic byprod-one ingredient history has shown we are sistance of one type or another could ucts of our national nuclear program, going to need to gain acceptance for be taken into account and resected in Mr. President. I yield the floor.
waste management decisions, once they the final repository development report The PRESIDING OFFICER. Who are made. One infamous example gives that Congress might approve. In efect, yields time?
evidence why this is so.
an approval of this kind would be a good Mr. PERCY. Does' the Senator from In 1970. the old Atomic Energy Com-I 1
(
faith 00mmitment on the part of the Ohio have time to yield?
mission decided on its own to tab Ccngress to provide the necessary funds Mr. GLENN. Yes, I Seld time to the 1
in subsequent authorizations and appro. Senator from I1Hnois, Lyons. Kans., as the site for the Nation's first pilot nuclear waste dump. Based on priations.
The PRESIDING OFTICER.The Sen-preuminary research and its instinct This proposal has been carefully re-ator from Illinois, that the deep salt mines in Lyons would fined over the past 18 months and now Mr. PERCY. Mr. President. I rise to his the support of the National Gov-support an amendment on behalf of Sen-be ideal for long-term radioactive waste s
storage two AEC representatives visited grnor's Association and the National stor Gttrot and myself, to S. 2189 the the then-Governor of Kansas. Robert Association of Counties is favorab'ly re. Nuclear Waste Policy Act
],,
pocking. and essentially told him that
. y - --
- Tuh i8,1980 CONGRESSIONAL RECORD 2-SENATE S 99d iyor.s h'ad been chosen to receive tiuclear sented to the Wuclear Regulatory Com-repositerT to proceed to the NRC Tor I
waste; his task, they implied, was to pre-mission for licensing.
~
licensing. Both Hottses would have to be j'
pare the people of nansas for the fait I feel strongly that such a balance assured that the plan prepared by DOE exists in the Percy-Glenn amendment I was sensitive enough to any number d!
l cecoropli.
It cas only later--after geologic tests now introduce. Since its creation as S.
State cencerns--. transportation hazards.
viere urged by the head of Icemam' State 742-the Nuclear Waste Manasement impact as.tistance, ennrenmental haz-
'., 3 Gei!0gical Society-that these sup. Reorganlastion Act-March
- 1979, our ards. Should only one House be satissed posedly impervious solid salt mines were proposal has gained the support of the that DOE has done its job, the repository j
sh:wn to be porous and fractured, and National Governors' Association. It has plan goes back to the dmwing board for prime candidates fcr water leaching gained the support of the National Asso-turther work.
Clation of Counties. It is favorably re-I am Confident. Mr. President, that this within a few short years.
In this pathetic, hapless example, the garded by the Environmental Policy Cen-two-House apprtnal process is a rerpon.
2 Federal Government failed to see that ter and the Sie;ra Club. In fact. I am sible and workable formula for balanc-l f;
local cuthorities had to be intricately in, pleased to say in the same breath that ing the concerns of State governments l
this amendment ha.s been~ commended w2th the need for a national nuclear volved in geologic review-not only to Trin local support for Federal nuclear by the American Nuclear Energy Coun-waste disposal solution. The Senaie s
cil for its approach to resolving the very, should not be led to believe that this l
waste management plans. but also to educate the Federal ef5cials themselves very.dif5 cult process-of Federal-State Percy Clenn amendment gives an undue interaction. Our proposal. I am con-edge to State governmenta.. that it about areas that are often remote and vinced. ofers a process for State partici-amounts to a State veto after an. Bear unknewn to them. Since that time, an pation that is sensitive, and sensible.
in mind exactly wlJ lectslation is being ever-increasing number of States have The Percy-Glenn approach,first of an. considered to guarantee States a role in decided that the Federal Government lestslates creation of the State Planning repository p?ne*g in the first place:
has no business mandating them to re-Council en Nuclear Waste Management It is si= ply and purely because of past ceive nuclear waste from around the which President Carter created by Ex. negligence by the Federal Government natien. At last count.13* States had en, ecutive order last February. The Council in net taking State perspectives into ade-acted les'islatics prohibiting the creation would be advisory, with a 10 year life, cuate account. It is paramount that the i
of nuclear waste repositories within their and wculd provide an important mech. responsibility be placed on the shoulders borders: in other words a State veto anism for States and localities to work cf DOE this time. to persuade Congress I af"rm that there is a nuclear waste with DOE and other agencies in au major that it has. once and for an. taken State 4,]
management crisis today, but it is not facets of nations.1 nuclear ra.ste policy-views into account. State oscials and the 3 -
just a technical one. It is an institutional making.
entire Nation are owed nothing less. The a.
one. As Gus Speth of the President's Second. our amendment requires DOE process contained in this amendment wiu CouncQ on Environmental Quahty has to work with the State Planning Coun-not be and should not be, an easy one for stated *
. cil, the EnMronmental Protection DOE to satisfy. Yet, if the agency is acceY: t e t$ty Agency. the Department of Interter. the serious about developing a credible and 1
oe Department of Transpertation, and accepted nuclear ws.ste strategy. it ta
.n
- hu ensuet it wm ne: be enough to dertse other interested and afected Pederal shculd be eager to accept this duty, a ;rce-am stat ecuid be crec:tle under other agencies to develop an annual nuclear Since then. Senator Jachsen has en-circu=stences.
wr.ste management plan fer fiscal years gaged also in very sericus consultations i
We sing,ly cannot EUow the heavy-1982-86. The plan, it is hexd. can with Senator GLtyw and myself and handedness of the DOE and its predeces-serve as a general bluepr.nt for national other interested Senatcrs. Our exchange ser agencies to contmue-it cannot be e5crts to create a viable and accepted of views. I think. has helped bring us
}'
111 cried to make waste management po!* strategy fcr waste dis;csal. Diferences much closer together.
icy alene. But neither can we accept the in agency views would be resolved by the Lit. President. from the start S. 742-i concept of a State veto: the way to ccm-President.
our amendment.--has been a diferent bat c.n irrespcnsible Federal policy is not Third. and most importantly. cur kind of nuclear waste bin. Senator GLENN I
to stitute r&n equally irresponsible amendment requires DOE to censult and and I made the decision long e.go not to
~
State-preemptien poucy.
coeperate with State c5cirds whenever address some of the more techn.icalissues
...r. President. I fer cne am ccnvinced a site a1 thin their borders is being con-in nuclear waste policymaking which l
that if State governments are given un-sidered for repository planning. DOE and m!sht not be immediately resolvable. To
.:mited veto power crer repositcries a potential host State would enter into these issues. cut s.mendment is funy planned within their bctders, they win a preefse agreement en the nature of adap*ab;e.
exercise that power every time. regard
- their consultation cooperation-the We have focused exclusively in de-l less c! the mer:ts cf a p!an. Public anx-agreement would specifv. for example, veloping a balanced process for Federal.
lety about the pretlem is that great. As procedures by which DOE would receive State interaction-and af ter 2 years of
[l cne witness, a State legislator ficm and rescend to the ec==ents and rec-shaping this bill repeatedly. through h!aryland, tr.,ld Senator GLtNN and my* ommendatiens of a State.
numercus consultations with the nuclear self during hearings en S. 7(2. the bill The Percy-Glenn amendment requires industry, envircnmentalists, and State b-from which this amendment is taken to DOE to fue three key reports with Con-and local groups. I feel we have an ap-
! [
do anything else would be " political gress en the status of its site investiga. preach to this problem which deserves suicide.
tions. Each report would be accc=panied the support of the Senate.
l We must realize that, while States are by the complete ecmments of the poten-The Glenn-Percy amendment does not entitled to an ongoing role in repositorT tal host State, as wen as the comments try to place techrJeal findings about a 1
development, ultimate centrol over the of adjacent and interested States, agen-repository plan's merits in the hands of l
j siting of nuclear waste repositories has cies, and the public. Purther. each report a:J agency besides the NRC. Rather to remain in the hands of the Federal would come at the three events in re-we give Congress the tntegral role it
'. Government preferably the Ccngress. pository planning that State and local deserves in seeing that State and local which is uniquely positioned to address authcrities have told us are the most im. concerns are e.ddressed Mth thorough-State rights in a national context. We portant ones from their perspectives: ness and sensitivity by the DOE through must realize that what is needed is When DOE has selected a site for the all events leading to NRC licensing. If re i
neither an outright State veto ner Fed
- facility, among its many alternatives can do this much before completing eral tyranny, but a middle ground - when DOE has c'tenpleted its blueprint action on this legislation, we wiu have one which secures certain meaningful for the f acinty: and when DOE is ready made a major and outstanding forward participatory rights in advance for State to load the facility Mth radioactive stride.
and local ef".cials, while insuring that wastes.
I urge the Senate to adopt the Glenn-competent repository plans can be pre.
In fact during the most important Percy amendment to S. 2189.
i
- connecticut. Maine. New Hampshire, event in repository planning-the ccm-hir. GI. INN. hir. President. I appreci-l Alsska. New Mexico. North Dakota. Mabama, pletion of the f acility blueprtnt.--the ate very much the remarks of the dis-5 Loutaiena. Minnesota. Montana, oregon. Percy-Glenn amendment requires an tinguished Senator from Illinois. He scuth Dakota. Michigan.
afirmative vote by both Houses for the worked on this bin for 3 lcng years that I-F
.g.
'.i.
l
~ s.MS8 CONGRESSIONAL RECORD-SENATE '
July n, IssoQ
{
I am aware of that we have worked on Mr. President.Ihave heard from hun. MOTION 'IV 00 INTO EEECUTIV i
- it mutunuy. The moeungs w3 had this dreds gf my constituents in south Mis.
SESSION morning with other interested Senatore missippi who are extremely concerned resulted in a stat meeting being held at that the Ptderal Government is un!.
Mr. ROBERT C. BTRD. Mr. President.
the present time to work out some of the lateraHy going to force this nuclear I ask "nnnimaus consent that the Senate areas oT disagreement which I hope wiu waste on them. Unless we give them a to ink executin session to consider the.
be areas of minor disagreement. ' Itis real chance to let their view be known-nomination of Mr. Don Alan Zimmerman meeting is under way right now, and I which this amendment wiu do-we win to be a snember of the National Iabor hope that we are able to bring that new create more problems than we win solve. Relations Board.
version of the amendment out on the This is a moderate amendment.It cuts Mr. "M Mr. President. I ' object. -
Coor later this afternoon, a good, sound middle ground in an area The PRESIDING OMCER. De ob.
Mr. President. I reserve the remainder loaded with dif5 cult choices. I hope that jection is heard.
1 cf my time.
~ the Senate wiu pass it.
Mr. ROBERT C. BTRD. Mr. President.
I suggest the absence of a quorum.
Mr. COCERAN. Mr. President. I sug. I mMe that the Senate 30 into executive
' The PRESIDING OFFICER (Mr. Her. gest the absence of a quorum.
session to consider.the nomination of arx). On whose time?
~
wiu call the rou.
Mr. "M Mr. President. I suggest The PRESIDING OmCER.The clerk Mr. Don Alan Zimmerman..
Mr. OLENN. Mr. President. I ask i
unanimous consent that it be on the The b1R clerk proceeded to call the the absence of a quorum.
time on the blu to be sput evenly on au roll.
The PRESIDING OmCER.The clerk '
the time on the bin.
Mr. ROBERT C. BTRD. Mr. President. 'IU **U th' FOU-i The PRESIDING OmCER. Without I ask unanimous consent that the order The assistant legislative clerk pro.
gbjection it is so ordered.
for the quorum can be rescinded.
coeded to can the rou, and the fonowing The clerk win can the rou.
The PRESIDING OFTICER (Mr. Senators entered the Chamber and "4
The biH clerk proceeded to can the Moaca). Without objection. It is so answered k their names.
r:11.
ordered.
3 Mr. COCERAN. Mr. President. I ask (Quorum No.1214g.)
unanimous consent that the order for the Br"rt.
Johnstoa
- thurmond i
quorum can be rescinded.
BUDGET ACT WAIVER mom'#* #'
M'a" The PRESIDING OmCER. Without Mr. ROBERT C. BTRD. Mr. President.
The PRESIDING OFFICER. A quorum gbjection. It is so ordered.
I have cleared with Mr. Errvrws the act. is not present. The clerk win cad the Mr. COCERAN. Mr. President. I rise ing Republican leader, the fonoring re. names of the absent Senators.
in support of the amendment ofered by quest:
The assistant legislative clerk resumed Senator PracY and Senator Ot.tww. I am Mr. President. I ask unanimous con. the can of the role.
in favor of giung States a more mean, sent that the Senate proceed to the con.
Mr.
4 ingful role in determining where to 10 sideration of Caltadar Order No. 949, S.
I mov, ROBERT C.BTRD.Mr. President.
1 cate waste materials.
Res. 467.
e that the Sergeant at Arms be One of the key issues involved in the The PRESIDING OmCER. The res. instructed to direct the attendance of I
absent Senators.
i entire question of nuclear waste is the clution wiu be stated by title.
Mr. HELMS. I ask for the yeas and I
4
' role the States w!U play in deterrnining The assistant legislative clerk read as nays. Mr. President.
the location of waste materials. I believe foUows:
The PRESIDING OFFICER. Is there i
the amendment offered addresses the is.
A resolution (s. Res. 467) watring section a su5cient second? There is a suScient sue in an appropriate way, and I am 402(a) of the congressionai sudget Act with second.
i
- pleased to support it M8 Met W th* Cc2518"auen Cf 8 218h a bal The yeas and nays were ordered" T I
Perhaps the most s!gnificant study on
[t an n c ear"p n hQ The PRESIDING OFFICER.
rom et this question is the interagency review cirulan actiettles, anc for other purposes question is on agreeing to the motion of group report on nuclear waste manage.
the Senator from West Virginik. The i
ment issued in March 1979. In the dis.
The PRESIDING OPTICER. Is there.
yens and nays have been ordered and the i
cussion of potential repository sites, af ter objection to the request of the Senator clerk rin can the rou.
I stating that we have the technology to from West Virginia?
The assistant legislative clerk caUed -
identify potential sites "for further in.
There being no objection, the Senate the roll.
vestigation." the report goes on to say; proceeded to consider the resolution.
i' neuance on conservattre praeuces and The PRESIDING OmCER.The ques
- Mr. CRANSTON. I announce that i
mu:t:ple independent barriers can reduce tion is on agreeing to the resolution.
the Senator from Indiana (Mr. BATM) i seme risks and compensate for some uncer.
The resolution (S. Res. 467) was agreed the Senator from Idaho (Mr. Cxemen)'
tatnues. Howerer. even at the time of decom. to. as fonows:
the Senator from Massachusetts (Mr tr.lssiccing, some uncertainty about repost.
Resolved. That pursuant to section 4o2fe) g.,), g gg g
tory performance wu! stiu extst. Thus, tn of the Congressional Budget Act of leM. the ( M y, Lggg y)* the gengggy g7O D SEI3" sceitten to technical evaluatics, a soeletal provisions of secuen 402(a) of such Act are 8!pNl (MI STENW s), the Senator from i
Juegment that consteers the letet cf risa and waived with respect to the considerauen of Alabama ('Mr. StrWAnt), and the Sena.
the assocated uncertainty win be necessary. s. 2189, such watrer ts necessary because s.
tor from Georgia (Mr. TAT.MADet) are a
2189 authorizes appropriations for the arcal necessarily absent.
uYg$e aIe It give; year 1H but ras up rted atter my ls.1sts.
c!e be Mr. STEVENS. I announce that the Congress oversight ability, on a site.by.
Mr. ROBERT C. BTRD. Mr. President. Senator from Colorado (Mr. Ar.u.
}
alte basis, to examine the technical and I move to reconsider the vote by which simoxc), the Senator from Tennessee societal iactors involved. It gives the the resolution was agreed to. Mr. Prest. (Mr. BAxrn), the Senator frcm New Ycrk States a chance to let their views be dent. I move to lay that motion on the (MF JAvrrs), the Senator from Mary.
known, and it caHs for meaningful con. table.
. land (Mr. MArHIAs), and the Sengtcr sultation between Federal and State cS.
The motion to lay on the table was from Texas (Mr. Towrn) are necessarily 1
c!als.
agreed to, absent.
4 The argument is made against this Mr. ROBERT C. BTRD Mr. President, The PRESIDING OFFICER. Are there
- emendment and other amendments that I suggest the absence of a quorma, any other Senators in the Chamber who would give the States a meaningful role that we are running out of room and The PRESIDING OmCER. The clerk wish to vote?
g time and we cannot afford to delay any win call the rou.
The result was announced-yens 86, 1:nger. Mr. President. I disagree. We The biU clerk proceeded to can the rou. nays 2. as foUows:
have known about this problem for over Mr. ROBERT C. BTRD. Mr. President.
[
,,. sie 14g.}
}
30 years. Surely prudence and caution I ask tmanimous consent that the order TEAS.-Ge i
dictate that we not rush into potentially for the quorum call be rescinded, naucus moren n uretcz 1
disastrous action just so we can say The PRESIDING OmCER. Without $N"tE
$*ra** der *
' #"' rr FJr t
that we have done something.
objection, it is so ordered.
nar asoan aumpas arrs,aoberd.
D i
e e.
.c vm--
--4e,-
.---r--
m-r
mj
'. s
-S10000 CONGRESSIONAL RECORD-SENATE July 28, Isadid
,~
.g
. rengas es the seater et our asp 1hussa phi
- ruclear waste bH1 shortly. Wruld the th3 anain players in th3 Senate en t2dC lenophy.
... 'tw these Demeerste who say Amartenas Senator ylfd shirtly so that I may g3 quesuon of Etate consultauen and con-L back into legislative session and return curance, and we now have a joint esen,
must be eestant to passteely assept the gradual Dut inesorable decline of to the nuclest waste bul? Senators who promise amendment. Mr. President.'
. Were workMg on me nuclear waste b1H Which I QMk au Senators of almost aH
""**MYtat7and r 4
I
' needed some time this afternoon in Senators w1H And to be acceptahle and g,
ur or renuse *be aesompeaats and dreams which to work out some problems in con-constructive.
that emy troedosa esa taspire.
nection with the so caHed Glenn amend-It is.a proper ha1== between the
're those Democrate who say we face na ment, at)d I understand they am about need for the Federal Government to lo-
" age of umsta." we angt trho taows the unit to what Americans can do when their espee-ready now to resume on that amendment, cate proper repositories, the need for the sty sor work. ereautely, optimtem, and Innh so I Want to go back to legislative ses=
- State to be involved at aH stages in that q
is ensanced and supported by otrong and re. sion. I tmderstand they are ready at this process, and the national interests fully a-amou==-=> -
time if the Senator will yield for thag. to be protected, with particular protec-Mr. PERCY. Mr. President. I support uen respectm, me guesuon of as sto,-
,u,,o,s.
the na.emmetan of Don A. Zimmerman Mr. EUMPHREY. I do yield for that an of military transuranic wastes, purpose.
Mr. President, what this amendment to be a member of the National IAbor
. Relations Board.
Mr. ROBERT C. BTRD. I thank the does is we take the Glenn amendment.
disunguished Senator.
and provide that. Arst..the Secretary Although I am not.a member of the Committee on labor and Human Re-shan identify potential acceptable sites sources, which considered the nomma.
I.EGISLATIVE SESSION for a repository, including a test pro-tion. I have examined the record of its posal for high-level transuranic wastes.
praad"= on the nomination. I have Mr. ROBERT C. BTRD.Mr. President Within 90 days after that iden". Sca-concluded-.-as did the committee by I ask unantmous consent that the Sen; n.
Secntary shan notify the h att return to legislative session (, Without om of h W.slatun and the Man unanimous vote of I2 to G that Mr.
The PRESIDDiG OFFICE 1 e potentiaur acceptable sites.
Zimmerman 1s highly quanSed to sem in the posiuon to which he has been objection. itis so ordered.
Then each aHected State and Indian nominated.
tribe notised shah have the right to i
r-*
exec:ttive branch at the OSce of Man '. NUCI. EAR WASTE POI.ICT ACT -
participate in the process of consulta-Mr. Zimmerman's experience in the tion and concurrence.
1 asement ud Budget: in the private sec.
The PRESIIEG OFFICER. The clerk Based on public health and safety tor os counsel to the trustees of the Penn will state the pending business by title. ccncerns in su States of planning, sit-
. Central Railroad and, most recently as The assistant legMatin clerk read ing, development, co*.struccon and oper-counsel to Republican Inembers of the sa foHows.
ation of the repository, the Secretary is Human Resources Committee give him A wa (s. 21ss) to estabush a program for authorized and directed promptly to -
the well rounded perspective we should Neral owsee of spent fuel from carman enter into negotiations with each repost-tory review pa.nel, which is described in
. look for in nominees to Federal agencies. pon,"#"g7tN"[*j,,'**[ror
{
the Olenn amendment, to establish a Of greatest importance in my own g
posal of nuclear waste trom ettman acttrs. cooperaun agnement m2 h uposi-decision were two factors: H M very thorough knowledge of this country's. stes.and for other purposes.
tory teview panel.
1r.bor laws and his experience in the pri-The Senate contbued with the con-view puel, as stated in the OlensI znig rate sector. His service to the Penn Cen-sideration of the bill.
tral Rt.ilroad involved h!m in the labor-Mr. JOHNSTON. Mr. President, an amendment, inchdes the Governor and management issues of that company at a amendment shortly wiu be ofered on be-an additional seven me=bers identited most dia"eult period-during its reorga-half of myself. Mr. JacxsoN. Mr. Cutmer, by him which may include members of nimtion. Eis knowledge of labor law Mr. McCatmr. Mr. DourxIcz. and Messrs-the State legishture or other parties has been tried and tested by my stag Gerxx and Praer which is a co= premise identiSed in that detnition.
during the last few years, and I have amendment dealbg with the question cf The repository review panel shat then every conadence in his con:petence to State participation and State ccacur-get together Mth the Secretary and ha.ndle co= plex Questions in this very rence.
ccnfect an agreement which is caued a C
ccmplicated Seld of law.
One of the most d1*icult questions in-Cooperative agreement, which shall be I am satisfied that Mr. Zimmerman volving the location of a repository for designed to provide for the sharing of understands funy the need to balance high level nuclear wastes has been the su technical and Heensbg information.
1 the competing interests of labor and question of how you involve the State in the utilizatics cf available expertise, management. In the last few years, we the process in a meanbgful way in crder the facilitating of permittbg proce.
have seen increased polarization of labcr fuuy to protect their interest in health dures, joint project review and the for-muistion of joint surve21ance and and management on a wide range of and safety, their sensihiuties about loca-issues. I believe that experience in the tion, the question of impact, economic. monitoring arrangements to carry out legis1stive process shan prove to be ex-social, health, and safety impacu. of 2e the appucable Federal and State laws, ceUent training for developing reason. location cf that repository, so that it is envisioned here that able solutions to the dif5 cult problems A number of diferent approaches were when the panel is created, they shan facing the NLRB in the years ahead, suggested. Senator Jacxsow had one par-come up with a cooperative agreement and for resolving conflets between com. ticular approach which provided for the which shan then beccme the agreement peting interests.
State to be involved. If the State ob-under which they proceed to provide for For these reasons. I shan tote to con-jected. the process would cease subject to the fuU range of sharing of inferma.
firm Mr. Zimmerman's nomination and an override by the President. who would tion. utilization cLexpertise, and so forth.
urge my coueagues to jcin me in that have to declare it to be,a matter of na.
The cooperative agreement shau also vote.
tional concern, provide procedures for tb aegotiating Mr.h0EERT C. BYRD. Mr. President, Senator Donotxrcr. who has long been and resolving of objectivns by the re.
- win the Senator yield for a question?
a leader in this matter, had a diferent pository review panel in each stage or Mr. EUMPEREY. Yes, I would be approach invoir.ng State concurrence in any stage of the planning, sitbg' happy to yield provided, on resuming and consultation, development, construction, cr operation the Soor. It is a question and it is not of the facihty, with the proviso that the a second speech.
Senators Otrww and Pracy had a very agreement shall not afest the Nuclear detaued and coristructive procedure set Regulatory Commission's authority on Mr. ROBERT C. BYRD. It is a ques.
tion so it could not be.-
forth providing for the creation of re-existing law, pository review panels. Stiu other Sen-stors had other approaches.
By this we mean if, for exa2nple, the repository review panel and the Secre-ORDER OF BUSINESS As the Glenn amendment was being tary were at odds on the public health laid down this morning we went into and safety impucations ci a particular Mr. ROBERT C. BTRD. Mr. President, consultation into a process of consulta-design of the whole repository o it would be my desire to go back to the tion and concurrence,Iraight say, with subsystem of the repository, then they e
-e-
,n.
.,,,m---
.-m
.-,.v-n-a
y
-.Tuly *B,1980 ICONGRESSIONAL RECORD-SENATE SiO001 p
. es.n provid) procedures which might matter of national security, would sub=1t ment.and we will expedit4 things. Sena.
F includ) informal arbitration, or it might the report to the Congress and then the tors can make ttatements on the hiH or E
.l incluce.the bringtng in of experts with veto would require. in erect. a two-House on the awment itself, and then the h
o view to have those experts participate veto. In other words, both Houses would amendment can be ocered at a Ja24r I
in the resolution of that question.
have to adopt a resolution al=ilar to the time. I hope the Senator from Louisiana f,5 '
I I might add. Mr. President, that this one which I just described, stating that MH be agreeable to that.
I 4
~
tras a procedure, a very constructive the repositcry development report does Win the Senator yield?
on2. suggested by the distinguished Sen-not suficient.ly address State a.nd local Mr. JOHNSTON. I yield.
ttor itom New Mexico (Mr. Douaxzc2) cencerns to permit the Secretary to ap-Mr. McCLURE. hit. President. I yield I
L uho, with the experience of the WIPP ply ior a license or if a license is not myself such time as I may consume on facinty in New Mexico, suggested that required, to proceed with constmetion the bill.
f we put in this procedure to provide for of the repository.
Mr. President. I have listened care-1
't infIrmal arbitration. caning in of ex-We also provide. Mr. President, that fully to the presentatAon made by the perts, or the seeking of expertise beyond within the fiz:st 30 days the application is Senator from 1.cuisiana. As usual, it is th) Secretary and the review panel, amendable while it is lying before the thorough and accurate. I want to under.
Mr. President, we make clear that the Congress, the reason for that being that score that this compromise, which has process of consultation and concurrence there may be ongoing negotiations with been worked out this afternoon is reany means a methodolog'y by which the Sec-the repository review panel which would the culmination of not just the hours or retary crst keeps the repository review possibly remove some objections during weeks or months but literaHy years of i
panel funy a.nd currently informed about that !!rst 30-day period.
discussion of this subject matter. It in-e the aspects of the project related to any We also provide for the usual expedited volves not only the Energy and Natural I
potential impact on health and safety treatment of that resolution, in e ect. Resources Comittee, but a.lso the eforts that he solicits, receives, a.nd evaluates that reto resolution, so that either House of the Environment and PubHe Works concerning objections of the review of Congress win have the ability to get Committee which has spent a great deal panel with regard to such aspect of the the matter up on the Soor by d.ischarge of time with respect to this legislation cngoing projects, and that he works dili-of the com=.ittee, if necessary. In s.ny and this subject matter, and have last gently and cooperatively to resolve such event, under the usual expedited pro-week reported their own leg slation with cincerns and objections.
cedures they would be able to bring the regard to the subject matter. So it is not '
I The Secretary and the repository rt. matter up on the floor.
simply a matter that they have thought j
view panel shall seek to conclude the In substa.nce. M.r. President, what we about since this matter was reported by apte=ent not later than 1 year after Itave is a detaned system for involving the Cc=mittee on Energy and Natural the date cf the initial noti" cation of the the State at every stage, for fully in-Resources, i'
site sdection.
forming the State at every stage, for Also, the Committee on Governmental The Secretary shall report to the Con-State participatien in every stage of this Agairs, which hs.s been discussbg the gress assuaHy thereaf ter on the status ongoing examination, and for the coni subject of the State-Federal relatien-cf the agreement approved as stated vectics of and operating procedure be-ships and how the State ccacerns can above r.nd any repe-t to the Congress tween the State and the Secretary to re-best be met in an institutican.1 f ashics shr.3 be acec=panied by ecm=ents selve diferences and to permit ready ac-in this very difictit and sc=ctimes emo-sclicited by the review panel.
cess to the information.
tional but alwr.ys technicaUy complicat-The repository review panel. Mr. Pres.
They r.re given rather free hand in ed question of dealing with the enviren-ident, shall aire "le a.y formal objec-cenvecting the terms cf that operating mental, social, and direct and indirect tiens to the report before the completion agree =ent to that ther, if they ush, can efects cf radioactive waste storage and of the 90-day period.
provide for informt.1 arbitration, al-disposal, has been concerned.
Mr. President ence this process is thcush they are not required to do so.
Mr. President. I might add that after cc=Pleie, what we envisien in the proc.
Mr. President, I think this answers having looked at the three cc:mnittees sss is that the repository review panel every legitimate claim cf States, who will which are invc!ved in the Senate, it is and the Secretary, foUowing the proce, be funy invclied, who win have the right also well to note that the National Gov-dures, sha.H hopefully confect c.n agree. to consultation, the right to concur. It ernors Conference has a snbec::unittee ment. If they coniect an agreernent, then seems to me. Mr. President, that we have de:Lling with this etestion. The Governer they may procee:1. as under present law. mere than su2cient protectics here for of Idaho. John Evans, is chairman of to stet a license from the NRC to bund the States.
that group..He c1Hed me this af ternocn and cperate the f acility.
I congratulate my colleanes, Mr. to find out what was happening with re.
President, for the,r ingenuity in be=g spect to this particular issue. I was able i
If the State or the Ind.!an tribe-the State herein meaning the review Panel-able to present such a ecmpic=1st that to report to hi= cnly at that time that do not agree, then the Secrei.ary shah evenone has been able to ag'ree on. I say there we.s the process cf negoticticn un.
i fue with the Congress the report which everyone. At least not every Senatcr, but derway. He expressed the cencerns cf the shin lie over in the Congress ior a pe. the principal players here, the impcrte.nt National Governors Conference Mth re-j, ~
riod of at least 60 days.
Senators, have EU agreed en this, spect to the radioacttre waste stcrage a
In the case of civihan nuclear waste.
So, Mr. President, I hope the Senate and disposal. and made some speci$c the Secretary may not proceed if either will overwhelmingly approve this matter. suggestiens and requests en behalf of House of Congress adopts a resolution If my colleagues are ready, Lam pre-that organization, which I believe have that states. in efect: The repository de-pared to c er this amendment on behalf all been accommodated in this particular vclopment report does not succiently of myself, W. AcKsom W. Cmcm W.
compromise now brought to the fiocr.
- i McCm W. Domet, W. mm, and One of the issues to which he addressed address State and local ccncerns to pet.
n Mr. PucL himself was that cf.the State Planning j
mit the Secretary to apply to the Com.
Mr. President, I send an amendment Councu which the President has created I
missien for a license to construct such on behalf of those ra.med Senators. This and which win be cod Sed by this pro-ll.
quired by laE,if such license is not re-repos: tory or is in the nature of a second-degree posal. Again. Governor Evans was se.
to aroceed with the con-amendment. I ask for its immediate lected by the President to serve on that l
struction of such repository.
consideration.
State Planning Council. I think it is im-In other words, we have a one-house The PRESIDING OTFICER. Do the portant to note that this proposal now f
veto applicable fer the period of 60 days ethin which either Hou.se of Congress Senators yield back their time orj the before us perpetuates and codiSes the f!rst degree amendment?
functions of that State Planning Coun-may veto the report of the repository re-Mr. GLENN. No; we have not yielded cil. something which the Governors Cen-d I t is hEppens to be a =intary waste back time yet. I want to wa.it untu Mr. ference thinks is important. semething McCt.uar and others have completed which the administration thinks is im-depository-mintary waste depository their statements.
dedned as one being 90 percent mintary portant. and something which I also be-in terms of curies, and which does not Mr. JOHNSTON. We wiD have time on Deve is important to the success of this have more than 2 percent of the total this amendment as wen.
efort.,
nuclear waste of the country-then the Mr. McCLURE. Mr. President, perhaps Eefore concluding my remarks,let me i
President, upon stating that this is a we can Mthhold the c er of the amend-indicate that it has taken a tremendous
~
i i
i
my
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.S 10002 CONGRESSIONAL RECORD-SENATE July 28,1980-[$ '
3 amount cf stre and take from the various to be very diflicult to add something thnt parties hereby agree that to the extent per. 4 committees that are involved and the does not subtract tmduly from som3 m!:ted by 1:w. th:y wul use their best cf..
.various Senators involved from those other portion of the blu. Not that this fort.s to ac. bare to the fouowtng poueses ana.N cimmittees. I certainly commend Sena. balance is perfect; I wocid be the last pracuces ww2 nspect to doelopment of the '
tor Ostww and Senator PracT for their in the world to say that we have reached "tr]*
troleum Resene in ne state of Le dedicatics and their work, but also their that stage of perfecticn on this or any
- 1. Napoieonvine set Domsoor un of willingness to come to this agveement, other legislative proposal. But I think this salt come and others in touisians for I th'nk it has also reguired some con. that balance to assure its success has strategic petroleum storage wiu be acceptable structive give and take from members been struck. I think the managers of the to the State, so long as no employees of of the Committee on Enytronment and bul on the floor and those who have par. industries utuieng me comes are e.tsotaceo Public Works.
. ticipated in this formulation win be look-in their jobs by me Department of Energy.
I could not conclude the discussion of ing very carefuny at further tinkering '"I***'*"*8P"*"**'-
h;w we got to this point without having with the balance, not from the idea that sup' o.t tNprop*o$
1Ye): en p
fro mentioned the contributions made by the we than not consid er it, but from the idea distinguished Senator from New Mexico, that the *tialance is so carefully struck St. James Termind to weeks Islen,.t. pro.
vided that acoviues in taring the une 0.ir. DostrNIcz). whose formulation has that any changes in it may. indeed un. throush the Atchafalsya assin wiu not be now beco:ne the dezeription. There is balance it rather than contdbute further undertaken until af ter July 2,1978, and that on one who talks about this now who does to the balance.
appucable environmentai and go,ernmental n:t talk about consultation and concur.
For au those reasons Mr. President. I ngulauona an adher.4 to.
rence.Those of us who have worked with am very satisfied with the recult. I think P*
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- tD I *"
Senator Det:rx2cs over the months on the afternoon has been a very fruitful d"' ' N'e#'"*"
- darg 3 ep ous as e
cg up g 9e p
this issue must recognize that those are one. I commend the stra, who in partic-transper:auen of strategic ruenes in his terms. That terminology which we ular,have borne theload of writing what emergencies. In parucular carring iacvtues now apply to this process comes from his those of us who have been sittbg in have at the Port of New Iberia, anc tne accom.
suggestion growing out cf many, many agreed upon in fo mulation. I think they pa: ring dreeging and aeeping of sne chu.
months of work trying to achieve that have done a tremendous job in the time nel there wul be stueled. doe wiu make
'yll'DI* 1***d18"3r $3 CON to the U.S.
balance which is necessary between the that was allotted to them and I think we ps c Engineers to be epent in is7s vor energy demands and the environmental can an be saisfied that the legislative cencerns and the public health and process has been weH served by the ef-e;,at E 'g",*"t3, 'l e [ $ $
- i #'#*
'I safety concerns cf this country, but also forts of this afternoon.
- 4. campenamuon-Dor wul pay the state that balance which must be struck con.
Mr. IDNO. Mr. President, the issue of si.283.oe2 for the state s interest in the west structively between the Federal Govern. nuclear waste storage has been on the Eachberry Salt Deme. located on s5 acres of ment and the State government.
minds of many people in Louisiana for stat + owned land under 31act Late in cam.
I do not think there is anybody who some time. Some of the first tests to de. ercn Pariah.
could henestly claim a greater imprint termine the suitability of geological for-8,. Dj'y",E['Cyt1es a
smes
,3 upon the legislation before us than the mations for waste storage were cenduct* construeuen anc maintenance [of the s!'
,y distinguished Senater from New Mexico. ed on salt domes in north Louisiana. To-
~
I think his insistence that the process day, testing continues at two sites, ene James Termins.1 as a docking ractury,
- e. wau Pad construction: mayou choctaw can work only if there is cpen consu1*,.a.
in Bienville Parish and one in Webster ase Eaenerry-ne state wm support the tion between the Federal Government Parish.
per=.itti:s of wen pac raculties at taese two and the State government, and that In 1977, Louisiana's Governor, Edwin Salt ce=es.
there is a real contribution from the Edwards, and the Deputy Secretary of
.. Sabine River /Eactberry Pipetime ne State to the decisien=aking process, not Energy John O' Leary, signed a 10-point 3l,'
- yfN*[ p h ap PP ts
,dr ts just a pro forma consultation, not just memorandum of understanding reselv-the process of going through the actions ing several outstanding issues between extencing from the sabine River crossing to the Esenerry salt come, but a real cppcrtunity en the part of the the State of Louisiana and the Depart-
- s. Nuclear storage--Au rederal oeve n.
State governments to have input into the mest of Energv. The major thrust of the ment stueles relaung to nuclear waste ais.
decision =aking process at every level, plas was to allow the use of Louisiana posti in ste va: erie Salt Dome in webster has been essential to the drafting of this salt domes as part of the strategic petro. {Arish and tse Rarburn's satt come in tin.
leum reserve program.
mme Partan wel de sutJe t to this supu.
I think that i= print is clearly here. I In return for many concessions on the eeNde I['S',$[hE",',-]p f y 3yt E7
- think it is also the thing that makes me part of the State which aDowed the re-le=g.ter.n crposal in Louisiana if the state believe that it may be possible, indeed, sene program to go forward without de-etfects. stuc2es of pesuble areas in 1, cuts.
before we get to the point of congres. lay, the Federal Oovernment agreed that ta:a as wen as in o:.her states woule con.
sien21 override or Presidential decision. nuclear wastes would not be stored in t:nue with some test criu:ng waten win making or the opportunity for the Con. Louis'.ana without the State's permission. always be preceaec b7 ce=plete c.tseussions gress to ove: Tide a Presidential decision, There now seems to be some question **jD*
1 is.
3bo that there is a real opportt.inity for a real about the validity of the nuclear waste wiu epen a s Ece $ew rfean concurrence by the States in the conclu. storage portion of this agreement. Sena-ce=mocating some 200 federal and eenkrab siens that have been reached in the tor JoENsroN and I want to make it clear ter e=ployees.
- process, to our colleagues that our support for to. Reversionary R!sttwWith respect to It is a constructive proposal. I am this amend =1ent and the amendment it.
any denauens by the state er p;eperty to proud to hnve my name on it. By that. I self does not and should not have any the yeeeral oo,ernme t, peg,g7,,,
13,,
do not contend that it would be exactiv afect on the validitt of the agreement
- D'* "'
- t' 'hl'h th* prop *Ftr was the way I would write it, any more tha."
between the State of LotMarm and the c! r'r reYusNtn I think it would be exactly the way any Department of Energy.
the property.
e
'"u other of the participants would have Mr. President, I ask unanimous con-written it had they been c ered the sent that the orine!cles of understanding, W. DOMENICI. Ulu the Senator chance of dcing their own thing by them-signed by John O' Leary, Deputy Secre-yield me 5 dutes?
selves. But I do believe that the process tary, Department of Energy. and EdMn W. McCLURE. I am happy to yield 5 can work, that it is a constructive formu. Edwards, Governor, State of Louthe, minutes to the Senator from New Mexico, latics, and I hope that the Senate will, dated February 22, 1978, be printed in W. DOMENICL A parhamentary in.
Efter due consideration of it and the de. the Recoan.
quirv, Mrc President.
b:.te concerning its !! er points, accept There being no objection,'the princi-ato H sta t'
the proposal ples of understanding were ordered to be I know that there are those who are printed in the Recons, as foUows:
W. DOMM Are we working' of dissatisf!ed with one portion or tuother, Paare:rus or Uwonstaxcnea time on W bm Mr. President, and there may, at times.
In secordance with ciscussions between Mr. McCLURE. It is of the bin.
be further amend.ments ofered. I would representatives of the Department of En.
Mr. DOMENICI. Mr. Presidsnt' how say that, as ssy co=1 promise,it ig going ergy rDor-) and the state orIaum the much time remains on the bin?
e
.m
L Jtdy 2B,1980 CONGRESSIONAL RECORD-SENATE.
S 10003 '
a E
. The PRESIDING OFFICI21.*Ibe Sen-through the State's negotiator and the ton!sht, and the suggestion was that that E
. ctor from Idaho has 65 minutes en the Federal neg:tiator.
snight be done in half an hour or 45 min-1'@
bin.
That does not give anyone a real ex-utes from now.
r Mr.DOMENICI.Wiu the Senator yield cuse. or it eliminates an excuse on the My expectation is that the mattter the d
me 5 minutest part of the State or the National Govern-Senator from Colorado CMr.HAnt) hasin "k
Mr. McCLURE. I yleid the Senator 5 ment that they could not enter into an mind can be resolved. that that half.
sninutes o!! the bin.
agreement at au because one side or the hour or 45 minutes is not far off the M
Mr. DOMENICI. Mr. President. let me other wanted to be arbitrary or dicta-. mark.
first thank Senator Jonstow and Sens-torical, because that very agreement can Mr. JOHNSTON."I would concur in i
tor McC1.vas, not only for their excellent " provide for a method of negotiating and that estimate of time.
1, cbservntions and summary of the agree-resolving their disputes.
Mr. HART. The Senator from Colo-Inent negotiated, but also for their kind Mr. PERCY. A parliamentary bquiry, rido. 5 minutes.
t remarks with reference to this Senator's hit. President.
M.r. PERCY. I thank my distinguished F
participation. I am one of the Senators The PRESIDING OFFICER (Mr. HAR*
CcHeagues.
k wh3 has, for the last 3 years or so, been av P. Bram, Ja.).,The Senator MH state. I think that procedure viH help Sen -
j
i through the process of the Federal Ocy. it.
ators in their planning.
L crnment making promises that they had Mr.PERCT.We have had a number of The PRESIDING OFFICER.The Sen-n) authority to make, the Federal Gov. Inquiries from ether Senators. It is the ator from New Mexico has the floor, b
ernment. through administrative and ex. Understanding of the Senator from Hii-Mr. DohtENICL I thank the Chair.
- I I
ecutive fiat. deciding that they are going nois that when au comments have been How much time does the Senater from f
unilater1Hy to change things that Con-completed, we shan have a voice vote on New Mexico have remaining?
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!t gress had already put in place. I arrived the pending amendment to the Glenn-Mr. McCLURE. I yield 3 minutes to the ct the ecsclusion that the teMeal Percy amendment, foHowed by a toucan Senator.
, I' prablems with nuc3 ear waste ars no more rote tonight on the Glenn Percy amend.
Mr. DOMENICL hir. President. I do i'
severe than the practical political prob-ment. That roucan wiu come within one-not intend to take a lot of time. I thtk li G
lans involving our States and the peo. half hour: is that not correct?
people have worked long and hard on i
N ple within them.
Kir. McCLURE. hir. President. I might this.
I also arrived at the conclusien that say to the Senator from IHinois that I am But I want to make the point that' iI we cucht to strive to provide a mechs-not certain of the Mr. nor even the there have been many arguments as to i
E nism for both the Federal Government agreed upon scenario with respect to the what the authority of the States is. the T
ncting through whoever is destEntted-procedural votes, so I cannot conh.m or rights of the States, the authority and
-./
in this case, the Secretary cf energy, act-deny what the Senator from Illinois has rights c; the Secretar7 of' Energy. With I
I
{
ing fer the President-and the States said.
reference to the notics of an agreement so that neither cedd act arbitrarily and hir. PERCY. Would the Senator from and concurrence and consultation. and I
get away with it. I think that is reaHy Msiana (hir. JonsToN) give any kind without national statutory law, we are
'b the clue. That is both real and perceived of estimate as to what he feels might be lhtg in an arena where nobody knows 2
arbitrariness. Real arbitrariness is dic. the situation, so that we can alert Sen* what the rights are.
E tato-ial en the part of the natienal Gov. ators that there win be a roucan vote to-This will clearly indicate that the Fed-6 ernment and is an absciute and. without hight. That roncan vote might ccme at e.rr.1 Government and the States. up A
and factual basis, reto on the part of the what hour?
Jront, have been given the authenty to 1
States. Ecth of those are arbitrary types Mr. JOILNSTON. hir. President, we enter into a cooperative agreement and 6
cf acts.
have a sman amendment we are seeking that it may, indeed, prodde the proce-I arrived at the cenclusics that we to work out with the distinguished Sena-dures for resolving their disputes as the i
needtd to provide a mechanism so that tor from Colorado (hir. HART).
Project p oceeds from the very beg'"*g b
both the national Gover==ent and the I might just inform the Senators what tn cugh cperation.
b State gover==ents cculd say, "Cengress the concerns are. I think a short expla-I th'nk that is the i=per*4nt issue.
has given us a way to make sure that nation might ten us how much time we It mi stes an arg.tment on the part
?
the national Govern =ent is net arbitrary need.
of either a State or a Federal Govern-b and also a way to make sure that we must First. he would want to give theIn*" ment at the tail end of this process that b
not be attitrary at the State let el." That tribes the same right to cbject as does they did not have the authe-ity to sit came out as a process cf concurrence and the Senator; and second. he wants to down and enter into an agreement that
~
censultation, but it had something miss. provide for the right of public participa-prended for participatics, including the
~
in;. That was, how do you do that? I tien in the negotiatics of the coopera-resolution of disputes.
L thmk the ag ee=ent that we have now tive agreement betwec the State and the That, to me, is the essence of cencur-f struck does it.
Secretary.
rence and consultatics. It does not mean F:rst, I think it is imperative that we I believe we win be able to werk that that either side has any veto authenty, i
note that in this cc= premise, the initial out within a period of, maybe,10 2-It says that there is an crderly procedure notiScation which puts the States on utes, and, from my standpoint, could ac-for reschts the dispute.s, and that elim-E notice and begins this process is a notiS. ctpt that.
inates, as I see it, arbitrariness on
[-
c' tion to any State that is identi$ed as a. The minority sta!! has looked at it, but either side of this question.
i potential site. That means right up front. Senator hicCI.tRz and Senator Doxzm2cs That is the real issue. If the States 5
As the National Government evaluates have not looked at it.
know that they have a=ple authcrity to P
this process, they must notify au poten-After that,I would be ready for a roll. negotiate and that they win be heard 5
tial acceptnble States that might be re-can Wilately. It depends on how long and that issues e.H be determined in
's positories, anyone else wants to take.
A nonarbitrary, nondictatorial manner, jIi Second, the other important aspect for bir. PERCY. The Senator from Illinois and that can be agreed upen, then that ll4 this Eenator is that when the report win attempt to sp(ak only 3 or 4 minutes. is the essence of cencurrence and con-
,i L
ccmes to Ccngress as to the progress be-I have already given a fuH statement on sultatics and that is what we are pro-
'iE tween the States and Federal Govern-the amendment. So, only 3 or 4 minutes. viding for here.
i 5
ment, this statute wiH have provided to It might be possible by 7:45i I hope that those who drafted it wiH
'4E both the State and the Nat enal Govern-Eir. McCLURE. The Senator from IHl. agree with me that the deinition of the
'I 0 reent c legal opportunity to enter into an nois has suggested that the s.mendment methodology found in paragraph (d),
cgreement that there win be little excuse in the second degree, which the Senator that is, the soliciting, recehtg, evaluat-L rot to have entered into, because it will from Louisiana has sent to the desk, ing, working dingently, and the other ad-E be o skeleton type of agreement and they along with cosponsors, it has been sug-monitions, that those can be the subject may indeed provide in that agreement-- gested that would be adopted by voice matter fer the agreement that is con-y in fact, if they have one, they shan pro-vote and then the Glenn-Percy amend-te= plated in paragraph (c).
vide-a mechanism for negotiating and ment, as amended, would then be subject They can provide agreementa and 0-reschtg objections to the repository to a roHeall vote, which would be taken covenants and methods of teschtg dia-
'sh i
E>
- 4) n m'
,a g
..=
-n 7-Q) 1S10004 CONGRESSIONAIr RECORD-SENATE putes'as to th2 methodology and concur.. license is required). 'It us a proposed re-
- July 28,.1980M renceand consultation.
pository would be frasen if the State per-with the Governor of the afecid Sta I thank the Senator from Idaho for suaded either House of Congress that s/ marsomaa. wecasam w
.Mi to be ths chairst.nn.).
t 7111 ding. I support the proposal.-
their grievances-including such matters I
The PRESIDING OFPICER.
psa,
yields time?
Who as impact assistance, payments in lieu Mr. OI.ENN. Mr. President. I yield satisfactorny addressed by DOE.of taaes, and transport safety-were not Decause of the need for improvedinte.
gration and coordination of the nuclear myself such time as I might need cr.2 the time allotted under the manhnaus-con-for a one-Bouse veto provides a pre DOT sent agreement.
estabushed meeh=M== far Congress to e
. and because of the
- s. sets pasricaranow sw rumanas, marcarroer assert the national interest in having the need to give the pubile clear guidance sevtsorusaracarrrass repository so forward,if necessary. Con. on the progress and direction of Fed.
j Mr. President, at the present time, repolution, hd1d amend the report for thegross would 1
many States, concerned over past Ped.
under expedited proceduren, dment requires DOE (in ton-eral highhandedness, have enacted la'es and DOE c s ta on with other interested agen..
cr taken other action to block the pos. first 30 days, to include adjustments ne.
eg,,3 g '
1 lear waste sible disposal of nuclear wastes within gotiated with Congress and the relevant m
en a
. their borders. Unfortunately, these ac.
- 86. DISerences in agency views tions would probably be declared uncon, In response to concerns expressed by resolved by the President. After the Brst stitutional if chauenged in the courts cluded speciAl provisions for handlingSenator Jacusow and others, w and thus, in the end, are not likely to ofer States the protection from arbi. military nuclear waste faciuties. We have
"'"***""*****""8' trary Pederal action they seek. At the deined these so that a facility has to In February, the President accepted same time, however, these State actions have placed serious obstacles in the psth have 90 percent or more military waste the recommendation of the Interagency to be considered miutary. This means Review Group on Radioactive Waste of our national nuclear waste disposat that. initially.-all " mixed" repositories Management and estabushed by Execu.
eforts.
will be treated as civinan. In addition, tive crder an advisory State Phnning The compromise amendment, with the military repositories would normany be Councu on Nuclear Waste composed of
. compromise changes to it that have been treated the same way we are treating elected State and local of5cials. At that werked out by su the major parties to. chillan ones, unless the President found time the President also recommended day, attempts to address the competing thct development of the repository is es. the enactment of legislation to give the concerns of the States and the Federal untial to promote the national security, council a more permanent and solid
~ Government in an evenhanded, equi. or, in other words, that failure to move basis, and at its first meeting the councu table fashion. First, the amendment for forward with the repository wul seriou the first time provides the States with afect our nuclear weapons program. sly adopted the legislative language which is now the text of this portion of the statutory rights to participate in the If a repository is designated as mu!. amendmen t. The council rul be advisory, Pederal (DOE) nuclear waste repository tary and if the President wishes.the pa, *UII "Dd rul have a M.w life. It wiu develep=ent pregram. Epecificany, our tions.1 sectihty ahdihi. Uiere stul would 3 M'ce an linportant and visible mecha.
amendment recuires DOE to consult and be strong safeguards in Congress for the 'to participate in aH major fa cocperate with the States throughout the afected State, because Ccngress would repository planning and development be able to reject the rep 0sitory develop. h" CI**
8t' U
8
=d process pursuant to individus! State ment report by a two-House veto, under E ggt agreements wh'ch would expUcitly speu expedited procedures. In other words, resident,'8*the changes made to.
out frst. DOE's obtration to provide Congress still would give full review to dar s leave the blu with this status.
i notiScation and relevant information State concerns, althcugh under proce.,so far as congressional action goes: Au and second, the States' c;portunities to dures more favorable to the Federal, na.
.lifies, wheth civinan or muitary, j
commtst on DOE activities.
tional security interest.
to e he Secc d, as work toward the develop.
I stress that the current ad=inistra. th a ra ment of a repository continued, DOE is tion, which is committed to treating finds that development of a repositcry I's required to file three key retorts with muitary and ch-iMan nuclear repositories essential to promote national security the Congress for review, each accom. consistently, would be most unlikely to then it win come to Congress in the same
}
pr.nled by State comments: 77st, when invoke the national security finciing. way, but that finding will require a two.
i DOE selects a proposed repository site This sneans that, as a practical matter, House veto to override a Presidential from among alternatives (a crucial event au repositories are likely to be treated finding, which I believe is quite accept.
for the targeted State); second, when as civthan repositories under the one.
able DOE has completed its blueprint for the House veto procedures.
The congressional veto must be on the
! - repository (that is when it is ready to The.first (" proposed site") and third basis of the State not having had a itir 1
-apply for a license from the Nuclear
(" repository leading") reports would hearing, or the State must feel that its Regulatcry Commission); and a third lay over for 45 days before the appro. representation has not been fair in this i
whole process.
when repository loading is about to com. priate congressional committees. This mence, which would be at a much later "layever" would permit redew of the I beUeve that the way this has been date. (The reports would be made hp of DOE decision involved, consideration of worked out is very fair to au concerned.
l documents which DOE is already re. State views, and the opportunity for We have reconciled quite a number of quired to prepare: little, if any, new negotiated adjustments, but no speci$c diferences here today, and I commend the members of the staf who have documentation would be necessitated.)
congressional action would be needed The key feature of the comprehensive for the project to proceed.
worked long and hard ed this.
I hope the Senate viu accept this, and amendment is the constessional review States would be represented in their we can ret on with other considerations I
and approval process for the second of dealing with DOE by " Repository Review of the bin.
. these reports, the " Repository Develop. Panels," whose membership and voting ment Report." If the State objects, the rules, and so forth, would be estabushed I reserve the remainder of my time repository development report cannot by State law to anow for State-by State hir. H ART. hir. President, win the Sen.
proceed if, after considering this report variations. A number of States have al-stor from Louisiana entertain a coucle of and the concerns of afected States, if ready established' nuclear waste com. questions with regard to the substitute?
either Houses of Congress passed a con. mittees or task forces of the kind which hir. JOHNSTON. hit. President I yield
! current resolution stating that the re. would be deemed to be Repository Re. myself 3 minutes on the amendment, and i pository proposal has not addressed view Panels for the purposes of the I yield to the distinguished Senator from
< State concerns suf!!ciently to permit the amendment. (If no State law were en. Colorado for questions.
! proposs.1 to be flied with the NRC for 11 acted within 4 months, the amendment hit. HART. I thank the Senator from Louisiana.
censing (or to permit construction,if no speciSes the membership of the Panel.
As the Senator from 14u!siana knows,
~ ~
~
c-
.s anmm July 28,1980 U
I
- the Committee on Environment and Pub-jections to have the same dignity as the encouraged by the secretary. t2u states and t
tha Innan tribet The secretarr in coopera -
he Works, in its preposal, acknnledged cbjections t! the ttate, tt:n eth m Ctates and wm snbes anal!
,the rights cf Indian tribes and tribal Wa do not envision two yepository re-m a1 for c: uncus of the same order and magni-view panels and two separate agree. hjdP a d pub p,tg,p,t g
q tude as the rights of State governments ments; rather one cooperative agree-in these procedures. The proposal the ment between the State and the Secre-We must work out this next sentence,
- i Cenator from I.ouisiana has put forward tary and one repository review panel but the efect of the next sentence win as cn alternative does not do so.
appointed by the Governor which might be that the failure to comply with the I wonder whether the floor manager include n2 embers of that Indian tribe guidehnes or the f ailure of the guidelines Cill entertain a proposal by the Senator but that the Indian tribe have a right to resect someone's idea of what public fr:m Colorado that he amend or modify to participate, to consult, to be furnished participation is would be reviewable in his amendment at the desk to include, at information and ultimately to object on court.
122 points in the draft of the proposed the same basis that the State could.
So what we would have, Mr. President, alternative or substitute, language that keeping in mind that there is only one is a mandate to the Secretary, the States, a.nd the Indian tribes to provide and en-w1uld recognize the rights of tribal coun-repository review panel.
cils to rtise objections to the disposal of hir. HART, That is certainly the in, crurage such pubhc participation. We nucle:r waste on those triballands.
tent and the desire of the Senator from would enytsion that such pubuc partici-Mr.JOHNSTON. As the floor manager Colorado and if. in the judgment of the pation would mean the right to be heard.
But we do not in any detail provide the of the bill for the Inajority. I would be floor mnrager that is the result of the Enerhanum for that. But that is Mist we prepared to accept such a modification. 1snguage proposed, that language would
,.,y
.. g. -
intend.
As c matter of fact, the staa is working be acceptable and I think it would great-The remedy for fallure to adequately J
cn that draft at this moment. a ly add to the billitself..
Mr. HART. I M11 suggest to the Sena Mr. McCLURE. Mr. President, win the come up with guidelines that protect that right or the faDure to fonow the guide-ctor from Louisiana language which is Senator from I4uisiana yield?
g lines once they e.re perfected and pub-s very simple and a place where it might Mr. JOENSTON. Yes, I yleid.
lished would be, in efect, reviewable in
?
be located.
Mr; McCLURE. I.et me say to the Congress because it is our intention here On page 4. section (d)(3), add the fol-Senator from Colorade I am as funy in.
to provide for the pubhc participation lowing sentence:
sistent that the Indian tribes have rights and provide f or the funinput of the State Is the event a repository is to be sited on that wiU be protected with respect to and if that is not done then we would nn indian reservation. the tribal councu mar what happens on their lands as is the expect Congress to probably veto the pro-nie a for:nal objection before completion of Senator from Colorado. I am satisSed posal of the State because it is desired such Way peed.
that this language does do that, and for here that we have fun public participa-Mr. JOHNSTON. Air. President. my the minority I am prepared to accept tkn.
sta5 has just informed me that they are this suggested language.
H I may just add one mere thing, we attempting to achieve the same purpose, hir. HART..I thM the Senator from do not intend to engrave the AN*tra-with slightly di:erent words: and these Idaho.
tive Procedures Act or any formal ar-trords are now tumbling of the end ci a Does the Senator from I4uisiana then rangements on this other than the pub-pen. I cannot quote them to the distin. modify his amencment to that degree? USDE Of _theyWum ruMeline-but weu matn5 but we want to achieve hir. JOHNSTON, The a:nendment has thht u, hole procedure, the adequacy of Ea't.~~~
not been laid down yet. So we will cut the guidehnes. and the foUowing of the i
I now have been handed the words, and paste the arnendment to include that guidehnes are to be not renewable.
which are as f ollows' language when c5ered.
ME D* h*M I DM De hit. HART. I thank the Senator.
Senator from Louisiana ha's attempted Add & new section at the and of the Is it in order to raise one other ques-to strike a very dif5 cult balance here emendment which states as foners:
"In the event that the s:te of a proposed tion?
to which the Senator from Colorado v?.11 npositerr is located on lands which are hir. JOHNSTON. Yes, indeed.
subscribe, tha,t is, of maxi =tung publie carn:d by an Indian tribe or held in trust for hir. HART. I discussed with the Sena-notice, participation. and expression of
. such tribe by the reeeral Government and tor from Louisiana the issue cf public points of view and, at the same time, within the boundartes of the reservation of participation in the negotiations of the
{c a
n a e d ay that could be in-arrangements between the States and the s'n s e o ra er ccmp icated for-4e f t e Inc an se f e
ns.
Federal Government. That is a key fea-
,.ugas tgt the Adm,.istrative Pro-j.
won and Educational Ass! stance Act. exercis.
tr.g the pore s of self goverr. ment as ce!ned ture in the biu proposed by the Envi-cedures Act provides. To the degree this In section cel-2 of the act of A;rn 11. tven. ronment and Public Works Committee, is in fact the result of the language the stan bare the sune r:;tta uncer this title The stans have also worked en some lan-Senator from Louisiana will add to his cs the repository review panel for such guage in connection with that proposal. b!!1. then I think the Senator from Colo-t "P' Sit'PT ~
I ask the Senator fro = Iouisiana, I ask the Senatcr if that quick read-whether that language is presently ready [ ado will certainly want to subscribe to ing appears to achieve the result.
for consideration now. The Senator frem JOHNSTON' If Mr. HART. It does appear to achieve Ieuisiana shares'the view of the Senator hir' his 1 the results, presuming it would afect, from Colorado in this regard, that the
[*,Ed..b t
h in the judgment of the Senator from public should have some right to partici-
- ^d "ny iai ure to comply with these Louisiana, the rights of Indian tribes. pate in the formulation of these arrange-idU evb v *au not be basis for ju-in the same way States rights under ments, at least to the degree of observing d al this proposal are afected in section (d) and, hopefuUy. to the degree of present-Does that ' comport with the Senator's (3) and section 5(f)(2) on page 5 of ing points of view in the construction of thinnung?
the arrangements.
hir. HART In the the d.raf t. In other words. I want to hir. JOHNSTON. Air. President, we are Senator that'is exact t r I make crystal clear in the legislative history here that the Indian tribes, un. prepared to allow for such public partic. dwe.
der this provision, would be a5crded ab-1pation.
Mr. DOMENICI. Mr. President if the The operative language, if I have it Senator from Colorado win yield for a solutely equal rights to a State govern. correctly, would be something hke as minute, I commend the Senator for ment.
.oUows; bringing the issue up.
hir. JOHNSTON. The Senator is cor-r ct with this observation: That the re.
Pubite participation in the negotiation of Senator JoxxstoN indicated that Con.
such arrangemente--
gress could be looking at this in terms pository review panel is created by the State or, shau I say, by the Governor The term "such arrange:nents" being of reviewing whether or not a State who has the authority to appoint that herein referring to the' cooperative agree-reauy participated in the process. But panel, and the rights that the Indian ment between the State and the Secre. I think there is another review process tribe would have here would be to par-tary.
that will occur and that is if the local ticipate in the ongoing consultation and Publie parucipation in the negotiation or public OScials who are part of this review rIview and to file objections, those ob-such arrangementa sbau be proraced ter anc panel were not to adequateb permit the 4
e
,, __ _ _ _ _ _ _. m._ _ -
l 3 10006
! CONGRESSIONAL ' RECORD-SENATE
- Tuly 28,2980t ' q
. e i t
-g.
public to participat3 and 'be' cdvised. 14uislana.' but I wanted-to clarify an-now have the amendment, as amended.~
2 they too. wsuld be rettewed.I mean they (ther point. A numberCf times this eye-by th3 twa Eart amendments dust dia;. '
are clea.ted (Scials. In the Environment ning reference has been mada to the cussed, ready to file and bring up onthe".
and'Public Works Committee bin that covernors' appointing the panel as floor at this time. I am informed that came out we clearly indicated that we though that would always be the way in expected them to do this. It does not which this was done. '
would take a waiver of au the time on the arnendment.71elding back aH of the i
l
(
have to be formal. It does not have to I just wanted to clarify that the panel time on the amendment, which I am pre..
- be the kind of thing that they can go would be estahushed by State law in the pared to do. Mr. President.'
. '.4 -
to court over, but obviously any local typical case, and this might not neces-The PRESIDING OFFICElt. I)o' tho' g
i.
clected of5cials who are part of this tv-sarily involve the Governor. Por exam-Senators wish to Field back au their' i
view panel that would 30 into hiberna-ple,if alogislative committee were given time?
- +
.4 3
tirn for 9 months and come out and te2 this role, that would be the way it would Mr. PERCT. Mr. President. I would their people that they have an agree-be.
+
like 4 2ninutes.
.'7h ment would be negating the entire reason Only if the State had not passed a law The PRESIDING OFFICER.'I'he Sen'. '
far this whole process because at that would a Governor then automatictuy be stor from Ininois is recognised.
point they would never get pubbe sup-the appointing authority, and the panel Mr. PERCT. Mr. President. I woeld port for what they sought to do by way would act along the lines we provided. like to express a great appreciation to cf agreement with the Pederal Govern-the repository review panel.1 just wanted Senators Jouwevow. McCLuss. Doassmet, to clarify that.
JAcxsoN. Carraca, and EAar. and every.
ment.
So I would have thought they would Mr. : JOHNSION. lMr. President. I one -else who'has played a role in the'~
have done it in any event. I say to Sen-thank the distinguished Senator for that work that has been done today.
atsr EAar. but I am pleased that we are clarification. That is correct, and au my Senator Ottmr and I have been privi-tauing them they should do it for their remarks to the contrary should be cor-leged to work together for several years own beneSt. for the benefit of the process rected.
on th!S matter, and I am certainly t
c.nd ultimately so that Congress can Mr. 0LENN. Mine. too.
pleased to cosponsor now the language pass judgment on whether or not the Mr. HATFIELD. Mr. President, win that wiu provide the first guaranteed people of the State have reauy partici. the Senator yield?
State participatory role ever in nuclear pated.
Mr. JOHNSTON. Yes..
waste planning.
Mr. McCLURE. Mr. President, wiu Mr. EATTIELD. Mr. President, I have It was very hard for me to give in on the Senator from louisiana yield?
supported the erorts of my distinguished the issue of two-House congressional ap-Mr. JORNSTON. I yield, colleague on the Energy and Natural Re-proval for repository development. Sen-Mr. McCLURE. Mr. President. I have sources Committee Gir.Doncrxscs) to es*
listened carefuty to the exchange be-tablish a process of State concurrence.I ator Otts and I worked hard to retain this process in our cristnal bill. S. '!(2 tween the Senator from Louisiana and beneve it is a practical political f act that We felt it was Wrtant 14 but the re.
~
the Senator from Colorado with respect it would be arttemely dimcult to site F*d*
spontib!!1ty on tEshoulders of DOE to to the public participation question and eral nucitar w aste f acilities without such l
it is my understanding that the enteria a process; but not just any process. I convince Congress that it was fbauy j
and the establishment of the procedure would hasten to add. A system for con
- pa31ng attention to. and was addressing the concerns of the State
- is not subject to the Ad=inistrative Pro-sultmr with the afected State without
- cedures Act. It does net trigger that afording the State any substantive say We have arrived at a compromise, administrative remedy. and it is by its about whether a facility wn! be built or however, that is responsible. Under our oven terms not subject to judicial review. how it will be operated would not solve new language a majority cf either House Therefore, it is not subject to that kind the problem. An afected State must be can oppose a repository plan if it does not of review in courts.
a full partner in any endeavor to store or ieel the plan adequately addresses State '
I fully concur in the statement that dispose of long lived or high level radio-concems. This is an equitt.ble, balanced has been made that public participation active wastes.
proposal that I certainly can accept. I is essential. I think that is the whole I have lately rejected the idea of urge my friends representing State ind I
thrust of this amendment. I think we a 2:=ple " State veto" pronsion. in that local organizations, friends who have carefully avoided the pitfans that might participatics in au phases of the plan-worked very, very closely with us over ccme from tying this thing up in the ning and estabhshment of these facili-the pas,t many menths, to understand administratice and judicial review, and ties is the key. Si= ply allowing the State that.. s approach meets our primary I am prepared to accept the language as to say "No" is simply inviting nothing.ntention. guaranteeing a real and mean.
l proposed by the Senator frcm Louisiana but "No's."
ingful role for States as they rightfully ssd outlined in this colloquy.
I also have rejected a simple State par. have insisted upon.
l Lit. JOHNSTON. hir. President. the ticipation proviaien. in that participation This amendment is indeed written to Senator is correct. This whole procedure without cencurrence is a hollow exercise address the concerns of Senators re;te.
not only under the language relative to which wiu lead to "No's" being expressed senting a wide array of perspectives on pub!!c participation just discussed but, through the State's congressional dele. the issue of States' rights. Senators who indeed, the whole procedure here is sui gation.
are extensively and primarily concerned gercras that is to say it does not engraft I believe the Senator from New Mex. with a responsible role for States. I in-any procedures. either the Administra. leo has had the right spr,rcach-the full clude myself in this category.
tive Procedure Act ortny judicial review measure of State participation and con.
Senators who are pri=arily concerned
- provisiens, on any of this amendment currence-and I am pleased that he has that States should not be able to make it l
and. partic.11arly, not the pub!!c partici-been able to negotiate this substitute for unduly ci!= cult for a good repository pation.
the pending amendment. I know of the plan to be approved by Congress are rep-i The adequacy of the guidelines and strong feelings of the proponents of other resented here, too. I f eel deeply that the the following of the guidelmes really ad-solutions to this problem of Federalf compromise that has been worked out is
- resses itself to the Govemor. the tribal S* ate relations--notably those of the a forward step. and I crJy want to add 1
council, and the Secretary and ulti-Senator from Ohio thir. Otan). the Sen-my appreciation that the compromise i
mately. to the Ccngress in review of this stor from Illinois (Mr. PracT). and the encompasses two other highly important matter.
distinguished chairman of the Energy provisions that Senator OLts and I felt Mr. OLI*NN addressed the Chair.
Committee thir. JAcxsow)--.so I appreci. were highly important in our original The PRESIDING OFTICER..The Ser.. ste the disculty with which the substi-legislation. the creation of a State Plan-stor from Ohio.
tute was reached. In some ways the sub. ning Council to work with the Federaj Mr. 0LENN. Mr. President. I rield my. stitute is not everything I would have OcVernment in generic waste manage-self 2 minutes. I just wanted to clarify asked in a concurrence process: in other ment planning and the creation of an cne point.
ways it seems a bit much; but Iintend to anDual national nuclear waste plan to I agree completely'with the coHoquy support it today.
insure a steady and responsible program that was held here between the Senator I thank the Senator.,..
in the development of this national 4'
from Colorado and the Senator from Mr. JOHNS'IVN. Mr. President, we waste management policy.
~.
~-
y~
1 4...
..a.:
. 2.9 -% T10007.
WP.
v r
- July 28; 1980W.~'
F. CONGRESSIONAI; RECORD-SENATEIy.w. ;.... a. ".
'd r
s,@.....
,,,.bt ' I ' hti -
'Ibene peevielens.ifrom
..,v...,the-Percy. of confecting the cooperative agreement.
J Mr.'JOHNWFON. Mr. Freeld Olenn bill have been left inteet in this but since there is only one cooperative
'm==*=='a consent that further reading a
compromise, a decision I feel is a great agreement it would be the one that was of the amendment be dispesed with, tribute to the work that went into the confected between the State and the The PRESIDENO OFFICER. Without drafting of our bill, as1rell as this com. bearetary. But the Indian tribe would objection. it is ao ordered. +-
promise.
have tbe ylght to participate in the con.
The amendmant is as follows*
Speaking personally. Mr. President, I faction of that agreement and thereafter want to add that I have always placed fully to cons?lt. receive information, file (1) Strike deanttton (30) and renumber primary==P a=ia in.the creation of a objectiana-.
subsequent desatuona acessengly:
h (s).stethe neouon tot and lasers in ateu national conservation strategy, because Mr. McC1.URE. Mr. President, will the thereof the fouowtag-...
' I feel it is the cheapest, most equitable. Senator from alana yield? I think we.
~asc. ecsta). The asentary shau identity most readily available source of energy need to carefully distinguish between the the states enh one er mon poteneauy so-we have. I do not lessen my enthuaiasm rights of the Indian tribe which they would have when it is not on triballands. ptable anos tw a wputten, snetustas test for moving in that direction, MN$YE m',, y*
I do not lessen my enthusiasm, either. They would have the same rights as any for coal as an alternate source of supply other citisen or citisen groups to partici. wnhin 80 days et ennemment et this Act, me secretary ahan noury the covernor, the state that must be developed. I am pleased in. pate through the: State process toward testanatum. and the Tratat connen et any-deed that our Republican nominee for the resolution of.whatever concerns they maected Indian kabe in any aseesed state or President. Oovernor Reagan, has ad. have merging into that cooperative the potenusu neceptanne attes within such r
dressed himself to this issue and has seen agreement Aled by the State.
state.
that coal must be pursued.
In the event, however, that it is located dA b t b 'u*nd state as But I represent a State that is highly on Indian lands as deAned in the amend
- dependent upon nuclear energy, the ment. I think they would have, in efect. have me right a pwucipaw in a pmmes M State of Illinois. In northern Illinois, we a separate cooperative agreement and a consultation and concurrence, heaed on pub.
are more d vendent than any other separate triggering device which could uc health and strety concerns. In au stages of the planning, stung. development, con.
State for the generation of electricity-lead to a congressional review or prest. strucuen. and operation of a repoettery. The 50 percent of our electricity is generated dential review just as it would be if it secretary is aumortsed and directed promptly by nuclear power. In times of a coal not on Indian lands and simply a "y'g,",'*,n i
t na w a mapas.
shortage, we had coal we could ship to quest on.
other States. Nuclear energy provided Mr. JOHNSTON. Mr. President mY tabush a coopersuw agnement.tader which an abundance of energy even in that staE just points out the following lan. me Repostory memw Pand may esecue such risht.
critical period.
guage on page 2 of the amendment which
-(c) The cooperauw aswement may in.
We must move forward in a safe and states that:
in accordance with applicable 1aw of sit tech.
sane way for nuclear waste manage.
ne secre,tary is authorised and directed c3ude, but need not be umited to, the sharing ment. however.The lack of a plan for 38 prosapur to entw anw negousuons wnh nical and steenstas infortnauon. the utuiza.
years that ofered a way to find a per* each repository review panel desertbed in ston of available expertise. the factutsting of manent repository for waste disposal has uue X to estabthh a cooperative asnement Permitting psocedures, joint project rettew.-
inhibited and held back the future devel. under which a repository of the review panel and the formulation of joint surveulance and may esercae such right.
monitoring arransements to carry out appu.
opment of nuclear energy.
We are mairinr a monumental sts at That language being in the amend-cable Federal and state laws.
"such cooperauve as sement shan provide this particular time to remedy this prob. ment, then when we state further in the procedures for negotiating and remotving ob.
Iem. I certainly support the pending amendment that the Indian tribes shall jecuons W me sepoanon memw Pand in amendment to the Glenn Percy amend. have the same rights as the repository any stage of the planning. siting, develop.
ment and urge its adoption.
review panel that does envisage two sep. ment. construcuon or operauon of such a t
The PRESIDING OFFICER. Has all arate cooperative agreements with the faculty within the state-time been yielded back?
Indian tribes having those full rights to
- Provided, however. That any such agree.
Mr. JOHNSTON. Mr. President, I yield the same extent as does the State.
ment shnu not aHect the Nuclear Regula.
tory commission's authority under existing myself 1 minute simply to make clear So I correct my statement previously law.
with respect to Indian tribes that the tri. made.
-(d) Fw me purpm W this part of mis bal organization shall have the same Mr. HART. Mr. President. I thank the utle- 'procese of consultauon and concur.
rights under this title as the respository Senator from Idaho for clearing this up rence' means a methodology by which the review panel for such repository, because I think it is a crucial question santary (A) kwps me Reposnon nutm What that means. Mr. President. is g.here Indian tribes are concerned. I Pand tuur and cwnnur infortned about me w
ullY "I* with him-
- P"** #
- h' P"l*** "3 * **d * ""7 P'* **"
that the tribal organization has a right to receive the information, the right to I thank the Senator from Louisiana tmpact on the pubue besath and safety. 'I consult, the right to negotiate, and the i r making it crystal clear that that is
"<B) sonetts. rectus, and evaluates con.
right to file the objections those objec. We situation.
eerns and objections of the Review Panet*
tions to be the trigger for th'e requirement Mr. JOHNSTON. Mr. President, if wnh ngard to such aspects W the pn)wt on an onsoing basta. and of the one. house or two-house vetoes. as Senators are ready. I am prepared to a(c) works duigently and cooperatively yield back the remainder of my time'all the case may bei So the tribal organima.
to neoln such conenas and ob)eettons.
The PRESIDING OFFICER
- Have "I') D ' 8**
- '7 """ ** 8*P**""7 8'*
tion has full power to participate in this view Panel shau"* seek to conclude the agree.
process when it is on tribal lands as de. Senators yielded back their time fined in the amendment.
Mr. JOHNSTON. Mr. President. Iyield. ment required by subseeuen 4b) not inter Mr. MART Mr. President, I thank the back the remainder oI my time, than 1 year after the date of nouneauon under subsecuan (a). The seentary man re.
Senator from Loulaiana. This is a com*
The PRESIDING OFFICER. All time port to the congnsa annunur thmarter on plicated question, as he knows, and it is has been yielded back*
ne status of me agrement approved under my intent only to make sure that, as he subsecuan (c). Any nport to the consnas on the status or nosouauons under sub.
has stated the Indian tribes have the Mr. JOHNSTON. Mr. President. I send section ab) or the ag m ment under name rights as the States where their to the desk an amendment in the second subsecuon (c) by the seentary shan be lands are involved. If it is, in fact, the degree to the Glenn amende.mt and ask aminpanied by comments acuetted by the intention of the Senator from Louisians for its immediate consideration.
secretary from the Revww Panet."
and. in f&t. the results of the language The PRESIDING OFFICER. The clerk,,@,P,"Ebng at [he en he has orsad to accomplish that result, will state the amendment.
,b reo the then I think his statement is very well
.The legislative clerk read as follows: followtos -The aepository nevsew Panet abau nie any termal objecuons to the seport taken and will help clarify this question.
2* Senator from lautalana (Mr. Jouw. before the coupleuon of such ninety day Mr. JOHNSTON. Mr. President that stow) for himent.
Mr. Jacusow. Mr.
pertod."
I is coerect.
Carvacs. Mr. McCLuar Mr. Dourwies. Mr.
(e) subsection (e) of section 9o3 is amend.
I would make one clarification here, Ot.aww. Mr. Pract, and Mr..EstrrtLa pro. ed to read ae fouows:
and that is that the Indian tribe would poems an unprinted amendment numbered "te) The secretary sha!! submit the Re.
1450 to unprinted amendment numbered pository Development Report for a proposed have the right to consult also at the stage 1449.
' repository to the congrees. together with the 4
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5..,. W. wW
.$8p,UW.
1 go
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+6 av s a.
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"".h
,,. g, i y ny :
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objections of the f pproPrtite Review panel, s
"(3). tf the relevant tory Revatw transmattet to Snorgy on
, Congress by the Secretary of t
Ef many, the========= et ether laterested Mael has Bledobjections to vevland Re.
G196M.
amnes.1asindtag spostacauF these.ef ad3a. Sout9esener f=h==*ta=
(1) and the. follow. try the Secretary of Energy:en".tes==== dad
- eent...darectly.. and substaat6 ally asested Ang es day;persed sof continuous seeston 19..) Toes not guastantWadesses saata and
~
m and such other sommente se the Geo. elapses without either EEouse er both Houses lomi concerns to perm 64 the Secretary to ap.
retary has received with respect toJuch of Congress, as the ones may be,.paasing a ply to the Nuclear.Begulatory ra==taa an
. E.....
(6) drtko subesettons 903 (f) and.
.resoluuan as spec 1 Sed in adaantan (!) with for a license to construct such repository cr.
report."
insert in peu thereof the fonowing.'(g) and respect to.such revloed R.epos8 tory Develop. if suca a ucense is not natuired by law, to Inent ReportG -
.,7,,'",-
pwsnit the Secutary to' proceed with "the
"(f)(1) ne.secrv.ary snay not ale an *Each revised Repository Development 'Re.
construcun W such ppeeltory4 the Maak typuestson with the htantam for a M*
spaces therein betag. appropriately Sued and,
conee to construct the main shaft of a n.
port shan be prepared pursuant to the pro,
- 8*st in paroneeses betag anonuded if the eedures set fore sa this sectson and in sec.
pository, or tf no such license is required by, tion.neos. pertaining to. me preparauon of secman has asnanded.no saport pusuasst taw,may not undertake alte pnparasson wora Repository D.,elopment Reporte */
so subesetion 906(b).
..7g m
leading so the sonstruction of the enata.#(h) The secretary shau not.anow dents.
-sse. s w (a) h later. m aa m e,.sret day -.
ehi.ft of a pr# Posed reposttery, unless and asted 11satta to be bronched on parose* ages M secolon fouowing the day on'which a Re..
until be chau have subsnitted a Repoeltory of nuclear wage or opent fuel designued in pository Mekpment Repm la tunesnitted Devtlopment Report -for such rept.3ttery 9e the last sentence of subsection (g) unless to h huse of Representatino and the the Congress.
. f. ~ %. -
spectScaHy authorteed by the'Congrees.
Senate under aeotion 28. a remotuaton, as do.
" " ^"
Review Panel has Sled objecuens to the Re. ' to the Congrees on:~"(1) The Secretary aban report annually Aned ist section DOS, abau be i
"(2) In addition.1f the relevant Repostlery (1) the number of cu. m3uest) in h House by the chairman of the cosasnittee opent ~ fuel.and in.1aonMtetenee tor etv111an femd, or by a,2 which,fhe Repers,3a n.
port under subasetton (4), the secretary ties of redloactivity in donneettoally stored hw or Members ot De,
sney'not $le such an appuestion or under" taha such site preparatton work if durtng nuclear westet (2) the percentages in each 2fouse designated by such chairman,' and tas so day period of continuous session foi-repository of nuclear waste (in curseen aris, shan be introduose (by suvut) in ne sen.
lowtag subunsttal of such Report etsber House ist from defense activities of the Secretary ate by h chainnan of the cosngnittee to cf congrees penses a resoluuon pursuant to in ralauon to an other nuclear waste. or *hich th' 8* port is referred, or by a Mam.
section 90s stating in substance that the opent fuel (in curies) at such repository.
ber or Members of the senase damyna+=a by Repository Developenent Report does not (e) Redesignate section 906 as section 9141 such chairanan.
2usciently address State and local concerns. (f) Strike Section 908 and lasert in usu
"(b) A resoluuan with sespect to a Repeal.
to permit the Secretary to apply to the Com. thereof the fouowing:
ton Doelopment Report.shan be referred to,
antenton for a heense to construct such M.
"Sec. 905 (a) the Secretary shan have a the appropriate committees of h House and pository or. If such a 11 cones is not required Repository Development Report delivered to Senate (and all resolutions with respect to th name shau M
tho by Itv, to proceed with construction of such both Bouses on the same day and to each sqposttery.
Bouse whus it is in session.
g g
"Provided, hosoever That if (1) a he afore.
"(b) Any time during the period af thirty or h Speakw of h hm W Repreents.
mtationed objections have been Aled. (2) calendar days of continuous mession of Con. II O'
'E gta
=
M 2
R such repository is a repository primarity for grees after the date on which the Report is
- 8'P#*******I" "
8'***** #
E***A*
tha Osposal cf high level or trsasuranic transmitted to it, but before any resolution ly. within M calendar days M a"nhus contaminated wastes produced through the described in asetton 908 has been ordered dCfinse activities of the Secretary, and (3) reported in either House, the Secretary may e lu on in u tion ths President not18es both House of Con. make amendments or apodiacations to the a.Sec. 910. If the committee to which ia ro.
grees in writing at th) time of submittal of report, to address any concerns raised to it the President notifies Joth Houses of Con. by the appropriate Repository Review Panet ferred a resolution introduced pursuant to d6ttrmtnation that development of the re. which modiacations or revisions aban there. subction (a) of secuca 909 (or,in 2e ab.
eence of such a resolution, the Arst resolu.
pository is essential to pmmote the national after be treated es a part of the Repository tion introduced with respect to the same Re.
security of the United States, then the Sec. Development Report orginauy transmitted pository Development Report) has not re.
retary may proceed w!th such site prepara. and shan not afect in any way the time tion work and may proceed to apply to the limits otherwise provided for in this Act.
ported such resolution or identical resolu.
NRC for a license to construct such repost. The Prealdent may withdraw the Repository tion at the end of 46 calendar days of con.
tinuous sesalon of Congress after its intro.
tory, cr if such a license is not required by Development Report any time prior to the duction, such committee ahan be deemed law, to proceed 'with construction of such conctualon of sixty calendar days of continu.
to be discharged from further conalderation respisery unless both Houses of Congress ous sesalon of Congrees following the date of such resolution and such resolution aban shall within 60 days of cantinuou:, seeston on which the Report is submitted to Con
- be placed pn the appropriate calendar of 1.he pass a resolution stating that in substance gress.
Boun invWed thtt said report does not sufBetently address "Szc. 906. For the purpose of the Act (1)
"Sec. 911. (a) Whm the committee has re.
State and local concerns to permit the Secre. continuity of session is broken only by an ported, or has been deemed to be discharged tary to apply to the Commission for a lleense adjournment or Congress sine diet and (under section 910) from further consid.
to construct such repository or. if such a
- (2) the days on which either House is eration of, a resolution with respect to a 1tcense le not required by law, to proceed with not in seeston because of an adjournment of reorganisation plan. it is at any time there.
construction of such repository, more than three days to a day certain are ex*
after in order (even though a previous "For the purposes cf this proviso, a wpos. cluded in the computation of any period of motion to the same efect has been dia.
itory primarily for the disposal of high level time in which Congress is in continuous ses*
agrood to) for any Member of the respec.
or trtasuranic contaminated
- wastes pro. gion*
tive House to move to proceed to the con.
duced through the defense activities of the "Ste. 907. Sections 905 through 911 of this siderstion of the resolution. 'ne motion is Secrettry is one designated by the Secretary Act are enacted by Congress-(1) as an ex.
highly privileged and is not debatable. The in tha Repository Development Report cov. ercise of the rulemaking power of the Senate motion shall not be subject to amendment, ering such recository to contain an amount and the House of Representatives, respec*
or to a motion to pottpone, or a motion to cf such high level or transuranic wastes tively, and as such they are deemed a part proceed to the consideration of other bust.
which je ninety per centum or more tin of the rules of each House, respectively, but terms of curies) of the total amount of nu"
- spplicable only with respect to the procedure mess. A motion to reconsider the vote by which the motion.is agreed to or diangreed clear waste and spent fuel to be placed in to be followed in that House in the case of to shall not be in order. lf a motion to pro.
th* repository, and in which any nuclear resolutions described by section 900 of this ceed to the consideration of the resolution T
unS ed e
B less f
f g
-.f eh w d.p t.,,.
-sed stortge in the United States at the time of (2) with full recognition of the constitu-
"(b) Debate on the resolution, and on all sulb designation.
Stonal right of either Mouse to change the debatable motions and appeals in connection
- (g) In the event that either House of rules (so far as relating to the procedure of therewith, shall be limited to not more than Congrees passes a remotation as spec 16ed in that Rouse) at any time,in the same -ar ten hours, which ahan be div6ded equally paragrech (f) (or both Bouses pass such a and to the same estant as in the omas of between individuals favoring and individ.
resolution pursuant to the proviso in para. any other rule W that Rouse.
tals opposing the resolution.. A motion fur.
graph (f)) with respect to a Depository De.
" Sac. 908. For the purposes of the Act ther to limit debate is in order and not-de-velopment Report *be prohibition est forth *Fenotution* means only a resolution of batable. An amendment to, or a motion to in subesetson (f) oball waain in efect untu either Roose of Congress, the metter after postpope, or a motion to pressed to the such time be-.
the resolving clause of which is as follows: eensideration of other businesa, or a sno.
-(t) the awaretary aball have entun!tted to *That the.......... believes that the Be. tion to recommit the resolution is notin er.
th3 Congress a revloed Recository Develop. Pository Dwelopment wport relating to the der. A motion to ra-a*r.the vote by ment Report with respect to such wpository, proposed development of a repository at.. which the resolution is agmd to or disagreed and within the state of -
Kahan not be in creer.p p
die e
- - m mc.e m es ei.=mwuw -
amw
=(s) 3masenatety sonowing me eensle- ' Mr.- DOMENICI addressed th) Chair.
Mr. DOMENICI.1o we are ready say -
1enen of me estate em me sesolustom wth - The PRESIDDIS. OFFICER. - MD ing that everybody ought to act in good
. respect to a reorg==ie plan, and a single yloids thne?
, n.-
faith or take the consequenoss? - -
I guorusa osu at ma sonenusson of the g7,.DOMEN2CI.-Mr. President, will Mr. McCLURE. That is och - -
$ II '*9, neS on the Senator yield sne 2 minutes on the Mr. DOMENICI. I thank the Senator, 88
,gn
,,, tew bill?
w The PRESIDING OFFICER. he anal apprmt of me resolunos shnu essw.
Mr. JOHNSTON. Mr. President, I question is on agreeing to the amend-
-(d) Appeals from me -aa.
of the chair retasing to the appuencon of the rules yield 2 minutes on the hill to the Senator ment of the Senator from Ohio (Mr.
i of the senate or the House of aspresenta-from New Mexico.
OLaww), as amended. The yens and nays aves, as the case may ha to the preessure Mr. DOMENICL Mr. President, I will have been ordered and the clerk win call relating to a resotusson with respect to a ask this question of Senator JouwsroN the roll.-
reorganaastaca plan ennu be m wt**
and I would also appreciate Senator The assistantlegislative clerk called out debate.
McCLums's response.
' the roll.
,j,,I*
.Since this statute will give[the'Na-Mr. CRANSTON. I announce that the
- aeport su two w com tional Government and the States the Senator from 3daho (Mr. Cavacat), the gross pursuant to this uue, me congress may obtain the vieve and aa====== of the Nu right.up front, to enter into a coopera-Senator froen Missouri (Mr. EncLaTow),
onear segulatory '5a==$=$aa on such re-tive agreement, what happens if there the Senator fro'n Massachusetts (Mr.
port, ne provision of vnews by the Com-is no agreement at all entered into by the KrNwser) -the teenator from Vermont sansatos ahan not be construed as binding parties as contemplated by this statute?
(Mr. Laamr), the Senator from Mon-the na====
with respect to any nonne-Mr. JOHNSTON. Mr. President, we, of tana (Mr. Mstenza) the Senator from lag action pertamma to. es. repository.- course, contemplate such an agreement. -Connecticut (Mr. Rrstcorr)ithe Senator which ss the subject of such moposttery De-But in the event that. let us say, a State from Mississippi (Mr. Strwwss), the Sen-
"*k*g**g'"*pessage g a resoluton by is totally recalcitrant, would refuse to ator from Illinois (Mr. BTurzwsoN), the P
even enter into any negotiations and. for Senator from Alabama (Mr. StrwAnt),
the Congress pursuant to this tius shau in no way be considered as binding with re-whatever reason, such a cooperative and the Senator from Georgia (Mr. TAL-spect to any ueenaing acuan of the Nucient agreement was not entered. then the xAnct) are necessarily absent.
- segulatory tw==waa portaining to the Secretary would proceed with the plan-I further announce that if present reposttory w of such ning and would submit the plan to Con-and voting, the Senator from Idaho (Mr*
resoluuon., hich as the subject gress. giving. of course, the right to the C""") **uld ""* D**"
(s) Add a new section at the end of title States and the tribal councils, as the Mr. STEVENS. I announce that the Ix as tonom case may be* to file their objections.
Senator from Colorado (Mr. Asm-
-src. sis. In the event that the site of a 'Iben that whole question would be sub.
proposed repoaltory ts located on lands which mitted to Congress for a one-House or sTaows), the Senator from Tennessee.
(Mr. BAxma), the Senator from Arizona T owned by an Indian tribe or held in two-Bouse veto,in the case of civilian or (Mr. GoLowaTra), the Senator from trust for such tribe by the Federal Govern. military wastes respectively.
mestand We do not think that that eventuality New York (Mr. JAVITs), the Senator (2) within the boundaries of the reserv** would occur, because we make it easy for frein Maryland (Mr. MATH 1As), the Sen-
, tion of such tribe, such a cooperative agreement to be en. ator from Teams (Mr. Towsm), and the Senator from North Dakota (Mr.
ne tribal organization, as denned in sec* tered into. The f ailure to enter into that tien 4(c) of the Indian self.Determinanon agreement would not preclude the sub. Yopc) are necessarily absent, and Education Assistance Act exeretsing the mission of the plan to Congress, but The PRESIDING OFFICER (Mr.
powers of self government as denned in sec-would be one of those elements that Con-MoYNf3AN). Are there any other Sena-tion 201(2) of the Act of April 11,1968 abau have the same rights under this title as the gress would consider in determining tors in the Chamber who wish to vote?
Repository Review Panel for such repository." whether to veto the proposal.
The result was announced-yeas 83, (9) At the end of section 901(b), as Mr. MCCLURE. Mr. President, will the hays 0, as follows-amended, add the fonowing:
Senator yield?
[noucau Vote No. 320 Leg.]
-Public participation in the negotiation of such agreementshau be provided for and Mr. DOMENICI. I am pleased to yield.
TF.As-e3 encouraged by the secretary, the states and Mr. McCLURE. La the first place, Mr. asueus carn woD and indian tribes. ne secretary. in coopers. President, I think the failure to enter narh olenn Mo tion with the States and Indian tribes, shau into an agreement is the sign of one of Be3 mon Gravel Ne: son menteen Eart wm develep and punitsh minimum guidennes for three things: Either the State has been Biaen Ratch p ckwood Pa public participation in such negotiations. totally arbitrary and unwilling to arbi-moren matneld 1
but the adequacy of such guidelines or any nosenwits navatown perey fauure to comply with these guldennes aban trate or the Federal Government has not be a basis for judtetal review.=
been totally arbitrary and unwilling to ga ge,,in r,,
c g
negotlate in good faith and, for that rea-sureict neims Prror h"J* JOHNSTON* Mr* President, the son, there simply has not been an agree.
ayrd.
noutns:
Randolph amendment has been iully explained. It ment. or that negotiating process, having narrr F., Jr. uundleston nieste incorporates the two Hart amendments !alled to reach an agreement, v ould have 7aIe7""nE""#'#
- $r **
just discussed. I ask that the amend-narrowed theissues to one or two major charee Jackson s
ment be agreed to.
issues which Congress would be able to enuea Jepsen schmitt The PRESIDING OFFICER. Do all m Wlearly.
cchran J answ senwetker cohen masseaum simrmon Senators yield back their time?
But I think the negotiating process is gton gt sensord All time having been yielded back, the N'
either going to bring about an agree-Danforth tong question is on agreeing to the amend. ment or define a very narrow range of Deconcina Lugar Tnurmond ment of the Senator from Louisiana (Mr.
issues for presentation and debate in Dole Magnuson Tsoncas Jonwstow)'ndment (UP No.1450) was Congress.
$"d*dct,,,. gy7 g
The ame agreed to.
Mr. DOMENICI. So the Senator from Durkin McGovern weictor EIon Metzeneaum wnitams Mr. JOHNSTON. Mr. President, I ask Idaho would construe that to mean that Ford mtenett zonnsar
- for the yeas and nars on the adoption either it has narrowed the issues and of the Glenn amendment. as kmended. Congress can look at that or it would NOT VOUNO-17 The PRESIDING OFFICER. Is there have a very significant impact on de. Amstrong Kenneer stevenson a
g
,sUmmage a suscient second? 'Ibers is a suscient termining the good faith or bona fides c r
second.
of either the Secretary of Energy or the Eas econ Helener
' rower The yens and nays were ordered.
State as the facts might come out when Goiawater ntnicoe Young Jants stennis The PRESIDING OFFICER. The the report and the plan is presented to quest!on is on agreeing to the amend. Congress?
So Mr. OLrwn's amendment (UP No.
ment of the Senator from Ohio (Mr.
Mr. McCLURE. I agTee exactly w !h - IM, as amended, was agreed to.
OLENN), as amended.
the statement of the Renate.
Mr. OLENN. Mr. President. I move to l
s.
. __a
.,.n
.CS10010 i CONGRESSIONAIARECORD :-SENATE Mluly 28,dP80c,
~
. reconsmer the vote by stdch the amend N.
_ sus.neselias isossnes
. I yiege *e the senamr from West vir.
- esent was agreed to.u
- L-
- '1Purpeus:-h assum fou eest resoeery of ginia (mar. hwoon.ra)'such time as he i
Mr. JOHN 8' ION. I move to lay that Feesrat amenear weste managessent activi-may desire on the BatSeld amendment.
sses and for other purposes)
Mr. RANDOLPH. I thank the Senator.
l motion on the table.
Th3 motion to lay on the table was Mr. BATFIELD. Mr. President. I send The PRESIDING OFFICER. The Ben-agreed to.
. to the desk amendmani 1656 and ask that stor from West Virginia (Mr.Rawsos.Pa).
j Mr. HATFIELD addressed the Chair. it be made the pending business.
Mr.RANDOLPH.Mr. President Ihave Th1 PPERWhlO. OFFICER. The The PanamrNO ~ OFFICER. The often said- -perhaps too often, but I re-Senator from Oregon.. -.
mmandrnane will be stated..
post-that often. our digerences can be-Mr. JOHNSTON. Mr. President, will The =htant lesisistive clerk read as come our strengths. In reference to the.
l t
amendment passed by a vote of 83 to 0.
. th2 Senator yleid for a question.
' follows:
u.
Mr. MATFIELD. Yes.
The senator. frosa croson (Mr. Eman.n) there were at least six diferences that.
Mr JOHNSTON. Mr. President, I proposes an==wmant numberes less.
were addressed in bringing that proposal to the Senate. I think at speaks well for 4
}
know the Seator wants to lay down an Mr BATFIELD.I ask unanimous con-the ability of the Senate, on crucial mat-j amendment. We have a budget amend-
,,,g "that Mther nading be dispensed ters, to discuss these matters and to re-ment on this measure which I think is with, soln thesn. In this lastance, those who l
4 acceptable, which we should be able to The PREstiMNO OFFICER. Without worked on this m'nanhat sepresented j
. put up in a second. If we can do that. -WNit is so ordered.
the intenets of thme emnmittees--the adopt that amendment, then 'we can The amendment is as follows;*
Energy and Natural Resources Commit-through is and.' tee. the Environment and Public Works i
m ve to the amendment of the Senator l
Mr. BATFIELD. I am happy to yield dEIs, e
Committee, of which the able Presiding from Oregon.
u for that purpose, Mr. Presinient.
. In Y M of E N OfBcer is a member, and the Govern-T ta m mental ARairs Committee, through Sen-
.arate annount to provide for (1) the son, struction and operation of Federal away. ator Ot.zwn who ofered the original aassweasswv wo. teos Mr. JOHNSTON. Mr. President, the amendment. The result was a composite.
from-reactor interim storate faculties for Senate earlier today adopted Senate Res. opent rust from ettman nuclear reactors. (2) the result of the eRorts of the Senator alutiin 467, waiving provisions of the the disposal of such spent fuel or high-level from Colorado (Mr. HAnt), the Senator Budget Act for S. 2189. When this reso-radioactive waste from etetuan nuclear ae..from Ohio (Mr. OLawn), the Senator lution was considered by the Budget sivstles, and (s) the bandling and transpor* from Louisiana (Mr. Jonusvon), and the C;mmittee, they suggested amendments tauon of such spent fuel or waste. Amounts Senator from New Mexico (Mr. Dous-t2 5.2189 to comform it to the Budget appropriated under section 30s or otherwise wicI).
Act. Those amendments are contained in appropriated to carry out any of the pur-I only say that when this happens I printed amendment No.1905, introduced poses of this Act (except section 406 and acclaim the spirit of understanding Tsue VII. au charges under section 304. re.
by Senator JAcuson on June 20. I ask eetpts derived from the male of any re. which we will need as we work our way for immediate consideration of this processed fuel, and the proceeds from any through this very important legislation.
am obus* Mons laswd purnant to e*cuan 802 of I am grateful for the opportunity to 2
SIDING OFFICER The this utle sha be depostted into the account. add, not any substance to what has been amendment will be stated ~
on page 16. strike unes 21-23 and inurt in discussed during the debate and decision The assistant legislative clerk read as neu thereof: "the secretary may draw on on the amendment, but to commend the
- follows, such account to carry out the purposes of Members of this body on their ability and ne senator from 14uisiana (Mr. Jouw-this Act emeeps section 406 and title VI. Pro-the desirability of working our way in sToN), for Mr. Jacusow proposes an amend-eidad. That the secretary shau not com-agreements, where possible.
ment numbered 1905:
menos construction or acquistuon of any The PRESIDING OFFICER. The On page to. at the end of Inne 6. add the major nuclear waste faculty unless the spe.
. fru: wing new sentenos: "The authority of ciac expenditure of funds for the instiauon Chair thanks the Senator from West tus secretary to enter into contracts under of such construction or acquisition is Virginia.
this secuan shan be united to the extent espucitly approved by Act of congress."
er in such amounts as are provided in on page 17, lines 24 through 25. strike appropriatione Acts.".
"for the acquisition of an inserim away-QUORUM CILL On page 16. strive lines 19 and 20, and from-reactor storage facinty" and insert in insert in Iteu thereof:
lieu thereof "and any other appropriations Mr. STEVENS. Mr. President, I suggest
"(b) To the extent or in such amounts made to carry out the purposes of this Act the absence of a quorum.
as are provided in appropriations Acts.".
except section too and tiue VI".
The PRESIDINO OFFICER. On whose
- on page 20. on une 4. add the following on page ts. une s. following "erpenditure.".
time?
add *after the date of enactment of this Act, Mr. STEVENS. I ask it not be charged ns,w subsecuon.
shal take no appropriations are authorized to carry out the purposes of this Act except section to anyone's time.
efec o ctob 1 o Mr. JOHNSTON. Mr. President, the 406 and une VI unless the amounts appro-The PRESIDING OFFTCER. Is there amendment was just explained. I under-priated are immediately deposited into the objection? Without objection, it is so stand it has been concurred in on both account estabushed in secuan solta)."ordered.
on page 8. following line 21. insert "(7)
The clerk will call the roll.
sides. I ask for its adoption,
- maior nuclear waste faculty' means any The bill clerk proceeded to ca11 the' roll.
Mr. McCLURE Mr. President, the i
te storage o spe f Benator is correct. We accept the {scuit Mr. ROBERT C. BYRD. Mr. President, I ask imantmaus consent that the order The PRESIDING OFFICER. Is all poeal of such spent fuel or of high. level amendment.
radioscuve waste from civinan nuclear ae-for the quorum call be rescinded.
time yielded back?
urtues or for the handury and transporta*
The PRESIDING OFFICER. Without Mr. JOHNSTON. I yield back my time. con of such spent fuel or waste. which fa-objection,it is so ordered.
9 Mr. McCLURE. I yield back my time, cuity has a total esumated cost to the red-The PRESIDING OFFICER. The oral Government of 81.000,00o or more."
question is on agreeing to the amend.
The PRESIDING OFFICER. Who ROUTINE MORNING BUSINESS ment.
Fields time?
Mr. JOHNSTON.Mr. President. I yield Mr. ROBERT C. BTRD. Mr. President.
to such time as he may desire or the Bat-I ask unanimous consent that there now Mr. JOHNSTON. I move to reconsider Seld amendment to the Senator from be a period for the transaction of routine th? vote by which,the amendment was West Virginia.
morning bustness, for not to exceed 10 agreed to'CLURE. I move to lay that I think I can yield on the EatSeld minutes, and that Senators may speak Mr. Me therein.
amendment. I probably have more time mition on the table, The motion to lay en the table was ort that,sinceit is now the pending busi-The PRESIDING OFFICER. Without ness, than on the bill. Time is time, so objection, it is ao ordered.
agreed to.
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The Senate met at 9 a.m on the ez4 SENATE.TO sCONVENE J AT J 9. AE probably a ' mistake.'With.all his liabil$S..
T piration of the recess. and was caued to. g DAILT'THROUOH SATURDAY;..
ties, and he has plenty, in spite of the? ~
==
,.. order by Hon. Eowaan Zoatwasty, a San.f Mr. ROBERT Cl BYRD. Mr. Pmst may wau Mpasent me best chance Dem ;
weakness in me pous. President Carter..
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r.t mm the State d Nebuska.
. e' 7 dent, the sepate will meet at 9 aim.
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/d. 7 BAT 8a e..r~
- k r-'). :through 8aturday. is that correct? +
ocrats have of winning the Pasidency
' The Chaplain, the Reverend Edward YThe ACTING PRESIDENT / pro tem-- in 1940.
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We should not forget what happened q.:5.2 L. R. Elson. D,D, oEared the. following. pore.'Ibe Senator is cornet. -
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. with Harry Truman in 1948. We should
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prayer *
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not forget that his Ma=p-ney gives the.
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Almighty God,who at creation brought ' ORDER FOR THE SENATE *TO CON.c President by an odds the strongest posi g-
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Crder cut of chaos and revealed beauty VENE AT 9 A.M. MONDAY. TUES-tion from which to mn in a Presidential TE="'
and goodness and truth to man, brood"
- DAY. AND WEDNESDAY OF NEXT election. In the event of any dramatic in-E.'.=
cver 'Ihr creation in these chaotic times
.f WEEK ternational development that may occur tad help us to find in the march of his-in the next 3% months, the President.
tory the movement of Thy sovereign Mr. ROBERT C. BYkD. Mr. President, would become the iocus of decision and of
==
spirit. Take from our souls the strain and I ask unanimaus consent that the Eenate broad national support. This country of
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stress. and let our ordered lives confess meet at 9 a.m. Monday, Tuesday, and ours loves an embattled. gutsy, Harry the beauty of Thy peace. Sharpen our Wednesday of next week.
Truman-type underdog. The t'hances of minds, quicken our hearts that in tasks The ACTING PRESIDENT pro tem-a Democratic victory in November may 9i great and sman we may help shape the pore. Without objection. It is so ordered. not be good in any event. But under au 4
future in the pattern of Thy kingdom.
Mr. ROBERT C. BYRD. Mr. President, the circumstances they wiu be better with Keep us close to Thee, that guided by I yield my time to Mr. Psoxanas.
Carter as the Democratic candidate.,.
Thy higher wisdom, great burdens may The ACTING PRESIDENT pro tem-be lightened, the dif5 cult become the pos-pore.The Senator from Winannatn sib!2 and Thy kingdom set forward. And JOmmo THE WORI.D m THE NET sg finally give us the peace of those whose AGAINST GENOCIDE
- ~~,7 minds are stayed on Thee.
AN OPEN CONVENTION FOR THE Mr. PROEMIRE. Mr. President, a re-E25.# i We pray in the Redeemer's name.
DEMOCRATIC PARTY -
port prepared by the State Department (i
Amen.
Mr. PROXMIRE. Mr. President, a so. and the Council. on Environmental
[=
called open convention for the Demo. Qus!1ty warned President Carter last E ;.,
' APPOINTMENT OF ACTING PRESI. cratic Party would have as its sole pur. Thursday that:
DENT PRO TEMPORE pose the direct, explicit repudlation of
'rtme is running out for international ac.
The PRESIDING CPFICER. The clerk the win of the people. Delegates elected tion to prmns a starving, overcreased.
k that convenuon an hted not be ponuted.rmource-poor world.
,,"*h"$"' den p o tem cause of who the delegate is. his or her This dismal view of the future bodes..
(Mr.Macwesoft) judgment. Not one person in a thousand in for mankind. But the report holds
- Tha legislative clerk read the fonow. who voted in a primary election for out the hope that through uniSed in.
ing letter *.
. ExtrWEDY. Carter, or Brown could tell ternational action, man can postpone U.S. Sewatz.
you even the name of the delegate who his doom if not avoid it entirely.
Passinent emo vzaarons, win be r? presenting him at the conven.
I agree with the people who wrote that wastington D.C.,.rszy 2s.J980.
tion. The delegate has an absolute duty report. Through international ecorts we yo the senatet to vote, until released by the candidate, can make the world a better place to Unter the provisions of rule I, section 8.
for the candidate he was elected to live. And that is why I support the Inter.
cf th3 Standing Rules of the Senate. I hereb7. support.
national Convention on the Prevention
~ " ~ -
eppoint the Honorable Enwano 2.catusav. a The Presidential primary voter is not and Pimithment of Genocide.
~
Ef,73,,,'g g, ch electing an Edmund Burke or a Congress.
This treaty, which was drafted by the
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man or Senator to represent him on a. United Nations in 1949 sets up mess.
President pro sempore, variety of issues where the judgment of ures for halting the slaughter of racial, the terresentative must be exercised. be-religious, and ethnic minorities. It also
~ Mr. ZORINSEY thereupon assumed cause there is no way of ascertaining the provides for legal means of extraditing (i the chair as Act'ng President pro tem-judgment of the electorate. The primary and pimiehing those who commit "R. ~ pot 3-voter had a choice in mest states be-genocide.
tween the President. Jimmy Carter:
The treaty w!D not solve the problems RECOONITION OF THE MAJORITY Senator Trn Kaarttrov who, at.the time raised in the report to President Carter.
LEADER he entereu the primaries, was by all odds But it is a step toward uniting the na-c.=;.
Th3 ACTING PRE 3IDENT pro tem-the most popular figure in the country: tions of the world in an efort to imprrwe
~
and Gov. Jerry Brown, the Governor of the condition and quality of life for au pore. Under the previous order. the the biggest State in the Nation, who hs.d human beings.
E mtjority leader is recognized for not o exceed 2 2ninutes.
been elected twice by resounding major.
More than 80 other countrier have al-ities to that position and who had won ready ratified the Genocide Convention.
. Sve State Presidential primary-elections They believe in the value of international THE JOURNAL in 1978. President Carter had tough pr!- cooperation, which is essential to com-
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mary opposition. He defeated that op-bating a problem such as genocide. We J
Mr. ROBERT C. BYRD. Mr. President, position convincingly. There is no way too have shown enthusiastic support for I ask unanimous consent that the Jour-to justify repudiatmg the President if international cooperation in the past.
EL
. n&l cf proceedings be approved to date. Presidential primaries are to have any That is why I am surprised that for 31 5"
Th2 ACTING PRESIDENT pro tem-meaning whatsoever.
years we have refused to become a party
~
. pore. Without objection. It is so ordered.
And from a practical standpoint it is to the Genocide Convention.
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t5 e This baller" symbolidentines sistements or inseroons which are noe spoken by the Member on abe Acor'.
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',,.. agenes. gttaelmas.et.Plectane's WSalderation of the pmH11ng businMs. which *ake is that-th3-bin would permit'niana WC J
"L. me anna, are a lot et bunk "erau pubne ana. ea-d = ai c.w. iu be stated by tius.
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io carry oui an - of the act es.me
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had gene
't A blu (8. 21ee) to estahuan a program for 4ept thcee made under section 308 whichi - > '
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%',udF outende UA's Aa&d and had - Feeeral storage of apont fuel from emuan must be deposited into the Socount.1 ple needleanly, hurt the once nucasar power planta, to aet forth a Federal My amendment prohibits appropria-agames sooner chemtona and stven tne en-poucy and initate a program for the dis
- uons from being made to carry out the tan sovernment a.bleen eye..
posal nuclear waste from cMuan actMa purposes of the act, except for R. & D. and 2
In tae view of severat people at DA and una, or er purposes.
j, the low-level waste study of tius R w Jusues, the government already had a blach ' The Senate proceeded to ' consider the less such appropriauons are immamaw
.F eye nam not movtag sooner -Nobudy wanted rbul.**
17 deposited into the account. mmHngN h8
Mr. ROBERT C. BYRD. Mr. President. them subject to the conditions of the @
6 h vy as turf ba*u I'suggest the absence of a quorum. and I account. Including the fact that ~they6 b an EPA source who wee involved from me beginning. -Noboer wanted to do it, but. ask unanimous consent that the time be would then be completely reimbursable 3
- any esen s want us to de anyming eather." charged equauy against both sides on the to the Treasury with interest.
- -M M.Q.
man et NIERS enid in an.interrbow that. bel.
'Ihe third diference and impucation reguistory ageneses the EPA han "a esem-The ACTING PRESIDENT pro tem-of this amendment is the bill allows the -
4 tag eemases of internet"in doms research on pore. Without objection, it is so ordered. Secretary to draw on the-account for wasen.ney men base resuantaana. Dr. Ou* O The cierk win can the roll.
- whatever he deems.necessary to 'carryWMY
@th'and The blu clerk proceeded to call the rou. out the purposes of the act. In that the at the of Management and Budget. eaad EPA had re.
Mr. EATFIELD. Mr. President, I ask act provides broad-brush authority for sponettuity for enetronment wort and the unanimous consent that the order for the Secretary to take actions to trans-menath and numan servtome Department for.the quorum can be rescinded.
Port, store and dispose of wastes, which.
henta wort. and 2 shing thate an appro-The PRESIDING OFFICER (Mr. Ds* would includs. I presume. construction of praate dietsten of labor "
CONcIN1). Without objection, it is so or-major facilities and systems cost 1BK mil-EBS Secntary Patricia Robert Harris de*
dered.
,11ons of douars. I bellere there should be th[*j'g"3danna Mr. HATFIELD. Mr. President, what is a congressional check at the point of ini-1 us yesterday to work out "an onrau operational the pending business?
tiation of any major construction er ac.
arrangement." neports that Ena (formerly The PRESIDDiG OFFICER. The quisition. and this check will be an ex-EEw) had been pluctant in the poet to do pending business is S. 2189, and the plicit approval of an expenditure of health studies on the waste d mps EPA was pending question is the amendment of funds for such initiation in an appro-anding enry day were esaggerated, she said. the Senator from Oregon.
priations act.
-ons of ce thinse we tatted about tocar Aasswonaurr no. seas us mostrzzo)
Now, in efect. Mr. President. my I
Naponsin to his res-u'lah n'eede " h Mr. EATFIELD Mr. President, the amendment seeks to clarify not only the The overall diference in approach was Purpose of my. amendment 1655. as authority of the Secretary as granted in summed up by Justice's James Moorman, modi $ed, remains as I stated it on Feb, the bill which. I believe. Such broad-head et the land and natural resources dirt. ruary 6 when Iintroduced it. It provides based authority could include and incor-atra. which is prosseuting sooner chemical: that an obligations of the special ac-porate the speciacs of my amendment "When you set an answer to the quartson count established in this bin will be cov-but do not necessarily require it or ad-ycu sat. the government has to act because ered by charges to the generators of the dress that point, but my amendment N w* hays" req' to get the anal in, nuclear waste; that the expenditures clarines that the operation should in-swer that the scientists want.~
from the account and, therefore, the clude construction and the operation of And back at Ian canal, homeowners
- aemo-charges to the generators win cover au the AFR's.
clation president Lois Olbbe was bitter. "We civilian waste management c.ctivities un-Again. I believe. Mr. President, that h2,e reauy been jerked around on this." she dertaken by the Government. including the basic principle in this amendment is natd. "We no longer trust the government." all handling and transportation and the a sound one. I would remind my col-Mr. SCEMITT. Mr. President, I sug. construction. operadon, and mainte-leagues on the committee, the Senator gest the absence of a cuorum, nance of au facilities for storage or ulti-from Louisiana and the Senator from The ACI'ING PRESIDENT pro tem. mate disposal
- that any appropriations Idaho, that in efect we adopted this very pore. The clerk will call the roll.
made for such activities wiu go directly principle in the Northwest energy h!H.
The b111 clerk proceeded to call the into the account and be completely In that bin. if the senators recau when
.roH; reimbursable to the Treasury with inter-we were maktng a determination on how Mr. ROBERT C. ETRD. Mr. President, est, and that expenditures from the ac-to set a priority of energy development I ask imantmous consent that the order count will be subject to congressional for the Pacific Northwest under a 5-year for the quorum can be rescinded.
controls through approval in annual ap-proposal made by the council in that bill.
The ACTING PRESIDENT pro tem. propriations acts.
. we set the priorities in such a way that pore. Without objection. it is so ordered.
In that Congress may decide to make they would have to go through a cost such approval in very general or very analysis. In that cost analysis as it re-speciac fashion. I have left no doubt lated to nuclear power. It had to incor-
. ROUTINE MORNING BUSINESS as to the explicit approval necessary for porate all of the costs, the true costs, of Mr an expenditure of funds speciScany to that operation which included the I ask' ROBERT C. BYRD. Mr. President, unanimous consent that there be initiate construction of any mafor waste handling of waste disposal, transporta-a brief period for the transaction of rou, handling or storage facility.," Major" is tion, storage, and so forth, and the dis-tins morning business, not to extend be. denned as costing 81 minion or more.
mantling cost of such reactors when their ytad 10 a.m and that Senators may Mr. President. I think the theory of life term expired. And that was incor-speak during that period.
fuu cost recovery principle is a sound porated as a bas!c principle in a fair cost The ACI'ING PRESIDENT pro tem. one which this amendment embraces. I analysis of what energy really was going pore. Without objection. it is so ordered. would like to go into now some of the to ultimately be priced at for comparative comparisons and diferences with the ex-bases there with other sources of energy.
1 sting bin to which this amendment So this is not a new principle. This CONCLUSION OF MORNING would apply.
committee has studied this principle be-BUSINESS The bin states the account win cover fore and acted upon it in an af"Lmative operation of spent fuel storage. transpor-way in the Northwest power base.
The ACTING PRESIDES *I' pro tem
- tation and disposal. My amendment So I think it is a sound principle that pore. Is there further morning business? clarines that this includes construction would be just as applicable to this bin If not, morning business is closed.
and operation as weH as AFRs. and &H that we have under consideration and I costs of transportation. ham *% long-would urge its adoption. Mr. President. I ECLEAR WASTE POLICT term storage, and ultimate disposal of reserve the remainder of my time.
wastes.
Mr. JOHNSTCN addressed the Chair.
Ths ACTING PRESIDENT pro tem.
Another contrast or modiScation to The PRESIDING OFFICER. The Sen-pore. The Senate win now resume con-the biu that this amendment would stor from lowana-
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" * )"?tW Mr. JOHNS' ION.,.Mr. President: with' <f these existing facilities.'The power ths it. has yeazh c.fter year >with1-no attes -
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the principle that the Senator from Ore-fiezibuity of negotiation, is still within : selected.-
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. son enunciates, we have no difBeulty. As the. DOE. The bul does not specify, doess So if the Senator would give4us the a matter of fact..the principle of full 'it? It merely indicates that it is au. authority to go out and acquire the sites cost recovery is one that we thought was thorized. There is authorization granted without enmine back. if the Senator incorporated in the bin. The language in the blu to acquire such an existing desires, we can name these three sites.
3 which we have provides for the one-time. faciuty, but it does not designate that Mr. HATFIELD. May I suggest that payment of cost sufBelent to cover trans facility.
we have the can of the quorum and get C.portation. APR storage, as wou as any -.Mr.JOHNSTON. Well. the Appropria-together for a moment, because I think 4 *. permanent or long-term storage. So it is Stion Act would have to do so.
we can iron out some of these problems.
.L
@certainly our intent to incorporate that Mr. HATFIELD. Yes, the Appropria-what I do not think are insurmountable
% ' concept, and I beneve it is incorporated. tion Act. But that would come after the problems, and get this amendment taken "A
in the bul.
s...:.. :..
DOE pad made its negotiations and had care of very quickly that way.
4u
- w,Now, to the extent that we have im..made its justiacation before the appro-Mr. JOHNSTON. I thank.the Sens.
ter. I hope that' we ceuld3 **
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~ '. perfectly achieved that goal, we are more priation for such moneys. would it not?
than willing to talk about.how to get it - Mr. JOHNSTON. In the case of the Mr. HATFIELD. Are there any other
- - done..
~
"t AFR. it was our hope,in tbs Appropria-problems the Senator ' has with 'the 7,-*.".'7I must say that there are some@ robe ti.ons Committee, to include money for amendment, other. than the.ones we lems, though. with this amendment the acquisition of an AFR site but not to have already discussed?'
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- which I might discuss with the Senator. name the location,in order to give them Mr. JOHNSTON. We have ' ome other s
I would lhe to be able to work it out with that flexibility to acquire whichever one small things.
him so that we can have an agreed they could work out the best deal with.
Our problem would mainly-be. for amendment.
If we could exempt AFR from that and example, where it says we must have a IAL me tell the Senator what some of ' be sure that what we are really talkinr one-time payment to carry out all the our problems are. First of all. It provides about is anything beyond the first AFR costs associated with this act. We now.
congressional approval of any expendi-and, thereafter any long-term money have miutary waste referred to in the ture of funds to acquire or construct any toward retrievable or a geologic site act. We want to be sure what the Sena-major nuclear waste facility. that being would require authorization and appro-tor is talking about there before we say deSned as over $1 minion.
priation. I believe we could put this all purposes of the act. I do not think Now, this could be subsystems. It could amenc ment together on that point.
the Senator means to carry the cost of e
be handling faciuties. It seems to me Mr. HATFIELD. I want to work with. military waste in the civilian program.
- that what the Senator wants here with the Senator to modify this to be accept.
Mr. HATFIELD. No. we do not.
respect to a nuclear waste disposal site able.
Mr. JOHNSTON. I think there is is an authorization and an appropna.
Imt me point out,if I understood the mainly a sort of drafting problem.
tion for the site, but not with every little Senator correctly I think we are dealing Mr. HATFIELD. All right.
subsystem.
here with the basic principle of legis-Mr. McCLURE. Wul the Senator Mr. HATFIELD. Yes. Wul the Senator lative process. I reany am not sure that yield?
~
yield at that point?
I can go along with the Senator. It seems Mr. JOHNSTON. I yield.
to me that what we want to do is to give Mr. McCLURE. I thank the Senator Mr. JOHNSTON. Yes.
Mr. HATFIELD. The Senator makes authorization. as this bill does, to the for yielding.
a very excellent point. I am not locked DOE to go out and negotiate. But I be-I think the suggestion of the Senator in at all to that minion-dollar figure. We lieve the DOE ought to then be required from Oregon that we perhaps have a were trying to get a criterion established. to come to Congress with a specinc pro-brief quorum csu and try to work out Maybe $5 minion would be more appro-posal that they have negotiated in order some of these language problems we have priate. I do not want to get into the to get the appropriation to make the pur-received is valuable, and I think we can things the Senator brought up. That is chase, perhaps do that. However, before doing not the purpose behind the amendment.
I do not believe that we ought to fund that. I might express a couple of points Mr. JOHNSTON. Second, with respect that purchase before we have had a full now. so the Senator from Oregon can to AFR's.ms the Senator knows, there are review in the appropriations process and understand where I am coming from/
three principal existing tites which are had the full justiacation of that pur.
First I want to agree with the Senator being proposed for AFR. These are chase.
from Louisiana that we hoped we could.
Barnwen. S.C., Morris, In., and West Does the Senator agree or does he dis-by some means in this bin, authorize Valley, N1 The contractors in each area agree with that basic idea of legislative enough so that the Appropriations Coma are most anxious to get the Government procedure?
mittee this year could make the start to take over these sites for the purposes ' If I understood the Senator a shile on the AFR. We are already too late to of AFR facilities.The people at Barnwell ago, he wanted to make a lump sum meet our needs. We are going to run into think their site is particularly suitable. money or appropriation of some money some trouble. I think we need to expedite If we come in at this point and spe-for the DOE to go out and make the that even to the extent of perhaps doing ciScany authorize the acquisition of one negotiated arrangement to make a pur-something in a diferent context we of those named sites.if we make the de-chasa. I am suggesting that we author-might do diferently because of the ur-cision, the first thing we have done, I ize the DOE to make such negotiation, gency of getting it done now.
think, is to make a political decision out but then require the DOE to justify the We all know we are going to have to of something that ought to be a scientiac amount of money for that purchase do some reracking at commercial reac-decisionc through the appropriations process.
tors in order to get the fuel changes Second, and perhaps most important.
Mr. JOHNSTON, Frankly, we have made that are already required by the we take away any negotiating power of not worked out an of our language in operating schedules. I do not imply that DOE. If we give to DOE as we have in the Appropriations Commit *ae, as the there is anything dangerous in what will this bul, the mandate and the authority Senator knows, since he is on the sub-be done. I do not :nean that at all. But
~
to go out and acquire an AFR site and committee. We do not know what Con-I do suggest that what we are trying to
. anow them to bid among these three, gress is going to do on this blu yet and do is not economically eficient, and in they can get a much better deal fcr the this may afect it.
some instances, before we complete an Government.
But our tentative intention is to put AFR. we may wen run into the necessity So if we could exempt this Mrst AFR in sogne money. not the full amount for of either doing somethtng that is not as from that requirement of specine au-construction for AFR but put in some safe as we would desire it to be, or that thorization and appropriation. I think it money this year necessary to.get the we close down nuclear operating plants, would be most helpful
' process started so that the site can be I do not'think that is the desire of the Mr. HATFIELD. I, perhaps. have a ht-selected this year. We want to give the Senator from Oregon. It is certainly not tle diferent reading of the bill than the DOE the mandate and the authority to the desire of the Senator from Idaho.
Senator. I do not believe that the bill go cut and negotiate. Unless they have So we do need to get started. I think in spectnes, other than it may acquire one that authority, it is going to go on as that context I haire these suggestions n, -, -
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- eencarning th2 language of the amend-dhe charge win be whatever the charge.there is such a calculationithis amend.'
. mant.
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. ment, by its terms, would require spectSc As I understand it, under the amanti.
Mr. BATFIELD. If the Aanalm will authorization before the multary ac-ment no money could be expanded unless yield, the Senator is precisely correct tivity could be undertaken because it had Arst been paid into the fund and about that as far as what my intent is. it might end up being a portion of the
' then tppropriated out of the fund by We are not trying to set up the ultimate cost recovery. I do not think that is the spec 1Sc authorization and speciSc ap. or Anal criteria on what that should be intention of the Senator from Oregon..
pr:Dristica.
based upon, but we an talking about the Mr. BATFIELD. Mr. President, what Th3 Senator has already responded to anal costs, whatever they may be. nat 'is the time factor?
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The PRESIDING OFFICER;no Sen '
asked about muitary expenditures, but Mr. McCLURE. And if we 30 one way stor from Oneson has a Utue less than s
there are others,too, because the amend > the debate is going on one side of that 38 minutes=== **=.ne n-sta, from -
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ment in its terms is broad enough to in-issue. If that is what Congress should I4uisians has 25 minutes r===** ' '
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ciud2 all funds of au Federal agencies ulumstely decide, that there be a single Mr. HATFIELD. Mr. President. Mit is -
s that might deal with this question. That charge. if that is what Congress ulti-agreeable to the managers of the bin.
'+
would include the Nuclear Regulatory mately decides to do, that single charge. I suggest that the call for the quorum be r'a== t==ian. EPA. CEQ. DOE. and would be the only charge that the Sena-
- moneys that might go to State planning. tor intends to be covered by thisc '
~ charged equaHy to both sides at this '
scinte ev
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c:unctis under this legislauon. I do not Finally. I am not quite sure what the Mr. JOHNS'IVN. Mr. President. I am
- think that is the thought of the Senator term in the amant'mant means when it wondering if the Senator from Oregon from Oregon.
says expucitly approved by act of Con-would agree--as far as I am concerned.
Mr. EATFIELD. If the Senator will gress. Explicit approval could require I am willing to let staff so ahead and
. yield on those two pointa- --
another authorization as wou as another work out our arrangements and perhaps Mr. McCLURE. I am happy to, appropriation. It also could be either go to the next BatSeld amendment.
Mr. HATFIELD. On the Srst point, the authorization or an appropriation line Th.re are some of the other EstSeld Senator is quite right. We do not intend item. I think we need to be certain what amendments that we hope to be able to to put this whole operation into a strait-we mean by that term.
accept and work out. If the Senator pre-jacket.
Mr. HATFIELD. The Senator raises a fers that, we can proceed with those.
Th3 Secretary could borrow from the very vaud point on that issue as well. I Mr. EATFIELD. I thint that is an ex-fund. There is that Sexibility that we would say that it would be the intent to ceHent suggestion, nen we can expedite want to preserve, so that the Secretary make that a line item in the appropria-the whole procedure here this morning.
has the opportunity to borrow from the tion, rather than having to go through Mr. President. I ask unanimaus con-fund and to make those decisions.
both the authorization process and the ~ sent that the pantting amendment be Th3 second is no, the Senator is quite appropriation process to simplify it and temporaruy laid saide..
right, we do not intend to make this that keep this as efBeient an operation as The PRESIDING OFFICER. Without
- broad, that we include militarF or make possible.
' objection the pending amendment win this an encompassing. What we are try-I merely want a congressional involve-be set aside.
ing to do is to put in some parameters ment here, periodically, at least, in order aasswouxscr wo. tese us woomuni cr some clarification as to how we felt to have a review and have that vehicle about it, some clartScation as to the ex. provided in the appropriation process.
Mr. EATFIELD. Mr. President. I send tant of the operation involved here. I do. So it would be a line item in the appro-an. amendment to the desk and ask that not think there is a real conflict between priations.
it be immediately considered.
ne PRESIDING OFFICER. ne
' thm Senator from Idaho and myself at. Mr. McCLURE. I thank the Senator, amendment w.D be read.
'least en those two points.
I have one final question. I think the Mr.McCLURE.I sppreciate tM state-suggestion of the Senator from I.aul-The assistant legislative clerk read as fonows' mint of the Senator from Orer Ithink stana could be exp9dited at this point m bator from oregon N. BAm we can work those out. I think we under-by having a quorum call, getting our stand each other and I think these prob-heads together, and seeing if we can proposes an amenoment numberee tass, as modined.
lems can be worked out.
work but the language.
I might make reference back to the Some of these facilities are going to Mr. EATFIELD. Mr. President. I ask PnciSc Northwest Power but ne Senator be jointly used. Particularly, materials unanimous consent that iurther reading may recan that at the time that amend-handung may weu be used to handle be d.ispensed with.
j mtat was debated and adopted I raised high level muitary and siso commercial The PRESIDING OFFICER. Without ths question that it seemed to me we waste. I think we are going to have some objection. It is so ordered.
were prejudging an issue which had not problem either in detnition terms or in The amendment is as follows,.
yst been before the Congresa, which had donar amounts or in separating out what on page it, lines 23 and 24. strike " pro-not yet been decided. That is the queetton anocation should be made. That is nog cu
,,r, rom ga spt of trhtt kind of a fuel charge is going to insuperable but I think perhaps we inetulung, reprocessing of such spent fuel it be made to the commercial entities. There should address that too, as we are dis-such reprocessing 1s uncertaken in the is a dibate about that and I think that cussing this amendment.
United statas;".
d1 bate is not going to be resolved in this I thank the Senator from LWaa legislation and should not be. But what-Mr. EATFIELD. Wul the Senator yield Mr. EA Mr dent. this ever that. charge is it is certainly going on that one point?
to be funy recovered, and I think the Mr. McCLURE. I yleid.
should not have to design or build a Senator from Oregon and the Senator Mr. EATFIELD This would have to storage faculty to accommodate yggan Irom Idaho are in agreement about that, be done anyway under the cost cucu-reprocessing wastes g rep r
But there is a debate going on as to how lation procedure. It seems to me that powerplant spent r
that charge should be computed.
within that procedure we could extra-undertaken in I believe there can be no doubt that polate that pertinent information that Mr. Pr th3 method by which the computation might apply to these other groups or int of dment more clear. I is carded out and completed has a bear-such other entities.
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Mr. McCLURE. If the Senator win fy 0513E ewtem! change by making Because I think it is premature for us yield further my earnest concern is this:. [m,g, as period in line 4 a semicolon.
to be cble to determine what that charge The Senator said it was not his intention would be, we have to be careful in what to apply this requirement in this Icgisla-
"rhe amendment was so modi $ed. ~
we do both legislatively in the language tion to that which might be a military The modifed amendment is as of th3 legislation and in the legislative program. I agree with that aim. But if it-follows:
history, that we do not imply that we handles commercial waste on which on paee 11. unas 2s and eirske ha,e,re3udged that quesuon. and that there wouid be. cost re overy, even u
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]_ }$[IS10053 Y or" and **;". and ' insert'at the end ' f time 24 something.'we can accommodate that.
Mr. HATFIELIiWe do not preclude it o
". incluates repw-mg of such spent fuel I certainly agree with the thrust of the. in this amendment, either. We have no tr suca reprocessing is uncertaun in the amendment of the Senator from Oregon. intent to address that issue because that Mr. HATFIELD I thank the Senator is a part of the cost factor. Then it United states;".
from Idaho would be, of course, found in the cos*.
Mr JOHNSTON. Mr. President we have 'some dificulty seeing what changes Mr. President. I am ready to yield back analysis. I suppose, as to what the are this makes in the bin. Could the Sen. the time t.n the amendment.
going to aHocate that additional cost
'stor explain what the change reaHy is?
The PRESIDING OFFICER.Is all time f actor to the miutary. But that does not My question is. Is the 1only intent of yielded back?
involve itself here in the design of,the this amendment to proSide that the Mr. JOHNSTON. Mr. President, I ~ facinty.
nuclear waste disposal facility,can ac. suggest the absence of a quorum.
Mr. JOHNSTON. Let me ask one more i
The PRESIDING OFFICER. The clerk question, and then I wiu yield to my j
commodate only reprocessed fuel if re..will call the rou.
friend from Idaho.
processed in the United Statest J
Mr. HATFIELD. Exactly. Otherwise.
The assistant legislative clerk pro-So that the only efect of'this amen 6 we do not ieel the reason to add the eeeded to can the roH.
ment is that when the f acility is designed,'
economic factors there to design it for Mr. JOHNSTON. Mr. President. I ask they shan design it in mind for the re-that if that is not undertaken...
nnnMmous consent that the orderjor processed waste.. if any, stored in the Mr. JOHNSTON. I am informed by the quorum call be rescinded.
facility, shall -be reprocessed in the stac that there is a sman amount of The PRESIDING OFFICER. Without United States as opposed to reprocessing reprocessed fuel from civilian activities objection. tt is so ordered.
abroad?
from inside the United States in exist.
Mr. JOHNSTON. Mr. President. I have Mr. HATFIELD. I wonder if the Sen.
ence now and this amendment, of a question or two for the distinguished ator would repeat his statement.
i course, would not prevent that from. Senator from Oregon.
Mr. JOHNSTON. Yes.
being sold?
My question is this: The language First of all the only erect of the Mr. HATFIELD No; because that seems to talk about the design of the amendment relates to design and not to would be-if the processing is occurring. facility. Such facility shan be designed the use.
that is diferent. But why design these fer, and then we speak of what they are Mr.HATFIELD.That is correct.
if reprocessing is not in progress?
designed for.
Mr. JOHNSTON. And, second. the Mr. JOHNSTON Mr. President. sub-Now, is this intended to be a limitation Senator does not preclude the storage of ject to the comments of my dist!n. on use or a limitation on the design?
either military or reprocessed waste in guished coueague from Idaho. I am Mr. HATFIELD. The design. We are the facility. It is simply that he wants to i
willing ~ to accept this modification.
not reprocessing before we actuaHy make design it so that if reprocessed wastes
~
Mr. McCLURE. Will the Senator that determination but requiring it to are stored in the facility, that they be yield?
be orporated on design. It is under United States reprocessed waste.
Mr. JOHNSTON. Yes.
the <gn section.
Mr. HATFIELD. Th's Senator is cor.
-Mr. McCLURE. My concern is this.
Mr. JOHNSTON. So that, reaHy what rect.
Mr. President: If the thrust is to get at the Senator is tall:ing about, it is the size What we are really trying to :1o here the reprocessing of commercial fuels. I of the reactor, since there would be no is require the decision on reproceastng to have no question concerning it particu-diference in the design of reprocessed be made prior to the design, that if that larly. But we do have some nuclear waste. whether reprocessed within or is part of the program.if we want co, that materials from outside the United States without the United States, that would is fine.
that are associated with research activ. not really afect the design?
But I do not think we should have to ities. which would seem to be covered Mr. HATFIELD. Not afect that which prejudge the question of reprocessing by the laneusee in this amendment.
is alreaty in operation.
Mr. HATFIELD. That is just what we What I am trying to do, as I read the across the board.as if it would be.ap-phd in m case.
were commenting on with the majority wording of the bin today, we are pre, manager: that is, that reprocessing that judging the question of reprocessing in Mr. JOHNSTON. I might say that we is occurring now would, of course. con-the design section of the bin. I am, have language in the amenciment to the tinue to occur. But the point we are try-reaHy. wanting to remove that prejudg. efect that the facility should be designed ing to make here is why require, why ment. that that. remain open until we to accommodate beth spent fuel rods and impose this upon other facilities if they make that determWtion, and if there is reprocessed wastes interchangeably. This are not in the process of reprocessing? already that determination for reproc-would not acect that provision?
Mr. McCLURE. If the intent of the essing, as we are doing in certain areas Mr. HATFIELD. I think I can, maybe.
amendment is to leave the question of. that continues.
. clarify again the decision on reprocessing in the There is no imphcation there at aU Let me start on page 11. if the Sen-United States neutral. I share that.
Mr. JOHNSTON. Let me say that I am ator would follow me on page 11 be-Second. if it is designed to preserve very much in accord with the Senator ginning at line 19:
the efect of what has become known as from Oregon on the question cf reproc-Buen faculties stall be designed to-the McClure amendment with respect to essing.
(a) accommooste spent fuel from etrillan the return of nuclear materials from The advice I received at this point is nuclear acttrates without reprocessing, as overseas for storage in the United States, that it is probably not economical, aside wen as the hign-level radioactive waste--
I also support that, of course, from other considerations, to reprocess Then we cross out*
Mr. HATFIELD. I think that the neu-at this time.
"P I
'P' trality to which the Senator refers is But I believe it ought to be an open r.
precisely what we are doing here. We are question and we do not want to prejudge not prejudging it in favor of reprocess-that question in this.
And then it wouli then read:
ing, nor are we prejudging agamst re-Second. on military waste, it is not As we3 as the high level radioactive wastes processmg.
the intent to preclude the storage of mill, frem all cirfitan nuclear acur:tten. Includ.
Mr. McCLURE. We are really talking tary waste in such facil!ty, is it?
Ice reprocessing of such spent fuel if such here not about the peripheral associated Mr. ENITIELD. No. This only covers #'P,ryessing tz undertaken in the t'ntted 3;
waste materials that may come from the civilian nuclear plants. Consecuently.
other activities. but not reprocessing of we are not addressing the question of Mr. JOHNS"f0N.My confusion is that commercial fuels?
mihtary at an.
I do not see how the designer would Mr. HATFIELD. Exactly.
Mr. JOHNSTON. I do not believe we take this into consideration. Would it be Mr. McCLURE. What we reaHy are had a prohibition in the statute as to the larger or smauer?
talking about here is the commercial storage of military waste and maybe we I mean. we are going to design it for fuels question?
.have a first-rate civilian nuclear repost-both reprocessed and nonreprocessed Mr. HATFIELD Precisely.
tory where they would want to put in waste, am I correct on that last state.
Mr. McCLURE. I tMnk with that his-some military waste. We do not preclude ment?
tory, and maybe with a word change or that.
If we are going to design it for both. I
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. CONGRESSIONAL RECORD--SENATE 4
do not see what directions this would So we are dmiqmimr a faciuty that is Not being a lawyer. I suppose I do not '
giva to the designer.
going to be used over a good many years mutinate the language as much in ita I mean, how is that design going to be in the future. But if we exercise the processing or reprtcessing.
diferent if the reprocessed wastes stored reprocessing option at some time in the Let me read it again, because I think near future, we will then have to design the Senator from Louisiana has caught there are reprocessed in the United
- and build an entirely new and separate the whole essence of this:
States orin Germany?
Mr. HATFIELD. We are designing it structure. perhaps, if the design has to such faciuty aban be designed to accom.
only for reprocessed wastes if that has go that way.
mooste spent ruel from erutan nueur se.
been a decision. We are not prejudging I do not want to prejudice this de. ttvtues witbout reprocessing as wen as the the reprocecsing now. Otherwise, what civ.on about reprocessing, and I do not high level radioneuve wasm from ohr 4
ws are doing in this biH, and correct me believe that what we are trying to do cuman nudear acmes, inducing reproc..
if I am wrong, as I read the bin in its here is designed to do that; but it seems "81ng of such spent fuel u suca reprocese.
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present wording, we are prejudging the to me that wie should be given au the whole issue of reprocessing and we are latitude to design a facility which is ap.
I do not believe we_ are prejudging, incorporating it in the design of this propriate to the uses we now have. To and we are leaving neutral and moot 4
'Whole (peration.
the extent they could do so, without the question of reprocessing. But if it is Mr. JOHNSTON. No.
changing the design, increating the being undertaken, then we design it for Mr. HATFIELD. I would much rather cost, or prejudging the issue, they should that. It says *"in the United States."
1;t that issue remain moot and neutral be able to incorporate into that design I do not want to get this into the busi.
untilre get to that point, whatever might be necessary if we ex. ness of trying to become the center for Mr. JOliNSTON. I am very much in ercise a reproceuing option during the the whole world in this1 natter, cccird with the Senator. We do not know lifetime of this facility.
Mr. McCLURE. I agree.
whether we are going to reprocess, or not.
It does not seem to me that it would Mr. HATFIELD.We may have to, in We do not want to prejudge that issue, make good sense to go ahead and build parts of the friendly world. later on.
We want facilities to be designed to be a facihty that could not be used if, as and that is nne. Let us face that issue at interchangeable. can use reprocessed a matter of fact, this technology was that time. as a separate issue, waste or nonreprocessed waste, physically necessary-if there is that Mr. JOHNSTON. Mr. President, with I d2 not think there is, basically, any distinction-that could not be used to that expiration. I beneve we are pre.
diference in the design of a fac1Uty that store reprocessed wastes if that deci. pared to accept the amendment.
contains reprocessed wastes or nonre, sion is made.
Mr. McCLURE. Mr. President, will the
' processed wastes. We stin have the same.
If we freeze the design so that it can-Senator yield?
It mny be a little easier to dispose of re, not be designed to take that into con-Mr. JOHNSTON. I yield.
processed wastes if, particularly, they are sideration, we are not being neutral.
Mr. McCLURE. The Senator knows in vitriSed classiSed form.
cither.
that the amendment I ofered earlier, on Mr. HATFIELD. The Senator if I un.
I do not want to prejudge this. I other legislation. requires express con -
dirst nd correctly, wants to design these beneve that decision w1U have to stand cressional approval for the return of facilities to accommodate reprocessed on its om What we do or do not do radioactive wastes for storage in this waste when we have not even determined here may not afect the debate. but it country from outside the United States, if we ere going to have reprocessed waste is going to deter ~ine the decision. It I believe the Senator from Oregon knows Mr. JOHNSTON. It would be either/or, does not strike me as good sense for us that I am very much in agreement with Mr. HAnLD. Then, he has pre-to design a facility now and say you him on that issue.
judged the whole proposition of re-cannot consider the possibility that we If I understand it, as the codoquy now processing, might exercise the other option during has evolved the design can take into Mr. JOHNSTON. I do not know what the lifetime of this faciHty.
consideration that possibdity; but there you would add to a facility to handle re.
Mr. JOHNSTON. As I read this amend-
's not going to be any storage untU such procused waste that you do not have with ment. it does not preclude designing time as the reprocessing decision is made spent fuel rods. I beheve the diference space for handling the reprocesemg of by Congress.
would be with respect to the kind of can, of wastes, provided such wastes are Mr. HATFIELD. Exactly.
6aintr you would put it in.
reprocessed in the United States. Under Mr. McCLURE. With that understand-Mr. McCLURE. Mr. Pzcsident, will the this amendment, you cannot design a ing. I have no objection to the amend.
Senator yield?
facility to accommndate foreign re. ment, and I a= prepared to accept it.
MI. JOHNSTON. I yield.
processed wastes, but you can provide The PRESIDINO OFFICER.Is au time Mr.McCLURE. I thank the Senator for space for domestic reprocessed waste.
yielded back?
yielding.
Mr. McCLURE. I cannot read it that hir. JOHNSTON. I yield back the re.
My dinculty is this: I understand what way. It says:
mayder eg.y time.
Om O-W m.
ticg'.,y greems to the amendment, the Scnator frem Oregen wants to do, such faculty anan be designed to accom.
-and I do not disagree that we should be modate spent fuel from carman nuclear ac.
en Amendment (No.1650, as modi-as neutral on this issue in this blU as is tmues witneut reprocessing a.s wen u the high level radioactive wastes from other Sea. was agreed to.
possible to be. But our problem is this;.
There is a deferral on the decision of re emnan nuclear acumin, tncluding reproc.
Mr. HA.n.c a.D. Mr. President. I move processing. That is a deferral that has
- $5ing of suen spent fuelif suen reprocessing to reconsider the vote by which the undemen in m hd h amend nent was amd h been announced by the admi%tration It 13 an action that has been acceded to"in Mr. JOHNSTON. The question is, what Mr. McCLURE. I move to lay that motion on the table.
Congress. There is a deferral now, but it does "if" mean? "If" means that pro, is not a decision not to, and it is not a vided the reprocessing is undertaken in The motion to lay on the table was decision to go forward. So we are in a the United States, you can store them agreed to.
m kind of neutral limbo on the issue of re-there.
^ " " * * * "
2Hm Mr. President. I send processing-Mr. McCLURE. We ar* not talking an amendment to the dest.
What the Senator's amendment indi-about storage We are tahg s. bout the
- esign of the 5acility*
D cates is that, even though we might a
make a decision 13. or 4 years from objection to setting aside the previous Mr. JOHNSTON. You design it for a=endment of the senator fro:n oregon?
now that the storage faculty cannet even be designed to accom=odate that mesMy nprocessed wash Mr. HATFIELD. Mr. President. I ast decistor when it was made. if it 150uld Mr. McCLURE. If that is what it una Mous consent that it connnue to be be m y. in that direction--and I be-means, that the design can predate the set aside.
lievi that is not neutral on that side decision on the reprocessing. I have n The PRESIDING OFFICER. Without of.ne issue, either. But cer*.ainly ig Warrel with the amendment.
objection. It is so ordered.
abould not be designed.fust to take Mr. HA'I7IELD. There is no problem.
dment w!U be stated.
care of reprocessed fuel, because that I thought we made it as clear in the
^^
w'.uld not be neutral en that issue.
Queen's English as one could make it.
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1657) ' was say m.o.r wedaar wes,te,unas.,,,tm,i,en,th,e ne sensaar tres oregos Otr.an n-.n..mbere.Estressa) s ate
. greed to.
epen tsere.
e,.
on page 10. une e. touowns serviese",
Mr. HATFIELD. Mr. President. I move tsauan at sucht aimmeruotson or acquantuon a
tomart as sensenable east"*
to reconsider the vote by whhh the 18 *Ep4&cdy approved 14 an oppsoprtsuon
^^
Mr. BATFIELD. Mr. President, this As amendment was agreed to.
" 84 s simple clariacation. I hope it rammina Mr. McCLURE. I nove to lay that ! r t!**
dia uon med N r
simple.
. motion on the table,
,trom rescur.swrage facw and usert m This amendment simply clarlfles in
'Dne motion to lay on the table was Lieu therwet *ame any other appropnauens a,
the hin what is stated to be the intent in agreed to.
made to the soaresser to carry out abe pur-a Mr. HATFIELD. I would like to in-poses of Titaes 13.17 and V et this Act (u-the report, and I refer back to the lan snage of the committeueport, thst apri-quire of the leadeaship whether we are cept secuan sos).
Tate industry win be utilised to transport ready to call for a, quorum or do we j ].ss tana a ca.
, g, spent fuel uniess it is unable or unwilling have some language clarificationf this Act, no approprimuons to the secretary
-ab to do se " *1 hen snere is a period.
Mr. JOHNS' ION Does the Senator are authortsma to arry out the purposes et Iwent to add the words
- st reasonable have any more amendments? '
Tsues m. IV and v of this act tescept e e.
cost." My amendment simply adds the Mr. BATFIELD. "Ibere is ou rddt-uon 40s). unless the emounts appropriated words *st reasonable cost," and I refer tional amendment that the E enator frosa are depostted tato the smoount==rawsahad in back to the committee report, on page 20, New Jersey (Mr. BaADE.ET) ard I have co-escuan 401 W." ~
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On page A. touoadng line 21. tasers **m whers it says.
sponsored, but I would preier to put that
.mdor nuclear waste facility' means any
.The coanmittee does not intend by this off for the time being until we dispose tu.6 m which wui occur the mten i
subsection to requtro the secretary to enter of the pending amendment.
stor tt of spent ruel troen a cifulan nuclear into contreets involving unreasonable prices Mr. JOHNSTON. Mr. Pres' dent. I m reactor the aisposal of such opent fuel or or terms.
' gest the absence of a quoru:.n with the of hist-level retave weste trom etentan tam to be ecaany divided on the pend-nucles: acurtues. or the transpananon or
- a11. what we are trying to do is ing am,ndment which was previously such e pent fust or waste, and which wal
?
to protect ourselves against a one-carrier have a total estimated cost to the Federal situation. with respect to the possibilities,teenporarHy laid aside-Govertment of 64,000.000 or more.*
The PRESIDING OFFICER. Is there of excessive profita,andsoforth.We pro-objection? The Chair hears none. and Mr. HATFIELD. Mr. President. I think vide ourselves with what the committee. It is so ordered.
what we have here is a clarification of intended very clearly in the re.
m ciert win can the roH.
the language of the original intent of I balleve'put a reasonable cost considera-port -40 N legislathe clerk proceeded to call the amendment to the sattafaction of the t
tion. without mandating the Secreta 27 o the roll.
managers of the bin. the Senator from use private industry if unreasonable cost Mr. EATFIELD. Mr. President, I ask Louisiana and the Senator from Idaho.
f actors prevail. That is all we are intend. nnen+mous consent that the order for These are techntral amendments that ing to do in this rather simple amend-the quorum call be rescinded.
more precisely identify the intent and unt'. McCLURE. Mr. President, win the The PRESIDING OFFICER. Without the purpose and scope of the amend-Mr objection. it is so ordered.
ment. I only comment that way in de-Senator from Oregon yield for a ques, scribing the changes that have occurred aumoutwr wo. sus, as vontrn:o tion?
I O'
"""U" Mr. HATFIELD. Yes.
Mr. EATFIECD Mr. President. I send M. M M 2e Sen'aWeW Mr. McCLURE. Mr. President. I think to the desk a modification of the pend-Mr. EA'II"IELD. I am very happy to the Senator has spotted a possible weak-ing amendment.
,3 ness in the language of the bin. and I The PRESIDING OPEICER.The mod-Mr. McCLUBE. Mr. President. I say to think the amendment is an improvement, iScation w1H be stated ena fr In Ongon mat I N I understand this is not intended to give The legislative clerk read as foHows, the Secretary a regulatory function over The Senator from oregon (Mr. Harrzu.o$
hat r
ce u n to amendment num-t ric1 bP acceptable to the minority. I think the EA N
Senator from Oregon has done the Con-Mr. McCLURE. But it is intended to Mr. EAmEI.D. Mr. President. I ask gress and h country a service in tidying say that he has the authority to negotiate unammous consent that further reading it up and making certain that Congress contracts at reasonable cost, and if they be dispensed with.
does have that kind of oversight ova this are not reasonable costs. he is not forced The PRESIDING OFFICER. Without program that ought to be required in the to sign the contract for transoortation. objection. it is so ordered.
ordinary author:zation and appropria-Mr. EATFIELD. Exactly. The Senator The modified amendment. as further tion process. I think it is a constructive has complete and fuH understanding.
modified, is as follows; addition to the b!H.
As I say,I refer back to the committee report where we had undertak*n to seg on page 16. strike Itnes 10 through 18 and Mr. EATFIELD. I thank the Senator.
insert in heu them f:
Mr. JOHNSTON. Mr. President, I that forth in language expressing the in.
"sce. sM. (a) Tsere is hereby estabitshed thank the distinguished Senator from tent of the committee on page 20. But in the Treasury of the United states a sepa-Oregon. As usual, it is a pleasure to do when you read this language in the bg; rate r.ccount to provide for (1) the con
- business with him and his competent i It seems to me we have put the Secre-struction and cperauon or reeeral away-stal who have acenmmodated, as I read tarv into a straitiacket on this, from. reactor Interim storage taenittu for this, to all of the objections we have. We AH I am suggestins; is that he have spent fuel. (2) the disposal et such spent achieved that purpose which we both some flexibility for negotiat'ng so that fuel or high level radtoacuve wute from wanted to achieve: that is, fuH cost he does not have to take the first and cavutan nuclear acunuu. and (3) the han-dung and transportauen et such spent fuel recovery.
only price that raav come alone' dent.
r WaMO ^!nount8 appr pMated under sec*
We proVidt_in_this amended amend-Mr JOHNSTON. Mr. Pres 1 I
think this is a good amendment. I think ((r,tN $ c ou5 EN"*be purpo[e og '
"[ gfon ofthe Con-no endure gg it improves the situation. and on behalf of Tiues m. IV and V of this Act (except struction or acquisition of a waste fa-of the majority of the committee we ac-secuan 406) au charges under section 804.
cent it and we yield back the remainder receipts derived from the sale et any reproc. cility unless,it is approved in an appro-ed fuel, and the proceeds from any obit-priation ac. That would prevent the
' of our time.
- "uens issued punuant to neton sc2 or this Secetary, fu example, from reprogram-gn Mr.McCLURE,We are prepared to ac utte shall be depoented into the account.
ing funds or taking funds out of sonle C8D On pese 16. strike unos 2f-23 and insert account that has not been jdentifled g-ith Mr. HATFIELD We yield back the in lieu thereof:
a nuclear vaste activity
- time.
lb) To the extent or in such amounts gg oWm The PRESIDING. OFFICER (Mr. "'ec.
y c:sw$ Ne n$
bo in in dc s
a a
BoarN). The question is on agreeing to out the pumanes of Tittee m. IV and V of build a waste site, and that is as it should the amendment of the Senator frorn this Act (except secuon 406); prot 4ded.That be.
j Oregon.
the secresary shnu not construct or acqutre I thanir the distinguished Senator l i
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- <ONGRESSIONAL RECORD--SENATE - ' O iJulp 29'1980; w
. -..e from Oregon, and, for the majority, we. If passed, this would mesn DOE would hill, do not want to move so expeditiously ~
will accept the amendment.
defer the proposal, without the benent of thatwe abandon our concerns for the en-1 M2.HATFIELD. Mr. President,I monk an environmentalimpact statement.
vironmental procedures.
i both the Senator from Louisiana and the Mr. President, the first thing that my In view of the hin's specificity about Senator from Idaho for their cooperation amendment does is to require an envi-several parameters of the long-term en this. I am very grateful to them to ronmental assessment be prepared on the storage system-that it than be a moni-h;ve this clariSed.
proposal to accom'pany such transmit-tored. surface system which win store Mr. President. I am ready to yield back tal, based upon avanable information the waste in a. retrievable fashion, the the remainder of my time.
regarding ultin. ate technologies of Senator from New Jersey and I have nar. -
Mr. JOHNS'IDN. I yield back the re. waste disposal. -
rowed the focus of the required EIS to rnminder of my time.
The purpose of this part of the amend-those systems and sites which would sat-l Th? PRESIDING OFFICER. All time ment is to give the Congress, when it isfy the congressional directive. This having been yielded back, the question is makes its ultimate decision on long-should help assure the fastest reasonable on agreeing to the amendment of the term storage for nuclear wastes, that sati& faction of our need to. continue to Senator from Oregon.
the Congress will have available to it respect environmental considerations in Tbe amendment. No.1655, as further the information as to the particular site all this, modiSed, was agreed to.
and design and how it would afect the As I say, I believe it.is a reasonable!
Mr. HATFIELD. I move to reconsider environment, so we can make that judg- ' proposal. I think it states the situation the vote by which the amendment was ment with some understanding of its clearly, concisely, and compeningly. 'I agreed to.
efect on the environment, would urge the distinguished managers -
Mr. JOHNSTON. I move to lay that It would be my assumption that this of the bul to accept this amendment.
motion on the table.
assessment would have information that Mr. JOHNSTON. Mr. President, I con-The motion to lay on the table was would also be in the environmental im. gratulate my two friends from New Jer-agreed to.
pact statement, if one were required,in sey and Oregon for what I think is an vp arxcunty no. sess fact. all of the environmental informa. excellent amendment. I think it i= proves 1
(Purpose: To provide for environmental tion that would be required from an en.
the bul.,is a recent case which states
===* m e nt of proposed waste aisposat vironmental impact statement.
There 1:ciuties)
Mr. President. in addition section that it is not a major Federal action, as Mr. BRADLEY. Mr. President, I send 405(b) of the Energy Committee bin also that term is used in the National Envi-an amendment to the desk and s.sk for contains a NEPA waiver, ronmental Policy Act, to make a trans-its immediate considaration.
The efect of this provision is that if mittal from the executive to the Con.
The PRESIDING OFFICER. The Congress were to adopt the Secretary's gress, amindment win be stated.
proposal ior a storage facihty, it would I am advised that that is recent enough The legislative clerk read as foHows: be constructed without there having and authoritative enough that it prob-Tha senator from New Jerser (Mr. Baan, been an EIS on the question of site.
ably means it does not have to be done.
1.Ev). for himself and Mr. IIAvrun, proposes Mr. President, the second thing my We are wining and anxious to accept i
an unprinted amend. ment numbered 1452.
amendment does is to strike frorn sec. this aznendment, even though it goes tion 405(b) the requirement or the ex. beyond that requirement and requires an
,Ir. BRADLEY. Mr. President. I ask unanimous consent that further reading emption from the EIS for a site selection. environmental assessment. because we i
of th1 amendment be dispensed with, That would now be subject to an EIS. think that information is helpful, help.
The PRESIDING OFFICER. Without when Congress authorizes constntetion ful to the Congress, helpful to the Deecu-
. cbject!on. it is so ordered.
of such a nuclear waste disposal site, tive. in going through the process of as-The amendment is as.founws:
The third thing that my amendment sessing the :taractenstics of the site, in does is that it says in section 405(b) that assessing the alternative technologies Tha blu shan be amended as follows:
(l' on page 13. striae unes le and 15 and in connection with such facility, the which should be examined in a moni.
ins:rt instead the fonowing: "(83 stat. 852) Congress need not consider any alterna-tored, retrievable storage, and, in efect.
but en environmental sasessment shan be tive to design criteria.
assessing an of the avaHable information prGpared on the proposal to accompany such Mr. President. tne amendment under on g way to store nuclear uaste, transmittal based upon avausble informa-question. I think, addresses two of the the best technology to use, to look at al-tion regarding alternative technologies for areas of weakness in the Energy Com-ternative sites.
easte disposa!".
mittee biH. tries to provide the Senate In efect, what this gives us is virtuany (2) On page 13. line 19. strike the word with the maximum amount of informa-a e
ma at W Na@nal h-
" shin" and insert instead the word' "need"-
tien as to the environmental eSect of vironmental Policy Act requires, other (3) On page 13. une 2o. strike the phrase
,,to the ststutorHy-approved site selection", a long-term storage site, and also makes than some of the procedural baggage--
' h'
"" i*
sure that the information would be Site formation'not now available on the geo-(4) on page 13. une 21. strike the period gg
- rmnd add the phrase *as may have been ammdid by such subsequent Congressional I suggest mat my coham kom h-logical charactenstics of salt do:nes, and so forth, for the next million years. That suthertr.ation".
gon may want to make a few comments.
would not be required under this Mr. HATFIELD W H1 the Senator Mr. BRADLET. Mr. President. I oSer yield't assessmeng.
this amegdment on behalf of n17self and So I believe it greatly streng* hens this 3,gg Mr. BRADLEY. Certainly.
bin, and we accept it, with thanks to the Mr. HATTIELD. Mr. President. I am authors of the amendment.
Mr. President. S. 2189 is intended to deughted to join with my very able col-Mr. McCLURE. Mr. President, win the establish Federal policy for interim and league from New Jersey (Mr. BRADLEY) in Senator yield ?
long-term storage of civilian nuclear sponsoring this amendment because I be-Mr. JOHNSTON. I yield.
waste. Title IV of the biu provides for lieve, now that we have worked out some Mr. McCLURE. I wonder whether the Congress to authorize construction of a of the wording of the amendment with Senator fro:n New Jersey Mil look at
. surface facility for the long-term re-the managers of the bHI, that we ofered paragraph No. 3 in the amend =ent. I be-truv:ble storage of high-level radioac-very reasonable environmental impact lieve that one word should be striken. It tive waste, pending the adoption of per-assessments of alternative retrievable would read "to the statutorily approved man nt disposal methods.
surface storage systems and sites and yet site selection or.'" The word "or" also It also requires the Secretary of Energy we have not forgone in our haste to should be stricken. I bellere, to provide Congress with a proposal for solve the immediate waste management Mr. BR.GLEY. I wiH so modify the site-spec 1Sc design speci$ cations and problem in so doing.
amendment, and I ask unanimous con-cost estimates for such a facility.
The sponsors of this bin make an ex.
sent to do so.
As reported by the Committee on En-cellent point and I think a good case for I t h e k my colleague, whose legal skHIs ergy and Natural Resources, section 405 moving expeditiously. The Senator from are apparent every day.
(s) of the biU contains an explicit waiver New Jersey (Mr. Baan1.rr) and myself, I Mr. McCLURE. I thank the Senator of the usual NEPA requirements.
am sure along with the managers of the from New Jersey.
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' I share the tantiments of the Sena.
We Perstfr1ING OFFICER. Is there or agnemente made pursuant.to stus Act ter from f ani=tana ' We are prepared to ohja-Son? The Chair hears none, and it.e"su*f ",*'r$8' the== *r toesonal damposan ra.
accept the amendmant is so ordered.
taan to the maepeens or non-rederal tow.
De PRESIDING OFFICER. De The clerk will caIl the roll.
I*I *******"" **"' 8***'*and withan ne amendment is so modified.
The bill clerk proceeded to can the You pass ta,mrthe una to and it, ud he modined amendment is as fol.
lows:
~ Foll.
Insert in neu therent the rouewing:
Mr. ROBERT C. BYRD. Mr. President.
-sec, sos.(a) In order to mastst the states ne t m shan be amended 'as tonown I ask unanimous consent that the order in carrying out the poucy set forth in sec.
(1) on paes 13. etrian unes to and is for the quorum call b; sescinded; tion eot or seus Act. the Tweldent that1 pm.
and lasert taessed the renewing: *(ra stat.
We FRESIDING OPPICER (Mr.
P*" a**d **b"8' ** C8"8"" **4 $* Mh of 4
eaa) het an emetressmestal -
- t aban Btrasrsas). Without objection, it is so the ny states withis me hundred and he psvepared en the propenal to asenenpany ordered.
- wenty days arter the dase" seem eranseuteat heems upon avaunhie an.
(c) on paen so, atter une a. and the tot.
r Mr. BOBERT C.BTitD. Mr. President, lowing new sectaea:
sermanassa regarding anernauvo *mah
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I hope that Senators who have amend-sec. sos. ne secretary at anerst is au.
3 (2) on page 13. une 19. strike the wore ments to this hul win come to the floor, thorised and dirovad to provide to the seg.
shau" and sneert inesand the word anord. can them tap. and be prepared to dis. erat states ananetal and technsent assist.
- C8188 8"'* **8,,e petacy est forth sa sec.
anse to enny out th (s) on pese 13. une so. strine the phrase cues thens. We are wasting a lot of very "to the stateteruy-epproved atte seleettaa precious time. Perhaps I should not say
" w'-"S.W.m er".
It is being wasted, but at least precious De PRESIDING OFFICER. Wul (4) on pese 13. une 21. strine the pedod time is passing. Along about this hour the Senator from South Carouns inform hh*,,PA",**,,'q,"*h next Tuesday it wSI become all the more the Chair as to whether this is the g
autherteauon"*
obvious that time is precious, and along amendment on which the Senator re.
about this hour on Saturday lt will be quested 8 minutes?
Mr.JOHNSTON. Mr. President.I yield obvious as it wiu be on next Wednesday, Mr. THURMOND. Yes. Mr. President.
back the remainder of my time.
a week from tomorrow.
Mr. President, this amendment, which Mr. BRADLET. I yield back the re-Now is the time to get the work done I oHer for tcyself and Senator HoL2.nvos mainder of my time, so the Senate will not be under too much takes a long overdue step toward resolr=
The PRESIDING OFFICER.The ques-pressure as the days come on the rest of ing the problem of low-level radioactive tion is on agreeing to the amendment.
this week and next week.
waste disposalin this country.
The amendment (UP No.1452). as I will protect those who have amend.
Our amendment builds on the extsting '
modi $ed. was agrared to.
ments by suggesting the absence of a title VI of S. 2189 dealing with low-level Mr. McCLURE. Mr. President. I move quorum at this time so the Chair wiu not waste, making three additions to this to reconsider the vote by which the put the question on the blu.
title of the bili. ne first addition is a amendment was adopted.
Mr. President, I suggest the absence provision stating that it is the policy of Mr. JOHNSTON. I move to lay that of a quorum and ask that the time be the Pederal Government that each State motion on the table, charged equaHy on both sides.
is responsible for the disposal of the low-
'Ibe motion to lay on the table was The PRESIDING OFFICER. Without level radioactive waste generated by non-agreed to, objection it is so ordered. The clerk will defense related activities within its Mr. JOHNSTON. Mr. President. I be-can the rou.
boundaries and that such waste can be lieve that the next amendment in line The assistant legislative clerk pro-most safely and ef5ciently managed on a wn! be the Eart amendment. Senator coeded to call the roll.
regional basis. A second addition would Lat has asked for a short period of Mr. THURMOND. Mr. President, I ask authorize the States, subject to congres-time before he brings up his amend.
""ani-us consent that the order for sional ratification, to enter into inter-ments. Unless someone else is ready to the quorum call be rescinded.
state compacts or agreements for the bring'up an amendment, I win ask for
'Ibe PRESIDING OFFICER (Mr. purpose of carrying out their responsi-a quorum can, which I think wCI last Ntntw). Without objection. it is so binties regarding management and dis-30 to 40 minutes, and it is hoped that we ordered.
posal of low-level waste. This compacting wG1 be able to go back on the bin at 20 w *asswoaszwr wo. sesa
- authority would include the authority to or a quarter to 1.
(Purpose: astabush poney for disposa2 of restrict the use of a regional disposal The PRESIDENT OPPICER. On whose low-lewt nuclear wate) site to waste generated within the region.
time is the quorum call to be charged?
Mr. THURMOND. Mr. President, I Because of this express congressional Mr. JOHNSTON. Mr. President, how send an amendment to the desk and ask author 22ation of exclusionary authority, much time is available for aD the play-unanimous consent that it be stated.
such restricuons would not be construed ers who remain?
The PRESIDIdo OFFICER. The as an improper burden on interstate
'Ihe PRESIDING OFFICER.The Sen-amendment win be stated.
commerce.The third mndi&= tion to this stor from Louisiana has "l6 minutes.
The assistant legislative clerk read as section of the blu would authorize the Mr. JOHNS" ION. On the bin?
follows:
Secretary of Energy to provide financial The PRESIDINO OFFICER. On the ne senator frons south carouna (Mr.
and technical assistance to the States in bin.
Twtranaown), for himself and Mr. EoLLtwos.. carrying out plansIor the proper disposal The Senator from Idaho has 55 min-proposes an unprinted amendment num. cf low-level nuc1 mar waste consistent utes. The* Senator from Ohio (Mr. bmd im with thb policy.
Of.nrw) has 101 minutes.
(a) on page 18. aner une 9. inurt a nw These three changes would implement swoon con to read as fonows:
Mr JOHNSTON Mr. President, since recommendations made by *The State the O'lenn amendm'ent has now been ap-
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Pfenning Council on Radioactive Waste proved, would that time not fall? Is that (1) each state is responalble for the dis-Management" to President Carter. In a letter to the President dated May 19 on the bin itself?
posal of low-tent radioacun waste gen.
The PRESIDING OFF"CER. It is on m ted by non.reeral nisted activines 1980, Governor Ruey, chairman of that the bHI itself.
within sta borders:
body, stated that the council had tmani-The Senators from Colorado and Wyo-
- 3***I*"want*y "aa n =f*d on a regional I not menn waste can de most mously adopted the foHowing resoluuon:
sdafr and a" ne nationaA policy of the United states ming. Messrs. mat and Starrson, have
- 1***3"*1 '*8A***"" ***te shan be mat 39 minutes total. between the two' time?
Mr. JOHNSTON That is au the
- "7 '" * * "'I "* #"#*h I"
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subsection (a), each of the several 8tates.
of the low-level radioactive waste genersted The PRESIDING OFFICER. That is - the territories, and possessions of sne United try nondefense related activiues within tta the total time on the bul.
stases and the otstrtet at columbia are au-boundaries and that states are authorized Mr. JOHNSTON. Mr* President. I sur, mMtand and enmaragM1 s hM p and ub.
to enter into intentate omnpacta, na neces-mit to the congress. for subsequent netew mary, for the purpose et carrytag out this gest the absence of a quorum, and I ask and consent. agreements or compacts with responsibtilty.
tmanimous consent that the time be any other state or states relating to the chi.rged to the Senator from Ohio (Mr. managessent and disposal of low.ient radio.
' Itis poney statement and compacting 012Nw) since he is not here.
aettw weste on a regenal beats. compacts r.uthoftty are among the recommenda.
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' CONGRESSIONAL' RECORD-
' k E ' July esf1ssor
---. x tions made by the ' National Govemors'-. South Carolina would begin scanng down ' Mr. President.hthe ammrfmant'45s.
Association Task Force on IAw.14 vel Ra-the amount of waste it will accept over however, give advance consent for.ex.'
dioactive Waste Disposal in its final re. the next 2 years so that by 1981 it will clusionary authority as a feature of such port to the NGA dated August,1980. This accept only one-half as much as it re. compacts. It is felt that the authority to r; port wiH be considered and voted on by ceived in 1979.
exclude low-level waste generated in the NGA at its meeting on August 3 As I mentioned earlier South Carolina States outside the boundaries of a region
. through 5.
also refuses to accept, because it is geo. is necessary to induce State participa.
As I am sure our coueagues are aware, logically meeptable, organic chemical tion in such compacta. Also. case law,in.
the issue of low. level waste disposal rose wastes such as are largely generated by cluding a decision by the U.S. Supreme to national prominence last fall when hospitals, medical schools, and universi. Court in the case of City of Phuadelphia two of three commercially operated ties. Legislators in Washington, as wen as
- v. Neto /crsey; 437 U.S. 617 (1978), indi.
burial sites were closed by the Governors the Governors of other States. are being cates that an express congressional grant tf the States in which those sites were sent a very clear message from these of exclusivity authority may be a neces.
located. Pointing to their concerns about Gwernors. That message is that these sary legal prerequisite to a host State's careless practices in packaging, trans. States will not continue indtanttely to ability to exclude waste generated beyond
+
portation and disposal of low.luvel waste serve as a nuclear waste dump for the the boundaries encompassed in a regional m:terial, Governor Ray of Washington rest of the country, compact. Mr. President, in order to fur.
and Governor List of Nevada both closed I have received a great deal of cor. ther explain the concept of interstate their sites in October of last year. Their respondence from my constituents on this compacts and the exclusivity feature I actiins left the State of South Carolina issue, and there can be no doubt that the ask unanimous consent to have printed.
in the position of hosting the only com. people of South Carolina are becoming in the REcono at the end of my remarks mirciallow-level waste site in the entire increasingly fed up with the lack of action an analysis prepared for the National c untry, by other States and the Federal Govern. Governors' Association Task Force on Since Governor Riley of South Caro. ment with respect to this issue.
Low Level Radioactive Waste Disposaic lins had, in the spring of 1979, an.
Mr. President, it would be irresponsible The PRESIDING OFFICER (Mr.
nounced that South Caronna would ac. for the Members of this legislative body Brueras). Without objection, it is so cept no more Equid waste material, the and of the House of Representatives to ordered.
combined actions of these three Gover. Walt until a crisis situation develops once (See exhibit 1.)
i n;rs produced a near crisis situation in again before taking detnitive action on Mr. THURMOND. Mr. President, once the biomedical research community and this issue. It is our arm belief, and one the Federal Government has clarined troused great concern among other pro. which is obviously shared by the me:nbers who has le:Ac responsibility for such due:rs of low-level waste material. A of the State Planning Council and the disposal and has authorized interstate more serious crisis was subsequently NGA task force on low-level waste that compacts among the States, we believe avoided by the reopening of both the the States can and should assume pri. that threatened closme or gradual re-Washington and Nevada sites, mary responsibiuty for disposal of low. duction of intake et one or more of the As late as 19"5, there were six commer. level waste generated within their existing commercial sites can be used as c!al burial sites in operation in the boundaries. It is extremely unfair to al. an efective mechanism to encourage co.
United States. In addition to three sites low three States to become " dumping operative action by other States. As I ex-which I just mentioned, there were dis. grounds" for waste which all 50 States plained earlier, I believe that the Gov-posal sites located at West Valley, N.Y.;
generate. If other States are to share in ernors of State in which existing sites Maxey Flats. Ky.; and SheSeld, III. the beneSts of nuclear power production are located have demonstrated their will.
These sites were shut down for various and nuclear medicine, they must begin ingness to take action.
reasons in IMS,19"7, and 1979, re. to share in the responsibilities which in.
Mr. President, there are no techno-i spectively, clude the unpleasant task of waste logical mysteries involved in the dis-Mr. President, a great deal of attention disposal, posal of low-level wask Soud Carouna his been given to the problems of dispo-This is not to say that each State must has been involved in this business for sa.1 of high-level waste and the interim establish its own burial site. Each State several years. The Nuclear Regulatory stor:ge of spent-fuel, almost to the pre-should, however, either dispose of its low. Commission has already develcped the clusita of addressing the problem of the level waste within its own borders or criteria to be used in site sela: tion and disposal of low-level waste material. To a make a.rrangements with another State ' operation of low-level waste f acilities.
certain extent, this reaction is uncer. which is wilung to accept that waste. I We should, of course, continue R. & D. ef-standable. The basic technology of low-would hope that such agreements be-forts to improve our methods of waste 1; vel waste di:.posal is well understood
- tween States could be reached promptly, disposal and monitoring of burial sites; c.nd there are currently three commer. We do not need 50 low-level waste sites, but the basic technology is and has been but could eventually utilize 6 to 8 such available for the construction and op-cial sites adequately handling the
- problem, sites located on a regional basis. Techni-eration of these sites. What is needed now cal and financial assistance by the De-is Federal legislation clearly assignine i
I suppose one might say that the mat-partment of Energy would certainly.the responsibilities involved, while au-ter of low-level waste di.:posal is no im-facilitate the establishment cf a regional thorizing and encouraging State action.
mediate problem, unless one lives in or system.
That is what our amendment is de-represents, as we do. one of the three With the idea of eventually establish-signed to accomplish. I hope other Sen.
St* tes serving as a " dumping ground" ior ing an eScient, safe system of regional stors will support this amendment, which the rest of the Nation. In light of recent disposal sites for low-level waste, this would result in a more equitable shar-actions of Governors Ray, List, and amendment encourages the formation of ing of the burden of low-level waste Riley, however. I would urge other States compacts among States on a regional disposal.
not to become too complacent about the basis, subject to ratiScation by Congress nausrr 1 stitus quo. In addition to closing the at a later date. For the benett of those Irrrrastarr Acarrurwr' To rouw MctonL Hanford site last fall Governor Ray an-who are not familiar with the inte state 1e-LrvrL nsrr Des 4L sma nounced in her state of the State ad-compact concept,I would point out that I. Formal. compact or informal Agree-dress earlier this year that unless there article 1. section 10. clause 3 of the U.S.
ment:
~
is meaningfu! progress toward a regional Constitution requires that compacts There is no legal obstacle which would system of disposal sites by December 31, among states be approved by Congress.
prevent a group of states from informany 1982, she will begin to close Hanford to While congressional consent for com-agreeing to establish and opente a dirPosal all out-of-State wastes.
pacts may be given in advance, this sue in their region. This could be scecm.
se of necuun orom There is currently a State initiative amendment does not go that far. There QD'
,t go und:rway in Washington which, if suc-is some feeling among Senators with The advantage to this approach would be cessful, would close the Hanford site on whom we have discussed this idea that that an agreement could be executed rather July 1,1981 to all out-of-State, non. Congress may wish to examine any quicaly. The eisadvantage would be that medical waste. On Oc*.ober 31 of last agreements that may be developed pur-sue.b an agreement would not be legally en-year, Governor Riley announced that suant to this process, forceable. A state could unilateraUy repudi.
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'.see the as,mman a. soc. a. the mies po.e4 any danger.. whu. th. oourt.. s see..;i Righwa, es,et, o.mpact,.m stat..
had a change of heart, or the state had a might view the m=f==1 of low-level waste as 838 (1988). Airport compacts. 73 Stat. 833 change of gooernora. Etnes the objective is postag more of a transportation rist. the host * (1969) and Crime Control Compact of 1934, s-to ucease and operate a site over a pertad state's authority to esclude out-of state 43 Stat. 900.
t 8
of many years, this.nastabuity is probably waste from its site is in considerable doubt.
- HA g390 (Ud&D). E.R. 6211 (1 ujan).
unsoceptable.
This doubt could be dispelled if Congrens ex.
'D.O.E. blu submitted to State Planning In addition, a regional site estabuahed pressly gave the states such authority.' Por Council.
through int:rmal agreement probably could that reason, an esclusivity provision abould
' H A 4409 (Derrich).'
- 7. nos legany refuse to accept waste generated probably be included in any Compact Con.
- Supra Note 1.
,, s.,
4.4d in states outalde the region.1 Therefore. the. eent legislation. None of the bius pending in.
- Por example, "ench State is hereby au.
4 pr. regional objective would be deteated.
the Rouse contain such a proviaton. although thorised to enter into such agreements and Me A formalinterstate Compact, on the other it might fairly be impued from the esisting compacts with other States as may be nec.
._
- hand. is a blading contract, which an only language.m esaary to establish a ayotem of restonal dis.
be mamaad or terminated by-its terms. or III. Compact Pormation:
posal sites." (R.R. 4a00.) It could be argued
..<.. with tae comment of all the parties to it.
A. E! stating Compacts:
that exclusivity la necemmary to the formation sy 'this means. the states could provide a
% simpnest way to form a regional low. of a regional system.~
- +=
! M.
stable framework to manage the site from level waste compact would be to use an esisg.
u w.I.g.B. members. Alaska. Arinona.t Ca'n.
Uconsing through de==moning. Alan. ing compact as the vehicle for the new com. fornia. Colorado. Montana. Nebraska. No.
j
. w, _ with the comment of Congress. the party pact. " Itis would obetate the necessity of vada. New Mezien. North Dahota. Utah.
- '?"
states could esclude weste from outande the ' Congressional consent and state-legislative Washington. and Wyosning. Bawau and A I
retton.
enactment. Two existing compacts nsay lend Idaho are eligible for membership but do '
II. Consent of Congrees:
themselves to this approach. They are the not currently belong.
although the U.S. Constitution.e requires Western Interstate Energy Compact u and u Alabama. Artanama. Delaware. Florida.
i l Congressional consent for any interstate the Southern States Energy Compact.u Each Georgia. Eentucky. 14ulatana. Maryland. -
compact or agreement compact or agree.. of these compacts gives the governing board Mississippi. Missouri. North Carottna. Okla.
ment. the U.S. Supreme Court has held that. broad powers in the area of nuclear energy. homa. South Caronna. Tenneesee. Texas. Vir.
this requirement does not apply to all com.
Each has a provision that two or more mem, gima. West Virginia. Puerto Rico.
i pacts. Congramstonal consent is only required bers may enter into Supplemental Agree.
2 Prudential Insurance Company v. Benja.
!! the compact"is directed at the formation ments covering anything the board has the min. 328 U A 4o8. 66 5. Ct.1142. 90 L. Ed.1342 l
of any combination tending to the increase power to do. The two boards are both con. (1946). See discussion of thir ones in foot.
. of political power in the states which may sidering the adetsabtlity of using the Sup. note 1 of Section by Section Analysis. Ap.
pendix III. NOA Low.14 vel Radioacuve encroach upon or interfere with the just piemental Agreements provisions of W.I.E.B.
supremacy of the United States."a Altbough and S.S.E.B.u as vehicles for regional low. Waste Esposal Task Porce Model Congres.
11 may be arguable whether a regional low.
level waste compacts. Thirty-one states (and stonal Consent Compact Bin.
h Michigan. Wlaconsin.1111acio. Indiana
, level waste disposal compact would require Puerto Rico) are eligible for membership in and Ohio.
Congressional consent under this test. It is these two compacts.
highir probable that such a compact would One stiandrantage to using existing com*
Lit. JOHNSTON. Mr. President. I have require Congresatonal consent if it purported pacts would be that the exclualvity question jUst a quesggon of two on this. I believe would remain unronolved.
e will be able to Accept this amendment.
to esclude out-of region waste.*
l'he manner in which Congress may give B. New Compacts.
First of all. where the Senator refers Its consent is not spelled out in the Co'k The steps required to form a new compact stttution. Historically, consent hP4 taker m are: negotiation, state legislative enactment, to the word " agreement"-he talks about variety of forms. The usual method is by and (advance or subsequent) Congressional compacts or agreements-the term passing a statute or }oint resolution em*
consent.
" agreement" here means really the same bodiing a compact whieb has already been IV. Contents.
thing as compact; and the agreement negotiated by the states. On occasion. how*
The contents of each compact, win. of would not be in efect until and unless
'8 8 51 8*
8 approved by Congress. pursuant to this adva' ace ea$tes
$ $ ee s{p* T comp et in tv n amendment. Am I correct on that?
subject ares.s And there have even been in*
These provision's are typically found in Mr.THURMOND.Yes. -
stances when tacit consent was implied.
other compacts: a Statement of Purpose or A. Advance Consent vs. Individual Con Policy; composition of a governing board.
Mr. JOHNSTON So that, in efect, sent-voting rights and financing provisions. Addi.
States Could not get together and efect Advance consent is desirable because it tionat subjects for regional low-level waste a binding agreement until Congress hah obetates the need to run each indirtdual compact negotiations might include:
approved that?
compact through Congress. Not only is ad*
The neston (wbetber other states could Mr. THURMOND. That is correct
- vance consent more efncient, but it would be 6Cded 1****)-
Mr. JOHNSTON. Of course. nothing in discourage the temptation to re. draw the Site selection mechanics.
the act would give IUe or endorsement regions formed by statae when the ecmpacts were submitted to Congrees. However, there. Most state rights (veton to any terms of that agreement until i
is a habintyi each individual compact would. Incentives to host state from benet.ciary approved by Congress.
be subject to legal attact on the grounds ^ states.
Mr. THURMOND. As I stated, for the 1
that some prottalon in it was beyond the Pive midwestern states u have begun pre-benefit of those who are not familiar scope of the ortstual consent.
uminary discussions on forming a compact. with the interstate concept. I point out B. Permtssive vs. Coerette Consent:
A model Graft prepared for them by E.c. & that article I. section 10, clause 3 of the Historically. Congress has never mandated 0-Idaho is included in the Appendix
- U.S. Constitution requires that Compacts interstate compacts. However, most of the roomoTrs among States be approved by Congress.
regional low-level waste buls that have sur, faced so far are coercife. Two would cancel
' City of Philadelp4ta v. Nete Jersey 437 While congressional consent for com-generator lictnses after a certain date. ar.d UE. 617, 98 S. Ct. 2531. 57 L. Ed. 2d 475 pacts may be given in advance, this only snow new Heenses to issue in states (1978). discussed in more detan in Section amendment does not go that far. There with compacts or disposal sites.e One would II-C below is some feeling among Senators with y
forbid interstate transport of low-level waste a Art. 1 Section 10 C1suse 3: No Stat
- whom we have discussed this idea that unless done pursuant to a compact between shall. without the consent of Congress....' Congress may wish to examine any the generator state and the disposal stateJ enter into any Agreement or Compact with agreements that may be developed pur.
One biu has been introduced thus f ar which another State. or with a foreign power.
suant to th!s process.
is purely permissive compact consent.
a t/.5. Steel Co p. v. Af kittatate faz Com.
Whether this approach is preferred would mission 436 UE. 452. 98 S. Ct. 799,54 L. Ed.
Mr. JOHNSTON. The Senator says seem to be another issue to be addressed by 2d 682 (1978).
that Congress may wish to. As I under.
the Tast Porce.
- Under the Compact Clause cases, such stand it, the term " agreement" as used C. authority to Exe!ude:
discrimination against non. party states here has the same efect as the term City of Philadelpnia vs. New Jersey
- beld would seem to be a prime example of en.
compact" is used in the Constitution.
i invand a state prohibition on the disposal of hancement of the states' power at the ex-Mr. THURMOND. That is correct.
ordinary waste from out-of. state in in-state pense of the federni government. In additten.
Mr. JOHNSTON. So that the agree-land r.us. *:te court distinguished ear:1er since Cary of PMladelphta v. New Jersey ment between the States, if it is an quarantine cases (involving diseased cattle (Supra. Note Indicates the exclusion of out. agreement and not a compact-and the and conta=inated rags) on the basis that the of nate waste from the host state's dispesat Senator says there is no real diference danger posed in those cases arose.from the site is an unconstitutional discrimination mere transportation of the banned oelects, against Interstate Commerce. such a compact between the two terms--the agreement ut:ne there was no showing in the New Jer.
would run afoul of the Commerce C1suse as does not come into force and efect ser case that transport of the waste to.the wen, absent Congressional authorization.
unless and until approval by Congress.
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- CONGEMONAL RECORD :-SENATE Vuly39,19fo
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Mr. THURMOND. In other words.
- Of course, the amendment would en-Mr. THURMOND. Mr. ' President. 4 h
whatever compact or agreement is en-courage the States to develop and enter move to reconsider the vote by which the tered into by the States would have to into these interstate compact agree-amendment was agreed to, be approved by Congress.
ments, subject to the review and ap-Mr. HATTIEI.D, I move to lay that Mr. JOHNSTON. And they are not in proval of Congress, to provide for these motion on the table. ~
egect until approved by Congress.
regional low-level waste disposal sites.
The moton to lay on the tahle waa' l
Mr. THURMOND. That is correct.
I believe we all recognize the critical agreed tn Mr. JOHNSTON. Whether it is an -need for additional low-level waste dis-The
" RESIDING OFFICER. Who
/
agreement or a compact and the Sen-posalsitesin order to relieve three States. yields thae?
a ttor says there is no diference in the from bearing an inordinate portion of The bul is open to further amend-s terms.
the burden of having those sites.
ment. If there be no further -Mmae Mr. THURMOND. We use the words The amendment also references the we wiu go to third rammne of the bul.
'synonymously or interchangeably, low-level waste study required by S. 2189 Mr. HATFIELD. Mr. Pr6 I sug-Mr. JOHNSTON. Mr. President. In and assures that the information from gest the absence of a cuorum.
view of the fact that the distinguished that study will be useful in assisting nu The PRESIDINO OFFICER.On whose b-Senator from North Carolina-South 50 States with the management of low-timet Care nd there is a diference in level wastes-Mr. HATFIELD. On the Chair's time those terms.
Finally; the amendment oSered by m7 The PRESIDING" OFFICER." "I5 Mr. THURMOND. My grandfather distinguished coueague would authorize Chair has no time.
was born in New Orleans, so be sure to the Department of Energy to provide Mr. HATFIELD. I suggest the absence get the connection between South Caro-some f!nancial and technical assistance 'of a quroum on the tine on the hA lina and Louisiana.
to the States, and I beneve that. is equany divided.
J Mr. JOHNSTON. There is a very critical The PRELIDING OFFICER. With the strong afinity; we might even say a I believe that my coueague's approach time to be charged equaHy to both sides?
brotherhood.
to the problem is very useful and com-Mr. JOHNSTON. Mr. President, the i
Mr. President,in view of the fact that mendable. It is typical of his enterprise time to be equaHy divided among the Congress would have the last word on and efort to craft, and the amendment majority, the minority, and Senator-the matter of national concern, and in is quite acceptable. I appreciate working GLrNw, since he is not here to protect vitw of the fact that neither a compact with him.
himself. ILaughter.1 nrr an agreement-the two terms are Mr. HOLLINGS. Mr. President, the sit-The PRESIDING OFFICER. Witho'ut used interchangeably here--would come nation regarding the management of objection it is so ordered.
Into erect until approved by Congress, low-level waste has become acute due to The clerk wul can the ron'eeded to ca I will accept the ama**nt on behalf a lack of a clear national policy. Recent The legislative clerk proc of the majority.
events, which temporarily placed South the rou.
Mr. HATFIELD. Mr. President. I com-Carolina in a position of being the on1Y Mr. THURMOND. Mr. President. I ask mend the Senator from South Carolina State in the entire country with a com- "nwhous consent that the order for for ofering this amendment, to indicate me cial low-level burial site in operation, the quorum can be rescinded.
again the fact that there is great inte-have demonstrated the need to act The PRESIDING OFFICER (Mr. Ex-nuity and creativity on the part of the promptly and efectively on this issue. It oN). Without objection, it is so ordered' States. To provide this opportunity for has become clear that a national solu-the States to take leadership to solve tion to low-level waste storage must be their pmblems within the States is a worked out.
$.P **h h We m en m very constructive step to add to this bin.
The amendment ofered today by Sen-parary, aN.fr$.rEr ah8 ae e
Therefore. on behalf of the minority, ator Tut axown and myself is a step in tan nuclear powerplans wasus)
I am delighted to accept the amendment. the right direcuen. It makes it clear that ry S is '
send "to k
amen ent for y-Mr. 'ITIURMOND. Mr. President. I e[3 g } } radica e
t crat express my appreciation to the able and distinguished managers of the bill for by ncndefense-related acuvides within self, Senator HoLLuscs. Senator Joux-its borders. This amendment would en, cToN. and Senator HArntLn, and I ask accepting this amendment. I am certain that this vital amendment will be of ce rage posiuve action on the part of the the clerk to state the amendment.
The PRESIDING OFFICER. The great beneSt to all the States of the. States in selecting and establishing new amendment wiu be stated.
dal sites'on to this legislative acticn, The legislative clerk read as fonows:
Nation.
In addit!
I also express my appreciation to the the Department of Energy should worg The senator from south carouna air.
r4ble Senator from Wyoming for his 2ne with and encourage States to develop Tm* mown), for himself and air. HoutNes.
cooperation and work with us on this their own low-level disposal capability. 2 kn8MN. and & Ham pmposes an
- * ""# *d
- matter. We deeply appreciate his inter-Encouragement from the Department est and support.
should include technical and Snancial Mr. THURMOND. Mr. President I ask Mr. SIMPSON Mr. President, having assistance to resolve our low level waste unanimous consent that the reading of come to the Senate some 18 months ago dilemma. Federal assistance is necessary the amendment be dispensed with.
and being involved with Senator Tm-to encourage State action-the States The PRESIDING OFFICER. Without woND on the Judiciary Committee, where should not be left to do the job alone.
objection. It is so ordered.
I s;rve as a member, nnd Anding him to Finauy. Mr. President, the Congress The amendment is as foUows:
4 be a very able Senator and a very ane must proceed immediately to enact a On page 11. af ter une 7, insert a new see-friend, I was pleased to work with him clear national policy placmg pr:=ary re-
"0.n as i uom in tegsid to this amendment and to work-4ponsibihties for the management and 6* 3ohah In carmng out the provt.
g with his very capable staf.
disposal of low-level wastes on the States Ea*cy**$tyfor ben Nra a
t I had the same concern that the Sen-themselves. I urge the adoptics of the spent fuel trom cartuan nuclear powerpiants ator from Louisiana had about this, and amendment.
which the secretary la authortmo by secuen 3
that is the issue of entering into a com-The PRESIDING OFFICER. Is all time Gaef a) to construct or acquire, the secretary
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i pict before approval of Congress. I be-yielded back?
lieve that has been corrected, and I sup.
Mr. JOHNSTON. Mr. President. I yield
"* " * **"#'D
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port the amendment efered by Senator back the remainder of my time.
thI!y in 90 no Tut axonn.
Mr. THURMOND. I yield back the re* 1sture of h tfts
[tNa*o* [*
I believe the amendment recognizes mainder of my time-tenually acceptable alte for sued a facutty -
G._
that the management and disposal of The PRESIDING OFFICER. AU ti=e or an existing racu2ty potenuany su: table - g low level nuclear waste is a State re-having been yielded back, the question f or intert:n storage or spent ruet or haa mtan-A sponsibility, and it would continue to is on agTeeing to the amendment.
con to inmugate mat sue or tacatty:
su b aft r$tt[ [cp$ $ $e7aN, ;; -_
preserve the State's jurisdiction in that The amendment (UP No.1453) was area.
agreed to, the legislature currently informed of the m
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progrees of wert and results of the taveauss-e.,.9 >-
- , /
- Mr. President. <the - citizens of my ance. betweenithe national interest of l
State have. for a number of years.. having APR storage faciuties and the
,,gh "i t $y$ o'r Nu
~. borne a disproportionately large share State interest of having some control-faemty.
t prior to undertaking any site-spectac work of the burden of disposing of nuclear over what goes on within the boundaries j
or altersuona. promptly nottfy the oevernor waste of all kinds. We have one of three of that State, gad the legt:1sture in writing of such selec-commercially operated, low-level waste Final authority is given to the Presi-1 burial sites in the country, and have at dent to go forward with the faciuty, if 1
uen:
(4) throughout the coures of any subee times.. received up to 85 percent of all
- he determines it to be essential to the quant wora on that alte or estaung tactuty, low. level waste produced in the United national 1%serat and. insofar:ss possi.
s 1
furntah the oevernor au relevant la rma*
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,,,",['h"* h,,,,, h River plant. produces and stores large Governor of the aHected State and the l
States. The federally owned Savaanah ble, resolves any conalets between the I
from use a unne.
4uantitles of. defense-related, high. Secretary of Energy. This " consultation I
(b) If within a reasonable ume after the 3evel endloactive wastes. Now we And and concurrence" maehaniam is not un-oovernor has reestved nouce of eenecuon ourselves at the top of the list of likely duly burdensome, and it does not pro-mquired by subsectnen (a)(3). the Governor emndidates for temporary. AFR storage vide the Governor of any State with nostaen the secntary in writing of his ob-of civilian nuclear powerplant waste. In absolute veto over having an-AFR stor-l 1 Jectione to the faculty, the secretary ahan light of the fact that South Carolina has age facuity located withm the-State.-
1 suspend further work on such, faculty and
- M *j@ ~. never.. shirked its responsibilities in the I hope the distinguished floor manag.
'go*,,"$f,3 md nuclear waste area. I think it would be era of the bin win agree to Viis amend-recommendauona to the Freendent.
highly unfair to utiliza the Anled Gen-ment, espectany since their coe.mittee is (c) Unless within 90 day after recesps of eral Nuclear Services facility at Barn-on record in its Department of Energy the seerstary's nottacauon under subsecuon well. S.C. for AFR storege without con-authorization bills as supporting sn ab-(b) the Prealdent determines that such fa,sulting with and obtaining the concur-solute veto for the Governor of any State culty no essenual to the national interest, race of the people of my State.
in which an AFR f acility is to be located.
the secretary shan terminate actarttles ope.
My amendment, which would provide This veto power was originally adoped Not such a State role. is patterned after by the Senate Energy Cnmmittee as a sub u la! r 1stm te
,,,3,,,
Senator Jacxsow'r, printed amendment Melcher amendment to S. 2692, the DOE (d) During the reguistion and monitoring to S. 2189 which deals with consulta-authorization bill for Ascal year 1979.
'of the faculty, the covernor or his designee, tion and concurrence in the siting of That amendment gracted the Gover -
shau have the right to be curnatly informed permanent disposal facilities for nu-nor of any State within which there was of au nlevant facts and matters, and shan clear waste. My amendment would re-a faculty under consideration with the have access to su relevant documents, and quire an ongoing consultation process opportunity to veto the use of the site have the right to review and comment on between the Secretary of Energy and in his State. Interestingly enough, there euch matters imm ume to ume' the Governor and legislature of the par-was originauy ' an explicit exemption Mr. THURMOND. Mr. President, this ticular State involved. Subsection (a) from this veto provision for the Gover-amendment win provide the governing mandates that both the Governor and nor of South Carolina regarding the ontcials of those States which will be the legislature receive timely notice that Barnwell facinty, candidates for siting of temporary, away-their State is being considered as a host This discrepancy was later corrected from-reactor (AFR) storage facilities State for an AFR storage facility and a at my suggestion following a coHoquy on with a role in the decisionmaking second notice if their State is actually the Senate floor between -the distin-process regarding such facilities, selected.
guished chairman of the Energy Com-Over the past several months, three This subsection also requires that the mittee. Senator JacusoN, and myself on Senate committees have been studying Governor and legislature be kept cur-September 30.1978.
the proper role to be assigned to State tently informed of any work or activi-
- At that time. Senator JACusoW assured and local governments in making de-ties regarding such facihty and that the me of his support for such a veto power cisions concerning nuclear waste disposal Governor be given access to au relevant being given to the Governor of South
< facilities. Various proposals have been information. The Governor would also Caronna, as it had been given to the put forth dealing wsth this issue. These periodicauy be given the opportunity to other 49 Governors. In light of the fact legislative proposals vary signifcantly, review and comment on activities re-that the amendment which I am now but all sufer from what is, in my garding the AFE storage facihty.
oHering is less stringent than the stated opinion a serious deSciency. They have Subsection (bi of my amendment pro-position of the Energy Committee on this not accorded the States a specific role in vides a mechanism for the Governor of issue and is patterned after Senator decisions to be made regarding AFR the mRected State to object to the fa. JAcxsoN's own consultation and concur-storage, but instead have simply dealt cihty or to decisions made regarding the rence amendment regarding permanent with the issue of the States' role in de-facility, repositories. I hope it will be accepted.
cisions pertaining to permanent disposal The Governor, however, must notify Mr. President. I ask unanimous con-facilities, in writing the Secretary of such objec-sent to have printed in the Rzcono a I realize that there is a particularly tions within a reasonable time after concurrent resolution passed by the Gen-cornpelling need for the States to have a receiving notice that his State has been eral Assembly of South Carolina on this,
role in the establishment of permanent selected as a host State for an AFR subject, waste repositories, since nuclear waste facility.
There being no objection, the resolu-may be contained within their borders If the Governor does notify the Secre-tion was ordered to be printed in the for hundreds of years, tary of any objections the Secretary must RECORD. as follows:
I do not believe, however, that the fact iorward those objections to the Presi-coweenarwr Resot.tfrtow j
that AFR storage is intended to be tem-dent and must suspend further activities whereas, the federal government is con-porary, means that States should not at the facilities. If the President deter-sidering Allied General Nuclear Services in have a speciSc role in the decisionmak. mines within 90 days that the contem-sarnwen for an away from nactor ( AFR)
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ing process, plated AFR storage facility is essential to storage facility to be owned and operated My reasons for attempting to correct the national interest and resolves any by the federal government; and whereas. such consideration is based this deSciency are, i am sure. obvious to :pecific dicerences between the Governor solely on economic considerauens; and everyone here. It is well known at this and the Secretary, the Secretary may re-whereas. the quesuon of site locauan for point in time that the Earnwell Nuclear sume activities spec 1Sc to the facility. the storage or disposat of radioactive waste Fuel Plant located in South Carolina is The amendment also providr ' for fur. shTuto be decided on technical considera.
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n de onstrated be n bep decision to utilize that facility should nog age during the licensing, regulation, and be made without giving careful and thor-monitoring of any such facility, ens for the storage of spent fuel for more than a few decades: and c, ugh consideration to the concerns of the Mr. President, this amendment strikes whereas, no decisions have yet been made people of South Carolina.
what I believe to be a reasonable bal-by the federal government regar:ims, the i
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-w-wo permanent disposal or spent fuerer.high.
In AprD of 1977. President Carter'an. Mustry Seld. I cannot emphasize:this l"ai r=ena=cttw waste and nounced that it would be the policy of principle too strongly. It is very impor-
'for safe dispoO high-lev his admmtration to "indefinhely post-tant that any spent fuel pr9 gram focus re to dioactive waste; and pone" the use of commercial reprocess-on regional AFR stors.ge sites, and not.
Whereas, there are many technicai, legal, ing. The immediate impact on the nu-just dump spent fuel from all over the environmentaa and pollucalissues that must clear power industry of President country on a single State. No State should -
be resolved before such a permanent repost. Carter's 1977 decision has been the be expected to assume a disproportionate -
tore can be estab11 abed; and stockpiling of spent fuel rods at the re-ahare of this national responsibility.
wheresa. neither the federal government actor sites. Obviously this " solution" to Safety considerations, apart from the nor the nuclear industry has prepand n*
the problent is adequate only so long as greater equity of having a regicnal sys-
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and n" on-site storage space is avanable. Utili-tem of storage sites, would seem to sug.
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v ties around the country. however, are gest such an approach. Regionany-dioactive waste and spent fuel: and whereas, the utabnahment of a perma-rimning out of such space, even with located sites would obviously reduce the ment federmi nuclear waste repository raises conscientious eHorts to utnize pool space danger and cost involved in transporting vital quesuoca of pubue pouey of such im-more emclently and to transfer spent spent fuel over long distances.
portance to present and futur, generations fuel to pools at new powerplants. If no Finally, Mr. President. I believe that
' as to precluce the estabit=h nant of such
- additional storage space is available at President Carter should reevaluate his repository weit after the voar two thousand: AFR sites by the early to mid-1980's, indefinite deferral of commercial reproc.
'L' nuclear powerplant shutdowns could essing. As I explained earlier. It was that occur, a scenario which I am sure that panicular decision which produced the on of the na on's gh e, oe e waste is stored at the Savannah River Plang au responsible oScials are committed to need for interim storage f aculties for in Aiaen. South Carouna: and avoiding. Among those utilities which spent fuel. It should be obvious by now wheres.s. the state of south casouna cur-wul soon be in need of AFR storage are that this approach to reducing prolifera-rently etores eighty.cre percent of the na-two which serve my constituents in tion risks is simply not working. Other tarn's low-level radioactive waste; and South Carolina, the Duke Power Co. and countries are going ahead with commer-whereas, o lack of policy and acttan by the Carolina Power and Light Co. I would cial reprocessing, and the 66-nation nu.
the Un tM obviously like to avoid shutdowns by clear conference organized by President 1 e e r a.es r,Jtates has placed an inequitable burden up, these two companies because*any such Carter in 1977 released its report this en eur citizens and future generations; s.nd curtail:nent.s in electric power generation spring, generaHy endorsing both reproc.
Whereas, experter.ce has indicated that would have a severe impact on the citi-essing and the breeder reactor. By de-long. term guarantees from the federal gov-zens of my State.
ferring commercial reprocessing, the ernment on radiologicat znatters may not be Whue there is admittedly a need for United States is losing its leadership role possible because of the surrent and probabty some AFB storage to be provided by the in this area of nuclear technology and is h 'n"u Federal Governments I beneve there are wasting a tremendous amount of badly ear wer Nrw. therefore, be if resoloed by the House certain basic principles which should needed energy. Thus. I hope that this of Representatives. the Senate concurring: govern the actions of Federal occials in unwise ar* ministration policy win be re-That the General Assembly by this resolu* providing such storage. Some of the prin. Versed in order that Commercial reproC-tiin bmby mamrianzes the President of ciples which I am about to suggest are essing can go forward.
th) United States and the United States among those which have been ofered by Mr. JOHNSTON. Mr. President. I c ngrees to abstain from considering the Governor PJehard Riley of our State. who thar* the distinguished Senators from ent o an inte a
e ty also serves as Chairman of the Presi. South Carolina for working out what I commercist spent nuclear fuel and other dent's recently established State Plan-think is an excellent amendment. It pro.
hign. level radioactive waste produced out-ning Council. The primary principle is vides with respect to AFR that the Gov-sies the state until emetal consultation has that of consultation and concurrence ernor. or his designee, shan be funy in.
taken place between the federal government with afected States, and I might indi-formed throughout the process of site cate at this point that I have an amend-selection construction. and even during and the state. ruch consultation to be con.
ducted by an appropriate committee desig. ment which I intend to ofer at an ap. the monitoring after the licensing proce-nated by the members of the General A=am-Propriate time addrm*7 this Concern. dure'shall be given all relevant infonna-bly knd the Governor and that the es*abush.
No Federal action in this area should be He ment of such an interim storage facuary muss obtain prtor approval by Joint Resolu-forced down the throats of the citizens tion, au relevant facts. au relevant doc-tien of the majortry of the membership of of any State, utnents, subject ordy, of course, to the us-ual restrictions on propdetary documents thi General Assembly and also approved by Second. as much of the spent fuel as th1 oovernor, and that scrt of thing. But other than pa at furtaer resolved that copies of this possible should be. stored at the reactor those restrictions in law he is to get tesolution be forwarded to the President, site where it was generated. a prmciple everything that is pertinent and be fully Vice President. Speaker of the House of Rep-endorsed by the President s Interagency informed resentattves and each me=5er of the south Review Group (IRG) on Nuclear Waste Part of our problem throughout this Carouns Congressional Delegation tn Wash-Management and by the Department of whole question of nuclear waste is that ington. D,c.
Energy. Doing so would obviously reduce State oi5cials have not been kept cur-Mr. THURMOND. Mr. President, I.the amount of spent fuel bemg trans-rently informed. That was one of the wish is make a few observations and ported on our highways, thereby reduc
- problems in the WIPP facihty in New general comments in connection with ing the dangers associated with such Mexico and, by the way. I think they are the legislation under consideration re. transportation. S. 2189 contains a pro-about to get that worked out between garding appropriate policies governing vision stating that it is the policy of the the State and Federal Government, cwav-from reactor fAFR) storage of Federal Government to mutee the What we have done here is to institu-civilian nuclear powerplant wastes.
storage of spent fuel at the site of each tionalize the right of the Governor or his civ1Han nuclear powerplant. I sbcerely After studying the AFR storage issue designee to be fuUr informed. Of course.
hope that Federal cf5cials win pay close we also give the Governor the nght to at some length. I am reluctantly forced attention to and will carry out that im-formany object and to file those objec-to admit to the ne=d for Ftderal estab-P0ftantStat* Cent P UC7 A 5t TSE' tions, and in the institutionahr.ing of l
lishment of AFR facilities. The legis.
space in a Federal facility should be I
lation which we are presently consider-that process of being able to object and Inade ava.11able only to those utihties who ing would authorize the Secretary of En-file those objections, we feel they win be have done their ut=ost to utilize existing very seriously considered.
ergy to construct or acquire at least on-site space as efllciently as possible cn2 AFR facinty for interim storage of and to expand existing space where The President. of course. in the na-spent fuel from civilian nuclear power-donal Merest, within a pedod of 90 plants. The fact that we are today faced feasible to do so' days, wiu have the right to override that with the AFR storage issue at an is due Third, AFR storage faculties should objection based upon the national inter-to the faJlure of yet another Carter ade be located on a regional basis, and ap-est. But it does give a real substantive l
ministration poucy in the nuclear energy proach supported by the IRO report and right to the Governor or his designee to
- area, a number of leaders in the nuclear in-be involved in that process.
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.. We think it.is aL healthy addition to ' There are several elements of the Bul. how* but particul'arly a policy that is.so con -
' this bill, and for the majority. on the ever. shat should receive close scruuny, troversial.
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committee we accept the amendment.
..s I h*'* stated on many occasions my op.
It reminds me of my owi1 State w'here 2
Mr. HOILINGS. Mr. President. I want fpenNefearSe esNb hYto$' we were a depository for nerve gas, and to ths.nk Iny senior colleague and the dis-lowing: 0) demonstrated commitment to over a period of time there was leakage tinguished managers of the bill for their the permanent disposal of higb-level waste that occurred in those canisters..
i help in formulating this amendment.
(including spent fuel in lieu of reprocess-The Governor and other public occials Fundamental to good public policy and tna)1.(2) absciute maximum uthization of had to find this out by actually digging effective public policy is that the policy
- the reactor and intral-utility storage
- into the bureaucracy of the Federal Gov-4 be understood that it be appreciated and
""8 (8' * 'rstem or away-trom-reactor stor-ernment to inquire, taking public rumor be supported by the public.
and trying to nailit down to Clarify and A d mo tad commitinent does not In the field-of nuclear endeavor, par
- now exist. How such a commitment. what to assure the public that everything was ticularly nuclear waate. the Governors la proposed as interim-storage could well be-being done that should.be done and.
sta.rted in their conferences 25 years ago. coma, for an.intenta and purposes, perma-therefore, we have had some prime ex-at the beginning of the nuclear age by nant storage. ~
amples of what happens when the Feds instituting what they called RACNE. Re.
I realize that S. 2189 attempts to provide operate in a vacuum unrelated to the gional Advisory Council on Nuclear En-c ngneatonap direcuon for achining such role of leadership at the State level that e's
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- t h jQo '. can be so helpful in implementing and.
ergy, and had a liaison between the At.
sched e
t bud omic Energy Commluion and the Fed
- tion and lack or any prortston for prticipa. furthering a public policy.. -
eral Government, and we kept it current uon by state and local governments.n the I might amend my previous comment and informative. Actually it was the sating process create a less than desirable to observe that even the Presiding OS-feeding in of information of concerns direction.
cer at this time (Mr. Excx) is a former and requirements for safety that have Regarding that portion of the Bin that ad-Governor. so I guess we are in the ma-had a good part in the formulation of onsses away4 rom-reactor storage of spent jority at this moment.
the Federal policy itself.
""*[ph3hfrW,"m$ximt g Ee'stor" I think it should be clearly under-More recently in the hCC missile' dis-age of such spent fuel at the site of eacn stood, and I would like to say to the persal problem there was a tremendous carinan nuclear power plant.." However. Senator fro:n South Carolina (Mr.
gap between the understanrHng and ap-the acucas to encourage and expedite suen Tu n woND) and to the Senator from preciation, the counting in of Governors maximum utu12ation abould be based soleir Louisiana that it is my understanding.
on this particular defense policy, which on the protection of pubne health and saret7 when we speak ci the Governors having caused a veritable hiatus out in the West, and not, as sta,,ted in secuon 305 *' economic the right to this information that the e nsiderations or 7he unsmntes tunal.
tremendou: misunderstanding and, as a initiatitre should not have to be upon 8
the Governors. In other words, this in-result, an Paposition.
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In order to have the policy supported.
It is clear to me that Anled General's Barn.
formation is made available and the in order to have it appreciated. in order wen Nuclear Fuel Plant is the prime canal-Governors are not-you do not have to to have the Governors of the several date for away-trom-reactor storage or spent wait for the Governors to find out the States actually be a part of t*1e execu. nuclear fuet. There is no advantage to south questions they should ask or the data caronna for such fuel from out-of-state t they should ask about because some-tion, because they have got the divi.
sions within their States and their con-D'u1ty s times we do not know enough about the y
sge p ave been us a to cerns, and they have got to help in the material in order to ask the right ques-their maximum, ad ninistration of this policy we have The But also includes a provisten regara. tions. So I want to clear here in the leg-got to count them in, as they say, on the ing low-level radioactive waste. I understand islative record that this role that is.to takeof as well as the landing when there that you win be ocering an arnendment to be played about keeping the Governors are things that do go wrong a.s at Three provide Congressional authorization tot informed. that the initiative is on the Mile Isis.nd.
states to create interstate compacts for the low-l vel raa[,* part of the Federal Government its So this particular amendment puts us management ane eis sa not on the part of the State; is that
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in lockstep where we do not have the regard beesuse arst and foremoet. State Oo,.
Mr. JOHNSTON. The Senator is cor-outright veto but we certainly have, as ernments need the authertty to determine for we move don step by step, the Gover-themselves where and how suen wastes are rect. It is expected that the Governor-nor receiving all the relevant informa-to be disposed of.
well, the Governor has the right to all tion on a current basis with a procedural The stars have been and w!1 continue to the information and it is expected that provision in here for him to institute at communicate on the spectees of the But s the Governor-does not have to ask for any particular time his objections and lanruage and any subsequent amenaments every little bit and scrap of informa-to have them properly reviewed.
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- t[e tnat er tion, but rather that it is a cooperative g ee tth u at process where the Governor is brought In crder to have this same approach any time.
employed. the President has appointed sincerely, in and kept advised frotn time to time a State planning commiuton. The Gov--
PxigAanARn.sv._frorn_ day to day, and it is as much by the terms of the amendment as by the ernor of South Carolina. Governor Rich-o sosh ard W. Riley, has been a leader in this f fg
, ang spirit of cooperation which is implicit p
e commission with respect to the thoughts in the amendment that we would ex-t*'
8 pect the Governor fully to be informed and concerns we have as we try to adopt p
a ak 0ns r of all relevant matters.
a Federal waste policy and a Federal tion the things he is concerned with and Mr. THURMOE. Mr. President. I am i
nuclear poucy that the State planning councils are con-in full accord with the statement made I ask unEimous consent to have eq by the able Senator from Oregon. I think ce ga.ni ant to thank Senator Jonxs-printed in the Rtcoam a letter from Gov-what he said is very pertinent and very ernor Riley on this measure.
Tow and Senator HArrrsts for their un-reasonable That is the way I would hke There being no objection, the letter derstanding and support of this measure, to see it handled.
I was ordered to be printed in the RtconD.
Mr. HATFIELD. Mr. President. I am Mr. HATFIELD. Mr. President. I am as follows:
DSP9710 )OIU M COI18AEUO31U SUDEAI" Clad to see the Senator from Louisiana STATE cF Sot"TN CARot.MA.
ting the amendment and on behalf of make this legislacre record, because I M 28.1980 Hon. Etwast Tarrs HoLuxos, the minority. I would accept it-would hate to think all the information U.S. Senate.
I would like to add one further ex-is withheld until the Governors make Washinpon. D.C.
ample to what the Senator f7tm South some icnd of demand, or their designee:
DzAs Par;z: I am of the understanding Carolina Gir. Hot.L:NCs) has stated. I do that this is the spirit of cooperation be-that senate Bu! 2189 t:tled "The Nuclear not think it is without particular coin-tween the Federal and State of5cials so waste Polley Act". is to reach the r.cor of cidence that three of the four sponsors that the burden is not on the Governor of this particular amendment are former to know what kind of question to ask-t rs step pr ding vital fed ral c mitments to a policy and a program for the Governors, and I think it is vital to have or what kind of information to reouest.
l proper management of radioactive waste. that kind of put)lic support for any policy. but it is a spirit of cooperation where I
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this information is cvanable on an (n-n-So that would. by the verytsture of it. appropriate to store the waste in the*.-
g;ing basis.
- by the nature of the requirement to ex-kind of geological formation the Senator Mr. JOHNSTON. The Senator 14 cor-clude access of the population to it.
describes.
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exclude the area from a place of high Mr. METZENBAUM. I thank the Sen.
Mr. President. there is no other de-population density. Of that I am totany ator from buisiana.
bate. I am prepared to yield back the satis $ed convinced, and certain.
Mr. JOHNSEN. Mr. President. I sus-remainder of my time.
The problem would be if we tried to gest the absence of a quorum, on the Mr. HATFIELD. I yield back the re-deSne high population density. It would same time as previously in efect.
mainder of my time.
- be very d1*:icult to do so. I think the Sen.
The PRESIDING OFFICER. Is there '
Mr. THURMOND. Mr. President. I stor has greater protection by relying on objection? The Chair hears none, and it v
yield back the time on this side.
the present law which deals with health is so ordered.
Th2 PRESIDING OFFICER. All time and safety.
The clerk wiH can the roll.
having been yielded back, the question one of the* problems might be if we The bid clerk proceeded to call the is on agreeing to the amendment of the tried to denne the number of persons per ron.
Senator from South Carolina Gir.- square mile within such and such a dis.
Mr. JOHNSTON. Mr. President. I ask Tn m ownh tance from the fence. the mine mouth, unanimous consent that the orcer ior the The amendment (UP No.1454) was from whatever. Then, if we could ever quorum can be rescinded.
agreed to.
appropriately denne it, we would tend The PRESIDING OFFICER Gir.
hir. THURMOND. Mr. President. I to say it is OK to have such facilities if BunLEW Without oblection. It is so mire to reconsider the vote by which they are not located within such popula. ordered.
the amendment was agreed to.
tion density. and..actually, the Nuclear Mr. JOHNSTON. Mr. President, the Mr. HATFIELD. I move to lay that Regulatory CommMnn may want to be majority leader wul soon ask for a mttifn on the table, much more strict than any deanition we unanimous-consent request. but if I may The motloa to lay on the table was might want to efect.
explain to Senators what we intend to tened to.
So, in sum. I believe the real concern do then, perhaps. the cloakroom can be Th1 PRESIDING OFFICER.
yidds time?
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Who of the Senator from Ohio is more than putting out a notice to Senators. What adequately taken care of within the we would like to do on the majority side Mr. JOHNSTON. Mr. President. I sug-terms of this legislation and other licens. is to proceed with the bin and then linish gest the absence of a quorum to be equal-ing legislation incorporated herein by it today, ly divided between Senators Eur. Jon-reference.
However. our friends on the Environ.
srow. and GLtn.
Mr. METZENBAUM. I appreciate the ment and Public Works Committee have Th3 PRESIDING OFFICER. Is there response from my friend from Louisiana, asked for additional time to do prepara-objection? Without objection it is so But I must confess my' concern arts
' ' ' the. question of AFR and also to C
c rdered. The clerk wiu can the roll, from the fact that the Departmen a aate on other matters, which we The legislative clerk proceeded to call Energy has spent over $2 million, to / s m agreed to do. but we want to do the EU-to investigate the Salina Basin d
- on condition that we be able to get Mr. JOHNSTON. Mr. President. I ask domes which underlie the Cleveland-all the other amendments out of the way unanimous consent that the order for the Akron area. despite the fact that more other than those which have previously quorum call be resemded.
than 4.mulion live within a close geo. been ident1 Sed in the unanimous consent The PRESIDING OFFICER. Without logical proximity, request. Those are amendments by Sen-objection. it is so ordered.
I am concerned that absent some leg-ators McCLns. Scmarr, and Dnxrw, Mr. JOHNSTON. Mr. President. I islative prohibition, that the Nuclear and a second-degree amendment by Sen.
caUed of the quorum in order to enter Regulatory Commission. DOE. may see ator Smesow. Other than those we wish into a short coUoquy with the distin-at to locate one of the disposal sites in a to take up all other amendments now guished Senator from Ohio, to whom I heavuy populated area, such as the one and then foreclose those amendments.
now yield.
I have just mentioned.
and then go to the ERISA bul, and when Mr. MIT2ENBAUIC Mr. President. I Mr. JOHNSTON. Mr. President. I do ERISA is Anished, not later than 10 a.m.
appreciate the cooperation of the mana-not believe that would be possible under to norrow, we return to the biU for the gtr of the bill, my good friend from the bill. The bill provides for monitored purpose of dealing uith those amend.
Louisiana, retrievable storage.
ments to be ofered by the Environment I am concerned about the problem of One of the advantages of monitored and Public Works Committee.
locnting nuclear was*.e disposal facilities retrievable storage is that we are not re.
So I would ask all of our colleagues-in areas of high density. I have given stricted to geologic formations.
and not to exceed eight amendments sotne consideration to oCering an amend.
It seems to me. the ideal kinds of from the Environment and Public Works mint to preclude that, or perhaps to places to store nuclear waste for moni. Committee.
provide some deSnition of the high den-tored detrievable are in areas where we So we would ask for our colleagues if sity area, as to what it is, by the Nuclear already have a large Federal reservation. they have amendments to the bill to Regulatory Commission.'
totany sealed of from public access.
come to the Soor now. Now is the time Would the Senator be good enough to My own personal choice at this time, to proceed and, hopefuUy. forever hold indicate whether that protection is al-which has not been engrafted on the your peace if you do not have any now.
rsady provided in the legislation and bul, would be an area like the Nevada Mr. PERCY. Mr. President, util the chether or not such an amendment atomic bomb test site, where we have Senator yield just to inquire once again could be necessary?
tens of thousands of acres of Federal is there any determination as to how late Mr. JOHNSTON. Mr. President. I am reservation, totally sealed of from pub-the leadership might wish to keep the happy to respond to the Senator.
lic access with tunnels actuaDy already Senate in this evening?
The present 11eensing process requires built. It is that kind of reservation to Mr. ROBERT C. BYRD. I would hope thtt concerns of health and safety are which monitored retrievable storage is to stay until action on ERISA is com-c.bsolute. so that the Nuclear Regulatory best adapted.
pleted, and if that is completed. if action Commission must provide for health and That, frankly, is one of the biggest on ERISA is completed, at a reasonably saf1ty.
reasons for going to monitored retriev-early hour. meaning 6 o' clock give or Beyond that. it is essential in locating able-that we are not restricted to these take a little bit, that we go back to this any nuclear waste facility that we be geological formations. Geologic forma-biU and continue to make progress on it.
able to funy isolate the facility, the tions, as the Senator's question suggests.
So I am saying that the Senate ought mouth of the facility if it is undel ground, do not occur at the places where we to be prepared to stay in until 8 or 9 or the entrance, from any external would hke them to occur. They do not o' clock tonight in order to complete ac-Events. Whether a crashing airplane. or occur on Federal reservations, necessar-tion on ERISA and make all progress individuals accidentaHy intruding upon 117. They occur in populated areas and possible on the pending business.
it, or indeed. terrorists who might want elserbere.'
The PRESIDING OFFICER. Who to come into the f acility.
For that reason, this biU makes it in-yields time?
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'. ~. CONGRESSIONAL RECORD-SENATE - e4 4.
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Mr. DOMENICI. Mr. Praf ent, parlin.
Also, the question of Ctate consulta-. The PRESIDING OFFICER..All time _
' -1~
mentary inquiry.
tion and concurrence is a very knotty is-having been yielded back, the question The PRESIDING OFFICER. The Sen-sue that has been evading our grasp is on agreeing to the amendment of the stor win state it.
both in committee and other committees, Senator from Idaho (Mr. McCI.URE).
Mr. DOMENICI. Can someone yield as weH. for months and months. We have The amendment (UP No.1455) was time to the Senator from New Mexico,2 settled that. We settled it by a vote of 83 agreed to.
minutest to nothing.
Mr. McCLURE. Mr. President. I move MrcJOHNSTON. Mr. President. I wiu The next reany big thhig is the away-to reconsider the vote by which the r
yield to the Senator from New Mexico from-reactor storages which will be a amendment was agreed to..
Hart ansendment. which wtB be in order Mr. JOHNSTON..I move to' lay that -
T such time as he may desire.
tomorrow if this imenimous-consent motion on the table.
Mr. DOMENICI. Iet me say to the leader and to my friends from Louisiana agreement is agreed upon. That is, reaHy.
The motion to lay on the table was and Idaho that I do not have any amend-the biggest remaining amendment. The agreed to, ments unless certain portions of the En. other amendments I am sure wiU be im-.
UP aMzNDKswT NO. lose,,
,,,)
vironment and Public Works waste dis-portant but not as critical as that.
Mr. McCLURE. Mr. President. I'have posal bin, which are not now part of the UP ncswouzwr wo. sus an amendment which I send to the desk bin ~ pending, are,in fact oEered or Mr. McCLURE. Mr. President. I send and ask for its itnmediate consideration.
adopted. '
x an amendment to the desk and ask for The PRESIDING OFFICER.a The Mr. JOHNSTON. IAt me say to m7 its immediate consideration, amendment win be stated..
friend'second-degree amendments to the The PRESIDING OFFICER.The clerk The assistant legislative clerk reads as Environment and PubHe Works amend-win state the amendment.
foHows:
ments would be in order under the The assistant legislative clerk read as' m senator fra Idaho Wr. ucam) unanimous-consent request we would fonows:
proposes an unprinted amendment num-seek to get. We want to make clear that bered 1456:
)
Pass 6. Une C insert after "mWmM.ng**
after we $nish this session here in the next few minutes if no amendments are M 455' me i n wing: ". by usinzau n of wanable
"""* # "'I P I* " * * "*""" F'*"'*I onered, then the only ones in order to-morrow are those oNered by the Envi-Mr. McCLURE. Mr. President, I ask extent,-
ronment and Pubuc Works Committee unnn!mous consent that further reading Mr. McCLURE. Mr. President, the in-or second-degree amendments to those of the amendment be dispensed with, sertion of this phrase win conform the amendments or those spectScany The PRESIDING OFFICER. Without poucy statement in section 301(b)(1).
referred to in the unanimous'-consent objection. It-Is so ordered.
regarding marimiring on site storage of request, which are from Senators The amendment is as fonows:
spent fuel to the direction in section 302 Scuxn'r. McCf.rar, and Drax:N.
Page 10. after time 8. insert a new subsec-to Federal of5cials to encourage and ex-The unanimous-consent request wiH' *.n soolc) as ronon" pedite the use of available storage at also refer to Senator SmPsoN's second.
(c) m secretary and the r'am m
- u ton.
the site of each civilian nuclear power.
degree amendment to the Hart amend-make proNet$n eg bas $e N ua uk d plant. The clari$ cation is consistent with t
the committee's intent, as indicated by ments, but that would be in order in any needed of spent fuel transportation casks re-event. We would expect that the time quired to support Pederal transportation re-section 302, and it win avoid a potential agreement on both Hart amendments in quirements pursuant to subsection (b). The ambiquity in section 301(b) leading to the Srst degree and also the secord-secretary and the commission are authorized a contrary interpretation requiring con.
' degree amendments, that those amend-and etreeted to take such actions as the see-struction of additional spent fuel pools i
ments would be under the same time retary and the commiuton, respecuvely at nuclear powerplants.
d**m "58Sf7 18d *PPP Pr1*t* *
- n Mr. President, this again has been dis.
l strictures as already agreed upon.
- d*d
. Mr. DOMENICI. I would say to my cussed with the majority. I think we are
,p,nt u trarspo o
friend that the original unanimous-con.
ready to act on the amendment.
sent agreement had 3 hours3.472222e-5 days <br />8.333333e-4 hours <br />4.960317e-6 weeks <br />1.1415e-6 months <br /> for a Do-Mr. McCLURE. Mr. President, the The PRESIDING OFFICER. The SenL menici amendment. At that point. when amendment is on page 10, after line 8.
ator frorn I.cnistana, i
I entered into the agreement, I did not to insert a new subsection 306(c).
Mr. JOHNSTON. Mr. President. the know whether it would be a second-de.
The ti:nely availability of spent fuel amendment does. in fact, clear up a po-i gree amendment or an amendment, be. transportation casks contiret.es to be a tential ambiguity and conforms the sec-cause. had the Environment and Public crit 2 cal path item essential and critical tion to the Energy Committee's intent.
Works Committee biU been in some way to the early and successful implementa-We accept it. I yield back the rmninder the text before the Senate, my 3-hour tion of the AFR program, particula.riy of my time.
l amendment would have been a Srst-de. for reactor plants which will be in the Mr. McCLURE. I yield back the re-gree amendment to it, most extreme need in the next 2 to 3 matnder of my time.
All I ask is that I be protected on 3 years Because of the several false starts The PRESIDING OFFICER. The hours even if it is a second-degree for this program since first announced question is on agreeing to the amend-amendment. Other than that, I will not in October 1977, industry has been re-ment of the Senator from Idaho (Mr.
have any objection.
luctant to commit capital funds for the McC1.t us).
Mr. JOHNSTON. We win certainly industrial capacity to provide the re*
The amendment (UP No.1456) was protect the Senator.
quired number of casks. The amend-agreed to.
ment w1H require aSrmative action en Mr. McCLURE. Mr. President, I move I must say. I thought the Senator had the consultation and concurrence which the part of the DOE and NRC to insure to reconsider the vote by which the had already been agreed to. But, in any that this element of the program is amendment was agreed to.
closely monitored and appropriate action Mr. JOHNSTON. I move to lay that
{-
event, we wiH protect him on that.
Mr. DOMENICI. I say to the Senator 1ab$
that I think it was either that or the "N* Prest ent, this amendment has ar d to' pilot regulation of R. & D. waste military been discussed with the major:ty. I think '
Mr. JOHNSM. Mr. Wesident, again' that is in the biH-we could adopt it and move on to the for the benent of au Senatcrs, we are i
i Mr. JOHNSTON. Mr. President. I next one.
now wamng for any amendmenu might say that we are most pleased with The PRESIDING OFFICER. The Sen-anyou may have. We he they the progress on this bill so far. There are ator from Louisiana, three really diScult parts of the bin, two Mr. JOHNSTON. Mr. President, the come promptly, becaw we hope to ask unnMmous consent. aner de expiraen of which have been dealt with already. distinguished Senator from Idaho cor-of a few more minutes that no more One is the effect of the environmental rectly and succinctly states the amend-amendments be in order exapt those impact statement. The Bradley-HatSeld ment. We concur with it.
amendment has. I think, very construe.
I yield back the remainder of my time. that previously were ident1 Sed..
tively dealt with that and gatisSed nr-Mr. McCLURE. I yield baric the re-Mr. MATSUNAON Mr. President. I tually all sides in this' matter, mainder of my time.
do have an amendment, but I will have to
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go and get'it. It'is tt the CCch. If -th3. clear waste legislation is pending, but et who has served for%
senator would withhold on that request, the present time no amendments are the financial clerk of.the h Mr. JOHNS'1VN. Yes; we will with-ready to be ' called up pending a later elected to retire after 30 years and [I 'C 1
h:1d until the Senator from Hawaii time today, at which time Senator HART.
months of servi:e in the disbursing o returns.<
Senator RawDotru Senator Otrwn, and of the Senate and an additional 5 I
The PRESIDING OFFICER. Who others will be ready to call up their of public service in the U.S. Army d l
yi: Ids time?
amendments.
World War IL
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Mr. JOHNSTON. Mr. President. I sug-The nomination of Mr. Zimmerman is Born in Esennahn M1gMr'M" l
gest the absence of a quorum and ask pending in executive session.
entered mHitary service from there that it be charged equally to an avanable It is important that the Senatg act on October 15, 1940, and by the time of I
~'
tims
'the ERISA legislation in view of the ap-discharge on December 21,1945, his serv.5EL-I The PRESIDING OFFICER.'Is there. proachina deadline in connection there-ice in the Pacific theatre had-includ N
l objection? Without objection, it is so with.
the battles of New Guinesand Luzon and' ' '
Crdered.
It was my liope that we could move to a battleneld commiuinn.
Thi clerk will call the roll.
ERISA for a while this afternoon so as When he was ritschaQ*Mr.-
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Th) assistant legislative clerk pro-to anow Senators time to prepare their strom attended George Washington UnN ~.-
ceeded to call the roll.
. amendments on nuclear waste, and then versity, and on May 1.1950.was first apF -
Mr. ROBERT C. BYRD Mr. President, come back to nuclear waste., ;
pointed to the sta!! of.the mnsta' dis:"W'A W I hst unanimous consent that the order I would hope that it would be possible bursing omce.
.n for ths Quorum cad be rescinded.
to go to ERISA a little later. The man-I know that I voice the sentiments of The PRESIDING OFTICER. Without agers on our side of the aisle are ready, all of my colleagues when ~I expresa'to cbjection it is so ordered.
and I understand that the managers on Mr. Malstrom our deep thanks for the the other aide of the aisle are ready. service he has given to each of us and There seems to be a problem in connec-to the Senate. and I know I speak f APPOINTMENT OF SENATOR PELL tion with one Senator, but I would hope all of us when I wish him and his wif TO THE SPECIAL JUDICIARY that we could meet and discuss the mat-Pearl a constructive, healthy, and ha l
SUBCOMMI'ITEE ter and resolve it in such a way that the retirement.
Mr. ROBERT C. BYRD. Mr. President, Senate could proceed to take action on And now, Mr. President. I ask unani-~
in acecrdance with the order of the Sen. ERISA while we are awaiting settlement mous consent that the resolution at the ate predously entered, under the author-of problems on nuclear waste.
desk be made the order of bminm of the ity reposed in me by that order I hereby Mr. BAKER. Mr. President in connec-Senate, announce the appointment of Mr. Ct.Ar-tion with the statement by the majority The PRESIDING OFFICER. Without EORNE PEI.I. to serve on the ad hoc sub. leader in respect to ERISA, I wish to objection, the Senate wiu proceed to its I
state, as I previously advised the major-ity leader privately, that we do now have,immediate consideration.
cornmittee of the Judiciary Committee The Senate proceeded to consider the chich is to conduct an investigation of the actions, if any, of individuals in the an objection lodged on this side from resolution.
rspresentation of foreign powers.
One Member to the immec'iate consid-Mr. EAKER. Mr. President, through-I 71 eld to the distinguished minority eration of that measure, out its history. the U.S. Senate has been leacer.
I am afraid I do not know any more blet.ed with employees who exemplify about the disagreements at this moment. that which is the very best of public I am willing to meet with the involved service.
APPOINTMENT OF SENATOR LUOAR Senators and see if we can identify the We are losing just such an employee TO THE SPECIAL JUDICIARY SUB-problem or if we can devise an alterna. Thursday when Bob Malstrom, the COMMI'ITEE tive. I understand the majority leader is Senate Anancial clerk, win retire after Mr. BAKER Mr. President. I am wining to discuss that with us a little more than 30 years of distinguished and pl ased to inform my couengues that the later this afternoon.
devoted service to this body, distinguished Senator from Indiana Mr. ROBERT C. EYRD. The Senator Duttng the three decades in which he (Mr. LCcAa) has Consented to serve on is correct. I would ~ anticipate our meet-has served in the disbursing oece_as a the special Judiciary Subcommittee ing at 3 p.m.
clerk, the chief bookkeeper, the assistant charged by the Senate last week to in-I would again say to all Senators pres. Anancial clerk. and for the past 4 years, vest: gate the activities of agents of for-ent on the coor and to those who are in as the anancial clerk-Bob Malstrom eign governments in this country.
their oSces who may be listening, there has witnessed, and mastered, an unpar-Senator LUoAa's wiUingness to assume is Considerable work to be done by the AUeled increase in responsibihties, this onerous duty is greatly appreciated. Senate before the Senate adjourns for From the days of over-the-counter."
both by myself and by the Mce chairman the August recess. I would hope we could cash salary payments to less than 2.000 of the committee, the able Senator from utilize the hours to the best advantage. Senate employees in 1950, the disbursing South Carolina (Mr. Tm amonn). Fur.
OSce has become a sophisticated, com-ther. it is indicative of his leadirship and puter:2ed Anancial center which admin-his devotion to his responsibilities to the RETIREMENT OF ROBERT A.
isters a monthly payrou of more than Foreign Relations Committee, the Sen.
MALSTROM
$12 minion to more than 7,000 employees.
. ate, and the Nation.
Mr. ROBERT C. BYRD. Mr. President.
Furthermore, Mr. Malstrom and the This appointment alls the Republican I have a resolution which I ofer on be-members of his staa have been of in-membership on the special committee. half of myself. Mr. BAKEa, and Mr. Valuable assistance to me and* members I thank the distinguished majority SrrvrNs. I send it to the desk and ask of my staf in making certain that the leider for yielding to me at this time so unanimous consent to speak for not various guidelines and requirements for I could make this announcement.
to exceed 1 minute on that resolu-the Onancial management of a Senate I would urge the committee to begin tion, and then I win yield to the Senator 05ce have been adhered to. I am certain each Member of the Senate has come.
its denberations forthwith, from Hawaii.
as I
, to rely greatly on the adnu The PRESIDINO OFFICER. The reso-lution wiH be stated by title and recommendations of the disbursing l
ORDER OF PROCEDURE oSce and. in particular. of Bob Mal-The assistant legislative. clerk read as strom. His service has been truly exem-Mr. ROBERT C. BYRD. Mr. Presi, foDows:
plary. -
dent, while I have the Soor, I hope the A resolution (Se Res. 493) to commend I.n. citizen Congress " I would light-deed. as an advocate of a return to Senate win be able to make progress. Rotwrt A. Malstrom upon his Mtirement as g
We are operating on about three tracks mancial N M m Senate.
heartedly interject that I fear Bob has at the moment. We have the Alaska Mr. ROBERT C BYRD. Mr. President, perfcrmed entirely all too wen. Because-lands legislation on which Senators are on July 31, the Senate will lose another of the eScient service and courtesy that working and consulting with reference to of its longtime, dedicated, responsible, has become the hnHmark of the disburs-certain areas of disagreement. The nu-and valuable servants. Robert Malstrom, ing occe,it win be a.U the more diccult
~
l 4 _
s
'I$ly 29; 1985 '
'CONGRESSIONAf RECORD-.SENiIE S'1'006i to ever get'the Senate to pend' muih
'On'pese'8 after line 21' insert the tonon logic repository'is 1n operationiam s
~
l l
time outside these HaDs.
ID8: ' - -
Mr. President. in behalf of every Mem.. m " test dismaal,, means the emplacement convinced that the American people win ber from this side of the aisle Iwant to in a repository of an amount in excess of not wait that Iong for a resolution to
[
thank Bob Malstrom for his unwaver-100 camstors of spent nuclear fuel, high. the nuclear waste question and stul sup-level wastas or tansurnale conomted port the construction and operation of ing devotion and service to this grand waste; both to him and to his successor. Stuart additional nuclear reacton. While I sup-l institution; express our cengratulations g
. President
- this port the development and use of renew-able energy technologi uch fu wife. P ev in ty mi t end th ti i
h v tha ev l
and pleasure in the mmtrw yean.
State ment of these options means that we can The PRESIDING OFFICER.The quess 00,I'his n'M scale test facili-lessen our rehance on nuclear energy. To con is on agreeing to the resolution.
ties that are not related to.the national the contrary, I am convinced that wef The resolution (S. Res. 493) was "Nd program ~
will need to continue to expand the uso l
The preamble was agreed to.
Again this amendment has been dis-of nuclear energy wellinto the next ces-l The resolution with its preamble reads. cussed with the manager for the major-tury if we are serious about overcoming "8IO 0*8 ity. I do not think there is any problem our national dependence on.. imported S. Rza. 493 with the amendment. I am prepared to 0 11-Wheress upon the retirement of Robert yield back the remainder of my time.
Wmer, as the natural uranium re-Mr. JOHNSTON. Mr President, the sources of the United States are de-pp o for h r o ye o
rvi Senator correctly states the amendment. pleted. we wiD need to turn to the use as an employee of the senate. including s It.is a good amendment. We accept it. I of the breeder reactor, which has the years as the Mnanetal cert of the senate: yield back the remainder cf my time.
feature of producing more fuel that it l
Whereas the said Robe-t A. Malstrom at Mr. McCLURE. Mr. PWident. I yield consumes and thus constitutes a vir-all times bas discharged the important duties back the remainder of my time.
tuaHy inexhaustible source for generat.
end respons1bulties of his OSce with great The PRESIDING OTFICER. The ques. ing electricity and potentiany other uses.
j erntency and dnugence; and Wbertas his exceptional service and his tio.n is on agreeing to the amendment.
I believe that the provisions of S. 2189 Ihe amendment <UP No. l<s7) was constitute a carefuuy conceived ap.
j continuous dedication to duty have earned agreed to proach of dealing with the Spent fuel l
ho#
bee b Mr. Mck' LURE. Mr. President. I move storage and nuclear waste disposal ques-n o Resolped..That Robert A. Malstrom is to reconsider the vote by which the tions. While still permitting us to take hereby commended for his lengtbr. faithful. amendment was agreed to, action within the next few years instead and outstanding service to the Senate.
Mr. JOHNSTON. Mr. President. I move of postponing everything for two,more Sze. 2. The secretary of the senate is di-to lay that motion on the table.
decades.
l rected to transmit a copy of this resolution The motion to lay on the table was The provisions of title III of S. 2189 to Robert A. Malstres, agreed to.
prtwide for the Department of Energy to GLzN N AMI:!fDMzNT v0 s. s18e establish a limited amount of away.
(.
NUCLEAR WASTE POLICY ACT e Mr. STENNIS. Mr. President, on yes-from-reactor storage capacity for spent terday, Monday, July 28. the Senate fuel from ch'ilian nuclear powerplants to The Senate continued with the con. adopted. by a unanimous vote of 83 yeas, serve as a safety valve for those utilities sideration of the bill. S.2189.
an amendment by Senator GLuN to S.
whlCh are unable or are prevented from Mr. MATSUNAGA. Mr, President. I 2189, the Nuclear' Waste Policy Act.
expanding spent fuel storage mpacity on rise in support of S. 2189. the Nuclear
%mong other things this amendment site at their reactors.
Waste Peliev Act. In so doing. I wish to for the first time provides the States with, reprocessing in this coun With the indeanite postponement of commend the Senator from Louisiana statutory rights to participate in the j
for the leadership he has displayed and Federal nuclear waste repository devel-proach seems to be a responsible Federal demonstrated in this matter.
opment program. Spectacany, it requires action to prevent existing reactors from I also commend the Senator from Ohio the Department of Energy to consult being shut down. This seems particular-for having initiated a compromise and cooperate with the individual States ly important with the uncertainties in i
amendment, which I think makes the bill throughout the repository planning and the world energy supply. We can tardly entirely acceptable.
development process.
aford to shut down any of our nuclear Mr. JOHNSTON. Mr. President, I This amendment has great merit and powerplants as long as they are safely thank the Senator from Hawail. I %"% I strongly support it. However, for rea-operating, since they currently supply him for his help on the b!11 as well.
sons beyond my control. it was not pos-13 percent of the Nation's electricity and Mr. PRYOR. Mr. President, I ask sible for me to be present at the time win, over the next decade, provide an unanimous consent at this time that the vote was taken. Had I been present ever-increasing percentage of our Na-l Mr. John Tull of my staf be granted I would have certainly voted for the tion's electricial needs.
l the privileges of the floor during the de-amendment. I had already informed my The provisions of title IV of S. 2189, bate on this particular legislation.
colleagues of my position before the vote. while calling for action on a facility de-The PRESIDING OFFICER. Without As chairman of our Armed Services Com-signed to permit retrieval of spent fuel i
(bjection,it is so ordered.
mittee, as well as a Senator from Mis-or high-level waste, also continues an 1.
tm Axprouwv No. 34 st sissippi and a member of the Senate as e.ggressive program to find a geologic dis-Mr. McCLURE. Mr. President. I send a body I have a many sided responsi-posal technology or other technologies an amendment to the desk and ask for bility in this field and am pleased we which may prove to be better than the its immediate consideration.
are moving on this highly important retrievable disposal system. However, The PRESIDING OFFICER. The problem.*
there is also recognition that action is P
amendment will be stated.
- Mr. CHURCH. Mr. President, I sup-needed prior to the time that every ques-I The assistant legislative clerk read as port S. 2189. the Nuclear Waste Policy tion about the irretrievable disposal of follows.
Act, which'is intended to move toward high-level waste can be answered.
the solution of pressing problems in I believe. along with many of my col-spent fuel storage and high-level waste leagues on the Energy and Natural Re-prot e an u print sme n
bere W.
disposal. This blu is an outgrowth of sources Committee, that this biH consti-S. 685, on which I was an original co-tutes a responsible and sensible accroach Mr. McCLURE. Mr. President, I ask sponsor with Senators JoHNsvoN and to dealing with the spent fuel and high-unanimous consent that further read-JAcxsoN.
level waste disposal issues both in the ing of the amendment be dispensed with.
Under the ar m!nktration's proposed near future and in the long term.
a The PRESIDING OFFICER. Without schedule for achieving geologic disposal There is other legislation in the Sen-ebjection. It is so ordered.
of high-level waste, the year 2000 will ate which is of concern to me because it The amendment is as foHows:
alremiy be history before the arst geo-offers only the prospect of continued de-l t
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lay, inaction, and andangiad mahdala.+y ; Mr. President I & gain congratulate my
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. The clerk will call the 2o11. _.:sI gies for dealing with the spent fueland distinguished colleagues for the states.
The legislative clerk proceeded to call a
nelaar waste questions.I hope my col inanuka and expeditious way in which the roll.
leagues will be able to see tiae deM11tating they have begun work on S. 2189, the Nu.
Mr. JOHNSTON. Mr. President I ask e5ectsthatmanyof theprovisionsof this clear Waste Policy Act, and I look for. immMmous consent that the order for legislation would have if it were oSered ward to joining their further deubers. the quorum call be rescinded.
I as amendments to S. 2189; it wiu fore. tions today.
The PRESIDING OmCER. Without '
stan action at a time when it has become
'Ibe PRESIDING OPFICER. Who objection. it is so ordered.
I
- clast that action is needed to deallrith yields time?
4 f
Mr. JOHNSTON. Mr. President.I sug.
the public's concerns about the stomge' Mr, JOHNSTON. Mr. Pnsident I sug. gest the absence of a quorum and ask of spent fuel and the disposal of high. gess the ahmanaa of a quorum, the time to unanimous consent that the time not be level waste, and at a time when nuclear be charged equally to 41 Senators who charged to anyone.
l power has never.been more urgently have time remaining.
The PRESIDING OPFICER. Without l
needed.
'Ibe PRESIDINOMPICER..Withcut objection it is so ordered.
I I, therefore, urge my colleagues to vote objection, it is so crdered.
The clerk wSI can the roll. -
r.
. along with the manata Energy Committee The clerk will call the rou.
The legislative clerk proceeded to can in opposing such -counterproductive.. The assistant legisirOe clerk pro. the roll.
amendmenta.o w -
~ coeded to can the rou. - vm,
- Mr. ItOBERT C. BYRD. Mr.1Prost-
.~
Mr. BAEER. Mr. President, I want to Mr. JOHN 8 TON. Mr. President I ask dent I ask imanimaus consent that the take a moment to cammant on the No- 'manimous consent that the order for order for the quorum can be rescirWi clear Wasta Policy Act which we win the quorum can be ramrondad The PRESIDING OPFICER. Wim i
shortly take up again today. Testerday, The PRESIDING OFTICER (Mr. objection. it is so ordered.
.while I was required to be away, the Sen. HarLIN). Without objectica, it is so dent, the Senate presently is aa~th Mr. ROBERT C. BYRD. Mr. Pre l
cte began consideration of this legisla. ordered. -
tion, and it did so with a resolve, indeed Mr. JCENSTON. Mr. President, the under an order which temporarily lays i
a imanimity that I believe demonstrates Senator from Ohio (Mr. MetzewsAUM) a&ide the Alaska lands biH until the wa are on the threshold of a national has indicated that he does not wish to disposidon of the nuclear waste legis-policy for dealing with this most complex call up any amendments. Therefore, we lation or until such time s.s the major-and controversial problem.
are at the point previously discussed, ity leader, after consultation with the I am delighted. Mr. President, that the where we should ask ior unanimous con. minority leader, caus the Alaska lands Senate began its consideration of the sent. andI will talk for s moment about blu back before the Senate; am _I nuclear wasta legislation by reaching a the scope of that while we wait for the comet?
compromise solution to one of the most majorityleader.
The PRESIDING OFFICER. De Sen-sensitive of au problems we are likely to What we would propose is that we ator is comet, encounter in the course of our debate on temporarily lay aside this blu in order this measure. The question of State to take up other matters at the pleasure
" consultation and concurrence " as my of the Senate; that the blu be laid aside UNANIMOUS-CONSENT AOPmrp NT good friend, the Senator from New Mex. until not later than 10 a.m. tomorrow; Mr. ROBERT C. BYRD. I thank the ico (Mr. Doutwicz) so appropriately con. that no further amendments to be in Chair, csived it Rtata consultation and con. order, other than amendments to be Mr. President. I ask unanimous con.
currence in the planning.1iting, develop. ofered by the Committee on Environ-sent that the Alaska lands legisistion ment, construction, and operar. ion of nu. ment and Public Works. no more than continue to be laid temporarily aside un-clear waste repositories has now been eight in number, time agreementa on der those same conditions; provided fur-satisfactorily resolved.
those to be covered by the previous time ther that the nuclear wasta legislation be
. And I especially wish to commend my agreements; that amendments in the temporaruy laid aside until no later than gther coDesgues on this side of the aisle, second degree be in order according to 10 o' clock tomorrow morning, and that the Senator from Idaho (Mr. McCt.raz), previous time agreements; that amend-in the meantime the Senate proceed im.
the Senator from IHinois (Mr. PzacT), ments agreeable to or cHerod on behalf mediately to the consideration of calen-and "te Senator from Wyomtng (Mr. of the Energy Committee be in order; dar order No. 962. S.1076, the ERISA Stat. - J who worked d1Higently with that two amendments by Senator Gr.txN, legislation; provided further that when
. cur disdnguished couengues, the Sena, an amendment by Senator Dourw1c2 the Senate returns to the consideration tors from I.4uisians (Mr. Jounsrow), previously outlined in the time agree-of nuclear waste, S. 2189, either later to-Ohio (Mr. OLtxx), and Colorado (Mr. ment, an amendment by Scnator Mc-day upon the disposition of the ERISA and with the Chairman (Mr. Se"xuzTT.be in order; that the second-OIcaE. and an amendment by Senator legislation HAaT),
Jacxsos), and ranking Republican mem.
tomorrow morning, the only amend-ber (Mr. HATrIII.D) of the Energy Com. degree amantiment by Senator SIurSow ments to S. 2189 that would be in order
_ Jnittee-.itt.fesching_the _ compromise be governed as to time according to the would be not to exceed eight amend-agreement on ibis issue. I believe that previous time agreement; that no other ments by Mr. HAar from the Committee the Percy-Glenn amendment, as modi-amendznents be in order.
on Environment and Ptrblic Works, two fled. provides essential assurances to the I hope the majority leader wiu make amendmenta by Mr. GL xx. one dealing Etates and to native Americans that they that request as soon as he comes to the with AFR. the other dealing with licens.
win act as partners with, not subjects of. foor.
ing of long-term monitored storage fa-ths Federal Government in providing for I ask the Senator from Idaho, have I cliities; one amendment by Mr. McCLear the safe, long-term disposal of nuclear correctly stated that?
identi$ed in the time agreement previ-wastes.
Mr. McCLURE. I say to my friend from ously entered into; one amendment by
. FinaHy, Mr. President. I would observe Louisiana that that is our understanding Mr. SewurTT; one amendment by Mr.
- thit once again we are considering aJ wherewestand now.
Drax:x; one amendment by Mr. Dour-vitally important p'ece of energy legisla.
The two amendments to be ofered by N!ct; one amendment in the second de-tiin. With all the def errals, with AD the Senator GLExx were not covered by the gree by Mr. SIurson, an of which discussion, with au the studies that have previous order. They may need some amendments are identiSed in the time chtracterized the halting attempts at further identimation in the unanimous-agreement, and one amendment by Mr.
au levels of goverhment to deal with the consent agreement when propounded. JAv:Ts in the second degree to the Hart nuclear waste problem,it is perhaps ensy Other than that I have no further addi-amendments; provided further, that any to forget that this b1H. when it is SnaHy tion to the staternent made by the Sen-amendments ofered on behalf of the En-
- passed by the Senate, wiu do much to re-ator from Louisiana, ergy Committee win be in order; pro-store conSdence that the waste products Mr. JOHNSTON. Mr. President. I sug-vided further, that the second-degree from the generation of nuclear energy, gest the absence of a quorum and ask amendments, of course, wiH be in order; hk2 stber waste products from other nnaMmous consent that the time be and, pmided. DnaHy. that time on en:rgy sources. can be handled in a safe, equaHy charged.
amendments would be smerned by the gnvironmentauy. sound, responsible The PRESIDING OFFICER. Without oristnal time agramment mann.r.
objection, it is so ordered.
Mr. BAEER. Mr. President, reserving
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the right to ' object.- and I will not, and Just put.by the majority leader. It is intuate a program for m disposal or nucisar N
I wish to put two questions under the ident1 Sed as a second-degree amend. waste from civtuna neurtstes, and for other reservation and then yield to the distin-ment to Hart amendmenta.
purpmes, only the tonowing amendments guished Senator from Idaho who is man-Mr. JAVI'IS. That is correct, except it. abau be in ordw: a mart amendments, osered aging the bill on the part of this side of was not in the original request.
on behau of me comuntttee on Environment
$'01 aisle-it is my understanding. Mr. Presi-Mr. BAEZR. But it is in the request
%h e
amen n
dent, that as and when this order is just put by the leader at my request.
uve to APR and uoanstas or sons. term mona2 grar.ted and we lay aside nuclear waste Mr. JAVITS. I thank the Senator.
tored storage ractuty, on each or which tam '
and proceed to the consideration of. The PEESIDING OF7ICER. Is there shan be 1% hours; a atmpson==aad==nt in 3
ERISA. that ERISA would not be A-objection? +
the second degree. on which thm shan be nally disposed of this evening, pending Mr. JOHN 8' ION. Did the majority 1% hours; a Domenici amendment, which further ewamination of that b!!! by cc ' leader make the request on the germane-has to be semane, on which tam shan be a bours: a achmitt =maadment, relauve to tain Members who have expressed a par-ness?
e ticular intrest in it.
Mr. ROBERT C. BYRD. What is the
"#***P '**" * ""*'**' ****** ** ' hi*h 9
Mr. ROBERT C. BYRD. That is cor-wish of the.two managers in that $nt, uve t i mixedb*1d
~
on w rect. with respect to Mr. Aamstaowa.. respect?
then shat! be i hour; a Durain==aad=ent.
Mr. BAKER. That is the Member I am Mr. JOHNS ~ ION. 'Itat all amend-reistive to nuclear weste, on whtok thm
, referring to.
ments be germane, except those identi-shan be 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br />; a Javits amendment in the -
Mr. ROBERT C. BTRD. Yes.
fled in the original time agreement, it second der se to a Eart amendment, on Mr. BAEER. Mr. President. beyond being understood that the Javits amend. which there vaall be 40 trinutes: and any that I know of no other amendments.
ment is germane.
amendsent6 'md on behalf of the com.
It is my unders+=ncttnt. however, that Mr. McCLURE. Mr. President, the ger-
'"I**** ** ****
- y and Natural Reecuroes, and under the order second degree amend-maneness requirement for those speciSed $*,1 Ng*,"***",$' ','g[j"he um t4 mints in general would be in order and in the original time agreement would be be equalir divided and controued by the any amendment by the Energy Commit-as specified in the ortrinal time agree-mone or such and the manager of the but:
ten would be in order.
ment. All other amendments except with time for debate on any debatable mo-Mr. ROBERT C. BYRD. That is cor-those would have to be germane.
tion. appeal, or point et order which is sub-rect.
Mr. BAKER. Mr. President, reserving misted or on which the chair entertains de-Mr. BAEER. On that basis I have no the right to object, would it be equally bate to be umited to 20 minutes, to be equally objection. I know of no objection on this clear and satisfactory to say that amend. divided and controlled by the mover et such side. I yield now, if I may, to the distin-ments must be germane except those and the snanagu of the bm: Mowed. That suished Senator from Idaho.
specified in this revised request? Because in m went m maneser of the bm la in Mr. McCLURE. I thank the Senator I want to make sure that the Senator #*[o7tn op t1 nYe gg a
be contro11 for yielding. We know of no amend-from New York and others who are by m minority loader or hia designee.
ments of this side that have not been included in this request are not subject ordered further. That on the quesuon of speciacally identified in the imenimous-to a challenge on the question of ger-anal pasnaee of the said but. debate shau be consent agreement already.
maneness.
11mited to 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br />, to be equally divided and Mr. JOHNS'IVN. Mr. President, re-Mr. McCLURE. With one exception. controued. respectively, by the senator from serving the right to object. it is cleat here that would be with respect to amend. Loulaiana (Mr. Johnaton) and the Senator that all these must be germane amend-ments in the second degree, from oreson (Mr. antaeld): Provided. That ments.
Mr. ROBERT C. BYRD. Just to be then be 2 addmonal boun on m bm undw Mr. ROBERT C. BYRD.' WeII. it is clear, in the original agreement. it was $3:
' sanaw f,gh,,,
clear only that the amendments which provided that no amendment that is not additional hours on the bm under the con-have been specified would be in order.
germane to the provisions of the said trol of the senator fred Colorado (Mr. Eart)
Mr. JOHNS'IVN. Would the majority bill shall be received.
and the senator from Wyoming (Mr. simp-leider-since the original time stree-It would seem to me, if we stick to son): Fromded further. nas the said sen-ment did have that stipulation could the that agreement with the proviso that the stors. or any one of them, may from the majority leader--. add that stipulation? amendment by Mr. JAvrrs in the second time under their control on the paamage of Other than that the reques*
degree would be in order and that all the said bm. muot ademons! tune-to any Mr. McCLURE. Reserving the right to other amendments that have been iden-senaar during m oonalderation of any object. Mr. President-and I do not in-t:fied would be in order, that that would "$'n $^rd'r.
tend to obMet-let me say to the Senator resolve it.
p fron; Ir.tisians that the amendments Mr. McCLURE. Yes.
Mr. JAVITS. If the leader would yield, that are specified in the cristnal agree-Mr.
JOHNSTON.
Second-degree I am pleased that Benator AaatsTRoNG is ment are subject to whatever conditions amendments have not been identiSed in here. First. I would like to say that he were laid upon those amendments in the that sense. so that they would have to be has been extraordinarily helpful and co-original agreement but no other.
germane.
operative as a colleague in allowing us Mr. JOHNS'IVN. That is correct.
Mr. ROBERT C. BYRD. According to to proceed with a very complex bill which Mr. McCLURE.The only other amend. the original agreernent, no amendment has a very serious deadline. Second. I ments that.are available at all undei not germane to the provisions of the said would like to record the fact that he has
,the agreement would be those emanating bill sha!! be received. It would be under-given us his assurance that he will give from the Environment and Public Works stood that amendments in the second us his word on the subject by tomorrow Committee or from the Energy and Nat-degree would have to be germane to the morrdng.
ural Resources Committee, plus amend-amendments in the Srst degree with the Mr. ROBERT C. BYRD. Yes. he did, ments in the second degree to any of the exception of Mr. JAvrrs' amendment. He is here to speak for himself. He indi-above-mentioned amendments, which is taken care of.
cated he would like to do that even this Mr. JOHNSEN. Mr. President. If the Mr. JAVITS. Will the leader yield on afternoon.
majority leader would amend the request the ERISA bill?
Mr. ARMSTRONO. Mr. President, if to state that all amendments would have Mr. ROBERT C. BYRD. Could we get the majority leader will yield. I am pre-to be germane except those identiSed in the agreement on the nuclear waste bill? pared to express my views on ERISA. I the orig:nal time agreement, those to be Mr. JAVITS. Yes.
am not clear on the nature of the pend-subject to those conditions on germane
- The PRESIDING OFFICER. Is there ing business.
objection? Hearing no objection. It is so Have we agreed to take up the bill?
ness--
Mr. JAVITS. Mr. President. reserv*
Is that the pending business?
ordered' ext of the agreement follows:
ing the right to object. I just want to The t Mr. JAVITS. I think the leader has be sure my amendment would qualify.
not yet asked for that.
ordmd nat when the senate resumes Mr. BAKER. Mr. President. if the Ben
- considersuon of s. 2189 (order Fo. 582), a Mr. ARMSTRONO. It is my under-
- ator will yield, the Senator from New bm to estabush a program for Federal stor. Standing that the majority leader will York's amendment was set out in the re-age of spent fuel from carinan nue: ear power-soon ask to take that up.
vised request and does qualify as it was plants, to set forth a Federal poney and Mr. ROBERT C. BYRD. Mr. President, O
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z I thought that was included in the re. cerns. He has often, and properly, exi Sec los. IhradbanoN&
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quest. Let me say it this way: I included pnssed his concerns for consideration of
? Nana. -.~. omaussagen,,
that in the original request, with the bills and measures on the floor. absent 8** 104 Employer withersi,alk ' #"N%T understanding that Anal action would the requirement of the 3-day rule with "ansfer of pian e e.t.7 *W not occur on ERISA until the Senator respect to reports, u**: rer=~ %
A, from Colorado (Mr. AnustacNG), had Thi8 is a little different situation. I Q[IDuuM requbument AC.
given his clearance. I think I stated, or would like to call the attention of our Wym: ameneg. @ b a I will state now that it was my under. colleagues to the waf this came about.
sec.' loa. Pnmtuma. ;c mr" nauon: wm**g*#"
l standing that that would be today, per. There is no report in this case. Instead,
'y.M lr haps-not necessarily-but that it could the distinguished chairman of the F1 sec.106. Annual repors of stad u;; 9 be within the next hour or so.
. nance Committee. Mr. Ims, placed what Sor~ -.c % ~
Mr. ARMSTRONG. Mr. President, I otherwise might have been in a report in seLM. Conung*S employer nahcqD I
appreciate the majority leader's cour. the Rzcoan on last Thursday, which the Sec. los. *rmd'* rules andeencun" ene I'
tesy and I am prepared to give my clear. majorityleader just pointed out. That is ance for whatever it is worth at this a source of information.that Me".ibers "'*[gg ***"M32m5 70 'I2E nracat*M a time.
interested in this bill-and I am sure CCD8 CP 18%.-- -
[.
Iet me just explain to the Senate that every Member-is interested in this biU-Sac 201. ""'a.nsa of ne Insernal mene.
- "8 th'> concern I feel is that we have a bHI may utilize to try to make their valued
- Sec. 202. M u"u'a
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which is very complex and which afects, judgment.s ca es desirability.
- * ** '*Db non.
in a very material way, the rights of mil.
But I am concerned that that proce, sec. 203. utnimum fundmg nqutnmens '- cst lions of employees and hundreds of thou. dure should not t'isplace, it should not see. 2o4. Exetse wres.
aands of employers. It is a terribly com. take the place of We regular reporting 8*c. 205. Deducubmty of employer used plex bill in which there have been lit. requirements or the reegular reporting
- perments, erally hundreds of changes made in the opportunity by comm.ttees.
sec 206. ununum vesung requinawata.
. (1 8
last month or so and which comes to the Once again. I thank the Senator from seel2c8 Re tM ch P]2 e. i'*"
- 5 '
Coor without a committee report.
Colorado for his stateraent and clear
- For that reason. I expressed to the ance. I titank the majo/ity leader for Sec. 209. Ts.x exemption for withdraudus.
M~
biuty payment runds.
raannters of the bin my concern. Srst, working this out and girinc the Senator sec. 210. Ececuve date.
that that was not a good practice to ffom Colorado time to express his TTTLE IU.--AMENDMmrrS 'IO TREE I OP bring an important piece of legislation concerns.
THE EMPLOYEE RrrIREMENT INoOME cr. for that matter, any legislatica to But I would like to state that I) tope SECURITT ACT OF 1974 the Soor without a report; and, second, in the future we do not engage in the sec.3cl. Amendment of the Employee Rew th:t in this particular case, I was dis. policy of putting a statement in the ment Inmme security Act of tressed.that a bill which had so much record to serve as a substitute for a 1874.
potential for technical errer and mis. 1ormal report to the' Senate, sec. 302. Deansuon of mutuemployer plan, chief might be enacted without giving see. 303. Mintmum vesting nqmnments.
Senators the bene $t of that kind of sec. 304. Minimum funding nquirements.
scholarship and information.
MUI.TIEMPLOYER PENSION PI.AN Sec. 30s. Appucation of interested party I am mindful. Mr. President. of what AWNDMENTS ACT OF 1980 rules t wtadrawal uabmty pay.
ment funds, hrppened when we passed RESPA a few The PRESIDING OFFICER. The see. 306. I.tquidated c'=ma es with respect to years ago. and I am mindful of the de. clerk will state the bill by title.
deltnquent contribunons.
cedents' carryover basis in the tax code -
The legislative clerk read as'follows: gQ 3g Sgp -
8 80 d8 tm and cther matters which have crept into A but (s.1076) to amend the E=ploye*
accons.
law without anybody really knowing Retirement income Securtty Act of 1974 Ebout it.
and the Internal Revenue Code of 1954, as sec. 309. Fiduelan duties.
sec. 310. Rafund of certain withdrawal 11a.
Upon checking. I have decided that my amendw. f r the purpose of improving re*
bmty payments.
misgivings are substantial, that the mis-mulu'empt r pens 1
s eng* en.
TrrLE IV-MISCELLANEOUS PROVISION 5 givings have foundation, that there are ing the funding requirements for those sec. 401. Amendment of the Employee Re-reasons to be concerned, and yet, tmder plans, authorizing plan preservation mess.
urement income security Act of th) circumstances, I am not going to pre-ures for financiauy troubled multiemployer 1974.
sent Elly objection.
pension plans. and revising the mmer in sec. 402. Related technical amendments.
Rather than delay the Senate further, which the pension plan terstnauon insur. see. 403. Conforming amendments.
ance pronsam apply to muluemployer sec. 404. Clerical amendments.
let me just again thank both the major-ity and minority leaders for their cour-plans.
Sec. W.
en beton ngulaum are tesy. But let me say, just s.s a matter of The Senate proceeded to consider the sec. 406. Pension Beneas ouaranty Corpora-practice, I do not think the Senate bill, which had been reported from the con put on budget, should consider legislation without hav-Committee on Labor and Human Re-see. 407. Church plans.
ing before it, under the 3-day rule, sources and the Committee on Finance.
Sec. 4cs. Deductidtuty of payments to plan a published committee report.
Jointly, with an amendment to strike a.Il by a corporation operaung puolic Mr. ROBERT C. BYRD. Mr. President, after the enacting clause and insert the transponauon sysum acqmnd I tF n ede the distinguished Senator for following:
3,,, g,,DJ,,*r o7preempuon in case 8
of stating his position and also indicating sacrzow 1. suoat Trrts-Hawanan besath can plan.
his clearance or the matter.
Thi, iet may be nited as the Multiem. see. 41o. Treatment of certain.e erance par May I say, however, for. the record. ployer Pension Plan Amendments Act of and supplemental retirement in.
that M.r. Loxo, ori last 'Itursday, did 1980".
come arrangements as welfan place into the Recono, by unanimous sse. 2. Tanta or cowrzwTs.
Pl*C8-see g ;1g o,f mgl,=,ay,pomg consent, a summary of the bin. I say that T3e tabie of cont,nts is,, ionows:
e uo
,g so that any Senators who may wish to TABLE or cohrrNTS anty Corporsuon and Secretary of study the Escorso of that date may 2nd 3,,,3,.shon uu.
Labor.
therein a printed summary of the bill.
see. 2. Table of conteuta, sec. 413. study by General Accounting of-I believe the summary includes some Sec. 3. Findings ara decia.ition rf polley.
ace; hearings required.
views by Mr. Avrrs.
TrrLE I-AMENDbfENTS TO TTI" E IV of src. 3. Prxerxce wo DECLasAT!oN or pol 2CT Mr. BAKER addressed the Chair.
TEE EMPLOTEE ErrIREMENT INCOME (a) The Congress Ands stat-The PRESIDING OFFICER (Mr. R22-sECURrIT Ac r OF 1974 (1) muluemployer pension plans have a ctz). The Senator from Tennessee.
sec.101. Amendment of the Employee Re.
substantial tmpses on interstate commarco Mr. BAKER. Mr. President. I wish to nrement Income security Act of and are afected with a na4onal pubiac in-frpress my thanh to the Senator from
- 1974.
tarestl Colirado for his agreement to proceed in sec.102. Muluemployer guarantees: aggn.
(2) muluemployer pusion plans have so-this Instter. I am fully aware of his con-gate limit on guaranteee.
counted for a substantia 1 portion of the in-
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of
-- PROCEEDINGS AND DEBATES OF THE h CONGRESS, SECOND SESSION
,-A A
- ... x Vol.126 "
WASHIN'GTON,'. WEDNESDAY, JULY 30,'1980 No.120 W
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(I,ealsZative day of Thasraden June I2.1940)
The Senate met at 9:1.5 a.m., on the RECOGNITION OF SENATOR PROX-Nonetheless. Mr. President. I should expiration of the recess, and was caHed MIBE point out that the July 15 report has a to order by Hon. QUENTfN N. Bcan'ac &
Senator from the State of North Dakota.
The ACTING PRESIDENT pro tem-far mon negauve tone San me two m pore. Under the previous order, the Sen. ports issued in connecuon wi2 he Arst stor from Wisconsin (Mr. Paoxac:as) is guaranteed loan. A iew quotas will oonvey Ps m a recognised for not to exceed 15 minutes, the air of melancholy that pervades this The chaplain, the Reverend Edward latest report.
L. R. Elson, D.D., offered the fonowing
?*hHe reantrming the determination prayer:
THE JOURNAL that Chrysler is viable, the report states God of our fathers and our God, give on page 13 that:
us strength to fu1SH our high remng to Mr. PROXhfIRE. Mr. President, first.
The judgment la now a much closer and serve Thee in the present age. May we I ask imanimous consent that the Jour-more marginal ene.
cherish all that is holiest in heritage nal of proceedings be approved to date.
ar.d welcome all that is bealthiest in The ACTING PRESIDENT pro tem.
It goes on to note that,,
Ma o en e $r guaran innovaticn. Help us to treasure the wis. pore. Without objection. It is so ordered.
sj dom of the past but also be ready for idanuand have materiansed, addiucna.1 raka Der revelations of Thy will for the fu- [.
have been idenuaed. and projected earnings ture. Keep us so close to Thee that we SECOND CHRYSLER LOAN OUARAN-and ananciai reserves have decreased.
may ever be alert to the promptings of -
TEE IS HIGELY MARGINAI)
Thy spirit and never be surprised or Mr. PROIhCRE. Mr. President, on guarantee was painfully marginal, this is s
trapped by evil powers. Olve 'D:7 July 15. the Chrysler Corporation Ioan not heartening. Nor am I reassured by servants in this body the resources suf* Quarantee Board approved a commit-the statement on page 24 tha>
ficient for their tasks. Grant them the ment to provide up to $300 minion in Although chrysler's altusuon has wors.
individuality which is creative, the dis
- additional guarantees to the Chrysler ened since May to.'tbere la a rauonal basta cipline which sustains, the diversity Corp. At the same time, the Board sent on which the soard may conclude that the which enriches. and the unity of purpose to the Committee on Ban 1 ring, Housing, company stut has a reasonable proepeet of which r.ccomplishes Thy wC1 for this Na-and Urban Afairs, which I have the continuing as a, going concern in the auto-tien and the world.
honor to chair, and the other appropri. mobile business.
We pray in the name of Hhn who came ate committees of the Congress a report Let me repeat the key wortis:
to be the servant of al!. Amen.
of the determinations it is required to A rational basis on which the Board tr.ay make pursuant to the Chrysler Ioan ' conclude that there stut is a reasonadie Guarantee Act.
prospect of viability.
APPom PRESI-
@nder the provisions of the act, Con-Afr. President, that is hardly a m gress has 15 days to consider this ceport sounding vote of conSdence. Indeed, a The PRESIDING OITICER. The clerk before any guarantees can be issued The careful reading of. the Boa'rd's report will please read a commur1 cation to the 15-day period lapses today, and Iin der
- shows strtmg evidence for renrhing the Benate from the President pro tempore, stand that the Loan Guarantee Ioard opposite cenclus:on. There is a very ra-(Mr. MAcNUsoN).
has scheduled a meeting for tomorrow, tional basis for deciding that Ch: Taler is The legislative c!rrk read the fonow. Thursday, July 31, to formany issne the not likely to make it and thus should not O,
Ang letter:
guarantees.
Set more guarantees from the Federal U.S. amarr' It win come as no surprise to scy col-Government. Consider the fonoring DS.$lkisto.
leagues that the Board is giving these points, taken directly frozn the July 15 was o
additional guarantees. After an, the Ped-report:
y, gu gner,,,
3 Under the provisions of rule I, sectica 3, eral Government already has $500 mi1*
Chrysler's own estimate of its 1980 of the Standing Rules of the Senate. I here. lion'tled upin Chrysler-the firstinstau loss has risen to $1.039 billion, and its by appoint the Honorable Qtrwrrw N. Bt'a-ment of guarantees issued just a month eres, a Senator from the State of North Da-ago, on June 24. With so much Govern-proSt projections for 1981-83 have kota, to perform the duties cf tbe Chair, ment money already at risk, it is inevi. also been reduced. Both the Board SDd W^ma m a Macw w w, table that the Board will turn somer. Chrysler's own consultants. Boot A!!en heht Pro tempore.
aults and go through contortions to & Hamilton, have estimated stin high-Mr. BURDICK thereupon assumed the pump in enough money to keep the com. er 1980 losses--over $1.2 bullon-which chair as Acting President pro tempore. pany afloat.
is even more than the disaster year of e This " bullet" symbol identi5es statements or insertions which are not spoken by the Member on the Aoor.
810231 b
_... hi S 10238
'. {
CONfyIONAI. RICORD --SENATE
~ f July 30,1980.
y'
- because in 1979 prices were already 'ond Anarterprofits.1980 versus 1979fand There being' no' objection, the t' ables.. - '
starting to soom.,as we well know So then also compare 1980 vezzus 1978,1re were ordered to be printed in the Rao- ~
' 1 when we Idok at the comparisons of sec- ! sally setaneyeful.
oan,as fonows:
'u 1
s(LECTIS oil CottPAmt Ntonh1D QUART 12) n-
\\
IDeser saments in mininest
. h;, l 6
7 1975 e=or itse over 1980' er im e er
- 19e0 ever " 19e0 e.w
I 1675 1s79 -
1574 Es7s 1879 1878 8
Company.
If78 1379 Garcean 1980 Oescaso (percaan t-pay
.1378 1s79 hercano 1M0 bercean Qwcean k
9 tason 3000 323L 8 2tLS $LC3L6 2Al 48.3 standard (ohlet 11 8 201. 4 la e 451. 3
- f. l Stoneart (indioaa).
234 350.2 3LS est. 2 38,0 66,e 3=
t01 166.8 57.9 242.e ' - 224,0 232.5 Me6d............
293 ett.e.
34.0 Est, e 54.6
' 1 34.8 N-=
M4 tit t 40.e fet.6 1% 7 62.1
- ~-I 44.1 146 luaan 157 337. 5 137.e 6c2.e an.e, ets.)
T-118 15.t e al.o take 22.o N s2.4 i
cwt.
17s 2s1.1 ste 370. e.
46.s.
Izi.4 west 2, e91 a,5n.2 40.6 s,ess,s 443 -. tots
- 1 27.1 110.3 w
t?s 2n.e sLe - 407. e Afte 211 ' 36a 4 tt 9 434. #
67.e tu.3
- gg 9.WRIZERJ WL CoMPMY F90RT3s
. ? * *-
~0 A' N
. g..g..
c 10 amer seneets la eduions, try gaarter of year) e Pertem chsene in prere 1979 1371 1S79 78 1300-79 lat 2d ad em 1st 2d 3d 4th 1980,1st 1st 28 3d om 1:1 f usa........._ - -
test 5960
$521
$450 3955 ss30 $L 145
$1,365
$1,925
, if 20 118 61 102 Matt 241 213 258 315 449 a04
, 595
$14
- 1. 381 41 3e 131 72 tot Tuaco..... - -
370 157 157 328 304 365 612 534 L CC3 81 132 221 63 230 Staaestd (CaWorma)....
743 256 274 316 343 -
412 576 524 627 43 61 110 66 83 Gutt....
155 176 til 237 249 291 416 364 389 El 65
$7 54 56 Standard (1seana) 274 294 292 217 350 401 4 34 369 576 23 36 49 70 65 Atlantic Rechtseld....
150 til 221 223 242 260 320 343 426 61 24 45 54 76 5heH......
173 179 249 112 224 177 293 331 373 16 55 18 72 67 Centmental _
17 154 106 ISS 162 216 247 191 329 343 40 133 23 103 T ennece.....
13 0 114 103 131 123 154 132 164 178 14 31 Za 25 45 S uo.....
64 101 109 los 128 159 174 223 251 43 57 64 107 96 Ptw&ps..
1 71 149 119 230 127 113 193 306 339 4
44
$2 le 91 ocraoental........
32 (68) 19 23 81 113 186 187 278 174 464 7Q2 236 Useon....... -
79 87 53 124 114 124 106 152 153 44 47 14 23 34 A.stdand.....
16 44 62 51 27 395
$3 76 47 75 798 (15) 49 74 Ameraca%ss.
32 35 31 38 130 11 5 119 119 199 258 2 34 190 213 53 Crnes iervica - -
55 40 53 30 79 77 86 106 170 42 93 62 253 117 Maratnan...
50 51 50 14 104 85 to 54 139 41 67 60 (27) 33 Standare (Obsei 42 Its 126 165 168 201 366 451 451 333 70 190 173 169 Getty..
~
75 34 96
,102 108 140 174 183 225 42 150 81 30 109 8 n:t income figirres for the year may be 6erived by adding the totals for the 4 ousrters tosether.
e The putent chense f.sures compare guartetty not sacaseis the lat yr lastad asanast iamme for Figures are presteed by the enmannees and metDe elegntly revised from earteur estamstas to re-the aarne guarter as prevueus year.
esca me mat recent sats avams.
Mr. EAOLE" ION. 'Mr. President. I Olympic athletes on the steps of the Cap. the text of the Dominion Post article be ylild back the remaintier of my time. itol. I rise to enmmend to my colleagues printed in the EscotD.
an article f2cm the July 24 editions of There being no objection, the sJticle the Morgantown. W. Va Dominion Post was ordered to be printed in the Reconn.
NUCLEAR WASTE POLICY AC*r newspaper conceming both those ath-as foucas!
The PRESIDING OFFICER Under letes and one of the most distinguished Ra.wpot.ru's Rrsma3. Is "Rzc3rr Ort" the previous order, the Senate wDI now gentlemen to ever grace this Chamber.
Three cheers for sen. Jennings Randolph.
resume consideration of S. 2189 which the Senator from West Virginia (Mr.
The veteran tamnaler 2 rom west Virginia the clerk will state by title.
RANDo:.rnh denounced Ireland's wd Kulanin in a spach The assistant legislative clerk read as As 2nany of my colleagues may recall, on 2* E*n't* Soor 1*** W' nan'dolph obn.
r someone should have, and f; nows'*
the president of the International Olym-A bul (s. 21s9) to establish a program pic Committee. Lord P'Nnti has made oualy had the desire--and courage-to do so.
(Pouuca wasn't a motive, either. Ee4 not on for Pederal storage of spent fuel from civil. some most ill-advised derogatory re* the banot this par.)
lan auclear powerplanta, to set forth a Ped. marks with regard to the boycott of the Kulanta, retiring as president of the Inter.
eral poney and initiate a program for the Moscow Olympic games by America and nauonal olymple cammittee, had taken a disposal d nuclear waste trom c Muan other freedom-loving nations through. verbal blast at President carter and the acurities, and for other purposes.
s out the world.
Unswi staten isst Prtday in 3acecow.
The Senate resurced consideration of In his customary, eloquent fashion, o[y T* [*g*jNg,",'g*jdj
' *h" h
pg, the bill (S. 2189).
Senator RA3rnet.1'n last week responded baseball had been included in the olympic to Lord Wlan+n in a speech on this Soor. ommes. He said carter and his aides have Unfortunately, while the temstks of virtually no knowledge et any sports except ROUTINE MORNING BUSINESS Senator RANDo7.ru resected a far greater these two.
Mr. ROBERT C. BYRD. Mr. Presi. understanding of the reauties of inter.
Randolph. in responding. said Kinanin's dent. I tak
""an%=
consent that national relations on all levels than meemly remaries abow a basic misundu.
a there be a brief pe.rtod for the transac. those of Lotti " *"in_ the Senator's
- 1" 8 # "' ***"*** P I8"#'I P'*****'
tion if routine morning business, not to statement was not as widely dissem!*
- Ep and b t and d u
extend beyond 30 minutes and Senators nated.
on the boycott. he declared. congma act.
Inay speak therein.
Dorninion Post colu2nnist Whey Pur-ing as representatives or the American people.
The PRESIDING OFFICER. Without fari, however, has taken appropriate joined in this decision-making process objection, it is so ordered.
note of them and has, hi*wif. under. through formal resoluuons approved by both SCCred the wisdom of Sena. tor RAN. the Senate and the House of Representatives."
Randolph also rapped Kulanin's failure to tion of to the d
gp his t
the bo as it is, f.nd not as the Soviet Union "Itja well to talk about sporr=ma nahlp and Mr. BAKER. Mr. President, on this, would teH us it is.
fair play in the contert of the games." Ran.
the very day our Nation honors its Thus. I ask unnntmous consent ths.t dolph said. "but apparently Lord Kuhntn
L July 30,1985 CONGRESSIOhAL RECORD-SENATE S 10239 feels that soviet annered attacks on helpless a CONCLUSION OF MORNING in our eErst to' work out a sound public Afgha41stan vaisses have no r""""p.
EUSINESS poucy for this Nauen whom nuclear
'[ympte-
'Ito PRESIDING OFFICER. Is there wasteisconce ned.
l Unfortunately, the senator's amarks further morning bu=Maaa? If not, morn-The Energy Committee acted on this weren't stven nearly the prominence Killan-ing business is closed.
lasue sogne Inonths ago. It has been eager in's blast received in the media. perhaps that to go forward with its proposal. The shouldn't have been eurpristas. though.some country does need a solution. On the nanonal nporters seem interested only in.
NUCLEAR WASTE POLICY ACT other hand, our committee has certain the senasuoman." regariness or merit.
The Senate continued with the con responsibilities where the regulation of o,
Iord Emania's statement about footban and basebau was smy. of course. Absence of sideration of the blu (8.2189).
nuclear poww h We county is e cerned. Ove 2 those sports from the program aten't keep the Mr. ROBERT C. BYRD. Mr. President, from Zeuisiana a coueagues han UA from paruciposans in any of the provnous as the Senate resumes consideration of been Olympio Games. Why would it nowt the nuclear waste hill, I suggest the ab.
ing of our intemst in ce of a quorum par c!Da ng in this discussion and of-The olympte sommstsee president also sen.y.he PRESMG' OF.FICER On dose ering our prmsts alongside those of O
showed his blas, ignorance and irrespenst.
l, butty by tantag to manuon the Attwma the Energy Committee. This bas,I think, g,,9 ' ROBERT C. BYRD. Mr. Priesident, requtred a great deal of undentanding
,"oYc Mr.
It his native Ireland rather than Afghani. I ask tmanimous consent that the t1Inti M of the Senate leadenhip ud on on e part of 2e repneentatives of the stan had been the viettm or such soviet eg.
be equaDy charged to all sides.
gr=== w would Iord Enlanin how reacted The PRESIDING OFFICER. Without nergy Comtuntee. On behalf of our to a boroots of m Moscow Ommes the same objection,it is so ordered.
C mmittee. we appreciate their forbear-ance and understanding and their wart The clerk C1 can the rou w"""F"a to cooperate with us in de.
That's a question some writer or broad.
The bH1 clerk proceeded to call the rou* Teloping the best policy for our country.
caster oevenng the olympics should have Mr. ROBERT C. BYRD. Mr. President
- asked him. It anyone did, though, the an*
Mr. President. I would Eke to swer apparentir never reached the U.S.
ask un us consent th t e order to the Senator from Louisiana tha The PRESIDING OFFICER. Without w i ur amendments explaining and THE EXTENSION OF ERISA objection, it is so ordered.
discussing each as they are ofered, and LEGISLATION then, if it is agreeable to him and the minority floor leader, ofer these four Mr. BAKER. Mr. President. I would ORDER FOR RECESS FOR 1 HOUR TO amendments to the Senate en bloc at the like to ta4e this opportunity to commend HONOR THE U.S. OLYMPIC TEAM close of the discussion of au four. I won.
and express my appreciation to my good der if the Senator from Lontaiana would friends, the distinguished Senator from Mr. ROBERT C. BYRD. Mr. President, agree to est.
New York (Mr. Jarrrs), and the distin. today, beginning at 12 noon, there will be Mr. JOHNSTON.Mr. President that is guished Senator from New Jersey (Mr. a ceremony on the west front of the perfectly acceptable to me, p ovided we WU.I.IAMS) for their untiring lab 0rs for Capitol honoring the U.S. athletes who haVe the amendment which begins at the the last 3 years in behalf of the Ameri. did not go to the Olympics in Moscow. end of title IIL I think the staf has sub.
can worker-labors which culminated That ceremony willlast roughly an hout.
last evening in the passage of the Multi. I suppose, and Senators may wish to go. stitute language on that, that they have worked out that language, employer Pension Plan Amendments Act. There will be a section set aside for Mem*
The PRESIDING OFFICER. Does the By the passage of that legislation, we.bers of the House a.nd Senate.
Senator ask unanimous consent that h have clarified. extended, and strength.
I, therefore, ask unnetmous consent time start rtmntng on the amendment?
ened the Employee Retirement In*come that at 11:45 a.m. today the Chair recess Security Act of 1974. of which Senator until 12:45 p.m., thus constituting I hour 4 p,,
7,,
JAYrrs and Senator WrL1,IAMS were the of recess, with the understanding that original sponsors.
the Senator holding the floor at the time More importantly, Mr. President, by of the recess win be entitled to regain the Mr. HART. Mr. President, I wiU oEer 1r.st night's overwhelming vote the Sen, floor upon the Senate's reconvening at the first amendment to get the clock ste has restated its firm resolve to make 12:45 p.m.
running on that amend:nent. if I mar. I certain that each of the m1Hions of Amer.
The PRESIDING OmCER. Without ask ior its immediate consideration.
ican working men and women who par. objection. It is so ordered.
The PRESIDING OmCER. The ticipate and rely upon private pension amendment wiu be stated.
plans can do so with the assurance that NUCLEAR WASTE POLICY ACT fol they win indeed ultimately receive those The Senator from colorado (Mr. mar), for benents to which they are er. titled.
The Senate centinued with the consid-I know I speak fer au my coueagues eration of the bin (S.2189).
hima*M. W. Smom W. Raxoom, m.
on both sides of the aisle in saying that Mr. ROBERT C. BYRD. Mr. Presi-fNQnNut b P[dI N '# ""'
P this Senate and every working American dent,I suggest the absence of a quorum on page 14 une 2. strike **to th's statu.
owes a great debt to Senator JAvrrs in under the same aforementioned condi-tort!y-approved alte selecuon or".
this regard. Not only has he worked dill-tions.
gently in behalf of ERISA and the con.
The PRESIDING OmCER.The clerk Mr. HART. Mr. President. the Senator cept upon which it is founded, but he will can the roll, from Louisiana is correct. There is an ef-has spent his entire public career in pur-The assistant legislative clerk pro- ! ort underway to resolve a fairly minor suit of a better life, a more secure and ceeded to can the rou.
diference on one of the amendments.
tranquillife. for each and every Ameri-Mr. HART. Mr. President I ask unan-but I think we can go forward with this
- can, imous content that the order for the one. I can brieSy outline what it involves.
At no time has his dedication and de-quorum call be rescinded.
Mr. President. I ask unanimous con-votion to that cause been more evident The PRESIDING OMCER. Without sent that the amendment be proposed by or more efective than during the ted! objection.itissoordered.
myseH and me Senator frmn Wymning ON*
cus, complex process that resulted in the Mr. HART. Mr. President, first of an, ERISA legislation 6 years ago and the let me, on behalf of the Environment The PRESIDING OMCER. Without amendments to that legislation last and Public Works Committee. express objection. It is so ordered,
- evening, our appreciation to the distinguished Mr. HART. Mr. President this amend.
As I have done on so very many oe-floor manager of the pending legislation, ment eliminates the restrictions in S.
casions before. Mr. President, and as I the Senator from Iouisiana, his col-2189 upon NRC's authority to a.nalyze al-am certain I will do countless times league, the Senator from Idaho, and the ternative sites in its licensing review of again. I thank the Senator from New Energy Committee for a number of any proposal for a long term retrievable York. in behalf of every American.
counts of forbearance and understanding storage facihty.
-s
- q
~, ; *> amQ..y.
L.7 *,. r ---- -- --,
m,,
1.
u. ~E!-
CONGRESSIONAT. RECORDLSENATE July 30,'I580]
S 10240 -
It l's our t few that alternative analysis bysars ; and-ecasequently delay the BDsPS;W) is on his way to the soor and ~
is one of the inndamantal precepts of operation.
asay want to make a aa== ant or two
. i NRC's licensing authority and is con-. Am I correct that in the consideration on each of these amandmenta If agree-sistent with the policy of the National of alternat;te sites you would not have to able. I should like to set the amandmant Environmental Policy Act.
prove the geologic integrity for 10.000 or aside and not yield back all my time in It is our cosiviction that nothing more years, provided you proved its prac-case the Senator from Wyoming'wants should imptage upon NBC's authority ticality as a monitored retrievable stor-to comment, and.anove to the second, to fully protect public banlth and safety. age sitet amendment.
in its licensing review-9articularly with Mr. BART. I believe the Senator from Mr. JOHN 8' ION.That is Sne with me, respect to a faculty with profound ecase-Imislana has accurately stated the in Mr. President, sadIaskimanimous con-quences for public health and safety. I tent of -this amomiment, but I want to sent that I may retract my time.
tarse adoption of this amandmant to re-make clear en behalf of the proponents The PRESIDING OFFICER. Without store the normal authority of the Nuclear of this proposal and those with a some-objection.it is so ordered.
Regulatory Commission, what d!Eemnt vantage point on this is.
Mr. BART. Mr. President I ask unan-I hope my coHesgues from Inutslans sue that the contrary.is also true from imous consent that the pending amend-cad Idaho will saves that by making this the Seantor's point of view, namely that ment be set aside.
change in the propaeal we have in fact, long-term retrievable storage technology The PRESIDING OITICER. Without permitted the NRC to esercise its legiti-of whatever type would not be ecotem-objection.it is so ordered.
taste authority for cec.sidering and ans-plated in this p.
- 4va and amandment we massusasswr wo. uit lyzing sites for R.ns-term retrievabla as a substitute for pe manent geologic.
Mr. HART. Mr. Praaidant I send an storage.
storage. 'Itat is to say on the part of the amendment to the desk and ask unani-Mr.JOHNSTON.Mr. President.we are Senator from Ionisiana he is concerned mous consent for its immediate consid-happy to Jc'c in accepting thir amend-that this not give theNuclear Regulatory eration.
ment.I want to make clear wht it means Camminaian the authority to demand the The PRESIDING. OFFICER. The and why we had the b!H or!ginauy drawn same degree of permanence of the re-amendment wiu be stated.
as w2 did.
trievable technology as permanent geo-The assistant legislative clerk read as Our original intent was not to squelch logic anine disposal would have.
fonows:
a consideration of other. sites for treat-But on the part of the Senator from
- be senator rma coloredo (Mr. saar) (for ment and storagt, but, first of an. to avoid Colorado it is my concern that the in-himself. Mr..louson. Mr. assos.rm, Mr.
th) consideretion of alternate technolo-tant of Congress be clearly stated not to ararrons and Mr. cm. van) proposes an us..
gfes, such as shooting the waste into replace permanent geologic disposal with printed amendment numbered 1471.
s spics, deep ocean, deep drin holes, nu-long-term retrievable technology.
At the end er Title Itt, add the rouowing clacr transporta';1on, and so forth. We Mr. JOHN 8' ION. Mr. President. 1 ].i**"L**,nad r 'b wry Re.
r g
wanted to :? aid consideration of those think the Senator is correct in thr'.
- ou Iisation Act or 1974 is amended to read:
other technologies. Hesc. the wording not only do not prohibit permanet.
- L -
'(s) Facuiues used prunaruy for.he re-sf thi bin we originauy hr.d.
logic storage, we provide and
-pt and storage of hash levet radioactive This amendment win not change that, provide further. in amendmen*.A to wastes or spent ruel naulung from acuri.
I win ask the Senator if I am correct.
be ofered by the. Senator and ac-ties 11eensed under such Act or spent fuel Mr. HART. The senator is correct.The cepted by us, Ier further accelerated from foreign nactors transferred under a amendment is directly related to site al-study on permanent geckgric storage. So 8 uent arrangsment sumorised under Congress does not make that jdd:mnt..,"acc.,. Notwithstanding ternatives, not technology alternatives.
What we want to accomplish here is to
- f the purpose of the amendment with I appreciate the Cenator's explanation permit the NRC to have the authority, o stou cf this or acy other Act, the commis.
cud to exercise the authority it presently respect to the geologic characteristics $ tory tho$y"p tYc rsN has, to consider alternative sites given a and the consideration of alternative specif ed technology, but not to open up a, sites. With that assurance, Mr. Presi-
- 8. and 14 or the Atoanic Eusr y Act of 1954' as amended, for the.ransportation er spent whole range of potential technologies.in-dent, on behalf of the majority,I acctpt fuel under section so3(a) sbail be subject te cluding those that the Senator from I4u-the amendment.
11eensing and regulation by the cammi== ton islans has stated.
Mr. McCLURE. Win the Senator yield? as proviaed for transoortauon of commercial Mr. JOHNSTON. I thank the Senator.
Mr. JOHNSTON. Yes, I yield.
spent fuel under existing law.
The second question relates to the sites.
Mr. McCLURE. Mr. President I tmmk Mr. HART.Mr. President.I should uke We drew our original blu on this ques-the Senator for yielding. I understand first of an. to explain the amendmer3 tion as we did also because we wanted to the thrust and the care with which both
- r. void that catch 22 of trying to prove the speders have just addressed this and see if the language as read by the th3 geologic characteristics of the par-question, because I think it is essential clerk tracks with the understanding of the Senator from Louisiana.
ticular salt dome or salt flat or whatever that we understand what we are doing Mr. JOHNSTON. Mr. President, I am the geologic area was-we wanted to in correctly stating the congressionalin-advised that it is almost right, but staff acid having to prove those characteris-tent. It is not the intent of the minority advises me that the phrase *notwith-ties for the next 10,000 or 100.000 years or, certainly, the Senator from Idaho. standing any other provision of law'"
which, by definition, is nonprovable. At to indicate that we are not interested in could be mischievous here and that the least, it is nonprovable in the sense that *ieveloping permanent geologic repos!- second part of the amendment should geologists will not an agree on that. That tories. I am. We are. While we are do-read as foHows:
perhnps is the reason why the flow chart ing that, we need to have secure, safe.
of the Department of Energy shows that interim, and long-term storage. That is Transportation or spent ruel under sec.
uan sosta) shan be subject to neensing and you do not put your first waste away in what we are doing and I think the regu:stion by the cornmwon as provided geologic disposals until the year 2020.
amendment does not really detract from ter transportation or commercial spent ruel C
So we keep the language in the bin that. I understand it in that context, under esisting law.
that we do not consider alterna-that we are going forward with both and Mr. HART. That is the language that tives to the design criteria, the design that the amendment does not detract the clerk stated.
criteria here are monitored retrievable from that. Therefore,I am wiHing to ac-storage, and it is implicit in monitored cept the amendment.
. JOHNSTON. Thert is stiH some retritvable storage that the container of Mr. JOHNSTON. Mr. President,I yield language in there that is not the saroe.
the waste is the primary containment back the remainder of my time.
Mr. HART. Mr. President. I suggest vessel and you need not rely upon the Mr. HART. Mr. President, on the the absence of a quorum, geologic characteristics for infinity, grounds that we may be moving toward The PRESIDING OFFICER.The clerk
. What I am trying to get at is that we are acceptance of these amendments en WIH can the rou, seeking to avoid having to show that the bloc. I should like to retain my time and The assistant legislative clerk pro-salt dome is going to be there. or that the move to the next. amendment, on the ceeded to can the rou.
basalt flat is going to be there, for 100,000 grounds that my minority colleague (Mr.
Mr. HART. Mr. President. I ask unan!-
4 mm
July.30,'1980 CONGRESSIONAL RECORD-SENATE S 10241 mous consent that thS order for the transportation of shent fuel if, as re-This amendment would sid2 ply ' resolve quorum can be' rescinded.
quired by C. 2189, th? Federal Govern-any existing smeirtainties ressiding th2 The PRESIDING OFFICER. Without ment takes title to the spent fuel at the Commission's licensing autWrity.-
objection. itis so ordered.
powerplant site and assumes responsi-Mr. President, tmder existing law, wacanuswr yo sets tas woorrrans bility for its shipment to an away-from-shipments of spent fuel by private ship--
Mr. HART. Mr. President. I send to reactor storage faciuty.
pns must be subject to NRC's applicable the desk a modiacation of the pending Spent fuel poses similar hazards to regulatory authority. I believe there are amendment and ask that it be stated.
the public health and safety whether a a number of real benents to having NRC The PRESIDING OFFICER (Mr. commercial Arm transports it or the Fed. regulation of these shipments.First,NRC eral Government transports it. Thus, regulation assures that the shippers wiu D-Cunzs). T.he clerk will state the modi-both types of shipments should fall meet applicable packaging, transporta-Scation.
The assistant legislative clerk read as within the jurisdiction of the NRC, and tion. and safeguards requirements. In foHows.
the Department of Transportation, as addition, there are some valuable notin-existing law provides, cation requirernents that attach with 3
At the end of title III. add the tonowing new sections to read as renown:
This amendment would Jnake that NRC regulation. Under the NRC Author-sse.. Section 202(3) of the Energy Re.
clear.
12ation Act for f! scal year 1980, Public organisation Act of 1974 is amended to read:
It is estimated that the transportation IAw 96-295, notiacation is provided to
-(3) Faciuties used primaruy for the re-of 1-year's discharge of spent fuel from each Governor of spent fuel shipments ceipt and storage of hirb-leval r=Aiaartsve a I.000 megawatt nuclear powerplant-through his or her State. In addition, wastes or spent fuel resulting from activtt es would require 40 to 60 shipments by information is made available to the pub-
'l eUgn reactors er s sub truck or 10 to 15 shipments by railroad lie on general routes and quantities of t
er d quent arrangement authorized under such to an away-from-reactor facility. In such shipments. Together, I believe these Act.".
Many Cases these shipments would go requirements provide a signiScant bene-src.. Transportation of spent fuel un. several thousand miles through many fit, both in terms of assuring that the der section So3(a) shan be subject to 11cens-States. The opening of an AFR faculty public health and safety is protected and ing and regulation br the Commission as would increase manyfold the number of in. terms of assuring public conadence provided for transportation of commercial shipments of spent fuel as compared to and understanding in this highly emo-rpent fuel under existing law, the relatively few shipments between tional arena.
Mr. H1RT.Mr. President, this amend. nuclear powerplants that occur today.
- S. 2189 would make a fundamental ment is being oSered on behalf of my. Surely, the American people deserve the change in this system while at the same self and the Senator from Wyoming (Mr. health and safety protection of the NRC time putting in place a Federal program Sansow).
from the hazards posed by this dramatic for the interim storage of spent fuel that There are two parts. I wiu brieSy de. increase in shipments of spent fuel. I will vastly incresse, over the next several scribe each and then yield to my col. urge the adoption of this amendment.
years, the number of shipments of spent league from Wyoming, Mr. President, I yield to my colleague fuel and the quantitles of spent fuel shipped throughout the country. By giv-wac uerwszwo or errwr rtna. sun wzwvs Awo from Wyoming.
ara sronmz Mr. SIMPSON. Mr. President. I e.m ing the Department of Energy the re-pleased to join in the sponsorship of this sponsibility to take custody of the spent The Srst part cf this amendment clar!"
amendment I want to commend the fuel at the reactor site and to handle its fles an ambiguity in existing law by ex-managers of the bill for their eScrts in shipping to a Federal away-frorn-reactor pressly granting the Nuclear Regulatory these intervening hours. I am apprecia-storage facility, the bill automaticany
, Commission the authority to license the tive of the accommodation they have excludes these shipments frorn NRC's storage of commercial spent fuel.
rendered Senator HARr and myself as we reLulatory authority Yet. the bill speCl-The NRC interprets existing statutory serve as chairman and ranking mtnerity Ses that DOE must utilize by contract language that grants licensing authority member of the Subcommittee on Nuclear private industry for these shipments to over storage of commercial high level Regulation of the Environment and Pub. the fullest extent possible. Thus, while.
wastes as also giving it authority to 11-lic Works Committee.
the same private Srms that now handle cense the storage of commercial spent The amendment would make two addi, spent fuel shipments would be respon.
fuel. There is some debate, however, over tions to title 'III of S. 2129 dealing with sible for this transportation under S.
whether spent fuel should be considered this question of away from-reactor stor. 2189, suddenly they would be exe:npt, as high-level waste.
age of spent fuel' contracto.s of the Department of Energy, y
DOE acceots the NRC's construction from NRC regulation.
of existing law and assumes that any I will just brieSy comment that the Mr. President, this amendment would Federal away-from-reactor storage fa-amendment would. of course, amend sec.
cility will be subject to a licensing re-tion 202 of the Energy Reorganization resolve any uncertainty created by this view by the NRC. This r.mendment sim. Act to make it clear that NRC has licens-situation by requiring that any spent fuel tran!portation under this act would ply removes any uncertainty over statu-ing authority for any Federal away-be subject to NRC regulation. I believe tory interpretation and cenSrms the ex-from-reactor spent fuel storage facility. this is a useful requirement given the pectations of both the NRC and DOE. Second, the amendment would require beneSts 6f NRC regulation of these ship.
The second part of this amendment NRC regulation of spent fuel shiprnents ments and the sensitivity of the States would provide the Nuclear Regulatory under this act.
and the public to the transportation of Co-miden with the authority to license Mr. President, S. 2189 already provides nuclear wastes, 6
any ship =ent of spent fuel to a Federal that an AFR authorized under this bill I am pleased to join as a cosponsor away-from-reactor storage facility or shall be subject to a license under the of the amendment, and I urge its adop-any other type of Federal nuclear waste provisions of section 202 of the Energy tion.
facihty in the same manner that such Reorganization Act. However, our hear-Mr. JOHNSTON, Mr. President, we transportation is presently licensed. That ings disclose there is some uncertainty have always regarded the licensing of
- is to say, with regulations promulgated regarding whether NRC now has licens-away-from-reactor storage as being re.
by the Department of Transportation ing authority for an AFR under that sec-quired by the lawi and if not required, and reviewed and approved by the Nu-tien. NRC has testiSed that they believe to the extent it is ambiguous, inappro-clear Regulatory Commfulon.
they have the necessary authority, but priatei so the Srst part of this amend-The Commission currently has the au-that they would welcome speciSc con-ment certainly is appropriate.
thority to implement those regulations Srming language. The Department of The second part carries forward er promulgated by the Departrnent of Energy has testined that there is some clari$es the regulation of the shipment Transportation for private as well as uncertainty regarding whether NRC now from the plantsite to the AFR under i
I spent fuel from one commercial nuclear has this authority, and they would wel-existing law, and that is suitable to us.
powerplant to another. This amendment come it. Both agencies believe the Corn-So, for the majority, I accept the simply insures that the Commission mission should have clear licensing su-amendment.
would have similar authority to license thority for these facilities, and I know Mr. McCLURE. Mr. President, will the or implement regulations for licensing of no one who has suggested otherwise. Senator yield?
%a
p N
r S 10242. ', -
CONGRESSIONAL REcold)---SENATE' q.
~;
(July ^ 30,1980,
{
Mr.JOENSTON.Irleld. '
. cost of disposal. ho must reknburse the Mr. McQIERE.*Mr. President. on be- - utuitles for that d!Serence, that are being charged here - wouM amount to about a bWion dollars in half of the minority.I state that I agree I think this is a reasonable approach scope. I am sure we can find engineers with the Senator from IAniminna.
to insure that the taxpayers do not get who can design these faciuties for less As I, read the second part of the stuck with the bul.for unanticipated amendment, it simply says that no mat-costs of nuclear waste disposal, and, than a binion dollars.But if they cannot ter who owns the material, no matter likewise, that the utiuttee are not over-we can come in and set the difereno wh3 transports the mater.'al, it will be charged.
from the utilities, where it belongs. or subject to the same kind of licensing I urge my. couangues to adopt thie. the utihties would be glad to get a divi-and regulatory regime under existing amand=""*
dend for any over-paymenta. if there is law. I certainly concur in that and agree I yield to the Senator from Wyoming.. ont 4
Mr. SIMPSON. Mr. President Mr. President. we are glad to accept with the Senator from Loniainna. We are prepared to accept the amendment. pleased to join as a cospensor. I am the amendment.
of this The PRESIDING OFFICER. Is all time ammad'=ent.*
Mr. McCLURE Mr. President. wm the Senator yield?
- yielded back? All time is yielded back.
Section 304 of the bal requires this Mr. JOHNSTON. I yield.
- r Mr. HART. Mr. President. I ask one time fee, and also a required read.
Mr. McCLURE. I tlpnk the Benster unanimous consent that the pending justment of the one-time fee for spent for yielding.
amanilment be set aside.
fuel stormse and disposal as part of the Mr. President. I have ustened to the
.The PRESIIXNG OFFICER. The. contract between the Federal Govern-Senator from Colorado asks.manimous ment and the utilities. This issue did explanation of the amendment. I have the text of the amendment before me.
c nsent that the pending amendment cause me a great deal of concern. as to I have no objection to the amendment.
be set aside. Is there obPction? The how you could arrive at a one-time fee Chair hears none, and it is o ordered. at this time. within 1 year of the egective However,I want to add this much to w auswomanrr wo. sets '
date of this legislation, which will be ef* the discussion--to point out that the Mr. HART. Mr. President. I send to factive at the time the repository is ready mmendment adds 's new section (e) to -
the desk an amendment and ask for its to accept the nuclear waste. I bene'" section 3041 and it should be read in con-4 im. mediate consideration.
som Neral Government or junction with the other provisions of Its PRESIDING OFFICER. The the utility-would lose in that process section 304, so that we do not take this i
cmendment win be stated.
of negotistion.
and read it separately as being, because The legislative clerk read as follows:
Of course. the blu provides that the of its addition at this time, somehow un-The senator from colorado (Mr naar) for Peders! Owernment win enter into those related to the other provisions. I believe himself. Mr. asureow Mr. Rawoown, Mr.
contracts with the utuities in return for that, by the construction of the statute '
starromo. and Mr. cnvas. proposes an un.
that one-time fee paid at the time of it is very clearly a portion of it and is printed amendment numbered 1472:
shipping.from the reactor site. This read with subsections (a), (b). (c), and (d) ecuaHy.
on page s arter une 19,1nsert the rouowing amendment, as ably drafted by Senator new subsection:
HAar. simply adds as a requirement for And I think that is the intention of the
-(s) for adjustment and recalculation of these contracts that any d!Eerence be-Senator from Wyoming. I see him nod.
ding his head.
the ene time perment eetsbushed under sub-tween the estimated charge for storage and disposal made at the time the fuel is With that understanding we are pre-section (n) of stas section: and meneesment ft t$
1$r
- shippee--which may be in the near pared to accept the amendrnent such p ti m acu.
future under some estimateund the Mr. SIMPSON, Mr. Prosjdent. I will duposal.n waste a placed in long-term actual costs of disposal would be paid at now even quanty the nod of the head Mr. HART. Mr. President, I ofer this the time the spent fuel is placed in long-and say yes that is true to my good coueague from Idaho term disposal.
e2nendment on behalf of myself. the If the Federal Governtsent had under-The PRESIDING OFFICER. Are the estimated the cost of disposal in its Senators prepared to yield back their Senator from Wyoming (Mr. SIursow).
time?
ths distinguished chairman of the En-earlier estimates. It would be able to re-vironment and Public Works Committee Mr. HART. Mr. President, I yield back tMr. RoenotPs), the Senator from Ver-coup the deficiency from the utitty that the remainder of my time had suppued the spent fuel. If the Fed-mont (Mr. SrAProf.D). and the Senator eral Government overestimates the ac-The PRESIDING OFFICER.Is all time from Iowa (Mr. Crityca), as an amend-yle}ded bgegy 4.
tual cost of disposal, the utility would be reimbursed for its overpayment.
Mr. JOHNSTON. Mr. Pres! dent. I yield ment to the pending measure. S. 7109' back my time'Mr. Pres!ilent. I ask unan-This amendment would erectively im.
Mr. President. I believe this amend
- plrment the policy of full-cost recovery Mr. HART.
ment is helpful to assure that the Fed-by the Federal Government for construc.
imous consent that the pending amend-eral away-from reactor program is oper* ment be set aside.
tion and operation of an AFR storage sted on the basis of fuH cost recovery.
facility or a permanent repository. This which is one of the signiacant diferences The PRESIDING OFFICER. Without amendment permits the Secretary of between the original legislation in the objection.it is so ordered.
Energy to assess a single charge against Committee on Energy and Natural Re-
" '"'"* " "8"'
the utility at the time it ships its spent sources and the Committee on Environ.
Mr. HART. Mr. President. I send to the fuel to a Federal AFR. This charge ment and Public Works. The feeling desk on behalf of myself and the Senator could cover the costs of AFR storage and within the Environment and Public from Wyoming an unprinted amendment
=
disposal.
At the same time, however, this Works Committee has always been that and ask for its immediate consideration.
we should insure. if at all possible, that The assistant legislative clerk read as c2nendment recognizes that any charge the Federal Government recovers its full foHows:
thr.t attempts to recover the cost of ulti-cost. I beneve we must reduce Govern-The senator from colorado (Mr. mar ro-ment's role in that area of subsidization. himself, m. smesow, m. mwoous.) m.
mute disposal at this time must neces-sarily rest on imprecise estimates, since I urge the adoption of the amend. eranomo, and m. cmre proposes unprinted eD' ration of such a facinty is at least ment.
sandment numbered 1473:
20 years away and its destgn and location on pace 14. strike linu to and it. and 1
are not known. Consequently,it permits Mr. JOHNSTON. Mr. President, we insert n usu thereot "objectin or submitting I
ths Secretary of Energy to recakulate see no problem with this amendment. It to congress and the commission site char.
i the charge when the costs of disposal is consistent with our desire to charge acterisation reports for construction of at the utilities the fuD cost of carrying this lust one demonstrauen repository by Jan.
become inm clear.
waste from the plants!te to the ultimate uary 1.1985..
If it turtis out that the Secretary disposal site.
Mr. HART. Mr. President, on behalf tiauy underestimated c
posal, he must
{ es for th Frankly, the amount of the charge as of the Senator from Wyoming (Mr.
dig e nce W w n initial estimated compared with the value of electricity Batrsex). the chairman of the Environ-or:ts the same will be very minor, probably less than 1 ment and Public Works Committee (Mr.
c th try over timated the percent. Indeed.1 percent of the fees RAirootra), the distirWed ranking
.t I
July 30; 1986 ','
CONGRESSIONAL RECORD'-SENATE S 10243 4
i minority m'aber (Mr. SrArronD). the DOE,'by the Nuclear Regulatory Com-does not inhibit that progress if indeed l
Senator frosh Iows - (Mr. C m.vsa); missi n, the United Etates Geological that progress is possible, and those of us and myself,I oRer this amendment that Survey, and the Environmental Protec-who hope that and who believe that think seeks to implement part of the poucy for tion Agency.
It is possible. If the administracon ex-nuclear waste disposal that was recom-Mr. President, I just feel that there pedites the planning toward the attain.
mended by the President's Interagency are several advantages to characteris-ment of that date, I am sure that the Review Group on Nuclear Weste Man. Ins a number of sites. Pirst, this ap-report that is required by the amend-asement, and is being pursued by the proach takes the burden of of a single ment could be done before January 1.
Nuclear Regulatory Comminaion and the State that would otherwise be the focus 1985. It could be supplemented by further
)
Department of Energy, of eRorts to build a geologic repository. reports after that date. We could possi-This amendment requires the Depart-Whether that would be my State, Sena-bly have a demonstration alte ready by ment of Energy to submit to the Nuclear tor Joaorstow's State, Senator HAar's 1988 if everything went wpil. On the Regulatory Commianian by January 1, State er Senator McCt.tras's State we other hand. I have no objecuon to setting.
1985, reports of characterizing of difer-shall no6 know, whatever it may be, a Ininimmi target date for submission of ent sites. Based on these reports, at least Mr. JOHNS" ION. Mr. President, wig those reports, but. I for one will be work-cne site wiu be chosen for construction the Senator yield at that point?
ing with the seministrauon to the extent of a demonstration repository, Mr. SIMPSON. I yield.
It is possible to do ao to expedite and This amendment would be a substi-Mr. JOHNSTON. There is no inten, to advance the attainment of at least one tute for the provision in S. 2189 that by this amendment to upset any exist-demonstration site prior to the end of requires the Secretary of Energy to con-ing agreements between the States and this centuryc struct a demonstrauon facility for geo-the Department of Energy,is there?
I know the Senator from, Colorado in logic disposal of nuclear waste by Janu-Mr. SIMPSON. No, there is not.
our discussions about this matter and in try 1,1988. This amendment is more con.
As I say, the purpose of the amend-his pubbc' statements on it has men-sistent with the technologically conserv. ment is to take the burden of of a single tioned the possibility of a 1997 date, I ttive approach taken in S. 2980 to in-State that would otherwise be the focus behere.
sure that any demonstration of fuB-scale of tRorts to build this repository and it Mr. HART. Mr. Presida.nt, w!!! the repository protects public health and would would identify possible acceptable Senator yield?
safety and the environment, sites in several States to spread the re.
Mr. McCLURE. I am happy to yield.
Past mistakes by the Pederal Govern-sponsibiuty for nuclear waste manage-Mr. HART. Mr. President, the Envi-ment in its nuclear waste management ment more broadly among those 6-vers'. ronment and Public Works Committee program strongly suggest the need for States.
bill contains a provision that set a year enhanced public confidence if the. waste Second, it r. voids the other error of. 2000 deadline for the issuance of new management program is to be success-putting all the chips on one number. I operating permH4 and construcuan ped ful. Careful study by numerous Federsi think that would be a mistake. If we en-mits, agencles and outside groups makes it counter one site with certain problems, But may 1 just say in that connec-quite clear that such confidence can only as has occurred in the past, we win at tion-I wiu let the Senator conclude and result from a step-by-step technologi-least have some other options under de-then I wish to make just a few remarks, cIlly conservative approach toward de-talled review. In fact, this approach may Mr. McCLURE. Mr. President. I just velopment of a repository. To achieve well result in several fuuy acceptable say that many of us think it is not im-this result, the amendment requires the sites for geologic repositories..
possible to move forward with the plans Commission to have before it several re-Pinauy. Mr. President, I believe the that are weH underway now and have ports on the geologic suitability of severs! approach wiu, as Senator HAar says, help one in place by the and of the decade.
sites before construction on a demonstra-establish public confidence. which is so If we abandon those plans and set them tion repository may proceegi.
Vitally necessary in this national nuclear aside and start anew, then indeed some.
This approach is extremely important: waste management program.
thing by the end of the century becomes if the public believes that DOE will pro-Por those reasons, and obviously many optimum, and I do not view this amend-ceed with any type of demonstration er others, I urge the adoption of the amend-ment as saying that we must go one fun scale repository at a certain site ment.
route or the other, but it does say that without first comparing that site with Mr. JOHNSTON. Mr. President, in these reports must be in no later than t!ternative sites, then the public w!H view of the Senator's assurance that any the date specified in that and removes never believe DOE's assurances that it existing agreements already perfected the provision we had in our blu that at intends to protect health, safety, and the between the DOE and States are not to least one demonstration site be in op-environment. This amendment win pro-be disturbed by this matter,we are happy erstion by 1988.
vide an added measure of assurance to to accept the arnendment, and I think I just wish to make clear that for my-the public and avoid the appearance of a theEenator has correctly described it self I hate not abandoned that goal. I "f ast-track" approach to solving a prob-and we accept it.
it is dul possMe. It may be opd-lem with such profound consequences to I yield to my friend from Idaho.
mistic. But I do not oppose the amend-public health and safety that may con-Mr.McCLURE.I thank the Senator for ment and Mr h he I am wW to accept the amendment.
cern many citizens"urre on my own be-yielding' resident. I wish to make two or Mr. JOHNSTON. Mr. President, will Mr. President. I Mr.P half the adoption of this amendment, three points with respect to the amend-the Senator yield?
D and I yield to the Senator from Wyo= ment.
Mr. McCWE. I am happy to yield.
ming Mr. JOHNS' ION. Mr. President. I Pirst of an, in sections 401 through 405 reany do not want to get into a long-term Mr SIMPSON. Mr. President. I join of the bill we have dealt with the ques-discussion here about what we can in offering this amendment to section tion of monitored retrievable storage and achieve and what we cannot achieve on 406 of the bill that would indeed strike in section 406 to which this is an amend-3 geologic storage. but I simply must give the objective of completing a demonstra-ment we sgsin are addressing the ques
- my own view which is that I do not be-tion geologic repository by 1988 and tion of developing the plans for perma- }jere we can have it in this decade. I would substitute the objective of pre-nent geologic storage.
think we can have these reports and be-paring site characteWation reports for Perhaps we in the EnerTy Committee gin to go wen along, but one reason the a demonstration repository by 1985.
were optimistic and perhaps too optir.lis-Energy Committee has come up with Mr. President, we believe that the tic in assuming that a demonstration re-monitored retrievable storage is that we characterization of several sites is an pository could be ready by January 1, can avoid having to prove what the geo-Importr.nt prerequisite for the develop-1988.
logic characteristics are for a period of
' ment of a geologic repository for high I think if things do work well and we 10.000 years or more of the particular level radioactive wastes. Such an ap-do not abandon the ongoing plans which geologic formation.
.proach has been recommended by the are wen advanced at this time, we could I personaDy believe that monitored re-President's Interagency Review Group still *make that date.
trievable storage, certainly for the first On Nuclear Waste unnagement, by the As I view the amendment as drafted,it 100 yean, is superior in virtuany every 1
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seepset to geologis storage, certataly W Mr. Pasoldent, I.yleid besde the so.
fs) aesspues steessa emeneer er egens sees,_ O.M J emir ta ahoes amatanees waere these as as thesense,that centesic seurage rettes tap mainderet sur time..
entheintegrityof tesegeologic goesnation Mr.JOENSTON.Mr.Prealdent 1 yield r==-a==== espeonataan thes aseguaseseerase y
to contain the wasta, back the remaindae of my tiene.
especity therefore een be provided an a timely M
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~ 2"irst, you cannot girove ttlose charao.
Mr. SIMPSON. I just wondered if I g"'.""g*e'n*rtud euch fust. and teristics for such pesiods of giano; and, amight have a personal anmment of my a) assunns fun east movery try me ped.
escend, we have seer techaclogy to earn Jn. regard to this <ates of nuclear sen(teovernmensterthe eenewoomensmesp.
monitor these wastes where any leak at weste.
erstles et redesat away-drome.s=== sessi. ~
l all een be immediaeely detected, h4 8 erring est the anbm==k+= en Nu. age feesattaen".
- =ahaaaagy here Ja at very low ecet,and clear Regulation, after having been - (b) on peso s. afteritna 1s, add a new ase.
i there is no reason not de it. It gives elected in 1914. my exportance on the tion ses to read se fenows:
s g,"$h. "),,,A,*g
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nung an appuan.
greater safety to the snuhlic, and greater subeJanasittee has been an edusational gg assumn.e to the p.buc. I say gr-ter - -
.pa.m e ens,ue, _..,,_
amisty, because I think you can store The worig we have accompli *had on as the stee of a nuenear peewplans anny euer.
these nuclear westes safely without the mahaammht-during this Congress, mit a potanton to the naa -.i-a ser menor. -
e, monitoring theen, but monitoring gives I think. has bem very halamaad. Por me, aestion to begin sonstruauna or one tassal.
that extra measure of assurance to the as one who is so-called pronuclear. I lation prior to the sendues er p1=etan of ~
have, I trust. what is called creative any required hearing upon such a public, and that is one of the important ambivalence-ef being even -snore pro = see pettuon shan be naaamp==ppuessaca.
i-d by an things we are trytng to achieve here,act sust are dhposti. but disposai which hum-th- >r mclear. wherefore. on :l':::"h1m:lltarpe,==*eg=
is so safe that even the most skeptical these issues of nuclear waste. I am con-expectanon that refusal to grant such peu.
antinuclear person can be assured that vinced that it will not be Three Mile non win pre,ans the penunner from pmvid-these wastes are not going to contamin. Island or anything of that nature that lag an a tunely manner adequate espect y for ate his water or shoot him with a death will break the nuclear industry down, ig apent fuel stornse at the ante of such plant, ray while he sleeps peacefully at night. that should occur, and I hope certainly ad (2) the pettuomar has apanded to the That is what monitored retrievable Jt does not. It rul be simply the failure '""'"""= extent precucable. the capacity of storage does. After that first 100 years to deal with the suclear waste issue N'""I'
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such u r
mt your waste heat is going to be long gone; that will bring this industry to its knees.
"(b) The nammtma than pnt W p.
Four gamma rays are going to be for the ht is why this issue is so critically uuan subausted under subsecuen (a) if it most part gone so that only minor jmportant for me-one who believes cr its deensnee determanes that. -
shisiding would be necessary and in ef. deeply in the national commitment to (1) in au respoets other than the conduct fact, you have a diferent scope of prob. auclear energy as a very important part er completion of any required hearing, there lem for permanent storage.
of our energymix..
1s a r===anaMe expectation that the require.
So I hope we can get this done.-I have Mr.RART.Mr. President,I yield back mensa of me Atomic Energy Act of 1s64. of joined in the amendment because it the remainder of my time.
je eh N on En u#
speeds along the investigation of geo-The PRESIDING OFFICER.Is au time Act of 1960 wm be mot-logic areas. The nice thing about this yielded back?
(2) there is a reasonable orpectauon est bin as it is, however, is that it takes Mr. HART. Mr. President, if it is in the design. eonstrucuan, and opersuon of that pressure og of hsTing to rely upon order. I move the adoption of the four auch inoependent opent ruel etorage Instal.
the geclogic integrity of the area for a pending amendments en bloc.
lation, as described and analyzed in W u.
period of 10.000 years or more. So we wiu The PRESIDING OFFICER. Is there com appucation therefore, wiu present no accept the amendment Mr. President.
objection? Without objection, it is so or-sign: Scant naa to the public health and Mr. HART. Mr. President, we wC1 con. dered. The question is on agreeing to the
k'33*7""d*D'u*dt
$'bNed that the p,a tinue to difer in our poucles over the amendments en bloc of the Senator from condluons described in parag-aphs (1) and role that interim storage wi!! provide or Colorado.
(2) of the preceding subsecuan are sausaed.
should provide and what the technolo.
The amendments (UP No.1470, UP No. In no event shau m car ma ton grut a s
gles a a and are not, and what the 1471. UP No.1472, and UP No.1473) peuuon under authority of this section proper policy shMd be, and I suspect were agreed to.
after January 1,19st, future Cong esses win want to go back Mr. HART. Mr. President. I move to "ic) The cammission shau require as a and reconsider this issue when we learn reconsider the vote by which the amend. concition to the sasuance of a noense for more*
ments wen agreed to.
any nuclear powerplant fw which an appu.
l Without subscribing totaHe to the de-Mr. JOHNSTON* I move to la3 that canon fu a constmcuen parmit has not be.m.t provide adequate ensite storage capa.en ra motion on the table.
scription of the Sens tor from LonNea.
p his own views. I wou'd just say, Mr.
The motion to lay on the table was c:ty for the spent fuel to be generated by agreed to.
such powerplant over its useful ute or untti President,IiMnk there have been some l
inaccurate characterizattens of the two P " " " " T "0 8***
such ume as m commteston in its discre.
I schools of thought on this issue in pub-Mr. HART. Mr. President. I send to $f sp rdNeve r
ve lications which try to characterize those the desk an amendment and ask for its win be in operation.'; and redesignate sue.
{
Senators who want to go fast and those immediate consideration.
coeding secuona.
l Stnators who want to go slow.
The PRESIDING OFFICER. The clerk te) on page 9, striae unes is through 25 1
I yield to no Member of the Senate in win nport, and inset in neu Wmo! m fouowing:
my desire to have a permanent solution The legislative clerk read as follows:
-ase. 306. (a) The secretary is mathertred
}
of the nuclear waste disposal problem.
The senator from colorado (Mr. RAa71 tor m.
ut t
I
- I do not want to delay. I do not want to Mmanit. E RAmn. Mr. smow, Mr.
of spent fuel from cirinan nuclear pomer.
j drag it out. I ofered a year 2000 dead-fjf,","hig7]gQ an un*
plants subject to the restuirements in sub.
lins for the opening not of a demonstra.
escuan (b) of this section.
l
- tion facility but a working repository for Mr. HART. Mr. President, I ask unani.
- (b) The secretary of Energy ahan not long. term geologic disposal, mous consent that further reading of the user into any obusanon to construct or Needless to say. I think this is one of amendment be dispensed with, noquire whether by purchese, lease or con.
i u
from.
stora the most serious problems that our The PRESIDING OFTICER. Without g., g any swa p,,, g g i,
society faces. We are going to have to objection.11is so ordered.
has submitted a proposal to construct or rely on nuclear power and f!rure out The mmendment is as fo11ows:
.eq,. ire the nemty to ne congmas and j
what we are going to do with the waste (a) on page a. strike lines 4 through e and pertad of sixty days of amtinuous assalm Dot.only short term or midterm, but insert in neu thereof the following:
bas elapsed without the passage of a oo.n.
{
gggg gggg,
"(1) minimising the need for away.frorn. current resolution disapproving the preet.
i reactor storage facilities by encouraging and dent s proposal:.Provided houever, That the I think this amendment helps in that oncettng the storage of spent fual at W site secretary aban. in no event, entar taso any
]
regard, and it certainly faciutates in the of each auo6 ear powerplant to be maximum obuganon to acquire an existing famnty for 3
formulation of a policy.
extent praeucable; the purpose of providing away.from reactor i
i 4
i t
I
___..._m
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y
[.
Jidy 30l1980 CONGRESSIONAL. RECORD-SENATE S 10245 sua seg tion et minimtriu the need'for % 1%deral Th3 responalbutty for intertaa spent-fuel away-f==-reat-surage or gram by ~ ~ ao=d - = =ty -d numen,m-neeeed,o, an, awa,.,,om.t. acte,,eams, encouraging and assisting P,tiuties to dustry ooneern...-The nuclear industry, unless the eseotary speeLeon11y determine,
' that the naquiatuon of actual spent fuu provide additional onsite storage ca. with pmper encouragement and a nrm Fed-aterage fact 11ues only is not practicable. in pacity by constructing new pools. It es. eral policy relaung to spent fuel storage, as no event aban such an acqunrod faciuty be tablishes a procedure for expediting the ",$
le of haeaf interian stomse g,
used for any purpose other t.han away-from-licenntnr of add.itional onsite storage reactor storage of opent fuel unius such use pools while the restricting eligibility for The OTA analysis also ident1 Sed seri-na espmenly authorised by law. Aoy pro. a Federal AFR storage program only to ous methodological flaws in DOE's esti-fuire
- those utilities who demonstrate that mates of need for Federal AFR storage.'
a nway
-react r i
stor age faciuty shan be accompanwt by a they must ship their spent fuel to the First. it noted that DOE had based its cetained statetaant-AFR facihty as a last resort to avoid estimates on the utilities' own projec-(1) desetblag the spent fuel macity to shutting down a nuclear powerplant. tions of need, as reflected in their exist-be provided by the subject faciut -
This amendment in no way precludes ing plans for expansion of storage ca-3 (s) Justifytag the need for er. espacitF the implementation of a Federal AFR pacity. DOE did not even independailtly through the identiacation by p secretary, storage program, to the extent it is inspect utility nuclear plants to deter-hYau~cEe7
'I"v $. th m needed.It merely tailors the program so mine the actual maximum capacity for lants t that it conforms to the universaly-ac-expansion at existing storage basins.
sa no reasonabne espectation
' 4 equate
' capacity for onsite storage of sw iuet can copted policy of mawimidag onsite I understand, however, that DOE now be provided in a timely snanner G, tht of storage of commercial spent fuel.
intends to embark upon such a study. By the espedited review procedure estuntamed Estimates of the need for Federal authorizing a $300 million AFR program by sectson 303: proodded, housener. That in away-from-reactor storage have proven carte blanche before DOE has compiled the event the Comminam fans to act within the results of this study, and reestimated 48 days of the noelpt of a determinsuon by notwiously unpre *rtainly iat too in@recise to justify the immediate au-its projections of need for an AFR the aEe thorization of a 8300 minion program as Energy Committee bill puts the cart be-pectatto t mq of so currence by the ca==t-ton estabushed by required in 8. 2189.
fore the horse-st the expense of the this paragraph shan be watted; In February 1979, DOE estimated American taxpayers.
(s) esumsung the cost of constructing that utinties would require anywhere Far better I beheve, to include the and operating the proposed faculty and the from 270 to 5,030 metric tons of AFR by mechanisma in this amendment that means by which fun recovery by the Faseral 1983. In an update of that sausament, would require the President to justify to oovernment of spent ruel storage oosts wut released a year later. DOE's ' estimated Oongress the need for acquiring or con-he assured:
need for AFE storage had decreased to structing a specific APR facility, rather pokfN 755 metric tons in 1985.
than to plunge blindly into such an ex-nato the den,
and the oosts and beneste of the proposed By contrast, the NRC testified before pensive proposition--and potential bail-facutty and each alternative conaldered: and our subcommittee that utilities would out for the private h;dustry--es the En-(s) justifying in dessu the need to acquire probably require only 450 metric tons of ergy Cbmmittee bill would have us do, an esisting factury not limited to setual APR storage in 19t5.
The OTA study also identifled meth-spent fuel storage facinues in the event the Finally, the OAO, in a report released odological flaws that could radicany President proposes such an acquisition and change DOE's conclusion that a Federal comparing the respective unit costs of p o.over a year ago, estimated that utilities would require only 152 metric tons of AFR storage facility would ofer econ-AFR storage in 1983, increasing to 1,443 omies of scale for private utilities.
t h
ters tt 1
' cuding storage at the reactor atte and at a metric tons in 1988.
For example, the DOE study does not federsur constructed away-from reactor It is extremely important to note, take into account the fact that the cost faculty.
however, that none of these studies as-of capital to the Federal Government is,
"(c) In adattson to any other requirements sumed any exps.nsion of onsite storage far less than the cost of capital to pri-vate industry.
in this -tatie. the seentan ahan not enter capacity by the con,y.truction of addi.
s g
pg,,
his f ailure to f ac.
Thus in its study, DOE did not use a' into any contract with a person owning c te"rIstoragUof pen 7tue tor into the possibility that utilities consistent set of financial assumption.
(1) the subject nuclear powerplant has could construct additional storage pools Consequently. OTA concludes that the bun identined in accordance wim paragraph seriously flaws the ts11 ability of DOE's diference between the per unit costs of (2) of the preceding subseettor. or estimates of need for a Federal AFR pro, on-site storage and a Federal AFR "ap-pears to be the result of diferences in (2) the secretary ahan have determined. gram.
with the concurnnee of the comma = ton, that Indeed, many utilities have deferred, financial considerstions and operational there is no reasonable expectation such per-or avoided contidering* Dlans for build-costs. rathe than economies of scale in storage capacity at the site of the subject ing additional onsite storage pools un-th.e.he Termn"Vdey MW+ b 6 capital costa "
j son can provide in a timely manner adequate g
nuclear powerplant in 11ght of the expedited til they know for certain whether or not c! ding whether it should build one away-aview procedure estabitshed by section 303: the Federal Government will accept mm reactu facEy fw its plants, or Provided, howner, That in the event the their addittor.a1 spent fuel in an AFR three on-stte storage facilities, decided t%mmuaton ratis to act within 45 days of th*
faculty $nalysis which I requested from' scale for AFR storage did not ju a any case b economies d receipt of a determination by the secretary An that there is no such reasonable expectation.
the OfBee of Technology Assessment of building an APR in hght of othe futom the requirement of concurnnce by the com. the DOE estimates concluded:
The TVA opted fu the three on-site mission estabushed by this paragraph shau be watted. No determination, concurrence, or It appears theoretically poaalble that no storage facilities instead.
noncurrence under this paragraph shan be reactor would have to shut down becaum of DOE's study also does not consider the subject to judicial rertew.
lack of spent fuel storage capacity before near-term availability of dry-storage of
"(d) Any faciuty constructed or acquired 19s7, by which time it is estimated that ne, 1*
by the secretary under subsection (a) shan on-site pools could be constructed and 11 spent fuel as an alternative to storage in i
. be subject to a license under the provisions of censed if a decision were made now to do ao temporary swf mming pools either on-site 1-section 202(3) of the Energy meergantze- (and there were no obstacles to gaining the or away-from-reactor. OTA predicts that tion Act of 1974 (88 Stat.1233)."1 redestg. nooseeary approvals). This una== ment talens dry storage technology " offers low front-nate subsection (b) on page to, une 1, as sub-the fundamental question. "why do we need end capital requirements, a shat-lead-j eection (c).
a Federal Ara program at auta time, and the ability to add storage ca-1 Mr. HART. Mr. Preside'nt, this amend-The OTA assessment becomes even pacity as needed on an annual basis, so i
ment on behalf of mysdf. the Senator more significant in light of estimates by as to svold either undercapacity or over-3 from Wyoming (Mr. SmrsoN). the Sen. the NRC that, absent unforeseen licens. capacity.
I
- c. tor from West Virginia (Mr. RAN* ing dif5Culties, additional onsite stor-This approach contrasts with fixed-3 noIP:t), the Senator from Vermont (Mr. age pools could begin operating within capacity storage pools that have high STArronD), and the Senator from Iowa 4 to 5 years. These estimates further initial costs and long lead times for (Mr. Crtvral goes a long way toward strengthen the conclusion reached by construction and licensing. OTA expects 4
implementing the twin policy objectives the OAO that:
this technology to become licensable j
4 l
4
aw.S;.Ny30N580'
~ 810246 -. y' } :a -
nw.
m.
r mm..
CONGlWSSIONA1. RBOORD-ISENiTE e
t inthin 2
~Congrams abould not si bearing ta probably the single Clement not use the term "Jduer' amendmanta.
~
thortes a adDiest FederalJ.FRsecr. et planntny of a new onsite facility that Eghtly. If you use that term around tMs age progreat without Sest knowing la associated with the smatest degree ef' snace too often, pengde 1Mak you basin whether alternative technoirgies that uncertainty. 'fbat is where it gets tough. so cry wolf. -
Impose far fewer costs upon tasm utilities In addition, the new plants for which ' I can tell you this is a
- killer amend-will be available in the next few years. applications have not yet been fuod ment." If 4his amandment penses, nir.
I propose this amendnunt requirtng would be required to provide sufBeient President, the muclear industry in this the Department of Ene:gy apneinan21w to on-ette capacity, either for the operating country la soing to be in deep trouble 1
Justify the need for an AFR program be-life of the plant or for such lesser time and you wiu probaldy have toahut down i
fore consmestonal autherisationsin con. Period as the Cammi=alon15eems neces-reactors.
e cast with an emandmant that would sary until a
..y Miny is in operation.
Ist me ten you whatIt does, nir.Presi-minimina the near forauch a program ty.Together,'these two requirements would dent. First of an it would charge the aapaditiny the liaanalny of additional do much to mawimina the avanahmty of rate papers of this country some'$33 on-stas storage faan== for utHities that onsite storese cepetity. I think that is b11 Hon more. Second,tt would create the need them to avoid abutting deern.
very critimL pa==twity of a 6%-year hiatus 1rhere I strongly urge the Senate to consider I believe there are several strong res. you do not have any place to store fuel this carefuBy czatted, rational compro-sons why any Federal APR program rodsandyouhavetoshutdownreactorm.
. mise approach, aorked out between the shouhi be Mmitad to the fewest number. Ist me explain precisely what I snean, unincrity and mModty mamha's of our of AFRis possible, consistent with the. Mr. President. Ptzst of su, do we need committee. In this time of fiscal auster-overriding need to assure adequate stor-away-from-reactor storaget Sty Congrees cannat afford to throw age capacity either onsite or offsite.
Mr. President. I had the Nuclear Reg-manay into programs without first hav.
First. these AFR's wD11nvolve snhatan-ulatory Cammhaion before iny appro-Ins a clast Ju=*alian of need. Report tial costs. to be bome at least initially by priations subcommittee en February 27, after report have underscored the lack the Feders! Treasury. Sec6nd, the more 1980. on the question of away-from-Cf any jn=tthattan for a massive ytd. AFR's there are,the more transportation reactor storage. Here is what their testi-eral AFR storage program.
of spent fuel there will be through many mony is.
Moreover, the program as conesived by of our States-a critical tasue. Third.
Question: "What is the NRC current tha Energy Cammittaa hin.Jinanced by mai=W onsite storage means that estimate on the need for an AFR in l
n one-tame fee aa====ad user utilities, the State which benefited from the elec-time?"
raises the panafhflity that it wiu become tricity from the plant win also have the Mr. Dirchs. who is their chief operat-another subsidy, perhaps unintentional, burden of interim storage of the fuel. Ing ofEcer, testified as foHows:
of the nuclear industry. This possibility which seems to be a most equitable re-we asum by toes them was be a rent need undermines the stated principle of " fun sult.
Jor an AFR1aMus country.
cost recovery."
Our amendment provides a ineans of sensoor secosas. what is the.uma ang in I urge the Aanab to reconsider the En-assuring that only needed AFR's are built getting onet ergy Committee proposal and move the and paid for by the Federa1 Government
- m. mReus sanrung et acw in m adoption of this amanament.
sithout in any way blocking the develop-n W1 he my hard to se a facutty 2 open I yield to the Senator from Wyoming.
ment of an AFR that is, in fact, needed. *** DT 1881 The FRESIDING OFFICER. The I believe that is the essentM1 point. We ' Mr. President, the NRC states that Senator from Wyoming.
want to have a justification for each they will need an AFR by 1983. They Mr. SIMPSON. Mr. President. I am proposed AFR and we want to have that state it will be hard to get one if we pleased to join in thl* amendment to reviewed on an expedited basis. Then we commence construction now to get it by the away-from-reactor anent fuel stor-want to make certain that the fuel being 1983. We asked the NRC pursuant to j
age program that would make three provided to the AFR is from plants that that testimony, to give us the detailed changes in that program: First. It would cannot provide adequate onsite capacity. written justiScation for the AFR. They l
Expand slightly on the stated policy of To do this, we propose *that a detailed have done so. It was included in the the Energy Committee's AFR program justiSeation ac':ompany a proposal by record of our hearing.
by emchantring that Federal custody of the President to build or acquire an AFR.
Mr. President. I ask unanimous con-soent fuel in AFR's should be provided 'That justtScation should include - list-sent that an excerpt containing that only in those cases where adeounte on. tng of the specific plants that cannot justification from the hearing of the Sub-site storage cannot be provided.
provide adequate onsite capacity, which committee on Water and Energy Devel-Second it would provide a mechanism is agreed to by the DOE and the NRC opment of the Appropriations Committee for assessing the need for each infJvidual in concurrence.
held on Wednesday. February 27, 1980.
AFR that is proposed. and for insuring If the Congress does'not disapprove be printed in the Racoan, that spent fuel stored in the AFR can. the Protident's proposal within 40 days.
There being no objection. the excerpt i
not be stored at the resetor site.
the Secretary of Energy could immedi-was ordered to be prmtad in the Rscons.
3 Third. it would provide an expedited stely proceed to develop the faciltry and as follows:
NRC review of utility plans to bu!!d new to enter into co.1 tracts with the utilities Awat.Paow-Rr. ACTOR SToRACE cn-site caDacity that would recuire that listed in the justification. Thereafter, senator McCLvas. what is the NRc currect future plants provide expanded capacity additional spent fuel could be accepted estimate on the need for an AFE in time?
l st the outset.
foDowing a mimnar" Deed" determination Mr. Ducus. We agure by 1983 there wu! be Mr. President, th Energy Commit. by DOE and NRC.
a real need for an AFR in this country.
tee biH already states as its poliev maxi.
Mr. President. I telieve this "need scostor MecLeas. wbst is the time lag in mizing the storage of spent fuel at re. determination"is a necessary safeguard setting one?
cctor sites. One little modification there, and a necessary step to assure that we Mr. Dm:xa. Starting right row in 19eo. It but essentiaur that remains. This do not end up with a much larger AFR win be very here to get a faculty in opermuon amendment would give the bin some program than we reauy require. At the by toes.
Means of Carrying out that policy by r9 same time, the amend!nent has been Senator McCLUas. we forced the wfwwa.
ducing some of the uncertainties in drafted to assure that the -==ay tratton to take some money for funemg of an't o
I building new storage facilaties at rese. determinations are made promptly and gj T
tor sites. Under the amendment a util. without extended delay. I think that pro-we wul make it by 19e3. is there?
Ity could begin building a new on-site vides a fair balance. Mr. President and y
.g. bat depeMa, senator. on pool before the conduct of any recuired I feel that it as an essential addition to wM, ar you,are talkas about bruning one hearings,if the necessary statutory find. the tiu. I urge the adoption of the or expanding an ex2 sting fututy 4
l ings are 2nada. These findings would as. amendment.
saw Mecm m et mese who han sure the protection of puhuc health and The PRESIDING OFFICER. The Sen* an exwting feetusy and do not want it say safety and the environment.
ator from. Florida.
mat is exactly the oommunens strategy and The length of any required public Mr. JOHNSTON. Mr. President. I do that is au they can do. Because that is au n*
O
~ ~. ~,, - - - - -. - - - - -,-
-- - ~_.
1
'i S M 247 ;
l July.3d/1980' CONGRESSIONAL RECORD--SENATE
. they eso atW ie do. thet to att their Emanter Moos.trum. 34o6 only the irrttten need for cway frema.renster (APR) spent' s
otrategy 13. I tasw that D not estany your hast4Seatton for the need. but the written futi storage beginotag Ja the aarty. to mid.
eensdra, het it Sea with what esseral of as. p an=*aa= for the stans adi=d-1980's. More recently. a 7thruary 1990 stas M.-eee attachment--of moem have been eenseraed about.
Mr. Assmasars.Of coares.
pmjected to lose full eoM Nespe N Senator Jesseseost. ' Would the Senator (The informattom fouows:)
j plend? Oculd we set a wrtetenjusteacatism to away.pnoas-asseron erssrr poss eromaes-ty nning ouppet date?
aasas yea assan zur sees in about 1983. Of the reactoroidentined in j
Mr. Asmaasse.Cartata3y.
The " Generic Environmenta11mpact State. the attachment.10 have not provided any mammem J:_
_ We have a till sondas anent en Bandung and Storage of spent indsestions of their fusure settone to allev1....
up inter this year ubish will tactude AFR's Light Water Power 3teactor Puel" (NCREO-ate the storage abortfaB and another has ts.
and the turtttaa just18estaan of that need 05751 pubitshed by the NRC in August 1979 dicated that its only present option is to would be very1stportant.
eenetuded that there would be an increasing construct an on.eite storage poet.
lithCTORS WIT 14 A ttt0NTa0E OF SPDif Futt3T0aaet CaPattLtTits, FE8. 27.1986 Babe at M emessity Tesse seas 8 Dste um W esseeny
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Fwt 1983 1985 e years indetsted are ter only these restlers with at toolisation sending Co. house 10st et the a for estians te ensutste ehertage. ese tellemaj 1 gases, 16 resetors ressuung.10 have est twee any todisetaan et toture estions.
e goess ter messesmuss e ten esse senerve 0.8) mero deriusd ede the ensumstions (1) FCR is meestassed et mulbumet astas,and Q) e PW9 and twR destfierse annustly M see h of e sere, s at FCR.
s without FCtL sussertwen.
s
- Detas used ter sung esessey without tuu core seserve (FCR) wese ehteasi tres NURIC 9020, "Deersuas unsts sestus Assert," havember 1:79.
ACTapses to ALLEv1Att escatact Salem 1-Appucation to rersch is pending facility had not been licensed for storage of decisian of contested hearing.
spent fuel previously.) including the appl 1*
Arkansas 1-Mave not provided any indl.
Bar. Onofre 1-W111 be shipping 37 MTU to cant's Safety Analysis Report end Environ.
cation of future actions.
GE alorris to provide space untn new una mental Report would be requirstL The licens.
ing review would require about one year led Big Rock Point 1 Application to tneresse come s on 11ne.
storage is pending (in. house).
Surry 1 & 2-Have not provided any in. by the need to issue a r.nal environmental Brunswick 2 & 2 Enve not provided any impact statement prior to the orpectes pub.
dimion of future actions.
T arkey Point See-atave not provided try lic hearing. Thus, presuming that required indication of future actions.
ind.' cation of future actions.
site data were available to the applicant and Calvert Clifra 1-eubmitted appuestion g3 15-40 for poison racks.
Vermont Yankee.-Mave not provided any that construct $on time for any modiScation was minimal, tkr total elapsed time for avail.
Crystal River S --Appilcation to increase indloation of future actions.
storage is penetag (in. house)Nutnity ship, mon 1 & 2-Appucation to rerack is pend. abiuty of the facility would be about 2 to 2%
Dresden 1. 2. and 8-int in:; decision of contested hearing.
- years, anent untti 1983. Application to tacrease EscRes tneTEL 13:4s P.as.
storage is pending (in-house).
Alpsy from reactor spewt ftsel storspe' time ThePRESIDING OFir7CER. Pursuant Fitzpatrick.-Appliottien to increece stor.
estimates for AFA spotlekfHty to the previous order, the Senate will age in spending (in-house).
We estimate that it would take about 3 Port Calhoun.-Rave not provided any in-years to get a new APR on 11=e at a new site. now stand in recess for 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br />.
dication of future actions.
De steps involved include: (1) site investi.
Thereupon. at 11:t5 a.m the Senate recessed until 12:45 p.m when caDed to 01nna-1.teense has diseuened increasing., rations. (2) facility design. (3) preparation 2f the license application (Safety Analysis order by the Presiding O Seer Odr.
capacitv--appuestion not meelved to date.
Ratch 1.-Application to increase storage Report and Environmental Report), (4) staff gogg,y) "
is pending.
ucensing review. (8) public hearing. (6) fac!.
D O IYRD.Mr* President.
Indian Point 2 Licensee has discussed in.
uty construction and (7) pre-operational I sugg'est the abse'nce of a quorum and creasing espacity-appucation not received testing. The fLrst three steps would likely I ask that the time be equally charged to date.
take at least one year by the applicant. The La crosse-Appuestion to inensee storage staE*s licensing Mview. including issuance of against au sides on the bin.
. ts oending (tn bouse).
a final environmental impact statement.
The PRESIDING OFTICER. Without J
Maine Tankee--Application to tacrease abould be completed in about one year fol' objection,it is so ordered. The clerk win storage is pendtag (tn. house).
Iowed by an espected puhuc hearing process callthe ron~
Minstone 2.-Rave not provided any in-(prehearings, discovery, evidentiary hearing.
The assistant legislative clerk pro-I i
9 dicath 2 of futura actions.
decision) taking at least 7-s months. fre.
eeehd to can t.huoE i
Ocoaee 1,2. and s.-Application to trans-quently longer. construction abould be com.
W. JOP.NmN. Mr. President, I ask ship fuel to Meoutre is pending decision of pleted in 18-24 tnonths followed by 2.s unanimous consent that the order for 4 ;
' contestad heartas. Application to rstack with months ef pre-operational testing prepara-poleon racks tn Unit 1 & 2 pool has been re.
tory to neelving the inattal spent fuel.
the quorum can be rescinded.
9 ee!ved.
If the independent spent fuel storage iact. '
The PRESIDING OFFICER. Without j
O? ster Creek 1-Feve discuned buildint; 11ty is proposed for conetruction on the site objection,it is 30 ordered.
a new pool with the stag.1so action has of a reactor, the timing could be shortened W JO N* Mr. President, ss E been taken.
to about 4 years. Preparation of the applica. begaI5 the recess I had inade the state-Palisades-Enve not provided.any andtes. tion by the app 11eant w nod tequire less time tnent that this sinendsnent was a kiDer tion of future actions.
beamuse of avausble atte data sad environ-amendment, and I pointed out that I did mental information. Star noensing meiew Prairie Island 1 4 2 -Previous rerowk timewouldbelessif anengsrommentalassese kiDer amendment because it threatens, heavity contested (Minnesota vs. Nac): ap-p11 cation to rereek has been received.
ment is prepared rather than a en11 environ
- first, to shut down reactors: second.10 eund cities 1 & 2.-Rave not provided a ry mental impact statement. other espects y,ut an extra cost of over $3 billion, SM todication of future *=
would be comparsbie in timing.
billion to be exact, a tnandated cost on Rancho seco-wave not provided any In-The timing for availabuity of a pre-existing the rateN of this country, and which dication of future actions.
gaciuty abould be.less than the abow cases. la smne four mes in size what the cost Robineoa 2-Presently shipping to Bruas. but tt is dependent upon the modifications or of an sway-from-eesctor stcrage would-elek -evaluattag alternative >pianning to expansions that might be proposed for tfhe be; and, third, it continues 14 leave un-ship to shetron Battle 1 (1983).
taciuty. A license app 11tation (assuming the e
=- * ~ ~ ~
-n,
S 10248-CONGRESSIONAL RECORD-SENATE ' '
2My 30,1980 nit use th2% term lightly. I said it chs n tervention. I might say that it takes 3 ApproprisLtions Committees to seek an answ: red rad in 11:6bo this whole ques-years to rerack, so if we waited around cppropriation!!rthe APR.
)
tiin of nuclear waste, st.least away-for 3 years just for reracking, then you In the meantime,34r. President, what.
i from-reactor storage.
would miss your dondune by some 3 years happens? If you can believe the NRC I premised to dealin detsu with those at the time you need APR's.
and if you can beneve the DOE, we are items to show that there is no question. New pool storage. Mr. President, ac-in the soup in this country from the that those arguments are correct, cording to this.same study, takes 6% standpoint of energy. You take an tres As we left for the recess Mr. President, years. That same study, sa I indicated, like Chicago, Zu., which is 60 percent I put in the record testimony frota the states that the cost of new pool storage dependent on nuclear energy and they Nuclear Regulatgry Cammia= ion on would be four times the amount or an do not have a place to store the spent February 27 of this year which makes additional 83.5 biulon.
fuel rods and they have to shut down two points: Pirst, that we wiu need Inlight of the fact,Mr. President,first, the nuclear plants, what do they do? I do
. swty-from-reactor stcrass by 1983; and, that APR's are required, second, that in not know, Mr. President. You have a sec:nd, that in order to get to away-order first to explore reracking it takes hiatus, a delay, a pgriod in which you frem-reactor storage by 1983 we must an additional 3 years, and in order to cannot operate, you cannot stote. I do e, )
begin now.
build new pools it takes an additional not know what the alternative to that is.
a The Nuclear Regulatory Cammiazion, 6 Mr. President, I do not doubt for a
- which cannot by any stretch of the. am% years, let.us consider what this endment does.
minute that the sponsors of this amend-imagMation be accused of a pro-nuclear The amendment can be attacked on ment have the best of intentions. When blak, submitted a detailed site-by-site two bases. One is delay and the second I say it is a " killer amendment. I do analysis of the storage pool capacity at is cost. Why do I say delay? It requires not mean that it is motivated by any tach reactor to prove that statement, a plan, specific analysis of the question antinuclear bias, that there is a hidden Mr. President, similar testimony has of whether you can rerack. Before you agenda here to shut down nuclear plants, j
been elicited not only this year but everY can 30 in and get these plants built, each ' to stop growth in the country, to require year for a period of 3 years from the utility would first of all have to deter-alternative fuels other than nuclear. I Department of Energy.
mine financial arrangements for getting do not charge that.
The Department of Energy has told us new pool storages built which would be I do charge that the efect of this in the Energy and Natural Resources in the neighborhood of per plant costs amendment, however laudatory its in-4 Committee, which has jurisdiction of this of approximately $30 million to $50 mil-tentions are, is to cripple the.use of nu-matter, that we must have these faciu-lion. So, in order to pursue plans for clear power, not so much new plants, ties enline by 1983.
this, first of all, you have to get your although that would also be a result, but Now,what happens if you need storage financing. 'Iben you have to get your existing plants, because the NRC, the Nu-capicity for spent fuel rods and you do engineering plans cost.
clear Regulatory Commta= ion, charged not have them? Weu Mr. President, you The drawing of those engineering by law with the safe operations of plants, shut down reactors. You cannot continue plans, of course, for a $30 million to says you must have away-from-reactor
,12 put fuelin the core unless you have a. 850 miulon facility takes a great deal of storage. The Department of Energy placa to put it whenit comes out.
time. I hope not as much time as the says you must have away-from-reactor language that marimizes and encour-ing, even though it is more technologi.
Mr. President if we are going to avoid, In our bill, Mr. President, we have building of the new Senate Office Build-storage.
ages the use of what we can reracking. cany sophisticated and more compH. that hiatus, then I say the only way to Rsracking is. in eHect, putting more fuel cated. But I leave it to Senators to deter. do it is to do it consistent with the En-rods in existing on-site facuities than we mine in their own minds how much time ergy Committee bill. This is t.ow the presently have.
it takes you to get one of these plans third time the committee has reported ScientiSc innovations have made pos-drawn.
out away-from-reactor storage legisla-sible,in many cases, the storage of more Then you must go, if you are going tion. And each year the need gets more rods in the facility. It is somewhat con-to build one of these things, to get per. critical.
troversial in that attempts to rerack. mission from the Public Utility Commis.
The President of the. United States such as at one of the Virginia power-sion in your particular State to assess has submitted this legislation. Mr. Presi-plants, I believe it was North Anna, this rate to the taxpayers, because you dent, I do not think President Jimmy where they attempted to do that, there cannot build without the financing and Carter can be accused of a pronuclear was an intervention filed from some en-you cannot get the fLnancing without bias. The NRC has asked for it on an uronmental groups protesting the use PUC permission.
urgent basis. The Department of Encrgy of reracking. And so reracking is some-Then you go to the NRC for approval. has asked for it on an urgent basis, times controversial.
It is true that the NRC can give expe.
If we do not do it, Mr. President, then We incorporated in our bin a maxim!- dited approval according to this amend, we have made a very sad mistake.
zation of reracking because we beheve to ' ment, but*you stin have to get approval I want '.to repeat once more that the greatest extent possible you ought to and you are still talking about some 72 language in our blu requires the maxi-rersck and use storage facilities on site existing nuclear units with an additional mization of what we can teracking. It b$cause it would involve an extra trans-90 units to come on line that are already minimizes the use of AFRs. but if we do portation trip. So we ought to do that. in the licensing process.
not begin now in this blU to build the We are committed to that and we put After you get au through that process ch' e win tadw w ei those provisions in the blu.
where you get your financing, your ensi-grave dimculty in this country Mr. President, on the question of neering plans drawn. your PUC's give it Mr. President, I do not see Eny oppos-whether you need away-from-reactor to you on the rate base and the NRC ing numbers on this amendment. I trust ster:se, I think you simply have to look approves it, then you come to Congress. that means they have decided not at what the Nuclear Regulatory Com-Then the President sends a motion for to go through with the amendment' ar mission says and what the Department of an approval to Congress with a set of [Lau hter.1 f
Energy says. Disregard. if you will, the five diferent findings, describing spent Mr President
- I will yield the floor at
, urgent calls of the utility systems them-fuel capacity, justifying the need, esti-this # ist.
4 selves, but at least do not disregard what mating the cost. delineating the alterna-2 The PRESIDING OFFICER. Who 4
. the Nuclear Regulatory Commission says tives, and justifying the need to acquire and the Department of Energy.
existing facilities. AU of those detaned TI'Id8 IIM'I L
Mr. President, reracking, according to findings must be submitted to the Con.
Mr. JOHNSTON. Mr. President. I sug-the Department of Energy, in a recent gress by the President-I do not know gest the absence of a quorum and ask study--a Department of Energy study on how long that would take just independ. that the time be equaHy allocated to the
.S spent nuclear fuel dated March 1980-- ently of these other things-where it sponsors and the opponents of the statss that reracking takes some 3 years would lie over for 60 days and if not amendment, u
to go through the licensing process in vetoed under the terms of that, then.
The PRESIDING OFFICER. Without C
order to get the storage. That is without Mr. President, after all of that is ap-objection it is so ordered. The clerk
!.A en intervention, without the usual in-proved, you have permission to go to the win can the roll.
9;
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CONGRESSIONAL RECORD-SENATE S 10249 Jtdy 30,JSB0 The legislative clerk preceeded to caIl possible that we could have an onsite hunch is that th) principal reason why pool tmder a standardized design in other private utnities hav) not yet gone the rou.
hir. SIhfPSON. I ask imuntmnus con-about 33 months.
this route, tnight just be the open prom-sent that the order for the quorum call We are not given this information by ise of the President, which is incor-be rescinded.
antinuclear people or pronuclear people. porated into the Energy Committee's biH.
The PRESIDING OFFICER."Without We are told this by the respected en-that the Pedeml Government is WHling objection. it is so ordered.
gineering firm of Stone and Webster, to build an unlimited number of AFR's.
Who yields time?
that that a 33-month time period for 'Itat is what the Energy and Natural hir. SIhiPSON. Mr. President, I yield onsite expansion is very likely the cir-Resources Committee legislation calls o
sucicient time to myself to address the cumstance.
for. The utilities, therefore, are waiting, pending amendment.
~
Mr. JOHNSTON. Would the Senator as I suppose I would do, too, to see what The PRESIDING OFEICER. Is
- the yield or would he like to finish his Will happen here. so they wiH then not Senator yielding time to the bill?
staternent?
have to go to the issue or expense of hir. SIMPSON. Yes.
Git. BRADLEY assumed the chair.)
building additional onsite pools.
hir. President, I appreciate the return Mr. WPSON. I would like to finish In terms of interim storage, it just of the floor manager. I wanted to await my remarks and then we can debate. I makes good sense to store the fuel at i
his return because I have ustened with would appreciate that.
the reactor site. whenever possible. That great interest to his arguments. They There zeally are two fundamental puts the storage burden on the State.
are very compening. I happen to re-policy diferences between the Energy. which has benefited most from the elec-member my days of legislative experience Committee and the Environment and tricity that generated the waste. It in the wilds of Cheyenne. I served there Public Works Committee on AFR's. The spreads that burden rather than con-in the State legislature for some 13 years, first one is that our committee believes centrating it in a couple of States.
I always remember the great argument that, wherever possible. spent f uel should The second policy is that each AFR about the killer amendments-which is be stored on site, either by reracking of ought to be independently justined be-a tool I have used with great skin in existing storage pools, or building new fore a commitment is made to build it my past legislative endeavors. It was al. storage pools at the reactors. '
or to enter into contracts to fillit.
ways the one that would get the atten.
That is our position. We think that is hir. President, what we are doing with tion of the group-any reierence to kuler a reasonable approach, the pending amendment, and what we amendments seemed to get the juices The process sor expanding onsite ca. tried so diligently to do in the Environ-Sowing pretty wen. I have used that de-pacity to the extent it is possibleIs a way ment and Public Works Committee, is vice and shsH probably use it again, of reducing the need for ARS and re. to s:reamMne the process of determmg frankly.
duems the need is what we hope to do.
the need for each AFR. We are not ad-hir. JOHNSTON. Win the Senator If we bund new onsite pools, where vocatmg delay. Those of us that know yield?
possible, as an alternative to an AFR, the chairman of the Subcommittee on hir. SIhfPSON. Yes.
we minWe the amount of transporta. Nuclear Regulation know he is not about Mr. JOHNSTON. Is the Senator sug -tion of spent fuel across virtuaHy every to sanction the tactic of delay. He is gesting that he win put in more kiner States' highways in the Nation.
impatient to proceed in this area of deal-amendments than this one?
We deal here, obviously, in a very emo-ing with nuclear waste. So am I.
Mr. SIMPSON. No, the Senator is not tional, highly charged arena. One of the So I cannot ascribe to the view that suggesting that. I am suggesting that if issues in the consideration of AFR's is there has been any attempt on the part you stay in the leg.slanve process long always transportation. "Do you mean cf the Environment and Public Works enough. you win eventuaHy be on both you are going to move that stua across Committee to delay. That is not part of sides of everyissue.
my State?" That is the issue, and what the issue.
What I should like to state. very briety, people are concerned about.
We have a very carefuHy crafted is this: In no sense do I have any intent New on-site pools, as I indicated, maY amendment here which sets out pro-of destroying the ability of the nuclear wen be cheaper than bunding on AFR, cedures. Most importantly, the language industry to function. I want to be very contrary to previous debate. Stone and of the amendment says this, and people clear about that. I said that earlier in Webster, an industry architect, had de-are overlooking this in the process:
the debate. I ren what is known in the veloped a standardized add-on pool for ne secretary is authorized to construct trade as pronuclear. I make no apologies reactor sites.
or acquire, at least one away.from-reactor for that. As I say, my conSict comes I think a standardized add-on pool facnity for the interim storage of spent fuei.
from the fact that I am probably more 05ers substantial cost advantages over So to say it is a killer amendment or prohuman than I am pronuclear. That AFR's when the cost of transportation that it strikes down AFR s is not borne leads to a great deal of ambitalence, is entered into the equation. We see out by the language of the amendment.
sometimes, many studies on the subject but they But what the pending amendment does The issue with regard to this amend-often do not provide the cost of trans-do is state that the Secretary:
ment is that,if an AFR is needed,it win portation when they are compunng in Shau not enter into that obugatics to be built. There is no question about that. cost of AFR's.
There is nothing in this amendment According to Stone and Webster, spent f
- &77 $,,y,3gT,I$tN 4
g which would prevent that. If it is needed, fuel stored in a 1.400 metric ton on-site President has submitted a proposai to con-it will be built.
pool for 20 years would cost $143,000 per struct or acquire the facuity to the ccngress The amendment makes continual ref-metric ton to store the fuel A 5.000 and a period of 60 days of continuous ses-erence to minimizing the need for the metric ton AFR would cost $233.000 to aton das elapses without the panage of a AFR storage f acinty by encouraging and stcre the same metric ton of spent fuel concent resolucon ciaapproving the assist!DE the storage of the spent fuel for the aame period.
Predent's proposah Nded homen hat
- h ' 8**" **"I
'D'"' I" "' ""** * * *** 1***
at the site. That is what the amendment So, contrary to the claims made. AFR's
'"I E'
"* " " " " " " * * *
- 8 #"
does. We MU determine the need ior each are not cheaper than building new on-AFR at the time lack of onsite storage site pools. In fact, the cost dicerential in So we do not have that problem of is clear. Continually, we see in the favor of a new on-site pool may be piccing up an older facility and makte amendment the reference to the phrase substantial.
It into an AFR without proper notice to
of need." We shan determine the need The Tennessee Valley Authority al-Congress.
for each AFR by an analysis of the exist-ready made the decision to go with new When we provide for a proposal from ing storage capacity onsite. That is what onsite pools to deal with their spent the President to construct or acquire the amendment requires.
fuel problem as an alternative to going an AFR, it shan be accompanied by a In bearing the discussion of the cost with an AFR.
statement identifying the need for a and the time limits I believe that we That is an interesting element. I think facility, which is a critical requirement, want to be very assuredly presented with it should be injected here.
We identify the need for the facility the facts that a new onsite pool would. Why is it that the TVA has gone for-and the capacity; we justify the need by.
p*obably take a period of construction of ward with onsite expansion, believing examining the existing reactors; and 4 to 5 years. We are also told it is very it is the best method for them? hiy the Secretary identifies those reactors O
O
.C S 10250 CONGRESSIONAL RECORD-SENATE July' 30,1980 ~
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with the concurrence of the CommMion' actor, fir whatever reason. It is o meas. Senator from Iouisiana has ably pointed of the speciSc nuclear powerplants, for.ure Cf safety which I think is absolutely by giving the d tes--then 7:u cpply for which there is no reasonable expectation essential.
a teracking proposal.
that adequate capacity for onsite stor.
However, allowing for that full cort If we take, for example, Calvert Clics CE3 Cf spent fuel can be provided in a reserve, this is what the NRC says:
with a capacity date of 1984, we 100$
I I
timely manner, even with the expedited what would happen at that time is that further in that table and find that the review process.
at cainrt cuss, Maryland, by 1s82 you run utiuty has a pending teracking proposal The amendment goes on to call for out of space.
which wgd give them an additional 10 concurrence of the CommMion and a - At Crystal Rint, Florida, by 19e2, you run Jurther wak.
Mj,j,ysYe$, n11nois, by 1982, you run out of River, they have a pending The Department of Energy can come reracking proposal which has given them space.
up with that list within weeks. There At Fort calhoun, Nebraska, by'19e2, you 15 years of life. The only reason there l
is not any reason why DOE cannot come run out of space.
is a zero behind other plants on the up cith a list of reactors that will re-At Olnna, New York by 1984, you run out Senator from Louisiana's list is that they quire additional storage capacity, even of space.
hav not yet appHed for a reracking pro-during the 4 or 5 years that would be re.
At Eatch, Georgta, by 1985, you run'eut of quired to build the onsite storage sp e s indian Point, New York. you run out of Mr. JOHNSTON. Of course, the Sen-capacity.
- space in 1981, or in 1984, if you want to atoris correct,that many of these plants th eed with ut run core resern.
have applied for reracking; and we have pr AFR pr al to dh e ce can deal with the issues I have men.
Mr. President, operating a nuclear spec 1 Sed in our bin that you marimue the use of onsite faciuties. We are not 1
tiened in a very deSnitive manner, plant without a full core reserve is like So, fir these reasons and others that taking off in a jet plane with just enough in disagreement on that, j
The Senator did not ten the Senate with a philosophy of this Senator. It fine as long as there is no inclement that many of these plants have no pend-
{
wiu be debated. I leave my coueagues gas to get where you are going. You are seems to me, even though this nuclear weather or a pileup of traf5c, so long ing plan.
For example. Arkansas 1 has not pro-industry was created by the Federal Gov-as an your navigstion gear works prop--
vided any indication of future action, O
ernment, and that is assuredly so, erly. But if you run into any of those thr; ugh the Atomic Energy Act. I be-things, you are in trouble.
and on down the Est. Some can; soule lieve it is time to remove some of the If you operate one of these nuclear cannot; some are stopped by a Catch-22 lawsuit.
p;ternalism of the Federal Govermnent plants without a fuu core reserve and fr:m this particular area, because I be-anything goes wrong, then you have to For example, in the case of State of lieve that utuities and the industry it. shut down the plant and, I suppose, let Minnesota versus the NRC, they applied j
self has an obligation of self-help in the the people burn up in the summer or for expansion of onsite facilities; and l
crea of storage of waste nuclear fuel, freeze to death in the winter or go with-the court ruled that they could not ex-Q I believe the utilities should be in-out 11ghts. Igis that simple, pand those facilities until the Govern-6 ment demonstrated confidence that o2-volved. I know that this is not a particu.
Unless you can take that reserve out larly popular proposal for those who and put it somewhere-and you cannot site storage would be buut. In other share my phuosophy about the basic just put it in the back of a truck. You words, the courts say that you cannot do
(
issue itself. But, in my judgment it is have to put it into a sWmming pool, be, what would be provided for in their pro-
)
tune that the utilities are involved-cause it has that decay heat. That is posal until the NRC shows that you can involved with regard to their capital, what the onsite and reactor storage do. bund away from-reactor storage; and their self-interest, and that the Federal Unless you can do that, you have to shut you cannot build away from-reactor Government should simply not say,"We down the reactor, storage, under their proposal, untu you are going to build you an AFR. We are I continue with the ust:
have gone through au this rigamarole to prove that you have done it onsite. So gling to take title to the fuel, and we win 1.across. Wisconsin,1980; Maine Tankee, it is a Catch-2..
take c:re of you." I think that time is Maine, 1983: Milstone, conneetteut, 1983; past for the nuclear industry, oconee, south Caroline.19e2: oyster creek.
Mr. President, the Senator gives us Mr. JOHNSTON. Mr. President, there h*ew Jersey,1983: Palisades. Michigan.1982: a ngure of 33 months, by Stone and Prairie Island, Minnesota.1982: Quad Cities, Webster, for construction of an onsite is no disagreement on the need to maxi-nunois,1982; Rancho Seco. Caufornia.1984; facility. That does not include the mize storage at reactor sites. Indeed, we speciScally provide for that in our bill.
c1$or i $d 2, reparation of the application, nor the so S ginia, design work, and it certainly does not in-Page 6 of the bul, as amended, states as 1982: Turker Point, riorida.1985: vermont clude the interventions and do they get fonows:
Tankee,1984; zion 1 and 2,.Iuinois,1981, interventions in these cases'every time The poney under subsectien (a3-It is true that the figures I have just Mr. President, virtuauy That is, the policy of providing for read, from the Nuclear Regulatory Com-they try they get interventions. I am such storage-mission report, can be extended some-advised that many environmental groups shnu provide for maximizing the storage of what if you proceed without the measure other than those which have actually such spent fuel at the site of each ctrinan of safety which I think is essential-that filed interventions disagree that maximi-nuci:ar power plant by utiuzation of avail-is, in having a fun core reserve.
zation of onsite is the way to go. They abu spent fuel poold to the maximum prac-I ask this of the Senator: Does the think there are dangers inherent in that, tacal extent.
Senator dispute any of those individual and I cannot speak to what the dangers So we already hav'e provided for that. facts from the Nuclear Regulatory Com-are onsite.
What we would not do, under the Hart-mission?
AllI can teH the Senate is we put it in Simpson amendment, is provide AFR Mr. SIMPSON. Mr. President, the Sen-our bill to maximize it, but there is great space in time.
Stor does not dispute the figures, but cer-diference of opinion as to whether it is Mr. President I have put into the ree-tainly something is lacking in the con!- the most dangerous. I can tell the Sen-trd o Ust from the Nuclear Regulatory pletion of the presentation, which is a ate that the NRC and the Department of Commission. First of all, I put in their very criticalissue.'
Energy say that we need away-from-testim:ny which says that they need this Let me be very clear on this. I support reactor storage, that we have to begin it spac) by 1983: that in order to get it by fully, and so does our committee, the now in ordct to complete it in 1983 when 1983, you must begin it by 1980. They list, issue of fuH core reserve. There is no it is needed.
by reactor sites, the date.they win $11 question that the lack of a fuu core re-And the Department of Energy says it th fr capacity, with or without full core serve is just as the Senator from Loul-costs an additional $3.5 million. Maybe siana has described it in the airplane someone disagrees with that. I do not reserve.
I point out to my colleagues that fun analogy. What is not presented in the doubt that there is sogne report that says
~L cire reserve means the ability to take all Senator's description is so critical that that $3.5 billion is not the correct figure.
U. '
your fuel rods and your existing ccre and it must be presented at this moment, and,But, Mr. President, we should leave that W
take an of them out and have space to it is this: When you run out of space-to NRC.
y put them in, in order to repair your re-and that is what has happened as the We have provided the policy to maxi-
.C Wi bW e[
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.Tuly 30,1980 f ;
4 CONGRESSIONAL RECORD---SENATE Q,".
ijS10251'
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mise onsite, and we have given to NRC portationandnewtechnologysuchasrod-essary delay in the approach taken by' the' duty and.the mandda to *=n== It enmHdation for expanding existing th3 Environment andPubuc Works Com-is their duty to protect safety.
storage, to quote the TVA. " Economic mittee. Our approach in the pending.
Why should we come here on the floor comparison favors the onsite option in amendment wou3d permit Congress to..
and in the face of advice from the De-accommodating the early needs."
authorise an AFR program now as pro-partment of Energy, the President of the This is an economic study done by the vided in the Energy Committee bin, but United States, and the Nuclear Regula-Tennessee Vaney Authority about the before -the Department of Energy can tory Cammwon say,"IAt us substitute storage of its own spent fuel. Conse-buy a reprocessing plant for an AFR -
quently; the TVA elected to build three storage or to build a new AFR facihty -
our judrmant on safety for that of the NRC,let us substitute our judgment on additional storage facilities at the reac Congress would get 60 days to review a ~
the need for AFR's let us substitute our tor site instead of an APR fac!Dty for its specific proposal submitted by the Presi-o judgment on the question of costa for entire system, and that was purely and dent justifying the need. This proposal would include an ident1Scation of those that which is given by the experts set simply an economic calculation which up by us independently under the law to the TYA itself made, tmHng into consid. plants which need APR storage in the D
deal with these questions?"
erstion some of the ancinary and corol-near term.
Mr. President, we cannot approve the lary costs that I am afraid the Depart.
The amendment also provides an ex-amendment and proceed in any rational ment of Energy study has not done.
pedited procedure for Heensing construc-In addition. Mr. President, the only tion of new onsite storage pools to en-way with nuclear energy.
. architect and engineering firm within courage utiuties to proceed with the con-Mr. HART and Mr. SIMPSON ad-stmetion of onsite pools.
dressed the Chair.
our knowledge that studied this question Mr. President, the process is now un-The PRESIDING OFFICER.The Sen-and developed plans for additional on.
stor from Colorado.
site storage facilities-known as an in. der way to identify the actual need for additional storage and whether that stor-
-Mr. HART. Mr. President, what is the dependent spent fuel storage installa.
time on the amendment?
tion-estimates that the per unit cost of age should not occur at the reactor site or somewhen else, The PRESIDING OFFICER. The Sen-a 5,000 metric ton AFR is sughtly greater We do not in fact have the data base stor from Colorado has 16 minutes and 5 than the per unit cost of a 700 metric that the Energy Committee seems to feel seconds; the Senator from Louisiana has ton onsite additional storage pool and is conclusive. The record before.the En.
10 minutes and 17 seconds, signiScantly greater than a 1.400 metric vironment and Pubuc Works Committee Mr. EART. Mr. President, if it is agree-ton onsite storage pool.
is quite diferent as to the immediate or able with my colleague from Wyoming I Moreover, the economies that are short term need for away-from-reactor wiu yield myself 5 minutes on the being calculated here do not consider storage, and we know that the potential amendment.
other technologies that the Nuclear Reg, and the actual necessity for massive Mr. SIMPSON. Mr. President, that is ulatory Commtalon has under review. transportation of nuclear waste and Por extinple, the NRC is currently re-spent fuel around the country itself poses certainly agreeable.
viewing the first soplication for rod an enormous potent!al for delay, and Mr. HART. Mr. President, as I under-stand the arguments made by the compaction, a technology that can dou. that is what the away-from-reactor pro.
Energy Committee and the able foor ble existing storage capacity, depending posal that the Energy Committee is sug-manager, the Senator from Iouisiana. on other structural Umitations. That gesting would involve.
they are essentinny twofold.
technology could become avanable with.
Incredible political complications re-First, that the approach proposed in in the next year.
sulting from crossing of almost every the pending amendment by the Environ
- In addition, the OfBee of Technoloey State line with vast quantities of nuclear ment and Pubuc Works Committee re* Assessment argues that dry storage tech-material and spent fuel, that itself would suits in unnecessary and unacceptable nologies wiu be available as early as next be subject to delay from court suits and delay and, second it results in ex* vear as an alternative to butiding addi-chauenges by governmental entities, pri-traordinary expense which is over.and tional onsite wet storare pools. "Ite NRC vate organizations, and individual c.iti-above what the Energy Committee could license the technology within a zens.
contemplates.
year or two in time for use by those So the scale of delay is not tilted just I shan take those arguments in reverse utilities with even the most extreme need one way, Mr. President. Once the Ameri-order. If I may. Mr. President, and re* for additionalstorage capacity.
can people becorne f amiliar with what it spond to them briecy.
There is no reason. Mr. President, to is the Energy Committee is proposing First of an. the argument by the commit to a $300 minion AFR program here involving extraordinary transporta,
Energy Committee that the economy for until we know for sure whether these tion ci nazardous material. I think what a federally constmeted and operated technologies will be available to utitties we are seeing there is a potential for at away-from-reactor site storage f acilitF as an alternative.
least as much if not more delay resulting is much more f avorable than that pro-
' These technologies have clear advan. from the approach being taken by the posed by our committee is not clear.The tages for utilities, Energy Committee, and we certainly Department of Energy's calculations First, the Of5ce of Technology Assess. chauenge the economic calcula,a p tions upon upon which this cost is based are based ment estimates that dry storage would which the Energy Committee upon a capital cost to the Federal Gov-cost around $40.000 per metric ton of is based.
ernment of 6% percent, f ar less than the spent fuel, substantiaUy less than the Mr. JOHNS' ION. Mr. President, there current cost of capital to private indus. Department of Energy estimate for AFR are an kinds of Sguns.
.a try of 10 or 11 percent. The difference storage of $130.000 per metric ton. More-I am familiar with the TVA study.The would represent, of course, an indirect over, to quote the study in that regard, TVA study relates to the TVA reactors subsidy from the taxpayer to the nuclear they have "eigniScant potential advan. there under consideration. I do not know industry. If in fact the approach being tages, these new technologies, in terms whether their figures are accurate with proposed by the Senator from Louisiana of low front-end costa, relatively short ne or two units. I believe respect to their o,s Ferry. But I do know were accepted; therefore, the taxpayers lead times, and the ability to expand in-it was at Brown of the United States would be involved in crementauy." In other words, utnities mat me helear Regulam Commisskn a very enormous increase subsidization would not have to commit large amounts.and the Department of Energy have of the private generation of electricity to startup the facility.
made studies nationwide.
from nuclear power in this country.
The PRESIDING OPTICER. The Sen-We are not dealing with TVA here. We May I cite, Mr. President, the calcula* ator's 5 minutes have expired.
are dealing with 72 reactors presently 11-tions done by the Tennessee Valley Au-Mr. H ART. Mr. President, I yield my. censed and operating and another 90 in thority in this connection?
self 3 additionalminutes.
the licensing process.
With regard to the comparative eco.
Rather these new technologies could So when we talk about cost estimates nomics in deciding whether to proceed permit the utility to spend money in-that provide for an additional $3.5 bil-crementaHy to add the additional onsite with an AFR program similar to what atorage as the need becomes apparent. lion, that is not the Energy Committee,
the Department of Energy is proposing, MF, President, the Senator from Louist-that is not our stafl; that is the Depart-the Tennessee Vaney Authority deter. ana has initiauy argued there is unnec-ment of Energy.
mined that with the added cost of trans.
4
S 10252 CONGRESS 10NAL' RECORD-SENATE -
/uly 30, hS80 m
Mr. President,16 'seems to m3 we and it is thne for us to livs up to our the tahl'ing modon I wIuld like to make
'M ',
abould not second guess the Department responsibutty and legislate on this issui a partimmentary inquiry about the ses
<; l of Energy and the Nuclear Regulatory and in my opinion, there is only one rationing plan, and the action I intend Camm6==6cn on these matters of swat way to lesialate on this issue, construc-to take on that.
I tively and positively, and that is to say Mr.JOHNFION. Mr. President, may I import.
To swpest, and I wm be ready to yield with the Energy Committee position be recognised to speak on that subject?.
back the rammander of my time if the which said. "We know what must be We are windtag down on this amend-Senator from Colorado and the maneae done. Now let us do it."
ment whichis. I think a minutes on their a
from Wyoming are, but very simply. Mr.
Instead of ducking the issue and say-side and whatever time we take-.we have President, to repeat, the NRC says we ing. " Wen, we are not quite sure what what,3 minutes left?
. Two e
need C,way-from-reactor storage by ought to be done and we will set up some The PRESIDING OFFICER.
1933; that to get it we need to start in kind of a little procedure here that in minutes 54 seconds left.
1930. Under the Eart-Simpson amend-the future win yield a decision." we know Mr. JOHNS'!ON. So we are winding ~
ment there is no way you can bestn in what needs to be done,let us make that down.Ihope we can set to a vote onthat
- 3pgo, decision.
and then so to the manatar's question.
Whether it takes 6% years, as the De.
Second. lest people believe that simply Mr. PERCY. Would it be the under-partment of Energy says, to build mor, la my opinion I ndght just relate that in standing, then, that immediately foUow-on-site storage, whether you would be the process of developing the optien that ing that vote on the privileged matter, hit with the decision in the State of the ad=ian=tantion might exercise in with the clock running on it, that I would Minnesota versus NRC, which would not APR, I got some additional moneys put then like to take up the motion of a dis-tilow you to proceed, whether you have in the budget so that they could do that. charge for 30 minutes equally divided?
intermtions that are not built into that The administration initiany was ads.
Mr. JOHNSTON. If we win the tabl-i 6% years, whether that figure is pre, mantly opposed to that budget add-on. ing motion then I believe we may be cisely right, no one can say. How long it They did not want the money, they did ready to go to final passage. If we do not would take Congress to act no one can not need the money. There was not that win-without any intervening amend-say, sacept that we are sure we could not much urgency.
ments. I would hope that is so. If we lose get this session under the Bart
. Under the prodding of Assistant Secro-the tabling motion then you could go to tary John Deutch, who supported the &as rationing.
amendment' s clear, we could not meet need vismusly, openly, emphamnBv. we Mr. HART. Mr. Pmsident, on whose One thing i
' th* dates as speciSed by the NRC. You did put the money in because we could time is the discussion taking place?
cannot do it under their amendment, you not wait any longer. If we did not have Mr. PERCY. That would be agreeable just cannot do it the money in we could not meet the date to the Senator from IU1nois because I Mr. President. It is impr'ident to dis-that was absolutely necessary to meet. I know we are smdous to finish this billif re:ard the advice of the Nuclear Regu-do not think Secretary Deutch took that we possibly can, and I want to cooperate.
latory Commission and proceed without position because he wanted to waste the Mr. HART. Mr. President, may I in-a full core reserve capacity and that is money. I do not think he took that posi-quire from the Senator from Ininois--
tion, because it was an uncomfortable wen, let me respond, if I may-I yield what you are doing. That is not my opin-pos n fu him in some aspects, going mysm 4 mindes--to 2e Senator from ion. that is not the Energy Committee's against other spokesmen within the ad-Idaho and the Senator from Louisiana.
opinio-that is the Nuclear Regulato Co-Nttion's o~"b'on. which Coeti ministration. It was a di"icult position The PRESIDING OFFICER. The Sen-P has been so crit 1 ed by the industry for necess y of s
so t we T.
Pru
'h not having an antinuclear bias.
could meet the date.
an issue of delay. The Senator from However you feel about the RC, the For it now to be said that we do not Idaho suggested that if you are serious one thing that is clear is they are inde* need to because there is no urgency flies about the nuclear waste problem and pendent, charged with the duty of safety. in the face of the decisions of the Depart-you want to move on, then you have no So I hope, Mr. President, that this ment of Energy and the responsible de-choice but to vote for the Energy Com-
. Congress wiu not try to second guess the cisionmaking authorities within DOE. It mittee proposal. That is not the case.
President of the United States, the De* files in the face of the unrebutted, un-Everybody wants to move forward with
_ partment of Energy, and the Nuclear questioned advice given to us by the Nu-disposing of nuclear waste. There are i
Regulatcry formittion in their urgent clear Regulatory Commhion.
two diferent ways to do it, that is an.
request for the abuity to build away*
I think the time for the Senate to de-This bill can authorize away-from re-from reactor storage now in this section cide has arrived, and I am prepared to actor storage and, in fact, our amend.
in this biU.
vote. I do not intend to prolong the de-ment contemplates that. The Secretary If the Senator is nady cision any further. I thank the Senator of Energy can request funds for away.
Mr. McCLURE. Mr. ? resident, wSI the from Louisiana.
from-reactor storage. There is nothing Senator yield?
Several Senators addressed the Chair, in our amendment that prohibits that.
Mr. JORNSTON. Yes.
The PRESIDING OFFICER. Who So I want the record to be clear and I Mr. McCLURE. Just very brieSy.
yields time?
want our coneagues to understand that It is not my purpose at thIs time to Mr. PERCY. Mr. President, I ask for 5 if you favor getting on with solving the lengthen the discussion concerning the minutes.
nuclear waste problem you have choices issue because I think it has been pretty The PRESIDING OFFICER. Who other than just to support the Ene.rgy thoroughly. ventilated. but there are yields time?
Committee.
maybe two or three things that might be Mr. PERCY. In support of the Hart. Second. Mr. President I want to re-
. added to the debate at this point. I do amendment.
Iterate a very important fact.
not mean to repeat.
Mr. HART. I win yield to'the Senator If we adopt the Energy Committee's
,'i Pirst, is that it is being represented if I might have 2 or 3 minutes to respond proposal and reject the Environment that there is not any urgency, and we to the arguments that have been express-and Puhtic Works Committee's amend-need not now, tcday, make the decision. ed.
ment we are voting for massive trans-
' NBC's testimony said we need the de-Mr.SIMPSON.I would ask before time portation of nuclear waste and spent fuel b:;
4 cision and we need it now, and we do not is yielded for a couple of minutes.
an over this country, and when 1 year U
j need to set up a mechaninm by which we The PRESIDING OFFICER. The pro-from now or 2 years from now or 3 years 5f,
can arrive at a decision in the futura.
ponents have 8 minutes 13 seconds and from now Governors rise up in arms, as
.t,
i Tha time for the decision is now. the opponents 3 m'mt they are going to do. and city councils M.
$g There may be soma people who want to Mr. HART Mr. President. I would like rise up and mayors rise up, and citizen 1
duck that issue and create a procedure to divide the 8 minutes between myself groups rise up against the transporta-rather than confront the issue and make and the Senator from Wyoming, and tion of tons and tons of nuclear waste p
that decision and I can understand why then I wul yield the Senator 5 minutes across those roads up and down the 47 they might desire to do it. But it is too from the 3 hours3.472222e-5 days <br />8.333333e-4 hours <br />4.960317e-6 weeks <br />1.1415e-6 months <br /> on the overau blu that highways, through the towns, through y; t Inte far that. We have already procrasti-we have,if that is agreeable.
the farmlands, near the schools, and
(
nated too long c,n this subject matter, Mr. PERCY. Mr. President, prior to everything else. I hope Senators under-
.e t
. W M
D
- (
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.J.
i
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\\
i July 30, N80 CONGRESSIONhI/ RECORD'-SENATE S 10253 stand that that is what they'are voting you see wh:t happens when you try to Mr. HART. Mr'. President, I ask for. Away-from-reactor storage as the put your local AFR out there. You are unmMmous consent thit the Senator solution the immediate solution, to the going to find tremendous problems be-from IHinois be heard for 5 minutes.
expanding nuclear waste pile, involves cause of the transportation issue. You Mr. JOHNSTON. Is that in addition massive transportation of nuclear are going to find worse problems because to the 2 minutes?
of the geographicallocation.
Mr. HART. That 3 additional minutes
- wastes, If you do not like that, then you had The most iascinating part of it is why be added to the 2 minutes remaining for better think very seriously about this not keep the stuE at the alte where they the Senator from Illinois.
have gone through those fires? In other The PRESIDING OFFICER. Is there vote.
The amendment proposed by the Com-words, there is not a plant in America objection? Without objection,it is so or-mittee on Environment and Puhuc that has not gone through a most bruis-dered.
Works is consistent with the rammen-ing process to get there--a hearing proc-Mr. PERCY. I thank my distinguished dations of the 14-member FWders! Inter. esa and intervenors. and they are there. coueague very much. indeed, agency Review Group on Radioactivity We are saying, take the nuclear waste I rise only becauso-if I could have the l
l **
Waste Management (IRO) which can andputitthereunderanexpeditedproc-attention of the managers-there was a for the use of AFR's only where utiuties ess which is going to save months and. failure An the eHort to reach some com-are unable to store onsite. That is not maybe even years of time under the ex-promise on this issue. I earnestly hoped Just the DOE, that is the entire admints-pedited procedures of this legislation, that it could have been worked out be-trative branch of our Government.
because new AFR's will go through some tween the distinguished Senator from Our amendment is consistent with the real fires of approval of any kind of a Colorado (Mr. HAsT) and the distin
- President's February 12, 1980 statement facility like that.
gulshed floor managers of the bill.
on nuclear waste management which Furthermore, do not miss the other That eRort having failed, though a cans for a similar policy on minimMnr issue in this amendment: New facilities best e!! ort was made on all sides. I must AFR use. Our amendment is consistent coming onstream must have a full life-reluctantly come to the conclusion that with the June 1979 report by the General time casite storage capacity--that is I oppose the motion to table the Eart Accounting Office entitled Pederal Fa-great, we need thati we needed it long amendment, and oppose title III in S.
.cilities for Storing Spent Nuclear Fuels, ago--or else until a permanent repository 2189 as it now stands.
Are They Needed?" which concluded is avanable.
Mr. President. to most of the Nation, that the private sector is fuHy capable.
So if you really believe in the speed. Morris Ill West Vaney, N.Y.,
and both physically and financially, of con-if you really beheve in getting on with Barnwell, S.C., are just three points on thuing to store the spent fuel at the re it, then 30 to the maximum onsite use the map-sman towns, with average peo-without the hassle, which we have built pie living average lives, and facing aver-actor alte, Finally. the DOE statistics. which the into this amendment through the expe-age problems.
-l Senator from Idaho (Mr. McCwaz) and dited process, or go on to the AFE with In point of fact, these are highly ex-the Senator imn Louisiana (Mr. Jonws-a guaranteed continuing hassle in the traordinary towns, whose inhabitants are' sToN) cite, are premised on only expan-future, now in the midst of an extraordinary Mr. HART. Mr. Presideat, our col-problem, one they have not caused but sion or use of existing facilities as re.
raching. And that is inadequate. Our league from Illinois has requested time. can do little to stop.
committee does not quarrel with that.
I assume that is for the purpose of ad-The problem is the possibuity, if not Our committee proposes expanding dressing the pending issue. Is that cor-the likelihood, of the Department of En-onsite capacity by building additional rect?
ergy in the near future. purchasing ex-storage capacity. That knocks the DOE Mr. PERCY. It is. It is to oppose the isting private nuclear waste storage f a-and NRC calculations in a cocked hat, tabung motion.
cinties in these communities and turning because they were premised on a much Mr. HART. Mr. President. I yield 5 them into national storage facilities. to diferent approach. I hope Senators minutes to the Senator from Illinois on hold thousands of metric tons of highly the time allocated to the Senator from radioactive nuclear spent fuel. None of understand that, I yield to my coueague from Wyoming Colorado and the Senator from Wyom-these away-from-reactor pools, or AFR's, (Mr. SrursoM).
ing on the bin, were built Mth intention of having them (Mr. HEFLIN assumed the chair.)
The PRESIDING OFFICER. The Sen-sold to and operated by the Federal Gov-Mr. SIMPSON. Mr. President, to sum-ator only has 2 minutes remaining on ernment for an indeterminate number of marize very briefly, we heard the floor the bul.
years. None of these faciuties were ex.
managers discuss the special procedures Mr. HART. Mr. President, does the pected to possibly be expanded to three of this legislation. The real special need Senator from Colorado not -have time or four times their normal size, so they here in this situation is that we have under the agreement on the biH?
could accept spent nuclear fuel from re-the NRC and the DOE in the concur-
'I'he PRESIDING OFFICER. I am in-actors thousants of miles away that had rence process. We need that at this time. formed, since I have not been here au depleted their avaHable onsite storage We want to look at the reactors and find of this time, that the 3 hours3.472222e-5 days <br />8.333333e-4 hours <br />4.960317e-6 weeks <br />1.1415e-6 months <br /> has capacity, because it was the original in-out what the needs are at each reactor ef f minf ahed to 2 minutes, tention at Morris and other faciuties site and see if they can be expanded.
Mr. HART. Mr. President. I was under that they would become reprocessing That is what we are trying to find out. the impression that we were debating on centers.
So the givens are: We need AFR.There the hour and a half on the pending Certainly, no one living in Morris, West 0
is no argument with me on that.We need amendment. There was. in fact, a time Valley, or BarnweH was warned when speed. We need it now. There is no argu-set aside in the agreement for a Hart-these facilities were built that they might +
ment from me on that. We need new Simpson amendment and it would be have to live next to thousands of tons of capacity. There is no argument on that. from that time that the Senator from radioactive waste and spent fuel for the We need fuel core reserves. There is no Colorado would yield to the Senator from rest of their lives. Yet au these events argument there. We need to expedite IHinois, may corne to pass in the very near future The PRESIDING OFFICER. All of the if we pass S. 2189, title III today, un-the process.
What we are reauy talking about is time the Senator has on the amendment amended.
martmfring onsite storage or going to has erpired. He bas 2 minutea remaining It is wen known that the purchase on the bill.
and/or-construation of an AFR facility an AFR with no concurrence of the DOE Mr. HART. Mr. President, did the for use in the very near future is one of orNRC.
"nanimous-consent agreement not in-the Department of Energy's highest pri-I think the real key-and when you get through the reasons, you get to the clude a portion of time for a Hart-crities at this time. DOE states, in its real reasons in this game
- finally-the Simpson amendment?
March 1980 study on spent nuclear fuel real key is that, if we think we have The PRESIDING OFFICER. The storage. that about 'iS5 metric tons of ATR storage capacity will be needed by problems with intervention on onsite original agreement provided for one 1985 if America's nuclear reactors are to extension-and we have already seen Hart-Simpson amendment !or 3 hours3.472222e-5 days <br />8.333333e-4 hours <br />4.960317e-6 weeks <br />1.1415e-6 months <br />. continue their daily operations as usual.
that: we have seen intervention come on Yesterday's modification changed that onsite expansion-if we.think we have to eight Hart amendments at 1% hours In light of this perceived short-term seen anything in that area, wait until each.
need for AFR's, and tbe relative econom-
- ---e-
-rm-%
---,we.m.,.
S10254 CONGRESSIONAL RECORD -SENATE
~ July.30,1980 le disadvantag) of building o new APR these " temporary" pools win become d3 inthis Chamber whose constituents stand facinty froni scratch, the DOE study fo-facto permanet repositories in short to be directly and unduly afected if title cuses extensively on the practicality of order. This is an unwarranted scenario III of S. 2189 is accepted today, un.
purchtsing any or all of the existing pri-that I must do everything in my power amended, and if the Department of vate storage pools I have cited--the Mor-to prevent. An amendment passed Mon-Energy proceeds with haste to enter into i
day 33 to 0 that will help trernendously contracts to buy the private f aciuties for ris cperation, owned by General Electric, in our work toward permanent disposal spent fuel storage at Morris. West Valley, the Barnwen nuclear fuel plant owned by Allied General Nu: lear Service, and with puhuc trust. That amendment and Barnwen. I am one of these Sena-4 the Western New York Nuclear Service should remove one of the great barriers tors, and I obviously have every concern 4
Center owned by Nuclear Fuel Gervices. that has been hanring over the heads of that the citizens of Blinois do not become Consequently, the 1980 DOE author-the nuclear industry for some 38 years. Victims of a misguidexi and negligent izatiin bill contalnad $300 mHbon for
~ We do not wani to repeal that initia-policy to store nucles r waste within our AFR purchase, pending the passage of tive. We want to preserve public trust and borders, perhaps unnecessarily, for deo-icany sanctions the construction or pur-question of where we can most. safely There should be no mistake about it.
I 1:gislation such as S. 2189 which specif-find a permanent answer soon to the ades to come.
l I
chase of such a facihty. It should be dispose of this spent fuel I have great however: Every one of #he 100 Senators noted, and it is no coincidence, that the fears that an open-ended purchase of in this body has an obhgation to look at estimated total cost ior the purchase snd AFR's will undermine both pubuc trust the Energy Committee bH1's title on APR cxpansion of the Morris and Barnwell and our initiatives toward a permanent headon, and eramtna whether it reauy facilities together is $330 million. This disposal solution.
oflers a responsible policy on nuclear-m:ney would enable DOE to increase the What are the specine problems with waste management. I claim that it is the size cf Barnwen from its present 400- the legislation before us?
height of irresponsibility to pass legisla-metric-ton capacity to a capacity of First, the Energy Committee, in its tion leading to the use of tens, if not 1.750 metric cons. Morris, which DOE Nuclear Waste Policy Act, has presented hundreds of Inillions of douars to pur-wants to perchase for as little as $48 us with a bHI which presumes that utill-chase an away-frotn-reactor storage fa-mEnon, could be expanded for $72 mil-ties will maximize their onsite spent fuel cility without knowing exactly how big lion from 700-metric-ton capacity to storage capacity before bemMM to use an AFR is needed. That is what the 1,100-metric-ton capacity. The General AFR's. The bill, however, oEers abso-Energy. Committee is askmg ts to do in Electric Co, present owners of Morris-lutely no criteria to determine whether a S. 2189 today.
who operate it in an efective and eS-utinty has, in fact, exhausted all its on-I claim that it is very wrong to pass cient manner, and I have seen it many site expansion opportunities before turn-legislation permitting DOE to use an times-has stated its interest in seeing ing to AFR's. In fact, S. 2189 would re-AFR indennitely, without at least having the f acinty bought as quickly as possible, quire the Federal Government to take to show Congress that it needs that and claims that its total storage capacity title to aH spent fuel emplaced into an ATR in the first place. That is what the can be enlarged to a totaJ of 2,800 metric away-frozn-reactor facihty, thus reliev-Energy Co*ttee is asking us to do in tons--or over one-third of the total ing a utility of an Hability in case of an S. 2189 today, as weII.
amount of spent fuel currently being accident, while it anowed the utility to The Environment Co:nmittee has of.
stored in the entire Nation, retain any reprocessing rights to this fered us a responsible, conservative ap-Mr. President, a debate has raged for fuel, proach to the purchase of additional years over whether Ams reaHy are Clearly, Mr. President, such a poucy storage pools for spent fuel, when needed to keep America's nuclear indus-not only makes an AFR a highly attrac-needed. The Energy Committee, by con-try alive, notM.stm"ng the waT.ings tive option for utilities, but it invites a trast, has oScred us a bill giving DOE a of DOE. I make no claim that such facil-utility to avoid onsite expansion at au carte blanche to use AFR's as it wants, Atles will never be needed, or have not costs. It is a policy which takes the true and when it wants--the local residents been needed to date, c.nd were they based and real costs of nuclear power use out be damned.'
on some measure of proof. I could sup-of the hands of a utility and its rate-The residents of Morris, Barnwell, and pcrt DOE's requests to authcrize the payers, rnd places them into the laps West Vaney need a showing that Con-purchase of an AFR at this time.
of the American taxpayer, and into the gress is aerious about estabMmr a re-But I have seen no real proef of this daily lives of citizens near the AFR's, spensible APR policy is essential. The sort. Indeed, to the contrary. I hare seen who seldom if ever have enjoyed the nuclear industry needs to gain public substantial evidence that the rush to b' y benetts of the nuclear spent fuel they trust now just as much, and it can most u
an AFR before it is too late" is not are now being asked to accept.
surely do this through the passage of only a premature decisica, but it is a The Environment and Public Werks legislation like the Hart-Simpson potentiaHy dangerous one as weH.
Committee has ofered us an PJternative, amendment which stresses responsive-The Senate should take note of the one which.ofers, by contrast. many im-ness to public concern on this crucialis-fact that the Ofice of Technology As-portant safeguards that willlimit the size sue. Without such trust, our goal of a sessment has declared that the technol-and use by DOE and AFR facilities. The credible and accepted nuclear power ogy exists now which would enabin util-committee's provisions regarding AFR's strategy is made that much harder to ities to double their avs.ilable onsite spent are far from antinuclear. They merely attain, fuel storage capacity. This technology, operate under the highly responsible pre-I urge support of tlie Hart-Simpson called pin compaction, is scheduled for mise that if DOE wants an AFR, it amendment ss the best altemative avail-a demonstration and initial licensing by should be wining to prove it needs one.
able to us and thus must vote against the Nuclear Regulatory Commission in Under the Environment Committee tabling.
If 81. The OTA also points to tremendous proposal, the President would be required Mr. RANDOLPH. Mr. President, the strides in the development of dry stor-to submit to Congress a speciac proposal ament' ment before the Senate addresses f.ge canisters, much cheaper than the for purchase of an AFR.'once the site, one of the most critical issues associated c
" swimming pool" technology now em-size, and need for the f acility were estab-Mth the disposal of nuclear wastes, ployed. This process, too, may be licensa-lished. The proposal would incluGe an It is an issue that is dealt with in both
. ble in the next year or two.
analysis of any alternatives to the AFE rst the bi]Is which have been reported to Is there any doubt, Mr. President, what that had been considered, and the iden-the Senate. These are S. 2189, the meas-
,he speed at which new storage tech-tiScation of the spec 1Sc powerplacts in ure now pending, and S. 2980, reported tnologies are developing will mean for r'eed of AFR space, to be approved by the last week by the Committee on Environ-potentikt AFR's like Morris, West Vaney, Nuclear Regulatory Commiufon. Fure ment and Public Works.
or BarnweH7 No, once purchased by thermore. the endronment proposal The amendment which we now discuss DOE, these facilitiet are going to te would require future utilities requesting is patterned largely af ter the languagein used for a very, very long time. I. for one, construction permits for nuclear reactors S. 2380. We consider it to be comple-have little doubt that the purchase and to provide adequate onsite storage ca-mentary to the provisions of the Energy us3 of an AFR is going to take so much pacity for the life of the plant, or until a Committee proposal to establish away-of the pressure of of DOE to develop a permanent repository had opened.
from reactor faculties for the temporary permanent waste disposal strategy, that Mr. President, there are six Senators storage of used nuclear fuel.
s o
9
CONGRMIONAL RECORD 2 SENATE S 10255 Jtdy 30, L980 -
The Envimnmst an'd Public Works
'Ihini, the amanttmant requires the
~
Mr. President, members of the Com-ori-Envirecment and.Public Committee has been reviewing and President to submit to the Congress c
- mittee c
Works present this amandment today analyzing the regulation and control of dets.ned pro}ect proposal for the Secre-because of a fundamental diference in nuclear waste for 3 Jears. Our Subcom-tary of Energy to construct or acquire a-philosophy between the provisions of the mittee on Nuclear Regulation, under iacDity for away-from-reactor storage of the very Able leadership of Senators spent fuel.If the Congress did not dis-two blus, GAa7 EAa7 and Jd.Of SmrsoN. held a approve the proposal, the Secretary This amendment wouldin no way pro-hibit or impair the timely establishment series of incisive hearings and has de-could proceed.
of an away-from-reactor facDity. 'Ibe.veloped an erhamtJvehearing record on Central to this project proposal is the '
diference in the two bills is r* Mad in these issues. No issue has proved Inore Secretary's just.ification for the Iacility's o
our amendment which would. in ecect. AtmeMt than Federal away-from-reactor storage enparf tv through his Admtifica-i requin a vmada test for the use of this storage of 4 pent reactor fuel.
Lion, with the concurrence of the NRC.
l For this reason. I am conadent that of specine emelear powerplanta for temporary storage facility.
em This amendment provides that away the product of our Intensive enminn-which thera ls no rea ann ahle ezw' capacity that adequate nnet* storage fmm-reactor facilities could not be used tbn of nuclear waste matters. S. 2980, by utility compelm if they have or can provides an emironmentaDy And fis-can be provided in a timely manner in I
e readily provide storage capacity at their cally sound approach to the d1Scult light of an experittM procedure.
powerplants--the place where these nu-lasue of Tederal Away-from reactor
'Ihls is the same need hanaa tandard s
clear wastes are produmd.
stomge The amanAmant now c ered by the Comm* Itself would apply in Mr. President, it is important that we Senator HAar and I. together with our detM*? the availahtlity of the ex-do not build or buy these facihties-at Ntinruished.en11en cues. Senators SzAr-pedited procedure. Should the t%mmis-Government expense-and allow the. roan and Srursox. embodies the essen-sion be unable to deteru.ine in either utilities to get rid of their used, but still tial elements of this careful approach.
context that no such reasonable expec.
dangerous, fuelif they are not needed.
No one disputes the need Ior utilities tation exists, this would in no way mod-4
?
I believe that all of us agree that we ' themselves to expand so far as is pos-Ify the Co*stinn's independent re-l must move in a responsible, yet expedi-sible, storage capacity for spent fuel at sponsibnity to review a license apphca-tious, manner, to provide 1or the per-the reactor site. The President, his Inter-tion 60 provide additional onsite stor-manent disposal of highly toxic, used agency Iteview Group, the Committee age capacity.
nuclear fuel. The amendment before the on Energy and Natura3 Resources, as If the Congress does not disapprove Senate provides part of the incentive to well as our committee, aH agree on this the project, those nuclear powerplants reach that goal. So long as there is ready important principle. A program of Fed-ident1 Sed in the proposal would auto-access to temporary sto age. there may eral away-frorn-reactor storage, there-matically be eligible for storage in the not be the urgency to solve the problems fore, shou'd be limited to acenmmodate faculty. For additional nuclear power-those storage requirements the utilities plants to be eligible, they would have to i
of permanent disposal.
There are other advantages of restrict-themselves are unable to provide for.
be identiSed by the Secretary, with the All concerned also agree that such a concurrence of the Nuclear Regulatory ing access to the temporary storage.
Federal program must be based on the Commission, under the identical need-i Requi.ing maximum storage at reac.
tor sites-again, where the wastes aru principle of full cost recovery of pro-based standud.
genersted-win reduce the number of gram costs. The actual beneaclaries of Signiacant safeguards are provided to times these dangerous insterials must be this storage Inust bear the real costs of assure that the Com* tion's role in this process does not resuh in delay or dis-l moved. When permanent disposal facul-this storage, ties are ready, they can be mored once The amendment we ofer is intended ruption. The Comi" ion must concur ar.d only once, from the reactor to the to provide an efective mechmim to or not concur within 45 days or the re.
permanent disposallocation.
implement these principles.
~
e quirement of C^mmkdon concterenes is n rst, the amendment provides for walved. Further, no determination by This would obviously reduce the oppor.
tunities for accidents during more:nent expedited review by the Nuclear Regu-the Secretary, or Commhenn concur-and the resulting potential dangers to latory Coesion of license appuca-rence or nonconcurrence on the eligibil-tions to construct new onsite spent ity of additional nuclear powerplants people and property, fuel storage facEities. If the apphcant would be subject to judicial review.
In addition, the provisions of the is unable to provide in a timely manner Overall. the amendment of ers the sub-i Energy Committee--the provisions we for adequate onsite storage capacity stantial fiscal advantage of controutng j
seek to amend-would require larger under conventional regulatory proce-the size of an interi= Federal prog am to Federal expenditures that would be dures, s,nd there is a reasonable expec-the extent possible consistent with the necessary if large storage capacity is not tation that applicable requirements will need to guarantee that adequa4 storage needed*
be met and that the f acility will present capacity is available either onsite or 05-FinaDr. Mr. President. I wEl make one
. site. This is especially true in light o' last point before Tielding to others to.i:o signineant risk to the health and safety of the public, the Commission is general recognition that permanent dis co=plete the discussion of our amend-directed to authorize construction of a posal would likely require a major com-
- ment, new onsite storage pool in advance of mitment of Federal resources. Further.
Limiting the access to the away-from-the opportunity for a pubhc hearing the amendment ofers the important en-reactor facilities would keep nuclear required by law.
viro:unental advantage of minimi%
wastes stored where they are generated.
I emphasize that the applicant pro-the shipment of spent fuel, with its at' as I have said.
ceeds Mth this construction at his own tendant potential risk to public health If all used nuclear fuels are te=po-risk pending Anal disposition of the and safety, since eith'r permanent dis-rarily sto ed in Federal away-fro:n-reac-heense appucation. Operation of the posal of spent fuel or rep ocessing will ul-tor inM11ttes. we could conceivably see a new fvfhty cannot begin until a license timately require a considerable number limited number of States as the reposi-is issued. FinaDy, we fuHy expect that of such shipments. Enally, the amend-tories for an of our country's nuclear the Nuclear Regulatory Commission wul ment is intended to provide assurance O
wastes. They would, of course.have to be assure in this expedited procedure the that commercial nuclear powerpla its wiU moved again when the permment dis-same degree of protection the public is not be forced to suspend operation for posal facility is completed.
acorded by conventtonal procedures.
lack of spent fuel storage capacity.
In the interest of fairness. I do not Second, the amendment mandates that Air. President. as I understand the believe we should expect the people of the Commkdon require as a condition of arguments in opposition to the pending -
New York. or Ininois, or South Carolina each new license for a nuclear power-amendment they are twofold: First to bear this burden of temporary storage piant, that adequate onsite spent fuel that its hidden intention is to delay or with all of its implications storage capacity be provided for the fa. prevent a Federal away-from-reactor Mr. President. I repeat tha.t our crity's useful life or until the Commis-storage program. Second, that the con-sion determines a repository for the per-cept of mMm*g the need for away-acnendment wiu not impair the program from-nactor through encouraging and envisioned by the Dierry Committee bin. 'manent disposal of spent fuel or high assisting the expansion of onsite capac-Our proposal wiu. instead, make it a level radioactive waste will be in opera-ity is unsound.
tion.
more equitable and responsible program, J
>a,
- n l
Jtdy 30, dsQ,
(h '
S10256 CONGRESSIONAL RECORD--SENATE With respect to" this first argument' reactor storag3 facility. This is subject une cf high-level waste from reprocess-j ing is only about one-seventh that of the Mr. President,I speak for an of my col-to serious question.
i
. leagues on this amendment when I say First, it is generally assumed that to spent fuel, which leads to signiScant oost cates:rically that it is not intended to meet near-term needs, the Secretary beneSts in waste disposal. Finsuy, re-delay or prevent a Feders! AFR pro-would have to acquire existing storage processing opens up the door for future i
gram, but rather to assure that this pro-faciuties since these facilities are part improvementa in waste management gram is both environmentally and fis
- of larger complexes and the present where spent fuel
- disposal has Umited owners are unlikely to seu only the stor. possibilities for change.
cally sound.
Possible future developments could To require that the Congress review age portion, the price tag may in, fact I
for a period of 40 days the proposed be quite high.
improve both environmental protection l
Fedsral away-from-reactor storage fa-Second, the first license application is and electric energy costs. It could also cDity cannot be characterised as ob-now pending with the NRC for a highly permit us to obtain beneneina use of structionist. 'Ib require further that this cost-efective technique, rod compaction, some of the rare, nonradioactive Baston proposal be justiSed on the beats of which can expand the capacity of exist-products.
sWady ident1 fled needs is the es. ing at-reactor spent fuel storage facili.
Furthermore. Mr. President, we simply cannot afford to waste the energy stored i
sence of fiscal responsibility.
ties by two times or more,
. Th3 amendment requires concurrence
'Itird, the TVA has recently completed in spent fuel rods. By utuising a faciUty by the Nuclear Barulatory Camminaian a study that concluded that cost is not such as Barnwen to reprocess spent fuel, t
. in the identiScation of specific nuclear a sign 1 Scant factor in deciding between we can recover the energy equivalent of powerplants for which adequate on-site the construction of one centralized TVA 1 miulon barrels of o!! per day. There-
^
capacity cannot be provided in a timely away-from-reactor storage facuity and fore, as a potential energy source, Barn-i mtuner. If the Camminalan does not the construction of new storage pools well would be equivalent to two-thirds.
of the Alaskan pipeline Reprocessing tak3 action within 45 days this require-atexistingreactorsites.Thisstudywhich will also reduce our requirements for i
m:nt is waived. Mr. President. I submit concluded that this latter approach is 4
that this is not a procedure established best for TVA. has been ordered imple-uranium mimnr. mining and enrich-by an amendment intended to delay.-
mented with respect to the first two TVA ment In light of such beneSts, it is im-Dustin to keep the upmcessing option If the Congress does not disapprove reactors.
th3 proposed project, each nuclear Mr. President. I ask manimous con-open at Barnwen.
If the Hart-Simpson amendment were powerplant identtSed is automaticauy sent that the able Senator from Iowa enacted into law, reprocessing at Barn-cligible for away-from-reactor storage (Mr. Cm.vsm) be listed as a cosponsor well,if Barnwen wen being used as an of the amendment.
et the Federal faciuty. There would Mr. MOYNIHAN. Mr. President, wiu AFR facuity, could only 30 forward if hnv3 to be the same concurrence for cdditional reactors to become eugible the Senator yieldy expressly authorized by law. Mr. Presi-dent, this would require an act of Con-subsequently.
Mr. RANDOLPH. I yield.
Hire too, the procedure is designed to Mr. MOYNIHAN. W1U the Senator gress to authorise reps,.-.Ing. Obtain-ing passage of such a law may be an ex-expedite matters. The Nuclear Regula-have the kindness to ask that I be made tremely dif5 cult task, given the ability
' tory Commission again has only 45 days a cosponsor also.
of certain Senators opposing the nuclear to tct or the requirement of concur-Mr. RANDOLPH. Yes, and I ask unan-energy option to tie up the legislative rence is waived. Further, no determina-imous consent for the energetic Senator process. In light of my strong and con-tion by the Secretar7. or concurrence from New York to be added to that co-sistent support for commercial reprtec-or nonconcurrence by the Comminaion sponsorship of that legislation.
would be subject to judicial review, The PRESIDING OFFICER. Without essing. I cannot support this amend-
- met, The procedure established by the objection. It is so ordered.
Mr. President, as I pointed out yester-amendment for expedited construction Mr.THURMOND.Mr. President,I rise day in my floor statement on AFR cf new at reactor storage capacity is in opposition to the Han-Simpson-stware. I strongly suppon the principle cnother example of the intent to ex-Randolph-Stafford amendment. Among of maximising onsite storage which Sen-pedite, rather than delay or hinder. other concerns, there is one provisjon of stors MART, Sutrsow, RANDo!.rE, and a
Briefly, this procedure allows for con-this amendment which disturbs me a STArroan are attempting to implement. I struction on new onsite storage pocIs in great deal. This particular provision do, however, disagree with their method advance of the opportunity for a public states thatt of implementation, fearing that the ap-htaring that is required by law.
In no event shau an acquired facuity be proach in their amendment will unduly Central to this amendment is the mo-used for any purpose other than away trom, delay the availability of needed AFR 8 *f ' peat fuel unless such use tion that onsite storage should be max- ****' '**'*au'thorized by law; storage until we face the possibility of I* P'II imized. On this the distinguished floor mades hatng to be shut down. As me managers are quite correct. And further, As I remit this language. Mr. President, Sena kmn W na & JonwstoW Federal away-from-reactor storage this would preclude any reprocessing of has already discussed, there are a num-should be available only where addi-spent fuel at a facility which is also ber of reactorsin need of AFR storage in being used for AFR storage. If the De-tional onsite capacity cannot be pro-partment of Energy recommends acqui. the early 1980's. Among them are two re-vided in time to meet the reactors acte shs in me State of South Camuna.
requirements.
sition of the Barnwell Nuclear Fuel Plant The Oconee plant, owned by the Duke While the fiscal advantages to this in South Carolina for use as a regional Pown Co wul lose fuH con nsern in d
approach are obvious. it also affords a site for away-from reactor storage of 1582. The Robinson plant, owned by the considerable edvantage in protection of spent nuclear fuel, I feel strongly that Carolina Power se Light Co., will run the health and safety of the public. the option must be kept open td use into the same dif5culty in 1983. Mr.
Shipments for the interim purpose of Barnwen to reprocess this stored spent President I cannot support an amend-I away-from-reactor storage would be fuel at some future date. The debate so ment which I fear may result in the shut-q minimized. This must be seen against far on 8. 2189 is clear on the subject ting M of two snajw sources of electrical j
tha certainty that a truly large number of leaving our options open with regard pown in my Stak j
cf shipments will eventually be neces-to reprocessing.
'Ibe PRESIDING OFFICER. The Sen.
sa.ry for permanent disposal or process.
The benefits of repr*w as I have stor from Louisiana has 2 minutes.
ing if it should be resumed. By minimis-stated in a number of occasions, are ing the total number of shipments of significant. Although spent fuel can be Mr.
JOHNETON.
Mr.
President, spent - fuel around the country, this safely disposed of as waste, doing so brief!y, the President of the United i
amendment undoubtedly minimi'es the would be throwing away a valuable re-States has requested this legislation in I
chance of secMents in transit with their source. Reprocessing results in a more S. 797. The Department of Energy has j
potentialrisk to health and safety, chemically stable form for the waste found in a study that an AFR is neces-j Finally, the amendment would not im-than existed in the fuel. Also, because sary by 1983, that we must begin it this l
pose economic hardship. There has been of the removal of much of the plutonium year in this bill in order to get it j
much talk of so-caued economies of reale by reprocessing, the remaining waste has completed.
3 t.dvantage of a Federal away from-a lower long-term hszard level. The vol.
The Nuclear Regulatory Commission
-1 4
4 y
N
~,
,a a
00NGRESS10NAL RECORD-SENATE ~
.l.,
'S 10257.
~
p y.so,2s80' 3 sam ma **- mmas Mr. MAGNU50N. I mar have en in'esstemaer $n Puheunty of this year spasm M
- 3 T,, f',***
e==nd==nt.
hee atmnarty testt8ed we need to start [1"L,.
g Mr. JOHN 8' ION. Very well, I yield.
musserer assessneeman Tower tt now. We wm needit enline in 1933..
assuse warena -
2nomens Mr. MAGNUSON. I mas quite con.
. On that, en the omdible methorities 7,*,",",,",;
M oerned about the amolear waste com-ing up to the Stanfard Nuclear Reserva.
agree.
Laanas eehautt.
weieser What this annendment does.Mr. PN>
Lusar senwenaer Youns -
tion in Washington, and many people in ident. $s delay decision on the APR re-gutre another =r 2 " Teview.
ma-e==aa=
enemman serinner Washington State am ecocerned about NAT8 44 it.
amenhuah procedural ahataa1==. sad re
- J '
We are wDung to handle our own 4
enhar Eastseon Packwost -
maclear waste where we here nuclear ~ -
quire new powerplants to become waste namous osana peu 3
powerplants. But we do not want it com=
w-n attes. -
Mr.Pneldent,if youwenttoseesame-, maya Premier ing from other parts of the country.
l midea semenetta,
seins Prosaure thing that ts going to send the local folks amue.
ants Pr Mr. BURDICK. Mr. President may we S
mwpan= tan in those 90 new powerplants
,,",",P,,","
p,P,8,',*
- @yor sp the waB. It is this. to require atenfold haveerder?
The PRESDXNG OFFICER. The j
now under conmEM Tequire a ten-3,,e.
tanar magie fold awpanetan in thoes sites, which this Mar eP Jr. term moth Senate w1H beintrder.
+
Ch*8 aerman" Mr. MAGNUSON. In other words, we l
amendment would require.
,,,,, ' *,,
- _g, staa Q '
win have enough problems wt.h nuclear t
Many of those plants are weR tmder e,,,,,,,.'
unemas wastes of our ourn, taking care of the i
culver morainen sterensen
' construction. The costs have escalated Neson wnunma Banford reservation nuclear plants, and
. already. If youhad to go back into each,Durman theTrojanplantin Oregon.
myr voTseo a one of those proceedings and prodde for If the State etoects to the transporta-a 10-time expansion of waste isolation csurch taae r.2maase tion of nuclear wastes into the State.
zenmaar asewart Other than our own vaste, what is the i
storage capacity. the cost would be
. astronamle. the delay would be 1mten-3,.the motion to 3ay en the table Mr. procedum intheMBT 1
Haars amen mant (UP No. 2474) was Mr. JOHNSTON. Mr. Preakdent. this able, and I could tell you the public re-o action would be incendiary, Mr. agreed to.
bel. for the trut time, solves the prob.
^
President.
Mr.JOHNSTON Mr. President.Imove lem of State consultation sad concur-Mr. President, this is a id11er amend. to reconsider the vote by which the mo* rence in a very constructive way. We ment. This win stop nuclear plants in tion to table was screedto-have un amendment that antisSed those their tracks.
Mr. McCLURE.Imove to lay that mo* on an sides of the spectrum-Senator That is what the NRC says.Mr. Presi. tion on the table.
Donstmet, who f or so long has been fight-dent; that is what the Department of The motion to lay on the table was ing for some kind of State veto. Senator l
Energy says. that we need it by 1983.
agreed to.
Ot.rmr. and others.
We believe we ought to maximize on Mr. OLENN. I would like to ask my We provide for an elaborate State con-site reracking. Our bill so provides. It so distinguished consegue from the State sultation and concurrence provision proddes. Mr. President.
of Iouisiana whether I correctly under* which gives to the State the right to l
. But for anyone who has any doubt stand the efect of section303(b) of the reto. Upon a State veto, after they go 2 bout whether this legisistion in our bill bill concerning the use of a Federal AFE through this long, detaned process, if a is needed. I simply invite their attention for foreign spent fuel. The acceptance State veto occurs.the process comes to a to the Nuclear Regulatory Commission. of foreign spent fuel could be a very im-halt and can be overridden only by Cons The PRESIDING OFFICER. AH time portant part of our nonprollieration po1* gress, as provided in the amendment.
I on the amendment has expired.
icy in some cases.For example, we would Mr. MAGNCSON.imt us get this clear.
I Mr. JOHNSON. Mr. President. I move be in a far better position in deshng with If they go through this kng process and to table the amendment and I ask for India today if the spent fuel at the Tar
- the State stin vetoes the importation of !
the yens and nars.
apur reactors was under U.S. control. nuclear wastes into the State, does that The PRESIDING OFFICER Is there rather than India's.
Teto stand unless Congress overturns it?
a sufhient second? There is a sufficient It is my understanding that existing Mr. JOHNSTON.In the case of civilian second.
law requhes a speciSc authorization for nuclear waste the President then could - I The yets and nsys were ordered, U.S. acceptance of Ioreign spent fuel and submit to Congress a proposal which l The PRESIDING OFFICER.The ques. that in addition, a separate plan would either House of Congress could override tion is on agreeing to the motion to lay have to be presented to the Congress for by a veto. In the case of InDitary waste, on the table the amendment of the Sen. review, subject to a congressional veto, the President would have to go two steps l ator from Colorado. The yens and nays
' Am I correct that section 30$(b) further, have been ordered and the clerk wiu can merely states that this bin does not ful- - Pirst, he would have to make a dec-the rou.
All either of these statutory requirements laration that this is. in efect. a matter The assistant legislative clerk called and am I also correct that the bin takes of national security. Then it would re-the rou.
no position on the appropriateness of quire a two-third veto in order to veto Mr. CRANSTON. I announce that the foreign spent fuel return in any way?
the measure. So that there is that possi-Senator from Idaho (Mr. Cutraca) the Mr. JOHNSTON. The Senator's quite buity for State veto.
Senator from Massachusetts (Mr. Ern. correct in his interpretation of this pro
- In addition, we have a provision where.
wrov), the Senator from IAnisiana (Mr. Vision. Basicany, we are not taking any by States on a regional baats can get to-9 Loxc), the Senator from Alabama (Mr. position on the appropriateness of for-gether and make an agreement or a SitwAnt), and the Senator from oeorgia eign spent fuel 29 turn in any case. We enmnart; and that agreement or Com-(Mr.TALMADcE) are necessarily absent, are simply making clear that this biH.' pact. upon apprmal by Congress, is '
I further announee that. ii present and does not alter the status quo on this binding.
Those amma** could restrict the im.
voting the Senator from Idaho (Mr. issue. The existing statutory require
- Cut men) would vote "yes."
ments would stin have to be fulf.11ed portation from one region to the manate will.fLnd. if he l The PRESIDING OFFICER. Are there when and if a specific proposal came So I think the any other Senators in the Chamber who along for foreign spent fuel return. In looks carefuHy at the amendments, that
'wish to vote?
essence the question is being left open we have provided maximum' protection The result was announced-yeas 51, for future consideration.
for the individual States. Indeed, the
. nays 44.as fo11ows:
Mr. Ptenident. I say for the beneSt amendment en that subject was adopted,1 of my couengues that I beheve we are by a vdte of 33 to 0. which I think is an !
approaching third reading Dow, unless indication of how far we have gone in '
TEAS-61 any Annahr has an amendment.
' ggggggygng the ggstag, Mr.MAGNUBON.Intme try to clarify Annstrong Cochten Fore
$"j
$1 Oder
. Mr. MAGNUSON Wul the Senator this further.
naren note maten yield?
When the process has been completed Qf C $*,,'Mg,,
"nNAwa Mr. JOHNSTON. Could we get third and the State stin is not satisSed-they.
reading?
cnues saon menta a
July ho,1sso S 10258
CONGRESSIONAL RECORIi-SENATE
?
I say "W3 don't want nuclear weste". Itisanelaborateproceduiebywhichthe lands without concurrence by th2 State ~
does that voto stand'untu Congress acts? States hav) maximum protection.
I share with the Senator from Washing-Mr. JOHN 8' ION. That veto wiu stand I invite the Senator to read it, and I ton the absolute conviction that the unless the administration puts forward, beneve he wiu find that it does have that Federal Government has responsibilities to Congress a plan and that plan is not kind of protection.
. as a landholder that are not in every re-vetoed by one House, Mr. McCLURE. Mr. President, win the spect diaatmna, from those of any other Mr. MAONUSON. Then, suppose the 8Ianaw yield?
landholder; therefore, the Federal Gov-1 i
Ctates of Washington Oregon, and Ida-
- Mr.JOHNSTON.Iyield.
ernment in an activity of tLis kind must i
i ho got together and said. "We're going Mr. McCLURE.There is another facet be just as subject to the rules as is any to handle our own was'as." such as at to the question aaked by the Senator other landholder.
Haniord. That plan would have to be ap-from Washington, and that is the re-Mr. MAGNUSON. I am glad to hear i
proved by whom?
. gional plan that might or might not be that because, then, if the State did not -
Mr. JOHN 8'XVN. By Congress, as a sought. such as a region in the Pacific want the nuclear waste coming to the 1
fatate compact.
Northwest.
Federal reservation, then they would Mr. MAONUSON. As a State compact.. There has b.een some discussion of the pass a law prohibiting transportauon to 1
Mr. JOHNSTON. The Constitution opportunity for a majority of the States the Federal reservation. I would think.
puts that requirement. But we encourage to form an agreement which could be But this presents a unique situation 4
th2 d 1rrs of State compacts.
imposed upon an unwining State within where the nuclear waste dump we have Mr. MAONUSON. So that if the elab-the same area.That is not the case under. there is on a Feders! reservation.
crite process of the bin is gone through this bill. That proposal was not written Mr. JOHNSTON. That would not'af-and we have a regional problem--say, into the bi1L-fact the authority of the bin because the State of Washington says. "We don't 80 that if there were a proposal for a whue it is a Federal reservation it is not
.i want importation of nuclear wastes; we regional plan and the State of Washing-a licensed repository as defined under i
htve gone through au the hearings and ton decided not to join in that regional this act. So if Hanford were selected as i
processing and the conference and plan, their failure to join in it would re-the site it wculd still go through the j
cvervthing else." does that veto stand? sult in a compact submitted to Congress, whole process as weu as the NRC 11
!., Unt11when?.
for approval, which could not be bind-censing process.
Mr.JOHNSTON.The veto of the indi-ing upon the State that did not join in Mr. MAGNUSON. It would to through vidual States stands until the President the compact.
the process just the same as if it were a submits to Congress a proposition for the Mr. MAGNUSON. 'Ihe point I am private land or State land or anything plan f*r that waste management f aciutv. makiw.I say to the Senator from Idaho, else.
and cne House of Congress either House is that, in the Pacific Northwest. I be-Mr. JOHNSTON. The Senator is cor.
cf Cong?ess may veto that, in which lieve that we necessarily wiu have to have rect.
1
- event svent it stops. That is in the case a regional plan of some kmd. because we Mr. MAGNUSON. Even though it is a of civilian waste In the case of military will have to take care of our nuclear Federal reservation.
waste, the President must make a finding. wastes at Han!ord. which is a big job.
Mr. JOHNSTON. Yes.
that it is a matter of national security. But then there is the Trojan plant in Mr.MAGNUSON.I thank the Senator.
t and that is a two-House veto.
Oregon, and then there is some nuclear Mr. RANDOLPH. Mr. President, wiu Mr. MAGNUSON. So that they can waste that comes out of Idaho, the manager of the bul yield?
have a regional arrangement, if they Mr. McCLURE. And the public power Mr.JOHNSTON. I yield.
wish, or, for examole, the State of Wash. entities have some nuclear plants in Mr. RANDOLPH. Mr. President. I say inston can say. "We don't want any im-process.
~
to Senator Jonwsvox. the manager of porte. tion of wastes," and that stands Mr. MAGNUSON. We are wining to the bill, and to all of the Senators on a
f Uncil the President submits a new plan? have a faciuty to take care of the nu. the Energy and Natural Resources Com-1 Mr. JOHNS' ION. Submits s plan.
clear waste for the region, but we do mittee that I wiu support this legisla-1 Mr. MAGNUSON. And that has to be not want it shipped from other places. tion on final passage. I believe that the gpproved by Congress?
outside the region. We want some other Energy Committee members did, in es-Mr. JOHNS'IVN. That is subject to a States to bear the burden also. No State sence, an eHective job. If there were dis-veto by either House.
wants nuclear waste. No State wants it, agreernents on matters between the IAt us say the President submitted a no State.
Energy and Natural Resources Commit-platf. Then the Senate could disatprove Mr. McCLURE. I say to the Senator tee with the Committee on Environment that plan, which could stop the plan dead frozn Waetnrton there is a very strong, and Public Works that is understand-in its tracks.
statement in the bin with respect to the able.
Mr. MAGNUSON. Why is it not the re-responsibinty of States to in efect be But I do want the Senator from Lou-verst. so that the veto stands unless Con-responsiblg for those wastes generated 1siana to know that I wu! support this gress takes aSrmative action?
within their own States, legislation on final passage. The health Mr. JOHNSTON. This question of Mr. MAGNUSON. Yes.
and safety and well-being of the men State consultation and concurrence has a Mr. McCLURE. But recognizing that and women of this country. as wen as very long history. Frankly. I did not we do not necessarily want to end up the efective operation of the AFR pro-think we were goine to be able to solve it with 50 separate repositories around the gram were better addressed, as we saw at an. but we came to a solution. The country, we have tried to give the States it, through our approach in the amend.
vote indicated the satisfaction of every-as much role as is possible under this ment that was defeated. I am pleased.
4 one in the Senate, but certainly the ma-process up to the point of an absolute however. with the support we received j:t pisyers, those who have been dealing veto, from the Senate on this amendment.
with that concept for a long time.
Mr. MAGNUSON. Let me ask snother But having failed. Ihope aU in this body
. The one-house veto is more protection question. We have a peculiar situation will stand with Senator Jonxsrow and than anyone thought we would get. I sub-in Hanford that is unique, because the Senator JACKSON. the able Chairman of mit to the Senator that that is a vast nuclear waste dump is on Federal land. the Energy Committee, and others in amount of protection, particularly when It is a Federal reservation. If it were supporting the bill en final passage.
' read inlight of the proceduresleadine up State land then we could necessarily see Mr. JOHNSTON. I thank the Senator, to the plan, whereby a State, through its why the State would say. "We will take Does the Senator have an amendment?
Oovernor. through the State planning care of our own. But, we do not want Mr. JAVITS. No. I wish to be recog-ecuncil, has access to al!information, au waste to come from other States." But nized~
documents. He has the right to appear what would be the situation where the Mr, JOHNS'IVN. WiU the Senator al-and to present views. They have pro-disposal site is on a Federal reservation?
low us to go to third reading first?
cedures for setting up what they can the Mr. McCLURE. May I say to the Sen-cooperative agreement to settle disputes. stor from Washington that that presents Mr. J AVITS. May I be recognized and which could include arbitration.
a slightly diferent question with respect then I,will allow it?
There is what they call a repository to the authority of the Federal Govern- - The PRESIDING OFFICER. Who review panel, appointed by the Governor. ment to do what it wants on Federal yields time?
.4
July 30,1980 *
.; CONGRESSIONAL RECORD-SENATE
/
S 10259 -
U vwawmous-cowszwv azem. nam Mr.'JOHNSTON. Mr. Presidexit, how bul w3 marimb rereAring. adopt that somv mownow rs much time do I have r-*W7 as an explicit policy under the bill. Kut I
The PRESIDING OFFICER.The Sen-the problem is reracking takes about-2 Mr. PERCY. Mr. President. I ask ctor has 6% minutes r=W years according to the Department of nantmous consent that immediately Mr. JAVITS. Mr. President, I ask Energy and their analysis.
fonowing the vote on final passage of Bu11 ding additional pool space takes up the pending legislation that I be recog-tmanimous consent for 3 minutes.
to 6% years, AU of this without 11tiga-nized for the purpose of moving to dis-The PRESIDING OFFICER. Without tion andwithoutintervention.The coun-charge the Committee on Energy and
' objection, itis so ordered.
Natural Resources from further con.
The Senator trotn New York is recog-try cannot wait that long.
In addition to that, the Department of sideration of Senate Joint Resolution Mr. JAVITS. Mr. President, I wish to Energy says it would take $3.5 biluon or 185. This is a resolution of disapproval nized.
Ask the Senator a question !! I could more to build new onsite faciuties. We of the adminhtration's gasoline ration-believe that is an issue which addresses ing contingency plan that was trans.
have his attention, Itself to sne Nuclear Regulatory Commia-mitted to Congress on June 12.1980. and Mr.JOHNSTON. Allright.
sion charged under the law with safety, I ask imanimnus consent for the pur-Mr. JAVITS. Mr. President, first I ask and, having been so charged under the pose of advising an of our colleagues unanimous consent that I also may be law. they must license this AFR. So safety that there will be an hour's debate made a cosponsor of the Hart-Simpson win be best protected and you wiu not equally divided. I win ask for a roucau
'Ite PRESIDING OFFICER. Without have to shut down Indian Point No. 2.
vote on that motion of discharge.
amendment, The PFrnmING OFFICER.The Sena.
Mr. JOHNSTON. Mr. President re-objection,it is so ordered.
Mr. JAVITS. Mr. President. I sak the tor's time has expired.
serving the right to object, and I am Mr. JAVITS. Mr. President, I ask afraid I must, this will give the notice managers how do they intend to see unanimous consent for 2 ndditional min-the Senator wishes. It is a privileged
.through this interim storage proposition utes to aHow the cuestion tobe answered., motion, and the Senator will bring it which is very meaningful to us in a The PRESIDlNG OFFICER. Without up, and I am advised that the leader.
State like New York where we have a problem already? And I understand that objection. It is so ordered.
ship always objects to enMmnus con-Mr. JAVITS. I do not think my ques-sent when you have the right to do it we are Wim' about 15 years now. Ilike tion has been answered, Senator, for this under the rules.
the Senator's scheme for permanent reason: You do provide in the permanent Mr. PERCY. So long as the main pur-storage. It is fine. We have a one-House I
veto. We have a regularized method of storage only a limited time for the con-pose of my asking for it is to be certain subminion. But it seems to me that in gressional veto when you are dealing our colleagues know we will have that, I the other matter that is in the matter of even with a period of 3 years, and we can win ask for recognition immediately away-from-reactor storage with such a certainly afford 60 days. Why do we not following this vote.
long period of time-intervening we are get it here? Why do we not build in a.
Mr. bhim.a L. Mr. President, the l
giving much too much power absolutely congressional one-House veto, just like nuclear waste legislation now bef to the President. There is no congres-you do for the permanent storage, during Senate addresses one of the most crit the 60-day period ? Then I think we would issues in the development of nuclear sional veto, not even a two-House veto, l
not even if there are the New York con-EU feel a lot more secure.
power, that is, the safe disposal of radio-If we can persuade one of the bodies active waste.
ditions. The President has the complete that it should not go in that particular Throughout the 30 year history of the
(
run of it. I ask is that wise and should place, at least we have a chance. The Nation's development of atomic energy, l
we who felt the other way, because of l
our own eaigencies, support the Sena-way you are doing it, it goes completely the problem of disposing of the resultmg tor's bin under these circumstances? into the hands of the bureaucracy and nuclear waste has received insumcient attention. During that period, however, l
we have not got a prayer, l
Why r.hould not there be a better way for Mr. JOHNSTON. I would say to my the Federal Government itself has gen.
piping Congress into the problem when friend that we just finished a long de-erated over 75 minion gaHons of highly we are dealing Mth 15 years?
l I mean the idea of away-from-reactor bate on that very issue. But let me see radioactive wastes, temporaruy stored in l
for storage sounds hke a few rnenths, but if I can synthesize the issue for you.
tanks on Federal reservations. These If we went through the kind of pro-ta.nks have leaked at least 500,000 gal-it is not, for EU practical purposes. If one cedure leading to the one-House veto, lons of radioactive liquid into the soil.
l were in another area he would caH that we would delay the construction of AFR's In addition, commercial nuclear permanent. But we do not hear that be-beyond the time when the Nuclear Regu-powerplants have generated' approx-cause of the long-range life of these latory Commission, the Department of imately 8,000 metric tons of spent nuclear radioactive materials. But I really think I am sympathetic to what Senators want, Energy, and the President au say we fuel, stored primarily at the site of each just like Senator Ranotra, but I think need it. so that racking space would not nuclear reactor.
There is no doubt that nuclear waste, I
we are entitled to have an explanation be available.
as to how that is going to work in a way We are protected by the Nuclear Regu-if not regulated and controued proper-which will give us some protection also, latory Commission. The President cannot ly, presents significant hazards to the Mr. JOHNSTON. Mr. President, the go out and build AFR's winy niUy. They public health and safety and to the en-question is a very legitimate one. I am must be Ucensed by the Nuclear Regula-vironment.
The Committee on Environment and glad to have the opportunity to answer it. tory Commission.
The Nuclear Regulatory CommMion I might say that the Nuclear Regula-Public Works Committee, of which I am says we need away-from-reactor storage tory Commission under the law is ' a member, has reported S. 2980, to pro-
?
by 1983, that in order to get it we need charged with the duty of protecting the vide fr.
the first time a regulatory to begin now in 1980. In support of that public health and safety. They are not framewoik for a national nuclear waste staternent they have submitted a reactor-even given the requirement of balancing management program. I believe that this b
by-reactor nulysis of what the situation economics. They are told to protect legislation wul restore the public's con-health and safety. That is in the law fidence in our ability to deal with this is.Just to give the Senator one example, and I beneve they wiu do so. That is most pressing problem.
I supported S. 2980 in committee and Indian Point 2 in New York, without fun where the ma.in protection wiu come I stH1 support it. It provides for the i
core reserve, and a fun core reserve is from.
necessary I believe to be safe, they run The PRESIDING OFFICER. The Sen-storage and disposal of nuclest wastes in out of rack space in 1981, by 1984 without stor's 2 minutes have expired.
a safe and timely manner through the the fuH core reserve they run out of space Mr. JAVITS. It is very d1Scult con-Ionowing provisions:
in 1984. So if one looks at the plants sidering the time span. I thank the A statutory schedule for the develop-around the country many of them are in Senator.
ment and operation of the first commer.
that same kind of position rneint out Mr. PERCY. Mr. President, will tht cial waste repository in this country, as of space. We believe they should rerack Senator yield for a unanimous-consent a permanent method for the disposal of nuclear wastes:
which means, of course, putting rods in req ~uest?
A mechanism for extensive participa-the anme swiming pool. But under the Mr. JOHNSTON. Yes.
l
.. q:,
.v,s S10260 CONGRESSIONAL. RECORD-SENATE f.
' July 30,1980;.
s
~..
tion by Etgtes. Indian tribes, and the facuttles would not be limited to several of nuclear waste management and to public in any decision on the siting Cf 6 sites that have certain gaatariaat char-deal with it comprehensively.
~
Mr. President, as I said back in 19ff.
nuclear waste repository; acteristics,like saltdomes basaltforma-.
if we had heard of nuclear waste for the '
A mandate that utilities use their tions. or granite deposita.
cvailable onsite storage capacity before /
Mr. JACK 8ON.The Eenaldr is correct. first time last year it might be excusable turning to a Federal away-from-reactor With the type of facility we are talk. for the Federal Government to be floun-waste facility, to minimism the amount of ing about in section 402 of this bill, it is dering about as.it gets its bearings on transportatic7 of these hasardous very realistic to conceive of a regional this matter. The iact is, unhappily, that system for the disposal of high level even befort we ever-split the atom, we trastes:
A provision for the careful considers-waste, with the only siting criter.a to be knew that something would have to be
.e
' tion cf alternate sites for a nuclear waste related to population density, Sood po-done with the byproducts of nuclear Sa=
repository. to assure that the facility is tential, earthquake faults, and the like, ston to keep them from poisoning the proposed in the most environmentally Thus, just as we envision regional away-environment. Today there are over 75 and technologicauy safe location.
from reactor storage capacity to the ex-million gallons of high-level nuclear The Energy and Natural Resources tant that it is needed, we can achieve waste from atomic weapons production A
Committee has also dealt with the issue high-level waste disposal more closely in temporary storage facilities. And there Cf nuclear waste disposalin a separate associated with the reactors that are will be 40 minion more gaDons of military piece of legislation. That bin, also be-producing the wasta. It is important'that radioactive waste by the year 3000. In.
4 fase us in the Senate now, establishes a no State feel that it has been singled out addition, each of the nuclear power-national nuclear waste storage program as the only site for the storage of spent pl ts in this country produces about 30 within the Department of Energy. The fuel or the disposal of high level waste, tons of spent fuel a year. They have al-bill tf the Environment Committee, on Mr. MAGNUSON. I thank the chat - ready accumulated over 7.000 tons of the ether hsnd estsbushes a regulatory man of the Energy and Natural Re-radioactive wastes and by the year 2000 program within the Nuclear Reguistory sources Committee for that clarification. as much as 100.000 tons will have ac.
C-w mineion to insure that nuclear I beheve that it is very important that no cumulated in that desdly stockpile.
wastes are disposed of in a manner pro-State be forced to bear the burden of Storage space for nuclear wastes is tactive of public health and safety and storing high-level or low-level waste quickly running out. The Calvert Clifts the environment.
from the rest of the Nation.
nuclear powerplant in my State of Mary.
The approach taken by the Environ-The storage facilities described in sec-land has only another 2 years' availabil-ment Committee represents wiser pub-tion 402 w!!! promote the storage of high-ity of storage space in the absence of lic policy on an issue which hss profound level waste on a regional basis, and re-action by the utinty company to rerack.
consequences for health and safety.
duce the chances that Washington or This is an untenable situation for thou-I support the amendments offered by some other State will have to be the site sands of Marylanders who rely on that the Committee on Environment and 'of a national storage facility.
plant to provide the energy needed to Public Works, to provide for a safe and I note that the ecmmittee has accepted heat, cool, and light their homes. And environmentally sound national nuclear ' the amendment by the Senators from the manager of this bill has made it waste program. '
South Carolina C.ir. TunMoro and Mr. abundantly clear today that Maryland Mr. MAGNUSON. Mr. President. I am McLLn:cs) to establish a policy for the is by no means the only State with a vary interested in the legislation that is dispost.1 of low-level nuclear waste.
pcrerplant in this situation.
before the Senate today. The storage of This provision sets forth a policy that, Mr. President, it is clear that the fu-rad'oactive waste is very important to first, each State is responsible for the ture of nuclear energy depends on a com-the State of Washington.
disposal of low-level rad'osctive waste prehensive approach to solving the As you know. Mr. President, Washing-generated by non-Federal related ac-problem of nuclear wastes. As was noted ton is already the site of a very large th'ities within its torders; and second. last summer in an article in the Pro-qutntity of mittary radioactive waste. Iow-level radioactive waste can be most gressive:
In addition. Washington is,cne of three safely and ef!iciently managed on a re.
The nuclear industry and the Federal States that have a low-level radioactive gional basis.
Government bac:7 need vialble evidence of usht at the end d the nuclear waste tunnel.
wasta disposal site.
'Ibe amendment sets up a procedure to we's g thi t
I believe that the residents of my develop interstate compacts and author
- d-ec State are willing to take the responsibil-izes Federal financial and techn' cal as-ing the commercial nuclear power industry 1*y to take care of the nuclear waste that s! stance to the States that are trying to and jeepsrdiz:ng atomic weapons productics has been generated in Washington. We deal with low level radioactive waste.
as wen. In recent months, several states have have received the benefits of the elec-Mr. MATHIAS. Mr. President, every efeettvely prevented further reseter cen-trie!!v generated for our region, and we Ifring American, indeed every human strueuen. Along wnh the shakiness cf nu-elest energy anances. absence M dependable win take care of the waste that have being. has a vital persona 11nterest in the groNng'a$t -nue sent $i cY of$ o $ $ *e come from our regional plants. In fact. development of a successful nuclear there is currently some discussion in my waste management program.
pubisc and its elected oftcials. Thirtpste State about entering into an interstate The powers of the atom urJetsbed by years after atomic r.asion became a reauty
. compact to take radioactive waste from science are too startung, too intoxicating, and more than s.eoo federal studies on waste other States in the Paci$c Northwest. and at the same time too useful as human manneement later, no solutions have However. Mr. President. I am strongly tools for any of us to wish to abandon the emerged.
tee ory we win opposed to the idea of Washington be- {gg n Mr. President. I ana pleased to be a coming a national radioactive waste cosponsor of S. 2189 and would Itke to storage site.
Mr. President, that is how the late commend the members of the Energy
- Therefore. Mr. President. I would like Adlai E. Stevenson saw nuclear energy at Committee for their long and dedicated
- to address a question to my couengue. Its inception. How right he was.
work on this bin. It is an essential piece
?
the chairman of the Energy and Natural Today, the Senate is asked to take a of legislation-the future of generations Resources Committee.
Vital step in the goal of mastering **the to come rests on it. I urge my colleagues
. It is my understanding that the dis-astonishing new technology." We are to join me in support of S. 2189.
posal technology er vis!oned in this leg-finally taking action to establish a Fed-Mr.DOMENICI. Mr. President. Iwould Islation does not depend a great deal on eral policy to deal with the problems of like to commend the distinguished chair-geological factors. These facilities could the byproducts of the technology-nu-man cf the Energy Committee. Senator be located above ground. or near the sur-clear wastes.
Jacusow, for his work in fashioning the face at any location that met certain I first raised the issue of nuclear waste compromise provision on State partici-requirements relating to population den-and a solution to the problem of its man-pation in the estabushment of nuclear sity, flood potential, or other hazard.
seement when I introduced the Nuclear waste repositories. He very ably assisted I assume that the practical efect of Waste Management Act of 1977 on the in the discussions regarding the treat-this approach would be that these dis-opening day of the 95th Congress. That ment of military versus civilian repost-pofal facilities could be loca'ed on a re-was the first action taken by any Mem-tories under this process of consultation ritual basis, and that the siting of these ber of Congress to confront the problem and concurrence with the States. As 4
4
.c s
S10261.~.
CONGRESSIONAL RECORD-SENATE y._
July 30,1980.7 many of my couenguas reeBas, the need Masino fer'his anssustion. With this asso =ttt% no wide rense usults tream to prolact cur national security interests approach the House and Senate Arzned unowrtataty about preensely what activities has been a major factor in our discus. Services Cosamittees would have ample wm be nquired and what sooleste mess win he used for me site ahmeurismuon nativt-sion on muitary nuclear waste repost-opportunity to discuss the issue, g
tories.1 might point out that the vote by e Mr. RANDOLPH. Mr. President, on ne other major costs m amociaud wie
.which this compromise passed, 834. July 25. the Committee on Environment the estension of Nuc naaaming aueertty clearly shows the overwhelming suppo'rt and Puhuc Works reported 8. 2980, the and the --
--t and audtting eetsvtues f:r this compromise and the treatment of National Nuclear Waste Begulation and required for ne puos program. It is esu-miutary repositories.
Control Act of 1980.
mated that addistenst star and contreet Mr. Pensident, we are not speaking At that time, the committee had not funds win be nquind for these purposes,.
hypotheticaur when we discuss the es-received the report of the Congressional *** 8""ees.otaung est muuton between
)
t instandl ne uncertatasy about utsty tahuahment of a military nuclear wasta Budget OfBoe on its review of S. 2980 as repository. The waste isolation pilot required by Section 403 of the Congres-
$ dimeul u t rese no impe t project is an authorised project sited in alonalBudget Act of 1974.
expedited ueensing procedure provided in southeastern New Mexico for the disposal That report has now been received the but. nowmr. it is unear that exisung of military transuranic wastes. This and I ask that it be printed in the stas would be diverted from the regular project is the first of a kind in many Rscono, appuestson process to meet the requirements respects. Certainly one of the most im.
The report follows:
of me expedned prooms and that no eed -
- P portant I believe,is the role of the State coeressassosut soneer Orrses, und he M desire wound WesMarton. D.C. July 28,2sso.
cf New Mexico in the establishment of be pleued m provide fur 2er deus a 21s the WIPP facility. That role was set out son. Jusrirasses nasmotest esumate.
in the Department of Energy National #^*'Q Q'8$ 'p*,#
j sino m ly, Ataz M. arnm, Security and Miutary Applications of
,,, ogge,,,g3,s,,,,,y,,,,,, 3,g, Director.e J
Nuclear. Energy Authorization Act of Duas us. c=====: Punuant to secuon 1980. That act provided for a written eos of the congreestonal_mudset Act of 1su, e Mr. SCHMITI'. Mr. President, for the l
i agreement in which the process of how the congreestonna mudset omoe has review'4 better part of 30 years, the Ptders! Oov-the State and the Secretary of Energy
- s. 29s0, the Nauonal Nuclear Waste Regu-ernment and the scient1*.i* community would interact in carrying out the proj. 1stion and control Act of foco.
kept theissue of disposal of nudearwaste ect. I am happy to say that the agree-rd more or less in the closet. ' Ibis cleaet was j
e pma r
clear ment may almost be halkad and I be-waste storage and disposal faciuttes. spe-surrounded in the past by a basic distrust i
lleve it will be a valuable and useful doc-etacany, it estends the authority of the of the public's need to know and under=
l ument not just for New Mexico, but as a Nuclear Regulatory Ca== Man (NRC) to stand nuclear energy. Now that we need model for other cooperative agreements noense r=maaeuw waste faculties and es-the public trust so that nuclear energy which wiH be entered into by potential tabushes enetronmental, safety, and as-can ful an important,if not critical, role host States.
tional securtty criteria for noensing does. in our energy future, we find that we I am oncerned though. Mr. President, stons. In addition, it requires the Depart. do not have that trust; at least not and th w
that be ause the WIPP agreement has "y jhE,ne%
enough of it. Instead of building under-e po standing among the public and pouti-precede i the compromise passed the nuelar wasu storage racmum nas are not other d.y that we are not applying some subject to uoensing by the NRC.
clans we have built suspicion. In no area is this more true than in nuclear waste cf the ' estures of that provision to the Further, the blu requires the submission
. WIPP hoject. To a great extent the of at least four site characterisation reports disposal.
WIPP i sciuty is a testing ground for the to the NBC as a prerequisite for NRC con.
I personally believe, as a geologist, that 1
Pederal State partnership in the dispo. elderation of an appiteation to construct a eventually it can be shown to be tech.
I sal of radioactive waste. I would Hke to geoloste etorase or cspoent raculty. sy Janu-nically possible to dispose of nuclear ask my coHeague, the Senator from ary 1,1989. Dog rust submit an appucauon waste in a variety of geologicallocations.
Washington. if he would agree with n>e o constmet a nposuory, w12 a January 1' However, I also personally believe. as s' s
that the WIPP facility should be treated au"s m 1mu U.S. Senator, that geological disposal a ngu If may be neither the most economical nor as we have treated other miutary re-ing noense by this date. ne blu prohibits positories.
the issuance of powerplant construction or the most publicly acceptable method of Mr. JACKSON Mr. President, in re. operating permits. The blu provides for state, disposal.
sponse to the Senator from New Mexico. local and incan eencurnace in au stages of There is an urgent need not only for let me say first that I beneve the com-raenny dentopment.
increased pubuc and technical under-promise reached here the other day was
'the but also specian conmuons for the standing of experimental salt bed proj-utabushant of any federauy owned and ects 11ke that near Carlsbad. N. Mex., but a good one. If it is enacted into law, it
'P* * ** ***T I" " **** * # * * *8*
' N~ also of the alternatives to salt b would provide balance to the need for responsible State participation in the [s'rEtoIo nEd posal. 'ntere may be an additional need r a ederal p
for greatly increased funding so that disposal of radioactive wastes with the the conatoerauon of alternauns to any pro.
need to protect our national security in-posed facinty, and fun oost recovery to the these alternatives can be evaluated in a terests in the disposal of military wastes. federmi sovrnmens for the construction and timely manner.
Furthermore. I beneve that aspects of opmuon of the faciuty.'ro apedite unans*
The need for a national policy on or w spent i ac its mt n nuclear waste management has become the compromise might suitably apply to p,,,
increasingly critical. It is necessary to
. the WIPP project to the extent that new struction activtues beton su requind hear.
rights are conferred on the States. How-ings are complete. Finaur the but requires conduct fuu evaluations of the short,
ever, I am concerned that we cannot powerplants nung appuestions atter June 1.
mid, and long-term implications of the properly fashion an amendment that loeo to provide noequate on-ette storase* various alternatives for the safe and me-g would do that in a constructive way on capacity for spent fuel senerated over astr ceptable disposal of nuclear waste, as userut uns.
we!! as the potential for nuclear waste the b!!! before us.
Mr.DOMENICI. Would the Senator be m total cost of es bm is umrtain, utilisation. This information will serve wining to explore the development of A lost nad loso""'rh * 'h as an important part of the extensive
- d
'l guo ar evaluation that must be performed to an appropriate amendment to assure the potenunt oosts result from the site charac-iacilitate pouc7 making processes State of New Mexico the same treatment unsmuon provisions in ne but, which n.
as other States which may be rectoients c quin dog to undertake more artensive es.
Per the past 30 years the menarement of military wastes on a future blu pro-pioratory drining and testing than currentir of nuclear waste has been the responsi-viding authorization for the WIPP is-planned. anma on informauon trom the bluty of the Fwderal Government. In the cility? That will give time for the proper NaC and Dog. It is estimated that the **** mid-1950's the Atomic Energy Cammis-or the admuonal design, druung and wtw sion, along with the National Academy drafting and preparation of an amend, acurttas for the four site charactertsauens of Sciences and the National Research men required to be completed by January 1. lose Council, were asked to assess the nu-Mr. JACKSON. I believe that is an could ranse from s200 miuton to asoo muuon appropriate way to proceed in this mat-between 19s2 and 19s8. By 19s$. costs fu clear waste disposal g
ter and I thank the Senator from New these activttas could total betwnn sloo and the study involved an e
7
.Q
~
'S 10262 CONGRESSIONAL RECORD-SENATIf
- Julj 30,1980 logical formattomy and ths oceans. Th2 developed. I do not think it is desirshle to eted with'these alternatives, that ther National anadams of Sciences presented choose on2 sption and just follow that do not represent viable near-term op-recommendations in 1957, which. con.
path; but to open as many options as tions.
cluded that geologic disposalin salt mines reasonable. We may exercise one option Fourth. The administration policy of was the most promising option, at least in the present, and othess in the future " indefinite deferral" of the reprocessing frr the' near term. his type of burial, as economics and technology change.
of spent fuel precludes options such as.
was considered more attractive than On March 31, 1973, the Commerce, beneScisa utilisation of reactor products.
ocean burial, primarily due to the lack Aclanna, and Transportation Committee space disposal, partitioning and trans-of knowledge of the oceans with respect held a hearing on nuclear weste disposal mutation. The decision to forego reproc-to all the consequences of such actions.
alternatives an Albuquerque. N. Max. ensing has greatly complicated the waste a
As a result of this decision, studies on Eleven witnesses presented Mnie=1 and disposal problem and our relations with nuclear waste disposa11n salt mines were scientioc testimony on the pdministra-the rest of the world. But the testimony conducted throughout th01960's and into tion's plan for deep geniosic disposal of of DOE witnesses did not clarify future the early 1970's. Investment in R. 4 D.
waste in saltPformatians and possible al-plans to develop repracamatne technol-dudag this time period aversged about 45 tornatives to this plan. Seeeral impor-ogy.e miman pe* year. It was also during this tant conclusions can be drawn from this wasts cournams paocusesmo time that the technology for solidi $es-hearing.
ti:n of nuclear wastes was developed Deep ssologic disposalin aalt was first
- Mr. SIMPSON. Mr. President. I would which made the handling of wastes ens-recommended by the National Academy uke to make an inquin of %distin-IIr: the transportation of wastes safer, of Sciences more than 20 years ago. guished managers of this bill.
and long-term storage of wastes safer.
Whole new technologies have evolved The Nuclear Regulatory Comminaian '
However, since this direction for han-since this initial recommendation. It is has already begun a weste confidence I
dung nuclear wastes was estab11ahed, clear to me that we should not repeat proceeding which has been mandated many technologies have been developed past errors by short awW these and by the U.S. Court of Appeals for the Dis-and new scientiac understanding has ap-other alternative approaches to waste trict of Columbia circuit in State of p ared which have added several possible disposal or utilisation.
Minnesota against NRC.
options to the ",.anagement of wastes.
During the Albuquerque hearings. Dr.
The purpose of this proceeding, as First of an our knowledge of the George DeBuchananne, of the U.S. Geo-stated by NRC.is-oceans has increased tremendously, and logical Survey, eutlined a number of To aseens generteaur the degree et as-surance now avaname that radioactive there have been signifcant advances in questions concerning salt as a medium waste can be safety disposed of. to deter-technologies that could be used for im-for waste disposal. While it is highly nune when such disposal or on-atte storage plementing this option. The possible in-probable that the questions concerning wul be avanable, and to determine whether
- ternational management of nuclear salt can be favorably resolved the exist. radioneuve wastes can be enrely stored...
waste may require such an option.
ence of technical uncertainties concern. untu of-site disposal or storage is avau-Second,in the 1960's we saw the evolu-ing the main thrust of the disposal pro-
"M
tion cf our space program, from its in-gram underlines the necessity to serious-In other words, to assure that a fancy in the early 1960's to a mature 17 pursue altematives.
method of permanent disposal of nu-spaca program, and looking forward a Another conclusion that can be drawn clear waste win be available when it is bit, to the Space Shuttle.This experience from the Albuquerque hearing is that a needed.
. in space has opened up the question of policy of indennite deferral of the re-The Nuclear Regulatory Commiufon the feasibility of burying our wastes in procamsMr of spent fuel has precluded a believes this is a valuable exercise, and spacc--another option only very recent2y number of waste management options, the proceeding is in fact a continua-considered.
Technical rednements that promise to tion of previous proceedings conducted Third, new technologies in chemistry enhance the safety of waste manage-by the Commiuton in this area. The De-and physics have raised the potential of ment, such as the partitioning of wastes partment of Energy has also found the utilization of nuclear wastes and/or spe-into high-level and long-lived waste proceeding a usefut one.
cife 1:otopes contained in the:n. Exam-components and useful isotepes and the My. inquiry to the distinguished man-plcs of these technologies include laser possibility of transmitting long-lived ra-agers of the bill is this: Am I correct isotope separation, photochemistry and dioactive wastes into stable or short-lived that nothing in this act precludes the conversion techniques.
Isotopes, are now ruled out by the de-Commission from conducting a proceed.
Fourth, in addition to salt formations, cision to forgo reprocessing The policy ing to independently determine whether there have also been some studies done of throwing away spent fuel prevents the there is reasonable assurance that a on the use of granite, shale, limestone, recycling. of valuable reactor products, suitable technology will exist at the time and various volcanic rocks as potential such as residual uranium and new plu-that it is actually needed for offesite nuc!sar store.;e formations.
tonium that could be used t.s nuclear disposal of spent fuel or high-level radio-Fina'!y, new proposals include the po-fuel. Other beneScialisotopes could also active waste resulting from civilian nu-tentia of very deep geologic disposal by be extracted.
clear activities?
either in situ meltin: Mth layer isola-Other conclusions drawn from the tes-Mr. JOHNSTON. The Senator is cor-tion after a glass is formed, or by the timony of the March 31,1978 hearing of rect.
implacement of stable crystanine phases the Science Technology and Space Sub-nmtat racum mena stenom 40 containing the waste.
committee in Albuquerque, N Mex., are:
All of these advances, in addition to mst. Deep geologic dispsal is st!D Mr. SIMPSON. Mr. President, I would th3 technclogy of salt formations, pre-considered by most experts as the most like to make an inquiry of the distin-
~
sent interesting possibilities for dispos. pro =1 sing alternative for nuclear waste guished managers of the blu.
ing cf or utilizing nuclear wastes in the disposal.
Section 402 of the b1H cans for the short, mid., and long term. It is time " Second. Current spendliig levels resect Secrwtary of Energy to submit a propos-al that includes design and other infor-to bring discussions of all these alterna-a strong preference in the Departroent mation for an initial facility to demon-s tives to the public and realistically assess of Energy for disposal in salt deposits. stmte the feasibility of long-term ths potential of each one. We must think The UA.O.S. has raised a number of po-retrievable disposal of spent fuel and of not only what must be done for dis-tential problem areas which need to be high-level radioactive waste. Section 406 posing of wastes in the next 10 years, but studied further before a final decia!on is of the bin directs the Secretary to con-look to the next 20 years, and even 50 made for pennanent disposal of waste tinue and accelerate a research, devel-years, and assess what research and de-in salt. It is not clear from the testi-velopment must be done today to make many that adequate attention is being opment, and demonstration program for geologic disposal in mined repositories the most attractive options possible, paid to other media for geologic disposal. of high-level radioactive waste, with the
'Ibe issue of nuclear waste titsposal op.
Third. Alternatives, such as the space objective of building at least one demon-tions is a controversial and often con. disposal and deep seabed disposal op-stration repository. These two sections fusing subject. The esisting technology tions, oHer some advantages over deep seem to deal with two separate for each option must be distinguished geologic disposal. However, there are a programs, from future technology that needs to be sumcient number of unknowns associ.
My question is this: Is my under-o a
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i l is o shipment of nucleas %terials through end of this decade, waste d spo
/uly 30,1980' standlig corrett that the initial faciutydescribed in secuon 402 of th)b!H would. the cit technology, Our increasing dependence on nuclear j
safety presented by nuclear wacte trans-not be a mined repositor for geologic ' portation makes a good case its ordi-energy is a result of decisions made 10 disposal of high-level radioactive wastegf the type referred to in section 406 of nances of the type passed by the Oty of and 20 years ago. Cost analyses at that time did not fully ts s e into amumt the Missoula. However, it is not clear that such an approach can be successful cost of disposing cf 1 telear waste or the the billt Mr. JOHNSTON. Tes. the long term cost of constructing f acilities that would in light of Federal supremacy. None-retrievable monitored system we propose theless. legislation now being considered as is humaniv possible. 'Ihe d tfree.
by the Senate can provide mathum be accident free. Atleast as acc is not envisioned as a deep mined repost-tory-it is not deep geological disposal.
Mr. SIMPSON. I thanY the' Senator assistance to States such as Montana risk to a single utihty company's finan.-
deal with the impacta cla1 soundness in case of an accident was for thatelariScation.e which must transportation of nuclear wastes, also not fully comprehended. As a re-
- Mr. BAUCUS. Mr. President, wbat is i
ce in moni-sult, the cost of nuclear facility has; of done cannot be undone. In the 35 yearssince the first test explosions on the This shob1d inclu skyrocketed.
Meanwhile, the demarui for electricity -
Nevada desert, the Nation has been pil-t the move-ing up nuclear waste products at an Federalregulationsrelating oforts to impro I
ddition, ef.
ever-increasing pace. Indeed to date an ment of nuclear wastes. n a estimated 2.300 metric tons of spent fuel the transportation'of ramaartive ma. York Times, Apri16,1980:
terials must be expanded.
Sinos 1976. Americans have been using far from nuclear reactors have accumulated.
Whue the process cannot be undone, we Mr. President, my second concern is iese electricity than the uttury industry had npoeted, and now name analysts expees the that States' rights must not be over-must deal with the problem.
Fa 01 8'C*th to 183 "en turther in sne As the Senate this week considers the 6r dis.
first nuclear waste policylegislation ever looked in the location of storag F da-that any State The article goes on to maka the fol-would like to take this opportunity to mental fairness dmanAair the conce nrvt. in 1979 electricity consumption roee f a nu-lowing points:
only 2.s percent in this country, down rights of cor>ultation and concurrnnee legislation of this type, More spe-thaftv, the problets facing in decisions relative to the public health sharply from the 7 percent annuna rate et the country is how to deal with nuclear and safety of its citizens. An approach of growth that me incustry rouunely expers.
enced with the early 19Ws. So far this year, waste as current storage f acilities fin up, this nature insures that Federal and State (,overnments w1D work together in consuguon has actuauy dropped, by u Indeed the Department of Energy pre-diets that some utilities may begin to a partnership to insure the protection of Te[though the utusties have caneeued run out of storage space at their reactor our environment and the public's wel*
more new powerplants than they have or f are. An additional advantage to active dered. the nation has easur avotded the sites as early as 1983.While other sources suggest Qat the problem may be avoided State participation in the siting ded-power shortares tas. many ututtles had pre-has until the next decade, the situation is sions is the reassurance it will provide dicted. Indeed. nationwide, the incustrf to those citizens most directly afected twice as much genusung capety in reserve becoming critical While maintenance of power generat-thit their concerns are being addressed. today as ce bachp of la to 20 percent that uy been deemed a pmdent ing capacity at existing nuclear plants Finany,I must undersecte my concern D'*$'fg"$g#'
must be assured in this time of energy that the fuH cost of any AFR system be shortages, public safety must not take a borne by those utilities whi h benefit So, from a demand and cost-beneSt back seat to any other issue. Because the from them. Montana, for example, has standpoint, I have grave reservations estimated isolation period for nuclear no nuclear generators withinits bounda. about nuclear power. With this back-wastes is 1,000 years, the actions we take It would therefore, seem grossly ground,let me state the problems I have rieA The solution proposed by the Senate unfair to ask Montana taxpayers to sub-sidize a project f First, I agree with the reported com-with the legis*ation before us.
today will afect generations to come.
ments of my colleague from New EDerry and Natural Resources Commit-cimaHy beneSt.In short, users of elee.
tee is the creation of "away from re-tricity produced by nuclear powerplants Mexico. Senator Dosmiccz, that---
actor" (AFR) storage systems. This plan should bear the economic costs in pro.
Whether we are contemptating the long.
would provide for interim disposal of port!cn to the benefits which they derive.
term storage of nuclear waste er sta per:na-nuclear wastes. For le lcng term, the Mr. President, I am certain that aH of nent espasal thee is one element which would require a 1-year us would prefer to see the Nation's en-wiu deter:nine tr either is to be done in a study to locate a potential site for con-crry demands met without a costly and t*mty and sawaetur mannen states mus committee struction of a Government operated stor-threatening re2ance on nuclear genera-h'tse
+t age facility for nuclear wastes.
tion. Until alternative energy sources are In addition, the Energy Commitee sug-further developed, however, I fear that With respect to the stcrage and dis-gests the acceleration of the Nation's nuclear energy and its attendant waste posal of spent fuel from civilian nuclear powerplants Ibe11 eve that the role of the research efort into improved nuclear products will remain with us. By work-disposal technology. Possibilities include ing toward the three objectives men-States must be absolute. On an issue of the burial of wastes at sea and even tiened earlier of safety in transportation such fundamental importance, I believe of nuclear wastes, involvement of States it is essential that States be allowed to rocketing them into outer space.
In considering this legislation and the in siting decisions, and user financing of determine for themselves their own pou-cies--especiany when Federal policies numerous amendments being proposed, Wrote disposal facilities, I believe that three concerns are foremost in my mind. the legislation now under consideraton may not adequately protect their local safety, health, and environmental con-The first is the matter of the transpor-will better respond to the concerns of my cerns. I am pleased that the Sinate has tation of nuclear wastes since, by dean!-
constituents.o tion, any AFR system win require the e Mr. RIEGLE. Mr. President, the issue approved the Glenn amendment which a
movement of wastes from reactors to before us today is S. 2189, the Nuclear resolves these concerns.
Waste PcHey Act, a bin to Ma%h a Second, I believe that the costs asso-dump sites.
Man? Montanans have expressed their program f or Federal storage of spent fue! cisted with the storage and disposal of very real concern for shipznents of nu-from civilian nuclear powerplants and nuclear waste from civilian acttvities clear materials through the State. With to set forth a Federal policy and initiate should be borne "totaHy"-and not "to y
the greatest extent possible" as is pro-1,188 miles of interstate highways cross-a program for the disposal of nuclear ing the State of Montana, this concern waste from civilian activities. Obviously, vided in the legislatiorWby the direct beneficiaries of such activities." In this is not unfounded. The potential for acci. given the fact that we now have 70 nu.
dents in route does exist. Recognizing clear generating facilities in operation regard I agree with my distinguished col-this threat, the city of Missoula in recent and will have an estimated 260 by the months passed an ordinance bemtng any I
?
6
S 10564 CONGR SSIONAL RECORD-SENATE Jtily 40,19so league' from Oregon, Senator HArrIran, 0, approved'an amended Glenn-Percy title ef 8.2189-and because of what pas -
that tha language'of the bill needs to amer.dment on ttate participation in saga (f this legislation means for the be tightened.
nuclear waste disposal piming. That creation, orlack of creation.of a respon.
Third. I am concerned that the pro-amendment took severs! yes.rs to de-sible and responsive DOE waste manage-posed cway from-reactor program called velop. Such imanimtty has seldom been ment strategy. I must reluctantly vote for in S. 2189, would require the trans-exhibited by this body on an issue of against Anal passage of S. 2189. I am portation of large amounts of spent fuel such controversy.
sure the Senate could have done better.
shipm:nts along the public highways be-The Senate exhibited a spirit of com-Mr. JEPSEN. Mr. President I think it tween the powerplants and the away-promise, and of tremendous responsibu-is high time that we deal with the issue from-reactor storage facilities.
ity, a spirit I was hoping would spread of the safe disposal of spent fuel and Fourth. I remain unconvinced that the through this entire legislation.
radioactive waste from nuclear reactors.
Department of Energy has demonstrated Nowhere were my hope for a responsis Although civihan nuclear powerplants that there is a genuine need for Federal ble compromise more directed than to-have generated considerable volumes of tw y from reactor storage which cannot ward title III of 8. 2189, authorizing pur-spent fuel and other nuclear wastes over be filled by utility companies through
- chase of an away-from-reactor storage the past 20 years, establishment of a s-th) expansion of their existing onsite faculty. The Eart-Simpson amendment Federal policy for long-term storage or storaga pools or the construction of addi-and the Energy Committee bill bou had disposal of nuclear wastes has con-tional storage pools.
problems, to be sure. It was my hope sistently been put on the back burner.
As introduced, two sections of the that the problems between the two ver. Time is running out on this nonpolicy bin w:uld eliminate important environ-sions could be worked out, so that an of indecision and delay, and it is there.'
mental considerations.Section 305 of the AFR plan with responsibility and con-fore imperative that we move to con-blu wruld prohibit: First, any program-science fot both the nuclear industry and struct the facilities necessary to protect matic impact statement under the Na-the residents of areas near AFR's could public healta and safety by isloating tional Environmental Policy Act on the be preserved.
these spent fuels and wastes.
Secretary of Energy's proposal to Con-Such a compromise cauld not be Further, we need to expedite research gress for a nuclear waste management worked out, however; the move to table and development, and demonstration syste:n, second, an* consideration in an the Hart-Simpson amendment has suc-programs on a broad range of radioactive cnvironmental impact statement of al-ceeded, and we are now faced with a waste disposal technologies so that meth-tern".tives to the speciSc site or design vote on passage of S. 2189, with the orig-ods will be available for permanent stor-selected by the Secretary for the initial inal unamended language of title III in age of nuclear wastes as soon as possible.
f*cility as authorized by Congress. and the Energy Committee bin essentiaHy A firm and clear policy for the safe third, any considers. tion by the U.S. Nu-intact. I feel,in au good conscience, that management of nuclear wastes is essen-clear Regulatory Conmi" ion of alterna-this title is simply sn unacceptable ap-tial. Public concern about the health and tives to the site or design selected by the proach to the issue of AFR's. which could safety of our citizens is justifable and Secretary of Energy for the initial facD. lead to a tragic open-ended, and totally de:nands action now.
ity as authorized by Congress. Similarly. imprudent AFR policy.
Mr. MATSUNAGA. Mr. President, I section 503 of the hin would prohibit con-The Hart-Simpson amendment would should like to take this opportunity to sideration by the U.S. Nuclea.r Regula-have added a showing of proof to the dircuss for the record my concern about tory Commiulon, either in Commtuien DOE's contention that it needed AFR's section 406 (b)(3) of S. 2189 which proceedings or in environmental impact now, that it needed them desperately. authorizes the Secretary of Energy to stittments, of the need for power or That showing of proof would have al-continue and accelerate a program of re-alternatives to nuclear fuel where such layed the fears of many Senators, and search, development and investigation issues have been considgred by a State many citizens 11 ring near AFR's, who are of alternative technologies for the dis-public utility commission or an unregu-so very concerned, and rightly so, that posal of high level radioactive wastes.
Isted utility.
AFR's are not ever used prematurely or This particular provision of thiJ sec-I strongly oppose this elimination of a unnecessarily, tion states that such a program shah review required under the National En-Without that showing of proof. DOE examine the placement of nuclear waste, vircnmental Policy Act and all other would be free to decide for itself what materials in deep ocean sediments. It is streamuning of environmental consider. spent fuel should be transfened to an this disposal option involving deep sea ctions.
AFR: indeed, DOE could decide how burial of nuclear wastes which is of great For these reasons,I urge the Senate to many AFR's it needed to store spent concern to me, to the people of the State carefully consider au aspects of this leg
- fuel. And DOE's judgment would be vir. of Hawr.ii, to all the Americans hving in islation and develop a waste disposal tuaHy impossible for Congress to eval-the Pacific region, as weH as to the other poney which is consistent with our na-unte thoroughly.
peoples of the Pacific.
tional goals.*
I am not opposed to AFR's at au costs.
Recently, both the Honolulu Star Bul-Mr. PERCY. Mr. President it is with No one ' concerned with the continued letin and Honolulu Advertiser reported great reluctance that I must announce economical generation of energy from that the Department of Energy has been my opposition to S. 2189, the Nuclear domestic sources could be.
conducting a study of the feasibility of Waste Policy Act, today.
I am oonosed, however, to the notion of using 3,600 square miles of seabed in the It was, and continues to be, my ETeat-giving DOE a carte bls.nche to store spent Pacific for, permanent storage of high-est hope that the Senate would face the fuel for years, maybe decades to come in level nuclear wastes. According to the issui of nuclear waste disposal head-on. the neighborhoods of people who have report, this study has been ongoing for taking a responsible and deadly sedous had nothing to do with the generation or 5 years and, most recently, has focused approach to this issue that for so long enjoyment of that nuclear power in the primarily on an area of ocean floor 1,000 has been the bane of the atomic energ7 first place.
miles north of the U.S. territory of industry. In 38 years, 7,700 metric tons Mr. President, with S. 2189, the people Gua:n and the future U.S. Common-cf highly radioactive waste have been of Morris, IU., become some of the most wealth of the Northern Marianas. It is accumulating in storage tanks across likely people in our country to live in the my understanding that all the seabed this countryr and never has the Federal the " spent fuel storage community" of sites which have been selected for study Government faced this issue with ade-the Nation. 'Ibey may not know whether by the Department of Energy, including quite concern. The fate of our Mtal nu. DOE reaHy is requiring utinties to go sa a site north of Hawaii, are outside of the clear industry, and, more importantly, far as they can to avoid placing spent 200-mile limits of the Pacific nations, the the f:te of our Nation, has rested on our fuel in their neighborhood. They wiu U.S.
Pacific island territories, and cbility to construct a comprehensive and not know how much longer DOE plans to Hawaii.
c reJponsible nuclear waste mmgement use their nearby facility, or how much Mr. President, the report that the De-plan.
bigger their facility is Ukely to become partment of Energy is contemplating It was my hope that this legislation These are unacceptable and unfair costs ocean bed storage of nuclear waste ma-could be the foundation upon which that for us to ask anyone to bear, terials outside of any U.S. territorial jur-responsible plan could be based. Last Because of the outstanding problems isdictions is most disconcerting to the Monday, the Senate by a vote of 83 to which remain in this highly important people of Hawaii and of the Pacific Trust E
d.nm CONGRESSIONAL RECORD---SENATE, *by the Fe and implementation of july 30 1980 Energy cnd N;tural Resources Commit-tee, including t g
plans to store nuclear wastes o De fact of th) matter is man, the Senator from Washington (Mr.
Territories.
that it is almost as alarming to the peo-JACKSON). the distinguished floor man-by the Energy and Nata:al Resources ple of the PactSc as would be nuclearager of the pawne hin,the Senator from Committee to insure that the interests waste storsgs winin the territorial IouMana tMr. Jouxstow), and the dis-and concerns of the people of the Pac!Sc boundaries of the American Pacinc. Itisfor this reason Mr. President, that I tinguished Senator from Idaho insular areas involved are reptesented air.
McC1.Unz), joined me in support of this and that such storage wiD not pose a have chosen to tunke this statement con-cerning the nuclear waste disposal optio new law because they shved my strong serious risk to the health and welfare belief that the residents on d2e territories of these people and their precious isla of deep seabed burial, are entitled to at least the same pro-Mr. PMdent, as my coueagum wen environznents.
tectons as Mose Americans m% bMr. JOHNSTON. I share the concerns know. the Senate is about to appepe a of the distinguished Senator from Es-comprhensive piece of legislation dealing Indeed. It must be recognized that waii and intend to fonow the coune of the States.
with nuclear waste management. In thisCongress bas a special resMnsibinty for action outlined in his important state-blu, we have adopted language whichwiu estabush, for the first time in our the welfare of those living in the ter-ment. As one who has long been con-cerned about the welfare of the peoples ritories and the trust territories because a national nuclear they have limited authority over their of the PaciSc. I certainly agree that "V
Nation's history, waste disposal program which has a spe,ciSc focus on th hearings are necessary before any such pre-sentation in the Congress.In order to ful-decision is made and w!H be happy to localities are to play in Federal nuclear fill its pler.ary autbority for territorial so request the distinguished chairman waste repository pMn*g knd develop-aFairs. 2e Congms must have clear at the appropriate time.
ment. S. 2:39, as amended, provides theStates with statutory rights to par-s%utory respeety for nuclear waste Mr. h1ATSUNAGA. I thank the Sena cisposalinvolving the territories and my ticipate in the Federal nuclear waste re-tu, ository development program. The biU amendmd pW. des me necessan av The PRESIDING OFFICER (Mr. SA fequires the Department of Energy to thority.
not the question is on the engrossment t tb due to the consu't and cooperate with the States and third reading of the bin.
to poin t the f throughout the repository r'e r anddevelopment process pursuant to indi, nature of deep seabed The bill was ordered to be engrossed temational"e d uclear waste mat is, such and to be read a third time.
vidus! State agreements which svuld ex-storage not being within the terntorial s
The bul was read the third thne.
licitly spell out the Energy Depart-boundaries of any States or U.S. territo-hir. LicCLURE. Mr. President, I yield hent's obligation to provide nottacationries, the protections which the Congress back the rema!nder of my time.
and relevant informatics and the State'sportunity to comment on DOE act es m ay ten al' that ask f'or the yens an' d n'ays on An it es. The bill also contains language se e ds a
Q,e is spea fu a u mandating that the Department of En-say cat mis M is a monment.a1 sage au ergy cle wi:h the Conrress a series of de-taued reports on its decisions co ti e. N cause leaka e o the 4 *I O* "CI""# ##
du containers of nuclear wastes stored on nuclear waste storage in a State. Upon the ocean coor which may, in turn, be $
c etn, been repW 6 a whm which the State wiu have fun oppor-carried by sea cu rents to the U.S. ter-regard not only toward safety but for tunities to comment. Ancther provision ritories and, in the case cf the PaciSe' the appearance of safety.We have solved further protects the States by requiring the most d1Scult problems that we.
to the State of Hawaii.In the final analysis. Mr. President, the passage of s resolution by both grapp ed w2 fe years, se as me :
Houses of Congress indicating that theconcerns of the States involved ha there is no constitutency directly in-ccmunene, such as ende.
ate vastes in sediment on the ocean Soor mental i= pact, and I been adequately addressed.
Clearly Mr. President. S. 2189 goes a outside of the furisdictional boundaries p long way to protect the citizens of the 50 States from the risks posed b It8'fEC"C7' of the United States.
However,it cannot be denied that there n this b21 I
is the possibility that auch storage could, I yield back the remainder of waste storage whhin their boundaries.
so ha
- time, particularly in the Paciac. pose a signif-4 Mr. President, I would also like to em-icant risk to the health and safety of the Mr. PMde'* I e M 2* N E phasize that the Congress,last year, en-Americans hving in the Pacine territeries 3373'e PRESIDING OFFICE acted an amendment which I cSered toomnibus territeries au
.Th dent seced? There is a ss deg and the State of Hawaii.
. Tor this reason, Mr. President. it is my bill, which provides speciac protection s
strong belief that the Congress, and.
",e the
- rom the risks posed by nuclear wastestorage to the people residing in The' yeas and nays we e orde ed'Ses 3
speciSenny, the Energy and Natural Re-The PRESIDING OFFICER. Do sources Committee, must remain cen-ut territories. My amendment wh'ch is sec-ators yield back their time? The cerned about this nuclear waste storage tion 605 of Pubue Law 96-205, req".iresthat the Congress be kept fuHy in tion is. Shan the bin pass? The yeas option. We must remain inny informed of the progress of the research, develop-nays have been of any actions by the Federal Govern-win can the roH.
ment and investigation of the deep sea ment involving nuclear waste storage in The legislative clerk caHed the roll storage option, as mandated in S. 2189, Mr. CRANSTON, I announce that e the U.S. territories and that no trans-and closely involved in oversight of these Senator from Idaho (Mr. Cut aca portation or storage of nuclear mate-Senator from Massachusetts (M rials be undertaken unless a formal pro-important a,ctivities.
I might say, at this point, that I in. xtor), the Senator from IWm G posal for such storage is forwarded tothe Congress for fuu review and co Energy Department study of deep sea STEWARr), and the Senator irom Geos sideration, and approval by the ap-committees and the fuH storage and other studies or develop-(Mr. tat.MADoE) are necessarDy ab5e membership of both the Senate and theHouse of Representatives has voting, the Senator from Idaho 0 of this nuclear waste storage Ifurther announce that,if present C propriate ment re-option.
tained. In short, my amendment
)
Purthermore. Mr. President, I ask the Cursen) would vote yea."
/
quires an act of Congress before the Fed-assurances of the distinguished floor The PRESIDINO OFFICER.
eral Government would be authorized tbegin the implementation of any p manager of the pending bin, who I know any Senator in the Cham is interested in both the welfare of the to vote who has not toted?
peoples of the territories and the possi-The result was announced-yeas store nuclear wastes within the jurisdic-tional boundarles of any U.S. territory buity of the deep ocean burfd option,that before a nays 7, as follows:
anywhere in the world.
or possession Mr. President, several enembers of the
~.
3.y
-y
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A CONGRESSIONAL RECO.RD-SENATE '
~ ' July 30, Ji'ab?
Y S 10' 6',
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26 IEcued1Ytte No.339 Leg.)
protest the publie health and anfety and fuel from ttvilian naalear powerplants'and N
h.
... oommen defense and assurtsy; -
for the disposal of high.nevet radiomative G.
(g) the easte assostated with the storage waste from civilian nuclear asetvities:
7 Armswees Olenn Morgan and disposal of nuclear waste fman civillan (b) establish a detalte Federal poucy for l
3'
(
gE 78' activities should, to the greatest estent pas. the disposal of high level red &oactive waste t
sable. be borne by the direct beneSciaries of from elvulan nuclear estivities; yg g,,g p,gg Baumon '
Esteh Pressler such actiettles and abound be comendered in (c) authortse the Secretary to.
Benteen Estacid Pryor the selection or rejection of nuclear energy (1) acquire or construct at least one fa.
Beren Barakawa Randolph over alternative primary energy sources; and cluty for the laterim storage of spent fuel Boschwlts Beata RibicoE (b) the technology esiste and is under from civ1Han nuclear powerplants;
['*8'F 4 eve 10pmeat Whleh would provide femaanahle (3) select a technology and design for a assurance that opent fuel and high. level system comprtend of as least one 7bderal g
' Boittags eartanes Erra.
Buednesson anseer sadioact1M waste can be safety 8 sposed of faciuty for the disposal of high-leven redle.
marrF F Jr. Rumohrey achmitt and that disposal facuttles for spent fuel settve waste gewrated by etvilian nuenaar Pynn. Bobert C. Isaoupe Schweiker '
and high level wastes can be avaushie when activities and to asleet a alte and design for the Arst component of such a system.
Cannon J6eason.
Snapson needed.
Chasse Stasont (t) nuclear wastes genera (3) Anance the construction, operation y
==
w,_ _
==:
uona defen.e pros-m ha,.ted in the 24 been as.umu. and munanano. of auesar wot. smreg.
lating for more than thirty years, and spent and disposal factattles; and Cohen Amt
~ Stevenson Cransm a samhy stane
' nuclear fuel and nuclear wastes from the (d) acconerate the esamination and oon.
maNelat industry are increasing rapidly; alderaMon of alternative technologtes for the.
Culvgr Levin Thurmond
, v Danterth Lugar Ttnser s
(j) nuenear waste has become a major issue disposal of weste; Nh a t Magnumen Toonses of pubile concern. and stringent precautions (e) establish a State Flanning Councu on Dois Matmas WauoD must be taken to ensure that nuclear wastes Nuclear Waste Management to provide State.
Dominact Matsunaga Warner do not adversely affect the pubuc health and Wa1. and Indian trtbal views in the area of l
l
,an' ovwn W1M anfety of this or future generations;
/ederal. nuclear waste management policy i
Eso3
&Aelcher Young (k) the siting, development. and leading development; l
Ftf41 Metsenbaum Fortnary of nuclear waste repositst;*e are responst.
(f) improve coordination of Federal nu.
l-Carn Mitch G buities of the Federa! Or vernwt1 clear waste management programs and to (1) con $dence in the s.binty of the Pederal require the preparation of an annual Nuclear l
ggyg_9
[
Oovernment to manage a prograan providing Waste Management Plan which re$ects the en M rnihan Proamin l
for the safe and permanent disposal of nu.
views of allinterested parties; clear wastes must be substantially increased (g) pmvide for improved consultation and j
hvita Pwor if nuclear power is to contribute signiacantly cooperation between the Department of En.
NOT VOTING-6 to muting the energy needs of the United ergy and States and locauties concerning Church
. teng Talmadge Statesin the future;.
Federal repository siting, development, and E nnedy Stewart (m) Federal nuclear waste disposal pro. loading activities subject to congressional grams have been inefectifs due to-.
rettew; and So the bg (8. 2189) as ameng Was (A) inadete coordination among m (b). estabush Nuclear Wuw Reposton passed, as !Cilows.
various Federal agencies and departments 14eview Panels, to ensure that 8tates and 10 s
l S. 2189 which have responsibinties relating to nu. cauties have adequate opportunity to review l
se if enacted by the Senate end Nouse clear waste management; Pederal plans for the development of nuclear I
of Jttpresentatives of the United States of (B) the lack of a policymalrtng process waste disposal faciuties.
Amertes in Congress esseinbIsd, That this which integrates the vien of all Federal TITLE II-DEFINIT!ONS Act may be cited as the " Nuclear Waste agencies and departments into a comprehen.
Sec. 201. As used in this Act the term-Poucy Acta site Octernmentwide poucy; i
TITLE -FINDINOS AND PURPOSE I,
- l au rp cti n faciu to ch as su un and generation M maamial pown, as mat rummes pubuc the opportunity to participate fuuy phme is used in the Amnic Enegy Act M
. Sec.101. The Congress finds and declarea in the formulation of Federal nuclear waste management policy; and
[954, which is or will be licensed under such i
that-g*
(a) a reliable system adequate to provide (D) the lack of an organisational mecha.
e a e Nuclear Reg.
f suf5citat electrical energy to meet the Ns.+ nism which auows states and loomlities to u
U disposal means the long term iso.
r*
I tion's current and anticipated needs is an review Federal plans for the development of (3) essent;&1 part of a comprehenalve national nuclear waste disposal faculties, and to en.
ladon M mated &1 including long term energy policy and is vital to national security sure thereby that such plans adequately monitend storage wMch pumits ntrieval of and pubuc welfare
- protect State and localinterests:
W mateMal swed; (b) an adequate electrical system requires (n) a State Planning Councu on Nuclear (4) environmental impact atstement,,
a diverst$ed base of primary energy sources Waste Management must be established to means any document prepared pursuant to in stder to avoid excessive reliance upon any acord States. locauttee. and Indian tribes s1pgla alternative energy source; the opportunity to participate fully in the or in compliance with the requirements of 2) the a can be erhieved only if each available source agement policy:
',g (c
",C (c) e diverse base of primary energy sources formulation of Pedest nucitar waste man.
g p9 gg g 2}*
j,5
"[h'f87 e
e se nt ry of the ccmpetes on an equal footing in deciatons (c) a Nuclear Waste Afanagement Pian
- cn the siting and construction of faciuties which re!! acts the views of au Fbderal agen.
for generating commercial electric power; clos and departments with responsibuttles d6 spe uel.,
nuclear fuel that an ncound fwn *
(d) nuclear energy can~
pe-taining to nuclear waste management (1) maae a signiacant sentribution to and the views of the State Plaantnf Council civilian, nuclear _powerplant, means tb State Planning nattrnal supplies of electricity; on Nuclear Weste must be developed and anagement, (2) oSer site-spec 1Ac advantages in en. periodicany updated in order to-
,l i
virtamental impact, cost, and fuel avan.
(A) improve the coordination of the activt,
. Department,, sneans 2e Departament g
- rgy, t
14de e artments age wt 4,3 o ggmy p l
t Ity over other primary sources of enwgy; E'
II*U ow anel l'
(3) belp reduce United States dependence (B) provide a sound and credible basis for
,p N
W sat s and disposal of nuclear waste an Insecure sources of foreign oli; 9,,g, g,,,,,,,,g p3,,;
(3) lack of an efective Federal policy for (p) Nuclear Naste Repository Review Pan.
(11) "Oovernor" means the Oovernor of a the interim storage of spent fuel and dispoest als must be utabushed to ensun no Staus State, or successore to the Governor, during cf nuclear weste from civilian nuclear ac. and localttles have adequate opportunities to 2dr re8pective terms of oince, or their tiviti:e unreasonably burdens the choice of review plans for the development of Federal designese:.
nuclear energy as an alternative primay nuclear waste Mafmaal facilities; and U2) "nucloar waste" Ineans hight 1m!
- source in decisions on siting and construc*
waste, transuranic contaminated waste, and tirn tad operation of powerplants and un.
(q) the Secretary must increase his esorts low levd wasu' duly constrains egorts te establish a diverse
%0.. consult and cooperate with States and (13) "high level waste" manna the highly locauties concerning Federal ppository sit
- radioactive wastes resulting from the re.
]
base af primary energy sources, ing, development, and loading activities.
processing of spent metaar fus1..and in.
. (f) the Federal Government has the re.
FUaPoes Cludes both the 11guld wastes wh1Ch is pro.
sponsibiuty for the interim storage of spent fuel Irom civilian nuclear powerplants and Sac.102. '!be purpose of this Act is to duced directly in nprocessing and any solid the disposal of high-level radioactive waste (a) assume the Fbderal responsibutty for material into which such liquid waste is frim civilian nuclear activities in order to the acquisition and interim storage of spent made; e
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S 10267'
/uly 30,JS80
-- CONGRESSIONAL RECORD--SENATE (hnb..eeromry. hall e.tahua the on oc.03. ne emtmy me -on time payment charge per unit of spent fuel w.te" im transerenie contaminai.d sad other appropriate Federal emotals anell required by subsection totta) on an annual means saaternal contanamated with elements take such acuena se they consider necessary baats, based on eniculation of the costs and havtag an anomale number grooter aan 92, to encourage and expedite the use of avana. surcharge listed in subeection 806(a), and including neptuntum. plutonium. amenctum, ble storage at the site of each elvtuan nuclear shau puhush such annual one-time payment and ' eurium, in soneentrations of greater charge and the calculauon thereof in the powerplant tonelatent with--
(a) the protection of the public health Federal Register. Each suon annuti one time than 10 naneourtes per gram: waste" ansens mater %1 with radioactive elements sad safety; payment sharge shall become efective thirty (13) " low-level (b) eenocale eonalderations; days after puhuesuon and, shau resnain eteo.
contaminated santtting beta or gamma particles or with (c) sonttaued operation of the powerplant; tive for a period thematter of twelve months traces of transurante elementa in concentra.
(d) the senalbutues of the population sur. as the charge for the costs and surcharge tions less than 10 nanocurses per gram; rounding such powerpient; and listed in subesctLon 80etal for any spent (16) Mr.ei-.,
means a feet 11ty for the de) otherwise appucable law.
s
, fuel, title to which is transferred to the Ped.
waste, transurante Sec. 303. (a) The escretary, consistent oral Government during that twelve-month gleposal of high-level contamunsted weste, or' spent. nuclear fuel, with sueh erneria as he presortbes under PeHod.
whether or not such faculty is designed to the polley set forth in section 30t<sbau ofer Sec. 308. (a) The Secretary ahau construct permit the subsequent recovery of such me. to enter into, and tasy enter into, contreets or acquire at toast one away trom reactor 1
N ternal, escept for facilities to be used es. with persons owning and operating, or plan. faciuty for the interna storage of spent fuel
. stualvely for research and development pur. ning to own and operate, ettuaan nuclear from eivutan nuclear powerpthats. The fe poses con *aining an insigntSeant amount of powerplants. Those contreete shalg culties than-that the Federal Government will ( ) take (1) be made a suable in adequate capac87 such matertal:
(17) "sterage" means retention of nuetear title to spent fuel from the powerplants. and in a timely manner to accommodate 611 waste or spent nuclear fuel with the intant (2) transport the spent fuel to federsuy opent fuel for which commitments have been to recover surh matermi for subsequent use. owned and operated interim away.from, made pursuant to section 303 of this Act; reactor atorage factittles and stom such fuel pramaamg. or disposag.
an (18) " local government" means any po11tl. in the faculues, and (3) dispose of waste (2) be subject to alicenas under the prova.
s or.s sect 8
8*
cal subdivision of a State including any Products associated with such spent fuel.
town city. township borough, parish, village.
(b) Nothing in this Act authortsee the I
9
(
la The Secretary, in providing for be county, or other general purpose political Secutary to take title to opent fuel trans.
(b) transportation of spent fuel under this Act.
(19) " Indian tribe" kneans anIndian tribe., port spent fuel or dispose of spent fuel orthe waste products a y a rect p a $nd subdivision of a State.
e rom a nuc ear rplant not located as deAned in the Indiac Self Determination e 8ec tary use ucation Assistance Act (Pubuc 24, Sec. 304. A contract entered into under
[au Th,p s
(20) " nuclear waste and spent nuclear fuel sostion 303 aban provide-.
Mon only upon a determination of the Sec.
retary of Transportation in consultation management" means the transport, storage, (a) for a one. time payment at the time and disposal of nuclear waste and spent the Weetal Oovernment acquires the spent with the Secretary that private industry is fuel of a charge per unit of spent fuel, as unch or unwuung w provide such trans.
Puclear fuel:
(21) " main shaft" means the primary ver. such unit is deaned by the Secutary, which portauon services at nasonable cost. m au.
stoni access shaft of a nuclear waste repost. charge is determined by the Secretary to be thority of the Secretary to enter into con.
tracts under this section aban be limited to adequate to cover--
tory; (1) the cost of transportation of such the extent or in such amounts as an pro.-
(22) " site characte.isation" means the program of exploration and roomarch, both vided in appropriations Acts.
spent fuel; (2) the proportion of the costs of the (c) The Secretary and the CommMon on in the laboratory and in the f eld. under.
taken to establiab the geologic con 41tions construction and the operation, mainte* a continuing basta, shan analyse and snake j
and the ranges of those paramettre of a nance and decorrmwoning of Federal in* projections of the avausbutty when needed particular alte relevant to the trocedures terim away-from reactor storage faculties of spent fuel transports *1on casks required under this part. Site charactertzation in.
which proportion is associated with such to support Federal transportation nquire.
ments pursuant to subeection (b). The Sec.
cludes borings, surface excaMtions, excava.
spent fuel; and (3) a surcharge to resect the cost of long* retary and the Commtmaton are authorize tion of esploratory abatts. limited subeur.
face lateral escavations and borings, and term dispcsal of high level rasloactive waste and directed to take euca actions as the i
in situ testing needed to determine the suits. associated with such spent fuel; Secretary and the Commission, respectively butty of the site for a teologic repository, (b) for the retentien by the owner of such deem necessary and appropriate to ensure but does not include preuminary boringe spent fuel of a nontrar.sferaMe right to the the timely armilattuty when needed of su spent fuel transportation caats.
and geophysical testing needed to decide value of the remaining fuel resource less the Sec. SC7. When an intertm away-from.
whether site charactertaation should be costs of recceery, as determined at the time undertaken of recovery.The right ends when *be ybderal reactor storage f aciuty is avausble, the 6ecr tary shan take pa===aton of and transport to (23) " major nuclear waste facility" means covernment-a dealgusted storage faculty any opent fuel any factitty in whlen will occur the interim (1) takes action resulting in the recovery covered by a contract made under section 303 storage of spent fuel fro:n a civinan nuclear of the renntning fuel resource, an4 of this Act.The Secretary aball take this ac.
reactor. the disposal cf such spent fuel ht an (2) gives to the owner of the r16 tion within thirty days after the date on or of high level radioactive waste from civil. amount of n2cney equal to the value Of the which the owner of such spent fuel provides tan nuclear settvities, cr the transportation recovered fuel less the costs of recovery; notice in writing to the Secretary that such of such opent fuel or s aste, and which wul (c) that title to the spent fuel toge her spent fuel is avaliable.
have a total settmated cost to the Federal with au rights to such fuel, except as otbr.
8se,800 Funds made avausble to the Sec.
Oovernment of 85.000.000 or more: and wise provided in this Act, pannes to the 8e' retary at the site of the powerplant at thi retary for the purpose of-(24) test disposal" means the emplace.
ment in a repository of an amount in excess time the Secretary takes poseension of the (a) acquiring plant and capital equipment of 100 canisters of sptat nuclear fuel. high.
U. knd; or spent fuel; level wastes or tran;suranic contamtriated
. conswueuen.or modiScm.
m est me contract become, e,ocuve i
p waste.
when the interim away.from reactor storage g g
TITLE III-INTERI),! STOltAGE OF SPENT facility is avausble as determined by ne to mate avanable fac111ttee for the interim 4
FUEL FROM CIVILMN NM. EAR FOW'ER. Secretary by notice in the Federal Register; storage of spent fuel from civulan nuclear powerpc$nts away from the reactor under any FLANTS and Sec. 301. (a) It is 2e policy of the Federal (e) for adjustment and recalculation of Inw mating appropriations of funds or su.
Oovernment to prwide, na soon as posalble. the one-time payment estabitahed under thorisat.ons for appropriations of funds for an asured and prelletable capacity for the subsection (a) 'of this section; ani assess. the Asca. year ending September 30,1C79, or 1.
interim storage of spent fuel from cletitan ment of any diference to be paf'. er relm, 2e Ascal year ending September 30,1980, in.
burned at the time such spent fuel m asso, cluding frada authortaed and appropriated nuclear powerplante, (b) The policy tnder subsection (a) shan cisted radioscuve waste is f.eced it' long, for Pro)Ct 79-1-p
( Away.From Reactor in :
Spent Nuc. ear Fuel Storage Capacity) term disposal.
8ac. 305. (a) The Secretat7 shall partde legtsistion a.ithortsing appropriations for the provide for ~
(1) mawimiming by utilization of avauable notice of intent to enter into such contacts WpartIDent of Energy for the Secal year spent fuel pools to the maximum pracucal by publishing notica in the Federal Bef. ster ending September 30,1990. shall be available extent, the storage of such spent fuel at not later than one hundred and eighty says to carry out the purposes of escuon 306.
the site of each titulan nuclear powerplant:
after the date of the enactesent of this u:t.
Szc. 309 (a),In carrying out the provisions l j
and Such notice shat! contain fuch laformatian of sections 301 through 300 with regard to (2) the estabitshment of a federally owned as the Secretary considers appropriate cod. any faculty for the interim storage of spent; and operated syttem for the interim storage carning proposed terms af4d conditions tV fuel from cifulan nuclear powerplants which ;
of spent fuel at one or more away from. such contracts.
4 reactor facultic.
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CONGRESSIONAL RECORD-SENATE -
July 30,1J80? ' $::=-
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S 10268
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(2) placement in deep ocean mediantasms N'
the Secretary is authestead by aestaan 308(2) and high-level radiesetage easte,Sor the r
.(3) f *=mam* teL sery deep das!L heten:
d W Beaume; se construct or esgutse. the Beeseary ahtut (et poortse ser the asady natatsraL et any. (4) paa,a-a=t in a aatmea enemy in a man-
' " but nas laser (1) as soon se 7 spans fust end luish 4eveL =maae*=Te waste ner which leads te veeh metssag; tun 90 days after enessmaus et this amesaan, for further pseenmanas e diepeant by an al-(8) partitiantny of reproceau ng waste, gtufy in writirs the Governer and the legte-ternstig 6 and tranamutauon of radienneudes, and geologic 12ture of any state in which taloomsed e,po-(d) eafety soneman such Mgh-4evet mdlo-41mponal of radioacttse wastem; and y-etse foreach sL sacutsy or active waste and opent fuel ao leag na tasy (8) ejection inte space.
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sentinDy ;_
an existing facuity a
"""y entable for be necemmary by means of naan=*a====aa in-(c) The pengzams to be entried out under m = 'a=
interun storage of spent feet et his chutans. bus amt ue.as to, -pa===-n* as suh=ae'1aam (m) and (b) *=as%
(1) -nae = et teemune essa eaut east.
k toinvescngase that ste or factusy; aseenmary.ec emch sacststy.
(2) durtng the sourse et tavaeram of asc. 408. De propomat shalL *=m8=h -
ronmental inforanaston shaus pesamtsat dis '
sue.l. site or facu8ty. beep the Governar and (a) the genesnt ama=*retaa soms ear.imaten. poest ases; progress of wah and results et 2 and sonstruessan mohedute tor a system which (24 diamma=*==Ha= at funda=aad adens ths tegnatature surresuy insurmed of that
- aba4L be tatsinny desatand $or a capacity ade.- 11Ac infersnesaan.
quase et a ammelmusua te rosesse in e611analy (2) development, un4pute, and salideaton inveaugation:
(3) at me time of selection by the Secre.
war waste pro-of piedicupe models.
tary of any site er emisstag facauty. but prior - manner the bet >4eest =diaaendeced by au sagotag env11 sam nuclear M) aztenstua, independent objeettse re-to undertaking any.-= pae wart or al-snes and the spent feet tsom the operation of terauona. promptly nouty the Governer and alt ekstuen nuatear
. - ser ethnch proposed facRiues and operstaans tanoash 27 legislature in writing of sudt selection; ang opphammelan for any FedesmL Dennae or m_
the naaa=8ag peasans, throughout the soures of any W parats hoe bema reembed prior to the date (s) prastammt==pa=4anan inetaling enreful
- (4) eequent work on that ette or esteting factury, af me==eamant of this Act and anon 1toring at radioacuve waste isolation turnish the Governor M1 relevant infoms.
(b)=== ap.ame maaigna spectScations, and systerns, tion on a current basis and provide htm witta enes==+-- adaquara to soucit hids for the (8) a damaea+=*ad==pahmey to take any
& opportunity for renew and cosr. ment enmetructica of an inlual faciuty within the. needed correcstve or gnitigaggg ggggggg; ggg systems watch wun a===~ase the fanathutty (7) an ongoing rensarch and desalopment frtm utne to uma, (b) If w:tMn a reasonable stme after the of long-term retnevable disposal of apant program to i===== the esase af knowledge Ocrernor has received notice of selection re-fuel and high-levet radtaneuse waste and about the disposal of nneta=* unste.
quired by subescuan (a)(3). the Governor wMch has capactry of at least one thousand (d) The Secretary ahau==.past to the Con.
noutes the Secretary in wtrttng of his ob. spent fust soda along with a venune of proc. gress his Andtags and... -...- re-Jeeuons to the facanty. the secretary abs 11 eased high-levet radtamense waste from civil-sultang from the program entha*=d by this suspend forther warh on such faciuty and tan actinties umated to the amount sulBcient amonon, as follows-promptly transmit the Governor's objecuane to accompush the purpose of this subsection.
(1) as a part of the annual report required together.with ca Secretary's commente and Esc 404. In formulating the proposal, the by section 857 of the Department of Energy rscommandations to the President.
Secretary ahan consult with the C="han Organtaaman Act (91 Stat. 865) the Secre.
(c) Unless within ninety days after recetyt and the Enstronmental Protecuan Agency, tary shan report emncerning the status of of tbe secretary's noulu: amen under subsec. and shan tmnasnit their
. ~.. on the the program; and tion (b) the Praaidmet determines that such anal propanal te the Consnes togemer with (2) from time to tiens, the secretary ahan faculty la==amm to the national interest, the pmpanal, make recommendations arising from his the Secretary shan terminate acurities spe.
sac 405. (a) Pnparacon and tansatttal st.udies concerning the advisanuty of modi.
c:Sc to the facuity, such determinacon abau of the proposal to W Congress is not a snapr fring or repnnctng the *=ehnatary adopted not be subject to judicial or administrative Federal action algt Scantly affecting 2e en*
under secuan 402 of this Act, gg,,,
c M Sec. 50L (a) Dare is hemby established in the h des Policy Act of 1969 (83 5:st. 852) but an en.
SM Treasey M 2a United 5*.stes a separate of the shan have the right to be currency informed nranmantai======maet 2.a". be prepared on meant to prende for U) 2e comouon of au relevant facts and matters, and shan m pmpoemi to acconnpany such w-- -w and opereuon of Federal awar-trean-rometor have access to su' relevant documents, and based upon avausble informacon regarding intenm storage facinues for spent fuel, (2) have the right to review and comment on alternauwenatagnes for wasta dispoest the dieposal of such spect fusi or high-level such scatters from time to tame.Sec. 310. See:1on 202(3) of the Enarty 31e. tion of the inizial facmty, the requtrementa h and W (b) h Corgresa nuorizes construc. radiomettve weste frem cientan nuclear activ.
organization Act of 1974 is amtnded to read! of m Natanal EnnranmanW Poucy Act h M such p fuel or weem Aznnats a(3) FacuJues used pcmar!!y for 2e re. than apply, sacept est any annronsnantal appropriated nuder secuen 306 or otherwise ceipt and storage of high. level radioactive impact statomsat in connection with such approp-tated to the Seentary to carry out wastes or spent fuel resulting from activities facutty need not consider any alternauve to any of h purposes of titles IU.IV and V of licensed under such Act or spent fuel from the design criteria set forth in section 402 of 21s Act Hucept escuon 406), au charges un.
foreign reacto.s transferred under a subse, this Act me may have been amended by such der meetton 304, recetpts derived from the sale arrangement authorized under such Subsequent congr===inna3 authonzauctL of sty nprocessed fuel sto the proceeds quant (c) Any fac1*.ity an*Jnorized under this titie !mn any obugstions issued pursuant to see.
Ac[* $. 311. Transportation of spent fuel un.
shan be nbject to a ucenas under secuon tion tc2 of this une shan se depostied into g
der section 303t a) shall be subject to ucene. 202(3) of the Energy Beorganization Act of W account.
by the Commiamun as 1974 (as stat.1233), except that in its con.
(b) To the scent or in such amounts as ing and ter attan m
provided for transportation of ccmmercial sideratinn of me application fUed by the are pmnded in appropdauons Acts. Ce Sec.
f spent fuel under existing law.
SecMtan for m initial faculty, W Cem.
M*.an may draw on neh acent to carry TITLE IV-DISPOSAL OF 3CGLLEVEL 2188% InaT not consider any alternaun W out the purposes of utles III, IV and V of RADIOACTIVE WA5TE RESCLTLNG the das1Cn criteria set f rth in section 402 this Act fezerpt section 406)1 Prorided, TROM CIVILIAN h*UCLEAR AC'..'Y. TIES of this Act bue shan comply wt2 the re.
That the Secre9ary snau not construct or Sec. 401. It is the policy of the Pad==al Gov. qu!rements of the 11 censing process as other. acquire any major nuclear waste f aculty un.
srnment to provide, consistent w*.th section wise provided by law.
less the specific expenditure of funda for the 301, a federany owned and operated system Bac. 406. (a) The Secretary shan continue initiscon of such construction or acquisition for the disposal cf all highrlevel radioactin rad accelerate a progrsm of research. devel.
la espucitly approved in an appropriation waste resulting from civuian nuclear activi* opment, and demonstration of the geologic Act.
disposti in mined repositories of high4evel Esc. 402. Within one year afterthe date of radioactive waste from civilian nuclear Sec. 502. (a) To carry out the purposes -
ties.
with the objective of sub. of this Act the Secretary may borrow money the enactment of this Act, the Secretary ahan powerplanta,m!tting to Congress and the Commission alte from the Treasury of the' United States transtnit to the Congress a proposal for a erstem consisting of at least one facility for charactertzstion reporte for construction of amounts provided in Appropriation Acts, but
- he disposal of high. novel radioactive waste at least one demonstration repository by Dot more than 6300,000.000. The Secretary and the Secretary of the Treasury shan agne
- esulting from civilian nuclear activities. January 1,1935.
(b) The Secretary shan also continue and on terms. maturities, and conditaans of the Such facilities shan be destynod to--
(at accommodate spent fuel froz L civilian accelerate a program of research, develop. obligations, but the maturitias may not truclear activities without Mprocessing. as ment. and investigation of alternative tech
- more than thirty years. The Secretary may redeem the obugations before maturity. The wen as the high. level rsdioactive waste from nologies for the disposal of high-level radio. Secretary of the Treasury shan decide the other civillan nuclear acttvittem. Including active wastes from civilian and national de.
tr'erset rate of the obligations considering reprocessing of such spent fuel if such re* fense activttles. Such program shll incivde tue average market of outstanding market.
processing is undertaken in the United
===whataca of vartous waece diaposal op.
able obligations of the United Statas Govern.
tions including, btre not 11mited to-.
States; adgemosG technologies for the long. ment of cornparshle matursties during the O) month before the obligations are tasued. The (b) permit continuous monttoring. man. term retrievable storage of nuclear waste!
agement, and maintenance of the spent fuel
(
M
~
~
9_
1
. uly 30,1980._
,. 4-CONGRESSION L RECORD-SENATE
- S 10269
,a c'
A Only the Governor of a stateJa eugihte for and such recommendations for remedial ao. designanon as Chairman of the conner; l
interest payments on such'thugations ammy tions ont regulatory storms as the secre-be deserved with 2e approve w the asee-tary considers approprhte to assure pro-rowcrano ce m coomen, tary of the Treasury but any interest pay = taction of the puhuc health and eagety tran Sac. 703. The Council shall provide advice ment so deferred shall bear interest. Such wastes transported to such attes; and rennmenandations to the President, the obugauons than be issued ' in amounts
, (3) evaluates the transportation requin-Secretary of Energy and, as appropriate, and at prices approved by the 800-monts on a regional bants and in compart-other Federal agencies, the Congress and the retary of the Treasury, The Secretary of the een with performance of present transpor* State and local governmenta and Indian Treasury shau purchase any obugations of tasson practices for the shipment of low
- tribes on uudear waste unanagesnent (in. -
the Secretary tenued under tble section and level nuclear wastes. including an invetory cluding management of spent nuclear fuel).
for this purpose the secretary of the Trans-of types and quantitles of low-level wastes, In arrying out its adynaon funcum the ury is authorised to use as a puhuc debt an onausuon of shipment pquinments tw Council shall---
transaction of the United States the pro-each type of weste and an evaluation of the (1) recommend procedura1 =Mankma for omeds from the male of any securtues issued abutty of genom shippers, and carriers reviewing nuclear waste management plana under the Second Liberty IAan Bond Act. to most such requiresnente; and programs in a way to ensure the timely Secursues may be lasued under that Act to (4) besluates the capabutty of the Depart
- and efective involvement of State and local purcheme obugnuens from the Secretan un-spent of Energy owned and operated low
- gowrnmente and Indian tribes; level Weste 8"*Paa*1 fac111ttes to provide in-(3) review the development of the National der this eeotion.
m' (b) Appropriations snade available pur-terim storage for ecumercially generated Nuclear Waste Management Phn and pro-suant to secuan SOS of this Act and any other low level waste and =anmaha the costa easo-vide recoenmendauons to ensure that this approprisuons snade to the Secretary to cisted with such interian sw. and plan adequately addreenes the needs of the carry out the purposes of Titles III. IV and (S) Feoommends additional research and State and local areas afected; V of this Act (except section 406) shall be development. as needed.
(3) advise on an aspects of stung faculties repaid into the General Fund of the Treaa-(b) In carrying out this esetion W 8ecr**
for storage and disposal of nuclear wastes, ury out of the account, together with inter. tan ahan consult with he Oownm of the including the review of reaam-nded cri-est until the date of repayment at a rate sewal States, the Nuclear Regulatwy Com* teria for site selection and site au".abinty, determined by the Secretary of the TMa*"*y the Environ nental Protection guidennes f or regional siting, and procedures taking into consideration the average fe. 2niasion, Agency, the United states -Ooologica! Sur'.
for alte characterisation and aslection;.
ket on icng-term obligations of the Un..ed vey, and me Departenent of Transpwtamn (4) advise on an appropriate sole for State States during the Sacal year in which such and such othe agendes and departments as and local governments and Indian tribes in appropriations are anade.The Secretary shan he Ands approprhte.
- the 11oensing, permitting, regulatica, and repay such approprhtion together with in.
(c) The pmeistons of this Act shan take operauon of nuclear waste repositones-terest within thirty years from the time et ofoct on October 1,1980.
(6) advise on proposed Federal segulations, which such appropriations become available Sec. 603, he BecMtary of Enwgy is au-standards, and criterk related to nuclear for expenditure & Iter the date of enactment thorised and directed to provide to the sev-wasu management programs; and of this Act, no appropriations to the Sec. eral States ena.ncial and technical assist-(6) identtfy and make recommendations retary are authorised to carry out the ance to carry out the policy set forth in esc
- on other matters rehted to the transporta.
purposes of Titles III. IV and V of this Act tion 601 of this Act.
tion, storage, and disposal of nuclear waste teacept section 406) unless the amounts TII-ESTABLTmMENT, MEM31'R* that the Council beneves are important, TITLE appropriated are deposited into the account SHIP. AND F' UNCTIONS OF STATE PLAN.
Mrruoarry or m com estabushed in section 501(a).
NING COUNCIL ON NUCLEAR WASTE Sec. 704. De Council shan have the au.
Tm.E VI-LOW LEVEL WASTE asvamswurwr w Txt cowem thority to--
Ste. 601. (a) It is the policy of the Fed, Sec. 701. There is estabushed an advisory (1) designate special advisors; (2) utuire, with their consent, the serv.
eral Government that-committee to be known as the State Plan
- ices, equipment, personnel, information, and (1) each State is responsible for the dispo*
sal of low-level radionettre waste generated ning Council on Nuclear Waste (beMinafter f aculttee of other Federal, State, or local pub-referred to in this Act as the " Council").
by non-Federal related activities within its lic agencies, and Indian tribes with or with.
stracasssarIP or Tut cot *wcm out reimbursement therefor; borders; low.levet radioactive waste can be Sec. 702. (a) The Council shall consist of (3) #Coept voluntary and uncompensated (2) most safety and at.ciently managed on a eighteen members. Fourteen snembers shan semcos; be appointed to the Counci! by the Prest.
(4) enter into contracts, leases, coopers.
ngtonal basis-(b) To carry out the policy set forth in dent. Of these fourteen members, eight sha!! tive agreements, or other transactions neces.
subsection (a), each of the several States, the be Governors. Sve aban be State and loca! sary In the conduct of the Councu a func-territories, and possessions of the United sleeted oscials other than Oovernors. and tions, with any pubhc agency, or with any States and the District of Columbia, are nu.
one shall be a tribal government represents, person. Arm, asacciation, corporation, or thortred and encouraged to develop and sub-tive. The remaining four members of the educational institution; and Council shan be the Secretarine of Energy, (5) transfer funds to and accept funds
.mit to the Congrees, for subsequent review and consent, agreemetts or compacta Mth Interior, and Transportation, and the Ad*
from Federal agencies to discharge Council any other State or States relatir.g to the ministrator of the Environmental Protection responsibinties as set forth in sectics 703 eston Agency. The Nuclear Regulatory Ce of this Act.
management and disposal of low level radio-active waste on a regional bt.sts. Compacts or than participate as an observer tu Council Prasowwz:. axe aonttxsamarrow agreements made pursuant to this Act may activities. Of the snembers of the Councu se-Stc. W5. (a) Members of the Council in.
restrict the use of reglocal dirposal facili. Aceted frcm among elected cScials, seve" time to the disposal of non-Feders.1 low-Mel shan be appointed for a one-year term and cluding special advlaors, who are not other.
radioactive waste generated within the re* seven shan be appointed for a two-year tem. wise full-time employees of the Federal Gov.
Appointments, or reappointments, at the at*
einment, shan receive ho cotopensation from Sec. 602. (a) In OMier to assist the gg,ges piration of the initial terms shan be for the United States by virtue of their service OCR-in carrying out the polley set forth in sec. terms of two years. Appointments to 211 a on the Council, but all members may receive tion 601 of this Act, the President aball pr vacancy occurring befrre the end of a tem the transpettation and travet expenses, in.
- pare and submit to Congress and to each o shan be for the balance of the term. No cluding per diem in Meu of subatatence. au.
the Afty States within one hundred and member who is an elected oscial may con
- thorized by law (5 U.S C. 5702 and 57C3)'
twenty days after the date of the enactment tinue to serve on the Councilif that member (b) The Chairman of the Councu may -
of this title a report which-ceases to be an elected oscial. The Chairman appoint and Ax the compensation of a sta2 dennes the disposal capacity needed with the concurrence of the Council may ap-director and such additional persons as may for present and future low level waste on a point nonvoting special advisors to the be necessary to discharge the Councu's p-(1) sponsibilities. The Director and s:a pet..
Council.
sonnel shan be appointed in accordance
- 2) )
fines the status of all commer.
(b) in appointing snembers cf the Coun.
cial low.tevel nuclear waste disposal sites, cil, the Prestcent shnu endeavor to ensure with the provisions of title 5. United States including those located at.
representation of a broad range of views with Code, covering appointments in the com.
(1) West Vaney, New York' respect to nuclear waste and spent nuclear pecun so m ee and abould be paid in accordance w!th the provisions of chapter (11) Masey Fists, Kentucky' fuel management and to ensure represer,ta. 51 and subchapter III of chapter 53 of such (tu) hty, Nevada ~
tion of geographical areas which are uJers title relating to classiacation and General (tv) Shemeld,311so1a, of nuclear power and of geog sphicel areas Schedule pay rates. In sodition, the Counct!
(v) Richland. Washington, and which an serving or may be likely to serM may obtain the services of experta and con.
Barnwen South Carolina:
sa locations for nuclear waste and spent nu.
(B) includes an evaluation of the license clear fuel storage or dispcsal or which may sultante in accordance with section 3109 of (vi) status of each such site, the state of opera. be directly or substantially afected by those title 5. United States Code. but at rates not to escoed the mmmum rate of pay for CS-tion of each site, including operating history,. activities.
- 18. as provided in the General Schedu:e en analvsis cf the adequacy of disposal tech, (c) The President shan designate one of under section 5332 of title 5. United Sts'.es nology employed at each site to contain low. the 2nembe s of the Council as chairman, level wastes for their ha::arcous Inet!znes, 5
l
c s.
~
S 10270 CONANWAL RECORD-5 ENATE Isly 30,1s80
. Cod ' Anya personP emo are Pederal em-m.==d may sorther modtry thed=tt. nan m. asp.cu oc u a pree.ot ta,t en an,'
playees subject to the etet1 servise laws and as lee densam eppropstene, pensacial tempact a 23 pahtse bonith and (3) P=a-a$= eC 1lhe pubatz health and astery, (3) = n,**=- zm= and aestaates rigu11tions at the stans et appatatment to entory shau.ha Serement ammeg tha instosa concerna assLebj rie=a of the Mausew Panet, th3 staK of the Council aball retain civil service status without interruption or lose to be weighed by theame=rmeyla preparing with regartL to such aspects of the projecs tf status or privilege whue employed by the the dssts Plaan and by the,Pseendent in re.
on an ongoing baals and. (C) warts dingent.
stewing the esatt Plan..
17 and cooperativeLT to resolve such concerna Counc1L (c) The Dire: tor and staff personnel may (4) Isot Ameer than Mnacle 1.1982, and and obj -Hans 1 of one suommedtng yeau thesmatter.
le) "Ibemae=rary asasL tha BW Re.
um ch meente travel and transportation expenses, throustL Marcia 1, 2988, the Secretary shan enew Panal aban ammet to m ta'*= 2e agren.
tneluding per diem in lieu of subsistence.
sabasis the Anal varescat of the Sta:L for the ment required by sphaectamus es) not later authirised by law, (d) A vacancy that may occur on the next amant yearto ttas Congrams, than one year altar me dass at normeran Councu shau not afect its powera or func.
(5) Any ensmanttaa of eitherHause af Con. nneer subsecuen ta). 'the Secretary staalt re.
cons but shall be A11mst in the name manner grams repauttag e han sushortstag funds for port to the Congremes ammantly thereafter on in which the originst appointmant was aticlear waste and spent nuesear snel man. the status of the agresesens approved un.*
agement actnettles ahan =nMar the Plan der subasetism ec). Any separt a the Con.-
(e) The. provisions of the Federal Adv1 and may apestfy in ang report ma==npa nying gress on the status of naynemr*= under
- made, I
sory Committee Act (5 t1.8.C. App.1), ex.
such b!11 the essent te which such proposed subsectaan (b) or the ap -n.n, under sub.
anc:1on (c) by the
=*=r==y aman be accosn.-
a cept as Lncaneant wis1L this Act shall authorisatisais annaistens with the Plan.
(4) In inaus et propering an annnat Pian paniasL by====ata solactsed by the Secre.
l apply to the Council.
for any Sean1 your hilemeng 1982the Secre. tary tross the3testow Roast,.
,(ff The Secretarias of Energy, Interior.
t.nd Transportation. and the Administrat&r tery anay prepare an update of a previous
,,a,,,,,,gy,,,,,,,,
cf the Environznental Protect.on Agency Plan, identifying any changes hL current and Ssc M N M M h u m h.
sht.11 designate one ofBeer to act on his be.
future Podenal nuclear waste and spent nu.
g' g
t t
t1 n half to attend each meeting cf the Council clear fuel mannagesnans activstles from those ac ie at a r more sn 8*
as provtdad in secuan lo of the Federal demeubed in the previous Plan. Such updata spectS P shan be subject to all the procedures of this that to m" d#~d-d Advisory Committee Act.
title applicabna to annual Pians.
repository davancpment acurtues any such atrrm-r or arraorasatsoms TITLE IX.-COOEtDINATION OP STATE RE. site be selected as the locauon for a reposi.
,Stc.106. There are authorized to be ap.
VIEWS AND DEPARTMENT OF ENEROY tory, the Secretary shs3 prepare and submit propris.ted to carry out the provtsions of REPOSITORY SITING. DEVELOPMENT. to the Congress a Proposed Site IWport de.*
this u*1e such sums as may be necessary.
AND LOADING ACTIVITIES scribing the alte in question, the alterna.
Notwithstanding secuan 626-1 of title 81.
tives considered, if any, and his reasons for United States Code, the Department of traTE Wor rsemTrou the seascuon of the proposed repository site Entrge shaa transfer funds appropriated St. 90% (a) The Secretary shan identify from among any such auernauves.
pursuant to this authorization to the Coun* the E:ates with one or more potanusuy ac.
(b) The Secretary shan not undertake cil to carry out the purposes of this Act-captable attas for a repository,inctnding test funber work toward the development of a disposal of high-level or transura2nc wastes.
" W PW W M MW EXPraaT2cw or atroonzrr within ninety days of such identiacation, or ton (a). including the preparation Sec. 707. The Council than cease to erlat within ninety days of ae==at of this Act' of any necessary Hanse app 11mcion for any ten years after the date of enactment of this y
g such npositwy, untu forty.cte days of con.
j
^*
State legisistun. and the Tribal Council of tinuous sassion (as deaned in sec*.*on 905)
TITLE VIII-NATIONAL NUCLEAR WASTE any a5ected I.ndian tribe in any afected shall have elapsed foUning his submission MANAGEMENT PLAN State of the potenz:any acc(; table sites to the Congress of the Proposed Site Report sarasL2anurwT or sa: zonal wucLEAa wasTt within. such Stata, Spected in suhmn (a). The Congress by M-~T rza (b) Each afected Stata and afecsed In. concurrent resolution may walve this time dian tribe not2f'.e4 undar subsecuan (a)
Szc. 801. The SeN. in consultation shall have the right to parucipate in a g
with the State PMWV Counc'.1 or Nucleag procas of conauttauon and concurunce. SWss of the Propcmed Site Repon spec 1 Sed in Waste. the Nuclear Reguistory Commission. based on public we and safety concerns subsection (a). the Secreta sha,u the Counct! on Environmental Qual 2ty, the In su stages of the planning, stung, deve2p.' draft of such report and aciicit th y ews Director of the O! Bee of Science and Tech. mut constmuon, and operaton of a n.
thereon of cology Poucy, the Administrator of the En.
Pository. De Secretary is authonzed and (1) the Repository Review Panel convened vironmental Protection Agency, the Secn. directed promptly to enter into negoutuons in the State containing the repository site'-
tarles cf the Interior. Transportsuor and with each Repeattwy Remw Pual described (2)' other We=W S Les. Includin State, and the head of any other Peeeral in title I to estabush a cocpamuve agne. spec 11cm3T. the views of the Governor (or agency or department designated by the ant under whAch the Repository Review other ty;ropriate Stata or.ciale as Inay be Prssident than prepare an annual nuclear Panel may exercise such right. Pubuc specitta by State law) of other adjacent waste t-anagement pian for tne " scal years participation in the negocation of such States.1 -t the Secretary deter:r. anes may be 1932.1GS3.1964.19&$. and 1988, demeribing and agreement shan be profu:sd for and subsung mg y a "U[ dinctly current and planned Federal acttvtttes for E
6'C" 'TY EL" re a
e proposed site; n ana ng nu at waste and spent nuclear tion with the States and Indian tribes. sha!!
(4) the Counc0; and (1) To t.he maximum extent feasible, the develop and puhush mmtmum guidennes for (5) other Federal agencies anc d?part.
Plan shan inecrporate the views of au the C
C*P" su n
"'*t" * ***d I" **C*I D 801' above named Federal agencies and the Coun.
g deun a o an)
The Secretary shan permit at least ninety cil. If signiacant divergencies cf opinion ax.
Janure to comply with these guidelines shau days for such review and cornment.
ists among sua.h agencies. !=cluding the not be a hais for judical z'eview.
(d) The Secretary shall prepare a Anal Councu. on majorissues.the d: aft Plan abs 3 (c) The cooperaQve agreement may in' Prop 4ed Sue Bqctt W mug m indleate Where such divergencies cf opinion clude, but need not be umitad to, the shar*
comma h mm pmt w me arist s.nd shau include the relevant options ing in accordance Stth appucable hw of au tion (c) and shan submit such hnal Pro.
for consideration by the President fonowing teem and licensing informacon, the posed S;te Report together with euch com.
the sutnnisalon cf pub!!c and agency com. utuizauon of avanacie emperuse, the facil* ments to the Congrees.
ment pursuant to paragraph (2).
hung of permitung procedures, joint project a -.4.- - sa m m m e m ets
(
(2) The SecretatT shan make the draft nmw. and the formulaMon of JMnt surven.
Plan available for pubne corr:nent together lance and monitoring arrangements to carry Sec. 903. (a) The Secretary shall-with any divergent opinions (and ralevant out appilcable Federal and State laws. Such (1) at the omr:les f a==m time prior to opuonal on the Plan of the a.bove named
- P'"ments and ag="a= and of the cooperative agreement than provide pro. the intended submwan by the Secretary to D*g8,*'
cedures for negotiating and resolving objec. the Nuclest Reg'.da, tory nwa*==ma et an 1 east sixty days, and shall
%Dmf t the dra.*t Plan, revised as trans of the Rapository Beview Panelin any application for a license to con.struct the
- w.in.,
k*?-
stage of the F=anMr. siting, development. main shaft of a nuclear waste repository, or O
- D *rht of the pubuc comments construction or operadon of suda a faciilty (2) in the event that the Secretary is not
- =
President, concurrent with within the Staten Provided, hoserver. 'I' hat required by law to obtain a ucense from the of the draft Plan to the any such agr==mant shan not adect the Nu.
Nuclear Regulatory Commission for the con.
f*
ebo,e named Federal depart, clear Regulatory Communes authority struction of the mah thaft of such repost.
W!as and the Councu shan No on the draft Plan to the. under existing law.
tory, at the eartiest feasible uma prior to understaking site prepacetMn wort Imamne og,
. "%e,,*
(d) For the purpose of than part of this constmcuon of the main shaft of such Proeident shan review the title "procese of consultation and concur.
w
,u
' the comments and vtews he rence" mamaa a methodology by which the npaattory.
- "a and shall resolve any diver. Secretary (A) keeps the Repository Review prepare a Repository Development Report.
- fited pursuant to paragraph Panel fuuy and currently informed about The Secretary aban immediately not!!y the Mt?,ni '
r Q Q.
Ejd>[_
'. CONGRESSIONAL RECORD-SENATE S 10271 Jidy 30,1980 <
not undertak) site preparation' work leading "nated limits to be breached on percumtages Repository Review Penet of the State in to the construction of the vnain abatt of n ct nuel:ar waste or spent fu:2 designated in the last sentenos of subsection (g) unless which such proposed reposttory would belo:sted of his decinaon to prepare the Reposs proposed rep Report for such repository to the Gongnsa.
(1) TM Secretary shM1 report annusur to I
tory Deve&opment Report (2) In addition, if the relevant Reposttory the Congresa on: (1) the number of curies (b) The Repositwy Development Rep #t of radioactivity in domesticany stored spent f
Review Panel has filed objections to the Re-fuel sad in nondefense or civilian nucJear shall conth (1) the license application for the repost-port under subsection {d), tbe 5ecretary may waste; (2) the percentages in each re tory prvpared by the Secretary for the Nu-not file such an applicathon or undertake Regulatory such site preparation worm if daring the of nuclear waste (tn curies) trising from de-re m umton, incluaing clear any relevant environmental impact stste-sirty-day period of continuous session fol-fense activities of the Secretary in relation ments or, in the event the Secretary is not lowing submittalof such Report either ham to an other nuclee.r waste or spent toel (in required by law to obtain a license frcen of Congrese passes a resolution pursuant to curies) at such repository.
the C w^n for the construction of the section O stating in substance that the main shaft of such repository, a document containing mmraeable information and Repositoty Development Report does notSzc. h (a) he Secretary shau-sulaciently ederman State and local concerns II) "I the earliest feasible time prior to t
to permit the Scretary to apply to the Corn-aniasion for a Ucense to construct such re. the submisalon by any Federal ag ana27 sis; (2) a plan for the transport of high-level
.D or tranuremic contaminated waste or spentnuclear fuel to the repealtory, including an ' pository alon of an appuctuon for a heense to etn.
a mmam ent of =WW entire ** t -
Provided, howeocr, nat if (A) transuranto contammated waste or spent repository:
health, and safety impacts and a descrip-the aforementioned objections have been nuclear fuel into a repository; or tion of emergency. planning procedures; filed, (B) such repository is a repository pri.
(2) in the event that such agency or de-marily for tho disposai of high4evei or trans. partment is not required by law to obtain and(3) any plan to provide financial assist-uranic contaminated wastas produced a license from the Nuclear Regulatory Com-ance to State or locat governments or inAlan through the defense activities of the Secre. mission in order to emplace signincant quan-tribes with respect to hedth, safety, envi-the President notiaes both titles of high-level o-transuranic contam1-tary; and (C) ronmental, economic, or social impacts arts-Houses of Congress in writing at the time of nated nuclear waste or spent nuclear fuel ing from the proposed repository.
submittal of the Repository Development Re.
into such repository, at the earnest feasible (c) The Federal agencies and departments port of his deur=1 nation that devalopment time prior to beginning the emplacement of named in section 801 aban assist the Sec*e-of the repository is assential to promote the such waste or spent nuclear fuel into such tary by coordinating with-the Secretary's national security of the United States, then a npository, preps 21Ltion of a Repository Development Re-the Secretary may proceed with such alte prepare a Repository Loading Report with port for a proposed repository, the prepars-preparation work and may proceed to apply respect to such repoalto y.
tion by such scencies and departments of to the Nuclear Regulatory CoWamion for a (b) ne Repository Loading Report pre-any pertinent Environmental Impact State-ucense to construct such repoaltory, or if pared with respect to such repository shan i
ments mandated by the National Environ-such a license is not required by law, to contain the information required in the Re-mental Poucy Act so as to avoid unnecessary proceed with construction of1such repository pository Develcpment Report prepared with delay and duplication of efort. Nothing in unless both Rouses of Congress shall within respect to such repository appropriately up-this title than be construed to relieve any sixty days of continuous session pass a reso-dated. *fte Erpository Loading Report for Federal agency or, department of any duty lution stating that in substance that said such repository shan identify any significant imposed by that Act.The Secretary shan prepare th,e report does not susciently addnss State and diferences between the pl (d)(1) local concerns to permit the Secretary to ap-and analyses contained therein and those Repository Development Report with respect ply to the Commission for a license to con-presented in the Repository Development Rea to such proposed repositcry in close coopera-struct such repository or,if euch a license is tion with the sppropriate Review Panel and not required by law, to proceed with cona port prepared Mth respect to such repost-tery. Special e=phasis shan be gtven to as-stau inco porate the views of such Panelin-struction of such repository. ybr the purposes sessing the signiacance of information col-to such Repository Development Report to of this proviso, a repository primarily for lected during the course cf the construction the disposti cf high-level or transuranic the maximum extent feasible.
(2) The Secretary shall also consu2t Mth contaminated wastes produced through the of the repository to tne analyses of the anticipated environmental, hecth, and the Governor (or other appropriate State of-de!cnse activities of the Secretary is one safety impacts of such repository.If the fore-f.ciais as specified by State law) of adjacent designated by the Secretary in the Repos1-States that the Secretary detednes may be tory Deve;opment Report covering such re-gelsg information is contained in an appH-cation prepared by the Secretary for a license directly and substantiaUy afected by the pository to conts.in an amount of such high-from the Nuclear Regulatcry Ceuion to reposito-y described in the Repostfory Devel-level or transuranic wastes which is ninety opment Report and Mth the governing bodies per centum or more (in tenns of curies) of load high level er transuranic of Indlian tribes in adjacent States that may the total amount of nuclear waste and epent waste or spent fuel in such repository, then be so afected and shall!ncorporate the flews fuel to be placed in the repository, and in such application may serre as a Repository of such oSc!als into the Repository Develop-which any nuclear wastes or spent fuel from Loading Report.
mest Report to the maximum extent fes.stble. nondefense and licensed activttes is limited (c) The Secretary shan-(1) prepare the Repository Leading Ee-(3) Upen cornpleting the Repository De-to 2 per centum or less (in terms of curies) of port with respect to such repocitory in c velopment Report, the Secretary than submit the total amount of such wastes and spent cooperation with the Review Panel of the the flepository Development Report to the fuel in storage in the United States at the State in which the repository is located and Review Panel for f nal review and to the Gov-time of such designation.
ernor (or other apprepriate State c= cia.ls as In the event that ettber House of shau incorporate the views of such Panet may be specified by State law) of adjacent Congress passes a resolutica as rpecited tn into such report to the rummum extent (g)
States that may be direct!y and substantiany (or both Houses pass such a feas!ble:
(2) the Secretary shan also consult with paragraph (f) afected by the repository described in the resolution pursuant to the profiso in pars
- the Governor f or other apptcpriate State c=-
Repository Development Report, and with graph (f)) with respect to a Repository De*
the governing bodies of Indias tribes in ad-velopment Report the prohib!tton set forth cials as spec! Sed by State inw) of such jaceut States as the Secretary detennines jacent States that may be so afected, and in subsection (f) thati remain in ef ect until may be directly and substantituy afected by ahan tnate the Report available for pubuc such time as--
the loading of the repository described in comment. The Secretary shall also so!! cit the (1) the Secretary th&U have submitted to comments of the Council on such Report.The the Congress a revised Repository Develop-the Repository Loading Report and sh incorporate the views of such of5cials into Secretary shan snow a period of ninety days znent Report with respect to such repeattery.
the Repository Loading Report to the rnaxi-for such cociments. The Repository Review and (2) if the relevant Repository Review mum extent feasible 1 and Panel shall fJe any formal objections to the A
(3) upon completing such Repository Report before the completion of such ninety-Panel has fled objections to such revised Report under subsection (d) and the fc11ow* Loading Report, the Secretary shall solicit day period.
(e) The Secretsry shall submit the Repost-ing sixty-day period of continuous session comments on the report h tory Developrnent Report for a proposed rea elapses without either House or both Houses W the Re*w Panel, pository to the Congress, togetber with the of Congress. as the case may be passing a (B) other interested States, including objections of the speropriate Review Panel.if resolution as spectSed in subsection (f) with rpec!ScaDy the views of the Oovernor (of any, the comments of other interested States, respect to such revised Re}waltory Develop-other appropriate State otScials e,s may be including spectScally those of adjacent, di-ment Report, spec 1 Sed by State law) of other adjscent rectly and substantially afected States, and Each revised Reposttery Development Report States that the Secretary determines may be such other comments as the Secretary has shan be prepared pursuant to the procedures directly and substantiany afected by the received with respect to tuch report.
set forth in this secuan and in section 1003 loading of the repository, (f)ti) The Secretary may not file an sp-perW6g to the preparation of Repository (C) the pub!!c, plication with the Commaelon for a 11 cense Development Reports.
to construct the main shaft of a repository.
(b) The Secretary shall not allow desig-(D) the Council, and or if no such license is required by law, may
,.fL 2.w. w w.
~
S 10272 CONGRESSIONAL RECORD-SENATE
- July 30i 1980C"%f.,i-T w-c ;
(E) the other Federal agencies and de.
theses. being included if the Secretary has ' as the case may be, to the procedure relaung y 1. *m" Y
partments named in section 301, amended the report pursuant to tubsection to e resolution with respect to o reorganha--
tion plan shall be decided without debate, 905(b).
The Secretary shall allow a period of ninety Sec. 909. (a) No later than the first day Brc. 912. In considering any Repository days for the receipt of such commenta.
of seaalon fonowing the day on which a Re.
Development Report subrnatted to the Con. ',
(d) The Secretary may not emplace sig.
niacant quantities of nuclear wastes or spent pository Development Report is transmitted gross pursuant to this utte, the Congrees may ~
nuclear fuel into any repository, unless and to the Eme of Representatives and the obtain the views and comments of the Nu..
Senate under section 905. a resolution, as clear Regulatory Commtanton on such report.A. ;G.
until the Secretary shall have submitted to deSned in 6ection 908, than be introduced "Its provision of views by the Comminston,.. n the Congress a Repository loading Report prepared with respect to such repository, (by request) in the House by the chairman shall not be construed.as binding the Com.. -
of the committee to which the Report is re.
misalon with respect to any licensing action"
-g together with the commente of the appro.
' priate Nuclear W aste Repoaltory Review ferred, or by a Member or Members of the per:.aining to the repository which is the Pan:L and a period of forty-Sve days of con. House designated by such chairman: and subject of such Repository Development - -
w-tinuius session of Congress (se defined in shan be introduced (by request) in the Sen. Report.
sectics 905) shall have elapsed. Congress may ate by the chairman of the committee to Esc. 913. The passage of a resolution by by concurrent resolution walve this forty. which the Report is referred, or by a Mem. the Congress pursuant to this tif,lo shau in %
ber or Members of the Senate dealgnated no way be considered as binding with respect
- P Ave-day period.
to any licensing action of the Nuclear Regu.
by such chairman.
cowcatastowat, arvtrw Paoczntrats ros (b) A resolution with respect to a Repost. 1 story Commiaston pertaining to the repost.,
+
amarroar orvemENT amm tory Development Report than be referred tory which is the subject of such resolution. Y.%._.
- l sec. 905. (a) The Secretary shall have a to the appropriate committees of the Bouse trrscT ox oTus:a t.aws
- Repository Development Report delivered to and Senate (and au resolutions with respect BEc. 914. (a) Nothing in this Act shall af.
both Houses on the same day and to each to the same report shan be referred to the ect the sumonty of 2e Wclear Re.uiamry Hiuse while it is in session, sazno committee) hy the Prealdent of the Commisdon M Heense and ngulate high.
(b) Any time during the period of thirty Senate or the Speaker of the House of Repre. lent or transuranic contaminated waste or cal ndar days of continuous session of Con
- sentatives. as the case may be. 'Its mmmit.
spent nuclear fuel swage and disposal pur.
gress after the date on which the Report is tee shau make its recommendations to the suant 2 secuon 202 M h hergy Reorga.
transmitted to it but before any resolution House of Representatives or the Senate re-
"D
- 8 "'** "
al pursuant' to secu'an (escribed in section 908 has been ordered spectively, within forty-Dre calendar days of spec n atma reported in either House, the Secretary may continuous session of Congress fonowing the 201W of such Act.
mat 3 amendments or modifications to the date of such resolution's introduction.
(b) Nothing in this Act shau exempt any r; port, to address any concerns raised to it Sec. 910. If the committee to which is re-al deparunent M sgency from the m by th1 appropriate Repository Review Panel ferred a resolution introduced pursuant to Wemenu of 2e Namnal Enmonmental which modifications or revisions shall ther**
subsection (a) of section 909 (or, in tne ICIICI ##I*
eft T be treated as a part of the Repository absence of such a resolution. the hrst resolu.
(c) Nothing in this Act shan thet 2e au-Dtvelcpment Report originaDy transmitted tion introduced with respect to the same 2ony of States to inspect nuclear faculuee c.n? than not afect in any wa3 the time Repository Development Report) has not re-ma designated pursuant to State law pursuant limits otherwise provided for in this Act.
ported such resolution or identical resolu. t section 2h of the Atomic Energy Act.
Tb1 President may withdraw the Repository tion at the end of forty-five calendar days of W
intended W Developtnent Report any time prior to the continuous sesalon of Congress after its in-grant any State any amwity with mpect conclusion of sixty calendar days of con-troduction, such committee shall be deemed to the siting, development, or loading of any ttnuous mession of Cong ess fonoring the to be discharged from further consideration re W W, except as sMhany pMded dits on which the report is submitted to of such resolution and such resolution sha11 hem Congress.
be placed on the appropriate calendar of the 5re 915. In the event that the site of a Src. 906. For the purpose of the Act (1) House involved.
proposed repository is located on lands whieb continuity of session is broken only by an Eze. 911. (a) When the committee has re-are (1) owned by an Indian tribe or held in adjournment or Congress sine d.ie; and (2) ported, or has been deemed to be discharged trust for such tribe by the Federa.1 Govern-the days on which either House is not in (under section 910) from further considers-ment and (2) within the boundaries of the sesslin because of an adtournment of more tion of, a resolution with respect to a re-reservation of such tribe. the tribal organiza-thnn three days to a day certain are ex.
organization plan, it is at any time thereafter tion. as deined in section 4(c) of the Indian cluded in the computaticn of any period of in order (even though a previous motion t Self-Determination and Education Assistance I
i time in which Congress is in continuous ses-the same efect has been disagreed to) for Act esercising the powen of self-government sion.
any Member of the respective House to move as dha in mtion 201W of the Act of Orc. 907. Seettons 905 through 911 of this to proceed to the consideration of the reso-em R 1E M ban th h nghts Act are enacted by Congress. (1) as an exer. lution. The motion is highly privileged and undu this title as 2e RWM MvWw is not debatable. The motion shan not be Panel for such repository, cis) of the rulemsking power of the Senate and the House of Representatives. respec, subject to amendment, of to a motion to TITLE X-ESTABLISID.fENT MI'MBER-tively. and as such they are deerned a part postpone, or a motion to proceed to the con-g sideration of other business. A moticn to re-of the rules of each House respectively but WASTE REPOSITORY REVIEW PANELS consider the vote by which the motion is spp'.1:able only with respect to the proce. agreed to or disagreed to shall not be in EsTanLIsHutwT or wtfCt.EAa waste EEroSrroET dure to be followed in that House in the case order. If a.. motion tu proceed to the con-artzrw PANEta of reso utions described by section 908 of alderation of the resolution is agreed to, the Ste.1001. (a) Any governmental organiza-this Act; and thev sune sede other rules resolution shan remain the unanished bust
- tion, task force, council, corntn.!ttee or other oniv to the extent that they are inconsistent neas of the respective House until disposed of.
body established by State law to represent t eres.th; and (2) with full recognition of (b) Debate on the resolution, and on all such State in its relations with the Federal i
the constitutional right of either Hou*e to debatable motions a.nd appeals in connection Government concerning the siting, develop-l chanee the rules f eo far as relating to the therewith, shall be limited to not more than ment, and loading of nuclear waste and epent i
procedure of that House) at any time. in the ten hours, which shall be divided equally fuel repositories shau be deemed to be a Nu.
i came manner and to the same extent e.s in between individuals favoring and individuais clear Waste Rapository Review Panel for the th7 case of eny other rule of that House.
opposing the resolution. A motion further to purposes of this Act: Promded, however, That Sec. 908. For the purposes of the Act limit debate is in order and not debatable. such panel must include representation for
- tasolution" means only a resolution of An amendment to, or a motion to postpone. acected Indian tribes.
cithtr House of Congre*s. the matter after or a motion to proceed to the consideration (b) In the event that within one hundred O
the resloving clause of which is as follows: of other balness. or a motion to recommit and twenty days s.fter receipt by the Gover-
"That the believes, that the Repost-the resolution is not in order. A motion to nor of a State of not1Scation of the Secre.
tory Development Report re! sting to the pro-reconsider the vote by which the resolution tary's intention to study an area within such i
peaed development of a repository at la agreed to or dlaagreed to shall not be in State as a possible site for a nuclear waste or within the State of tran*mitted to
- order, spent fuel repository, pursua.nt to section Congress by the Secretary of Energy on (c) Immediately following the conclustoD 901(a) such State shan not have established
.19- (as amended by the 6ecretary of the debate on the resolution with respect by law a governmental body to represent the cf Energy on
.19-) does suficiently to a reorganization plan, and a single quoruru State as described in subsection (a), the 007-addrisa State and local concerns to permit cau at the conclusion of the debate if ernor of such State shall establish a Nuc!' ear the See etary to aptly to the Nuclear Beru-requested in accordance with the rules of the Waste Renository Review Panel pursuant to 1 story Commission for a license to conttruct appropriate House, the vote on final approval section 1002.
{
such repository or, if such a 11eenre is not of the resolution shan occur.
(c) The requirements of title IX concern.
nouired by law. to permit the Secretary to proceed with the construction of ruch re-(d) Appeals from the decisions of the Chair inn the preparation of Proposed Site. Repoel-postrory", the blank epaces therein being relating to the application of the rules of tory Development, and Repository Ioading tppropriately S11ed and the text in paren-the Senate or the House of Representatives, Reports and their submission to the Con.
O A
July 30,1980 [
CONGRESSIONAL RECORD-SENATE S 10273 gresa, and the prohibitions contained in tiue The znotion to lay Cn the table was th) ~ ~
- means to protect them-II on repository de.nopment and wnding agreed to.
- selves, acuviues of the seentary shau not. apply Mr. JOHNSTON. Mr. President. I ask Those of us who have, in the past, at-mous Consent that the W S. M tempted to explain 2e necessity of low I
a Re ow 1
Y n esta be pMated as passed.
income energy assistance ior cooling as lished in such sute pursuant to this section.
The PRESIDING OFFICER. Without well as for heating have faced a dimcult (d) A Review Panet ests.buabed pursuant to secuon 901(b) with respect to a proposed objection, it is so ordered. ;.
battle. It is easy enough to dramahw
. repository sating. doenopment, and loading and enviaton the dangecs of death from acurttles in a state shan conunue to sunc-the cold. but the menace posed by in-MOES OF TW MOR---
tense heat over a longer period of time tion unta-5 (1) the seentary formany notines the S.J. RES,185 somehow lacks impact. It is 884 to ridi-Review Panet that the Federal Government Mr. JOHNSTON. Mr. President, I ask cule cooling anktance as " air-condi-no longer intends to site. develop, or load a repository in auch state; unanimous consent that during the con. tietw aid" sad see cooling as a luxu:7 (2) the seentary formany notiam the Re-sideration of Senate Joint Resolution It has taken 2.000 destbs. 2.000 trage.
i view Panti that a Repository 14ading Re-185, the gasoline rationing leWm dies--many of them n=Um 5 drive port prepared with respect to such repository prwileges of the floor be granted to Rick home the fact one can die fust as surely has been submitted to the congrees pur-Richard, of my staff, and the following and as cruelly from the heat as from the cuant to secuan 903. and the chairman of members of the stan of the Committee on cold. In fact, Mr. President,I cannot re-
[Dj""#**'O*d""*'h'#""'I**D*
Energy and Natural Resources: Dan call an incident in which 2.000 people in (3) such uma s.s may be provided by the Dreyfus, Jim Bruce. Ben Cooper, Mike this country died from cold in the course 1:ws of the state establishing the Renew Harvey, Steve Hickok. Dave Swanson, of a month.
Panet..
Chuck Trabardt, and Carol Garnett.
Af ter the events of the past month, I usuarasazr or arvzrw ens:.s The PRESIDING OFFICER. Without tMr* we can all agree that there is an sec.1002. A Review Panet convened pur-objection, it is so ordered.
urgent and obvious need for a program suant to section loc 1(b) shr.11 -t of-to enable low-income Americans to con.
(1) the Governor convening the Panel who tend with the sharply higher energy than serve as the Chai. man of the Panel; TRANSFER OF CERTADi FUNDS To costs involved in cooling. We can agree and FUND THE HEAT CRISIS PROGRAM that heat kills as surely as cold. We can (2) seven additional individuals from the gtate of the convening oovernor to be ap-Mr. BENTSEN. Mr. President, in be. agree that there are millions of Ameri-pointed by the Governor and to serve at the half of myself and Mr. Cmrn, Mr. Dott, cans in need of assis%nce; sad in need of a fan and the assurance that they can pleasure of the Governor. The convening Mr. Nt xx, Mr. EActrTow, Mr. MATstrx AcA, Governor shall include on the Panel individ' Mr. Etrurtas, Mr. Paron. Mr. Jouxsrow, run it without fear of bankruptcy. These unis who are local govem:nent or Indian tribe Mr. MFc, Mr. Towra, Mr. Jrrsrx, Mr. Americans do not need help in October enciais of the area under study by the De-SAssta, Mr. DourxIci Mr. CoCERAN, Mr. or Nove=ber; they need it tLday. Before
- E P"
Daroers. Mr. BoREN, and Mr. BAxra, I it is too late. Before another needless fe Nry ms 1 c1 d send a b21 to the desk and ask that it be death occurs.
(A) other oncials of the state's govern-presumed to have been read twice and Fortunately. Mr. President. we have an me ine ding members of the state legis-that we proceed to imehte consider, oppcrtunity to provide thr.t assistance.
This bill is being considered in view of ation
.'th t s e es d nts shNI$e'sIl I shall yield myself 2 minutes, if I the emergency situation confronted by so
. as to ensure represensuon of a broad range might. because I see the distingiushed people in every region of this country at-ce cf views on nuc; ear wasta repository siting. Senator from hn and the distin. tempting to cope with a heat wave un-precedented in its severity and duration.
development and loading issues, guished Senator from Florida are The situatien is as follows. The Com-rtmenows or as,rrw rawn.s present.
sec. 20c3. (s) A Review Panel established The PRESIDING OFFICER. Without munity Services Administration has ex-pursuant to section tool shan enter into objection. it is so ordered.
tended some f21 million in energy crisis c,n agreement with the secretary as specthed The bill will be stated by title. The leg. assistance grants to the various States in section 901 and snau meet regularly to re-islative clerk read as follows:
stich has not been sJnt and efective June M. can no longer be spent. The view current and planned actions of the A bul (5. 2335) to anow the transfer of Department with respect to the stung. con-certain funds to fund the heat c-ists pro. assets for urgently needed cooling assist-struction, and opera *lon of the relevant pro-ance exist but eMmot be utilized. The gram.
posed repositories within the state for which money will have to be rett *. red by the the Revleir Panel has been convened. Repre-The PFr* MING OTTICER. Withcut States to the Federal Gove~L~'ent*
unte.tives cf the secreta.y shall meet regu' objection, the bill will be considered as I
^
1arly with the Review Panel to explain the having been read the second time at to borrow a comparable amount--321 Department's activities and to obtain the length and the Senate will proceed to its million-frcm its rural development views of the Pace! thereon.
censideration.
loan fund and to reimburse the fund (b)(1) In accordance with its agreement The Senate proceeded to consider the from unused energy crisis assistance with the secretr.ry as described in section 901, a Review Panel shan cooperate closely D151-grants which must be returned from the widh the secretary in the preparation of a Mr. BENTSEN. Mr. President, when States.
Proposed Site. Repository Development and more than 2,000 Americans, most of Section II of my bill would waive the Repository lascing Reports prepared pur-them elderly and infrm, die in a month June 30 cut-oc date for best crisis pro-sur.nt to sections 902. 903. and 934.
from heat-related causes. I think we can gram gn.nts by CSA. enabling the ad-(2) such Review Panel shan, within ninety all agree that is an emergency. When minist211 tion to respond to a crisis that sb.Nity.
Ne and soc [a many of these people die because they has become apparent only during the b
cannot arord f ans to cool thmives, or past month.
sues raised in the reports concering the site or repository discussed therein. and may bold cannot acord to run up their electricity Section IIIinsures that arJ funds ex-pubhc hearings on the reports in support of bill-even when their very lives are in pended under this act will be extended such review.
danger-I think we can all agree that is to States or areas which have ex-(s) Within ninety days after the Review a national crisis of the first order.
perienced extreme heat conditions for a Panet receives any Proposed site. Repository Today, Mr. President, the U.S. Senate signiScant period of time according to Devolpment or Repository Loading Report' has an opportunity to demonstrate that CSA and NCAA criteria and contain epottot[
it can deal quickly and effectively with a signiScant numbers of low income in-co t on such threat to the well being of our constitu-dividuals whose health is menaced by for submisalon to the congress.
ents. We have an opportunity to dem-heat.
Mr. JOIINSTON. Mr. President, I onstrate that we will not tolerate a situ-So there s.re three elements to this move to reconsider the vote by which the ation in which the most vulnerable ele-legislation. Mr. President: Pirst, author-bill as amended, was passed.
ments of our population-the poor, the ity for CSA to borrow $21 million from Mr. DOMENICI. Mr. President, I move elderly, the ill-become the primary vic-the Rural Development Ioan Fund, with to lay that motion on the table.
tims of a heat wave because they lack the assursace that the Fund will be paid B
7
_ balCHUM Wa Td'6.
4 ; i.+;u 90
. c.
- m.. i,n
- -1
!!iij D&rn Coxoness l'
81sNN1'E i
I!srorrr D
' M i
No.90-548
'!#T
!!h St Session 7
s:
si.sint
' in '
E!!N 1:1-
. liihi; TIIE NUCLEAR WASTE POLICY ACT li i JANUARY 3 (legislative day, JANUAPT 3), 3DRO.-Ordered to le printed llj Filed under authority of the order of the Senate of Deceinber 20, IDTD p
.31i..loniusTox, froin the Corninittee on Energy and Natural licsources submitted the followin rin 5;"p :
REPORT iiin together with SUPPLE 31 ENTAL VIEWS
[To accorupany S. 218DJ
!Q g;
The Conunittee on Energy and Natural Resources,having considered
- l.Ci the same, tvports favorably a bill (S. 2189), to establish a lwogram for
- !i.
Federal storage of spent fuel from civilian nuclear inswerplants, to set forth a Federal policy and initiate a prognun for the alisin> sal of r
" ~ !!!!llll;:
nuclear waste inan civilian activities, and for other purposes, and r
W 7"
reconnnends that the bill do pass.
Trrr or rnr. Ihm
- ii:s!!!
The text of the hill follows:
i:!q!!p:
nn i:..
- [
That this Act may be cited as the " Nuclear Waste Policy A ct".
.i.
- .3
. ::. l!!
TITLIC I-FINI)lNGS ANI) PUllPOSIC jy:.
h,. P '
i:!; ;;
- ,h FINnlNGS N..l.!.
!..v!~
f.'.;!
~
Sec.101. The Congress Guds and declairs that-
!G.
i (a) a reliable system adegnate to provide sullicient 1
!!Ci chetrical energy to ineet the hation's cierrent and antici-pated needs is an essential part of a comprehensive na-tional energy policy and is vital to national security and public welfare;
- l:
(b) un aile.puite eh cirical system reipain s a ilisersilled ip.;
baso of prnna ry en"rgy sources in unler to avoid excessive rehance upon any single alternative energy rounv; E.
a!!
b i
53-141 - 80 2-.~-
~
(c) e diverse base of primary energy sources can 1*
gebieved only if each availablo sgpro competes on disposd of high4evel railinactive waste ;rnerated equal feating in decisions on the silmg and construct,an by civilian nuclear activities and to select a site and ion cf facilities for generating commercial electric power; design for tha first comixment of such a system; (d) nuclear energy can-(3) linance the construction, operation, and main-(1) make a significant, contribut. ion to nat.ional tenance of nuclear waste storage and disposal facilities; and supplies of electricit v; 2 offer site-specific advantages in environmental (d) accelernte the examination und consideration of im(pa)ct, cost, and fuel availability over other prnaary alternative technologies for the disposal of nuclear souices of energy; and waste.
TITLE 11-DEFINITIONS (3) help redneo thiited States dependence on.mse-cure sources of foreign oil; Sec. 201. As used in this Act the term-(c) lack of an effective Federal policy for the interim storage of spent fuel and disposal of nuclear waste from (1) " civilian nuclear powerplant" means a utilization or pnnluction facility for the generation of commercial civilian nuclear activities unreasonably burdens the choice of nuclear energy as an alternative primary power, as that phrase is used in the Atomic Energy Act g of 1951, widch s or will be licensrd under sneh Act :
source in decisions on siting and construction and opera-(2) " Commission" mean the Nuclear Regulatory tion of powerplants and unduly constrains efforts to establish a diverse base of primary energy sources; Conunission ;
4
- 3) " disposal" means the long-term isolat,on of ma-wy (f) the Fedend Government has the responsibility for ter(ml. inchiding long-term monitored storage i
which the interim storage of spent fuel from civilian nuclear permits ret rieval of the material stored; powerplants and the disposal of high-level radioactive (4) " environmental impact statement" means any waste from civilian nuclear activities in order to protect document prepared pursuant to or in compliance with the public health and safoty and common defense and the requirements of section 102(2)(c) of the National security; (g) the costs associated with the stonige and disposal Environmental Policy Act of 1969 (83 Stat. 852);
of nuclear waste from civilian activities should, to the (5) " Secretary" means the Secretary of the Depart-greatest extent gossible, he Imrne hv the direct benefici-ment of Energy; and aries of such activities and should he considered in the (G) " spent fuel" means nuclear fuel that has been
~
irradiated in and ncovered from a civilian nnelear selection or rejection of nuclear energy over alternative primary energy sources; and powerplant.
(h) the teefmology exists and is under development TITLE III-INTERIM STORAGE OF SPENT FUEL which wouhl provide reasonable assurance that spent fuel and high-level radioactive waste can he safely disposed FROM CIVILI AN NUCLEAR POWERPLANTS of and that disposal facilities for spent fuel and high-Sec. 301. (a) It is the policy of the Fedend Government to level wastes can be available when needed.
provide, as soon as possible, an assured and predictable capac-ity for the interim storage of spent fuel innu civilian nuclear runrosic imwerplant s.
h Src.102.The purpose of this Actis to-(b) The policy under subsection (a) shall provide for-(1) maximizing the storage of such stumt fuel at the (a) assume the Federal responsibility for the acepu..
site of each civilian nuclear powerplant ; and st-tion and interim storage of spent fuel from civilian nu-clear im,werplants and fpr,han nuclear activities;the disposal of,high-level (2) the establishment, of a federally owned and oper-radioactive waste from civi
.ated system for the interim storage of spent fuel at one (b establish a definite Federal policy for the disposal or more away-from-reactor facilities.
of h)igh-level radioactive waste from civilian nuclear Sec. 302. The Recretary, the Commission and other appro-activities; priate Federal ollicials shall inke such actions as t hey consn!cr (c) authorize the Secretary to-necessary to encourage and expedite the use of available rior-age at tiie site of each civilian nuclear powerplant consistent (1) acquire or construct at least one fac.dity for with-the interun storage of spent fuel from civilian nuclear powerplants; (a) the protection of the public health and safety; (2) select a technology and design for a system (b) economic considerations; comprised of at least one Federal facility for the (c) continued operation of the powerplant ;
Soc. 305. (n) The Secretary shall pmvide notice of intent to (d) the sens.bilit.ies of the populat. ion surround.ing enter into such c<mtincts by publishing notice in the Fe.leral i
such powerphmt; cnd.
Itegister not later timn one humired and eighty <la date nf the enactment. of this Act. Such notice ~!;vs afier the (c) otherwiso apphcahic law.
n!! contain Soc. 303. (a) The Secretgry, consistent w.ll such en. ten.
i!
us such infonndion as the Secretary considers appnipriate con-ha presenbes under the pohey set forth m section 30t,shall of-cerning pn puz ed Icrms anni condilionuir sn-li. ont i ack fer to enter into, and inay enter mio, nmtracts with persons t h) The Scen tary sh dl imd.li,h die on.q i.ne p en, m owning and olk rat,ing, or jldanning to own and operat,c.civd-charp per nuit of spent fuel av.piio-d hv ml.m i..n noi u 3..o inn nuclear powerplants.1 hose contracts shall provide that an annual liuis leml on calenlMinn'of dn e mi e the Federal Government will (1) take title to spent fuel from charge listed in sub eetion not t a), aml 3 hall publi 6.-nch the powerplants, (2) inmsport the spent fuel to federally annual onetime payment charge mal t he cal. ulation da i.or o,wned and olk rated interi,ni away-from-reactor storage facih-in the Federal 1:egister. Each such annual one-time parmeni ties and store such fuel m the facilites, and (3) diste of charge shall become effective 30 days at'ter publication ami waste prodticts associated with such spent, fuel.
shah n main c6ective for a period dh n after of 12 unendn e (b) Nothmg in this Act. authorizes the Secretary to take the clnirge for the costs and surcharge li-ted in sulmiion title to spent fuel, transport spent fuel,or disim of spent unt(a) for any spent fuel, title to which is t ransferred to dr-g fuel or the waste products assoemted with spent fuel from Federal (invei-nment iluring that 12-month period a nuclear powerplant not located within the U,nited States.
sm, not;. (a) The Scenetary shall con-truct or acquite at Soc. 301. A contract entered mio under section 303 shall least one away-from-reactor facilitv for the interim storace of l
provide-spent fuel from civilian nuclear l owerplants. The faciliiia (a) for a one-t.ime payment at the t.une the Federal aall---
Government acquires the spe,nt, fuel of a charge, per unit (1) 1,e made available in adequate capacit y and in a of spent fuel, as such gmit is dehned by the decretary, timelv nmuner to acconuno< late all spent fuel for which which charge is deterinmed by the Secretary to be ade-comniitments have been made pursuant to scetion 303 of quato to cover-this Act; and (1) the cost of transportation of such spent fuel; (2) he sihjeef to a lices under du pnivbiou of m -
(2) the pmportion,of the costs of the construction iion 202(3) of the Energy Reorganization Aet of Mi and the operation, mamtenance and deconunissionarig (88 Stat.1933).
of 14 ederal interun, way-from-reactor storage facih-(b) The Secretary,in pmviding for the transportation of a
ties winch p oportion is associated with such spent spent inel under this Act, shall utilize hv eimiraet private in-
~
fuel; and dust ry to the fullest extent possible in each a-neet of -och (3) a surcharge to reflect the cost of long-term d.
inmsportation. The Secretary shall use direct Federal -en -
is-posal of high-level radioactive waste associated w,ith
- ces (m.sn h f ramim fMim didv mm a d+miMm of W such spent fuel; Secretarv of Transportation, in consultation wit h t he Ren' of(a nontransferable nght to the value of the remauu,uel brv. t hdt private industrv is unable or unwilling to provid.-
b) for the retent.mn by the owner of such spent f ng meh NowodMim sm vin h
fuel resource less the eogs of recovery, as determi,ned at Su 3E M'hm a ihim mfmmM he. 4 the time of recovery.,I he r,ight ends when the liederal cility is available, the Secretarv shall take po+e-lon of and $
Government -
tradsport to a designMed Mdiw failif v av 9 M 6W (1) takes action result.mg m the recovery of the i
envered hv a contrnet made under seetion 303 of t' hih Act.The remannng fuel resource; and Secretary'shall take this action within thirtv daye after the (2) wives to the owner of the n. ht an amount of money" equal to the value of the recovered fnelless the
[;[d(([,"[j(.;$;"*,','((.
g "I
I" I"((Il{;'"'8i{
. Funds nuule invnHable to the Scen tury for the (c) fa tI[le toy spent fuel together with all riglits to such fuel, except as otherwr:.e provided in th,s Act, i
(" { """"..""E P)""I "'"I C"P*
for I annmg, const ruct.'I "P"PMe"' 90 l"I: ""
passes to the Secretary at the site of the powerplant at d
mn or nmbhcat, n of I
the time the Secretary' takes Imssession of the spent fuel; fj;j;g m
'" "'"h" "'.",iI"ble facaides for die interim st ora re or s p m (d) that the contract becomes efreetive when the in-fud imm en han nuelear poweiydank auav fnuo the iwo1or terim nwav-from-reactor storage facility is nvailable as
".nder any lan inap,nge appronnanons of funde or antbon,a-detennined by the Secretary by notice in the Fedend tions for apinopnatums of funds for the fi-cal year emb,ou Register.
(e)-b e / b4 wMMd An-. k om V As w~.
September 30,1970, or the fiscal year ending Sepicmber 30, fnun civilian retivities limited to the anumnt enllicient 1980, anchulmg funds authorized cud ;pproprinted for 1*roj-to accomplish the purimse of this salwetion.
ect,79-1-p (Away-Frum-Reactor Sgnt Nuclear Fuel Stor-Src.101. In funnulating the pinimaal, tlm Secietarv rhall cge C;p c,ty) in legislation authorizmg appiupriations for consult with the Commission and the Entinimnent a'l IS o.
i y
the Department of Energy for the hscal ycar endmg Septem-t ect ion \\genev, and shall inmsmit t heir c.nmnents on tim her 30,1980, shall be available to carry out the intrposes of final pn,posaf to t he Congn w t. st her wit h Ihe pnipor.al.
w' gee, lo;,, g 3 ) 3. reparation anni iran-miu al oI e he pn.po-al section 306.
.g.,
gw g w to the ('ongter, is not a inajor 1% lend action rignaicaraly TITLE IV-DISL'OSAL OF IIIGII-LEVEL ltAIMO-atreeting t he envin,nment within tim meaning of reciion ACTIVE WASTE RESULTING FROM CIVILIAN P2(2)(c) of tin atlnn g ig *v g # 'n g- "-
a A M-ydMg wntst
- iStat.NM
- 'pM 4 W,df MYK N4GMT f,$% Afh-%1MifrEf* -
wn r NUCLEAR ACTIVITIES ff L
(b) When Congress authorizes construction of the initial
' r Src. 401. It is the policy of iho Federal Government to provide, consistent with section 301, a federally owned and facility, the requirements of the National Envinnmwnf al ol"' rated system for the disposal of all high-level radioactive Policy Act shall apply,cxcept that any environmentalimpact wasto nesulting from civilian nuclear netivities.
statement in connection with such falility shall not consi.ler Src. 402. Within one year afier the daic of the enact ment of any alternative b !!m ++nt~a q,g
! L w t cd m,,,
this Act, the Secretarv shall iransmit to ilm Comzn ss a pro-to the design criteria set forth in section 102 ofIhis Act.
leal for a system consisting of at least one facility for the (c) Any facility authorized under this title shall be sub-disposal of high-level radioactive waste resulting from civil-ject to a license umler section 202t:1) of the Energy lleorga-g inn nuclear activities. Such facilities shall be designed to-_
nization Act of IEt (SS Stat.1233), except that in its con-W (a) accommodate spent fuel from civilian unclear.
sideration of the a plication filed hv the Secretary for the activities without reprince ssing, as well as the high-level initial facility, the i>nunission niav iint consiiler any alterna-rndioactive waste pmduced from the repn> cessing of spent liv."MD' ~ Y W reo, " C "h ~ m-t o t'he design fuel or from other civilian nuclcar activities:
cntena set forth in section 400 of this Act but shall compiv (b) pennit continuous monitoring, management, and with,the requirements of the licensing process as otherwiJe mamtenance of the spent fuel and high-level radioactive pmvnled by law.
Sec. anc. (a) The Secretary shall continue and accelerate waste for the foreseeable future; (c) provide for the ready retrieval of any spent fuel a program of research. development and demonst ration of the aml high-level radioactive Ivaste for furthe'r processin"n geologie di-posal in mined repositories of high-level rallio-or disposal by an alternative method; and active waste front civilian nuclear powerplants. veith Ih. oh-(d) safely contain sneh high-level radioactive waste i""U "iF '"'"^" * # wM ;"Hid "!wn"" ^ f-
- ^
nnd spent fuel so long as may be necevsary, by means of ti air A6 l-as L i aE.
i mamtenance, including but imi limited l'), replacement (b) The Secretary shall also continne anq acech rate a pm-
~
as necessary, of such facilit y.
gram of n search. development..unt investigation of alterna-Sm. 403. The prolmal shall include-.
tive technologies for the disposal of high-level radioactive g wa*s inun civilian and national defense actisitie<. Such (a) the general description, cost estimates, ami con _
opt. ram shall include examination of various n aste dispo<a I"'"g struction schedule for a system which shall be initially ions inchnling, but not limited to-designed for a capacity adequate at a minimum to receiv'c (1) advanced technologies for thelong-term ret ries able h in a timely manner the highlevel radioactive waste pro.
duced by all ongoing civilian nuclear netivities and the storage of nuclear, waste; m placement m dcep ocean s dimens:
spent fuel from the operation of all civilian nuclear (4 phnvnwnt in very deep drill imler, jmwerplants for which any application for any Federal (4) phnvment in a mined cavity in a manner which
~
license or permit has been received prior to 16e date of leads to nut melting:
theenactment of this Act:and (b) site-specific desigs, specifications, and cost esti-(O ' Imrtitioning of repnressine wa-te, t ransnmt ation "I ""h""""IId"S ""d gC"I"M C disiH"al of 8 *Ii"artire I
mates adequate to solicit hids for the construction of an initial facility within the svstem which will demonstrate
" "'8 "* ; " *!
(") f6) CJert "* m'a spa"";
the feasihdity of long-terni retrievahic disposal of spent and (b).m pmgram.s to be carried out under -ub,ection< (a)
II fuel and high-level radioactive waste and wldch has mehnle--
capacity of at len't one t housand spent fuel rods alon?
(II 'l"U"eli"" "I h"SeII"" daia and ens innunent al in-with a volume of processed highdevel radioactire wast fonnat mn about mtentmi disposal sites; i
MNsitiiMMili df lfuntriamnnmannuw ummune montDi Paebre the GMigaQions are issued]. U%e inQeiv4 j,av.
t,mn ;
umuts on suelt obligatiens may lie defened with the approv'al (3) development,an:lys,is tnd v:lidat, ion of predictive of the Sceretary of dm Treasury but any inten-t pay ment so defenwl shall hear interest. Su'ch obligations shall br issue.1 mmlels; (4) cxtens,ive, mdelmnilent, obj,ective review of results iny amounts nini at prices appronal by 1im Secretarv of ilm b) scientihe experts, and of proposed facilities and oper.
I reasury. The Secretary of the Tn asurv sliali pun f,a* mv at, ions through the beensmg pnicess,;
oblig:itions of the Seenviary issued umle'r thh rn ti..n o,4 f.;r mg or radmact,1 experiesjee, includmg careful inonitor.
, (5) pngelica tlas jmrjmse ilm Seenviary of the Tn a-urt is austr. rived n ive waste untat nui systems; n* as a Imblic debt inmsaction of the thiiie.l St ater ihe lir..
rect {sve or nutgat,ateil ea,pability to take any nenled cor-( i) a denumstr
.veds Inun tim sale of any securities iwn,1 nialei-die 's a mg act nins; and Liberty Loan lloud Act. Securities niay be imued moler slut (7) an ongomg research and development program to ilm state of knowledge about the disposal of nu.
- (t purchase obligations from the Secretary umler this
]iena
_ (h) Appropriations made available pursuant to section,is a
- 1) The Secretary shall report to the Congress his findings "i tlns Act forthe ac<piisition of an interim away-from-re 7,orage facility shall he irpaid into the tienerid Fun I o)et$
recommendatmns resulting in.m the prognun authorized 1
11 I reasury out of the account, together with inteiwt until t}"I
'y t iis section, as follows-
- 1) as a liart of the annu,al report re<1uin d by section date of ivpayinent at a rate ileiennined hv the l%r 1$[t ((j-the 1)cpartment of Energy Organimition Act (91
'he Treasury taking into consideration ihia vera <,. n u
.o S
- t. rma) the beeretary shall ivport concerning t he stat us longierm ohhgations of the United States ihnE" the tiwai h e j n,gtam; and,
year m which such appropriations air maile[intenkt wit [,i$-
Tin %r' t '
o
() tom time,to tune, the Secretary shall make ive_
sh di ivpay such appropriation together witl i
es conn rn ng the thirty yeam from the time at which such appnipriations be-
<bNIi it3 of mmlifym!""ng on replacing the technology come available for expenditure.
"X u
Ie um er sectmn 402 of this Act.
TITLE VI-LOW-LEVEL WASTE TITLE V-FINANCI AL AltitANtil01ENTS Src. Gol. (a) The 1* resident shall prepare :nnt sulunit to
.qec. 501. (a),I, heir is heithy established m. th,e,l,avasury g.on widiin om lannlred ami t went v davs after t he date of the, United, States a separate acemmt to pmente for the of unnm om nt of thistitlea report whichi oleration of interun storage of spent fuel mut disposal of
( n delim s die disposal capiit v m eded for pn-ent spent inel and Ingh-level nuhoactive waste, mcfmhng trans-mnl future low-level waste on a regiimal basis'-
portatmn of such spent fuel and waste. Amounts appropriated (2) M) defines de Matm of all emmmn i l hid vel under section 308, all charges under seetmn 301, receipts de-mn h m wNe dispmal sites im hulim" 16 loemd M -
rived fnnn the sal,e of my repnmessed fuel, and the pmeceds ti) WM %dley' New York, 3
inun any chhgations issued pm>uant. to secimn 502 of this 4;;) ggy pigs,gyn,neg '
g y
til to shall Im deposited mio t he account.
I
""E h"9"I"'
(h) Notwithstandina the provisions of the Congressional U-"9
"/ " *l' (v) lth." bland,'M asluncion.aml E
Budget and Anti-finl undment Act of 1974 (M Stat. 297)'
t)ie gcretary may <yraw on such account, as he deems neces-
- h. i) HmeH, Set.h Nilim-sary to achieve the purix>ses of tin,s Act with the except mns of eense ytat is of c:ych snch s! n d e u"nte of olmraty. fIhe b.
'""I"M " *V"I""I '"" o WI.!
t section 40G and tide VL i
on of each site, melmhng Sec. 502. (a) To carry out the purposes or this Act the See-retary may borrow moiney from the Tirasury of the United no tec no ony enyp oycil at each syte to contam low-State's in innounts provided in Appropriation Acts, but not wah Nr w haMons W unm and nu4 m -
moni than $mo,000,000. The Secretary and the Secretary of
"""""*I""""" [""
""" "" I """""" '"" I
"*"I"'"'"
the Tirasury shall ngree on tenns, nuiturities and condit' ions
"" " !7 """ " " "UP""I" of the obligations, but the maturities may not he more than
" """ E " "
- 8 thirty Venrs. The Secretary may avdeem'the obligations he-t ransported to such s tes:
i fore'in'aturity. The Secret'ary af the Treasury shall decide "2
""P" ation rapiirenu;nl< on a re-the interest iate of the obligations considerinia the average II^"""'""" "f niarket of outstainling marketable obligationsId the United
""'""' '"""#P""'"Ii"" P"""t ins for t he rin pment o f low-States Government of comparable maturities durin"a the le\\ cl nucle:o Na5f es. meludmg an mvrof ory of type-and Wi4:40- 2
qpmulgDM/1ffoCd wis0es, cn cvi!uaGion of1s[bipmens Thus, the Nation is and has Iren generating spent fuel ami other requintments for each type of wasto emi en evaluation nuclear waste, and this waste must im stored somewhem with or with-of tle tbility,of gcnerators, shippers, and carriers to out competent management, policies. The issue with regant to nuclear meet such requirements; waste management is, therefore, whether the policy sininhl 1,e to buiht (4) evahintes the capability of the Department of En-suitable storage facilities in the near futmr, while we continue to com-ergy owned and operateil hnt-level waste disinisal facili-p;ov guetentini solnlions, or win t her ur n gard t he corn nt en entially ties to pnivide interim storage for connneirially generated ad hoe appinach to nuclear waste storage as miequate, unail such Unie low-level waste and estimates the cost.s associated with in Ilm indelinito future that an "opthnuni' warte thtral na Unal such mterim storage; and beconnes feasible.
(5) recommeints additional research and development,
- ""# E. #
as needed.
1 (b) In carrying out this section the Secretary shall consult The Ha!eil gudicy of the Federal Govermnent has alwavs been that wit h the Governors of the several States, the Nuclear llegula.
the safe,hsgnisal of high-level radioactive waste is to le,akeninpli-hed tory Conunission, the Enviromnental Protection Agenev, the "8"ler, Federal management. Ilo,weser, t he nuclear imlnntry was Un'ited States Geological Survey, and the Departinent of Inqorically ein ouraged to deal with spent, nuclear fnel thronuh ne-
~
Tnmsl>ortation, niid sueli other agenicies and departinents as I"""'E"X In d* " U'Tmadi <
i to defer amunervial reprocess,4 a Pimikatial ib,e, n m A M wmg o he fim!s apptupriate.
L Puurose nite future, the utility industry asked the Administration for a resolu-tion of the growing spent fuel problem. Since the annoimeement The purpose of S. 2189, as reported,is to--
October 1977, of the Administration's spent fuel ndicy, there has ht I
Establish a Federal progr:mt for the interim storage of spent continual debate over the need for federally-owned, away-frot e nuclear fuel away from the reactor; reactor (AFl!) storage capacity for spent. fuel. The Interagency Require the submission to Congress within 1 year after the
]!criew Group (HlG) report.on nuclear waste management was com-enactment of the act of a site-specific proposal for the disposal of pleted in 31 arch 1979, and it. reiterated the need for away-frmn-reactor spent fuel aml high-level radioactive waste in irpositories per-storage aint endorsed the l' residential I*olicy Statement.
mit tingcontinuous monitoring and ivtrieval of the waste; in spite of evident concern in parts of ahe executire i> ranch wit h ele-Direct the continuation and acceleration of a vigorous progium ments of smelear wasic imlicy, much of the moment um genera,ted by the of research and develo disposal technologies;pment on a broad range of rmlioactive wasto administ ration's tuumising start in ihis area has Imen lost in mdecismn and inaction. In the meantime, the lack of a clear in>1 icy has been in-Requim the Secretary of Energy to report to Congirss on mat-crearingly apparent in the relnetance of the courts and other imthori-ters related to the disixisal of low-level nuclea r waste.
ties to till the vacuum created hv indecision at the Federal level.
UIilitie< hnte been Inuviding 'for st. rage of 3 pent fuel at iheir reac-IL lhcomouxn axn NrEn for sites. When the original capacities of the etorage basina including Cencral a " full cow wrerve" are conunitted, utilities will have to rerack their The public acceptance of nuclear power is dependent upon wsolvin, basins nsing higher densitv racks or remove spent fuel from a he ivact< -
e nnmler of areas of concern. Prior to ihe incident at ihe 31ct topolitan site. The rcracking technique can increase original storage capaen Edison Three Atile Island nuclear 1.lant in 31 arch,1979,the most press-up to four times. Ilowever, the estent of utility reracking nmst con-ing public isano regarding nuclear power was the safe distmal of snier t he st ruct u ral integrity of t he hasin,seismie loadings,and exi-t ine radioactive waste. That, incident has iurned public attention toward inel stored in ihe gnol, as well as intility loujectionis <>f iniw nincli aib insuring ude<pmte sa fety in the ogwration of light water reactor plants.
tional capacity wouhl he required before some form of di,ini-at facibi The lu;oblem of nuclear waste dispocal, however will remain a major for the fuel nonid exist. In the current regulatory elimate, utilitier aie issue regardless of the national ndicy nhich evolves from the nuclear hesitant to provide miditional storage capacities up lo a lifetime (30--10 i
safety debate.
vears) of discharges only to be faced with ponsible regulations requir-Over the past twenty years, oi-rating civilian nuclear powerplants Ing shipments or limiting storage. Such limits have tren impowd in have generated considerable volun es of spent fuel and other rmlioac-some sta tes. The t h reat of addit ional regulat ion <. t he indefini!c de ferral tive wastes of varying lifetimes amt toucities. Durine this time the of ivprocessing, the m,mavaihihility of a repojilory. (m,d increa-mg establishment by the Federal Government of a definitive policy for mterrenor actmns agamst. any etherts to louvnte ad.htional >torage
~
the long-term storage or dispmal of Ihece wastes has not been granted capacity make it ahnost. impo<sible. for a utility to accuratelv pinhet high priority. Meanwhile the <pmntities of civilian nuclear wastes have ami plan for its own storage. Since Ihe Feiteral Govei nment~h:' in-t e continued to grow as a result of the operation of the 70 nuclear power-fiably played a role in creating this uncertaint v and 3ince the Ifepart-plants currently licensed to produce electricity. There nre over 90 ment of Energy (IH)M) has ultimate responsibility for wa-re +h p"-a h nuclear powergilants scheduled to come on line durin-the next 10 DOE has proinsed to accept spent fuel forinterna storaue and de.t-a l yems As these plants legin to generate chetric power, the magnitudo in cases w here a utilit v ennnot reasonably piurnie for t he entireiy of of the nuclear waste innblem will increase substantially.
its own storage needs. I he uvasons may vary fium economic and en;;u
$cering consf rnints to n gulatory n st rictiona. Given a free comnwn tal and to charge a one-time fee sudicient to iveuvec Fnleral euh for anti ket. pl:re for stor:ge services such (iovenunent action niight in4 he t ra!asportation, interim sf orage, anil long-term ili3 position of tie radio-necessary. However, because of the guilicy uncertainties enrrently fac.
retive wnstes cont ainnt in the spent fuel, ing tigo nucle:r fuel cyclo r.nd the Govenunent's responsibility for l'rior to consideration of this bill the Con inittee has acted twice in resolving them, at least a limited offer of Government stonige is war.
the past to raldn ss the issue of interiin storngr of.I.nnestic spent rented and necessnry to ensnrn t hat no reactors an, forced to shut ilown nuclear fuel during consi<lenition of the tiwat war isti in si;;nithort- -
or curtail their delivery of power for svasons of inadeeluate spent fuel Eation bill and the fireal year }DSO j)Oj$ authorization hill.
stonige.
In S. 688, the peinling fi.-cal vea:- 1:sso In sic.iniin,rica ion bill. fle in.leterm, n,ng how inuch storage is antessary and what amount il.o Connmittee antinirizni gin > ject t9-1-p, u hich is a facitiiv or faribiic-u tjorernment should pn> vide, changing utility plans for on-site expan.
sutlicient to ston up to 53800 metric tons of q.cnt mwliar foci anav spin aint fuel sininnents, generation rates and new reactor schedules froin the ivactor. 'l he pniject wonhl be anthorize.1 for a total c+t ut must be forcenst. In February 1979, DOE mblished a report entitled Sul million, but with $175 ndtlion contingent on the passage of th..
" Spent. Fuel Stonige Requirements--The hleed for Away-From-Reae.
generic legislation u hich estahtislu s title inmsfer, uwe fees an.1 or her tor Storage" (DOE /F!l-0075) which estimated a range of stonige prognnu ogn rating pnice.hnw. The $25 niillion that was appn vnl for n1purennents finin existing domestic ivactors from alueist 5,000 metric mentakiriations is intendnl for such things as sitwspec sippna tons of fuel (31TU) in ms3 hased upon existing reactor basm capaci-impact statements and site +Iarific design. of Ihes fun.Is ties down to about 270 MTU based utant propeted inaximum basm inillion were anthoiiznl for the purpo-c or nmihn1im a (nn her a nile
- ca pacities. l or planning Intrin>ses oniv, a base case of 5:10 31TIIin 198:1, of the nent for awar-fn.m-n actor storage, includink !a f a W,iti C t
- I,860 31TU in 1988 amt 11,000 MTU In 199:1 was presentnl based nlu n cost anni lastential sises. The Onmnittee an.ticipatnllhat the proj niility stonine plans as of Deccinber 1978, incimling one transshipinent, wonhl result in mnf tiple facilities to pnwide n gional >t.,nige of q.cni with,m a utility. The repoit also examined a munber of other factors nuclea r fuel.
such as full core reserve, burnups and powerplant capacity factors.
With regant to the stonige of fmvign nuclear spent fuel. the 8enase While ihe inunbers pivsented in Ihe base case went challenged by a num, adopted a pluvision which becaine Secti.m 107 of Ihe li-cal s car INN ber of sources, the wide range of storage nuluirements relum nteil the DO10 Autinoization Act t Publie 1,aw E2::8). Thiocciion Judn.ria -
more unportant information. In no case do these reituirements disap-studies of international spent fuel storaue but pn.hihite aunrna m-pear. Rather, under every scenario they grow ex1xmentially for the between the I nited States and cther natilius nunHnu, tone. of for-remainder of the century simply becanoe of the inevitable illl-up of e.ign spent fuel in t he liniteil States unicos there'has been piio' notiiira-r available at.the-ivactor storage capacity.
t mn ami antinerization for such storage.
Federal AFR facilities will be subject to a comprehensive Fedend fj;,9,m,g g ff;,4 f,,g ff,,g;,,yff,., jyy,f, i,nen mg process. Given the lead innes assicanted with nie wiection'
. nmrtruction, envinmmental analysis and licensing it is unlikely that Tlie disposal' of In~gh-level radionetive syage fn,m nuclear reacton a Fedenil AFil facility can be available before ils inid-1980's. There-hn bn a dear ::njuityinent snn, the lagnining of the nnelear weat.-
~
forv, a need for Federal action exists now and will escalate rapidly
""* prognun durmg M orhl M ar 11. The pn>blem of high4esel radio-
"" *""" I""" "*""""5"
.st u nclea r Innverpla nt st a rt ed opera t i.e a pnisepet te one since the h.1 nuclear Innverplants has been es-entia in the future. it is onlv prudent to provide insunmee against a storag'c r
short fall so that a critical shortage threatenin-reactor shutdowns wili not occurin the ncar future.
m 19.n. Except for a small amount of spent nuclear fuel which ha a
."E' ""*' "I 9!" "l"'"'
I""I I"""
""'"""'"13 l "J uma l ion s I h ns fa r ha"P">>M Rivently 1)OE has surcevnt the utilities to sigwhite its arquisvinent,
3 pnijectimis. Acconting to flie Depart ment utilities nie planning to pni-viile their maxinunn storage capacities through irrackines aml there-n Wonul unt n1pating the advent of a nunnn'rcial repnnvrne indo
- forv act nal storage requin ments are npproaching the low side of DOE's try hyxtract the umful uranium and ph tonium fnun vem had. I; u a t
pnijectnl range.The rance of uncertainly mav also be n duced,harrin"-
""'""""d that t he high4evel nnl, achte waste (non the rpent fuel m
legal or other institutional problems,if diilities are able to rerack their would b unno bihzed ny a Inuper mlid mediuin for di-la, mal by one "I ""V"'"I um,ble technyques, with geologic disposal being t he option l
Insins. On the other hand. there is growing opposition to fuel trans-shipments hetween wactor basins since this repreeents a stop cap mens-X "'"" d "' "" ' "'I." H e " h ""-
ure which shonhl only he used as necessary for pnnient fuel nuumge-idi du denson of du Adniyni-t rat.um to.lefer n.nnnercial ic-ment.Therefore,altidmgh the extent of the storage nwpiin ment uncer-P"*"I"# ""'.I '" *"Pl"irt t he miernn 3torage of -p ni rnrl in f. aci a i n.
"'I I""li' '"" I Iaint v has been rnhn ed.a non-zero near-tenn AFR nxpiirement. alum-t.
"*'.dit y is not du.he i-su,e of Ingh,dct el u a t e.li,;%al m a h,n., in m I".e nintnshale einestion. While a once 1loonyL rnri eute certainiv iha s exist, nnd a range of possible rnpiirements will remain
~ 1=vanw of uncertainties in approvals of utility plans and engineerin",
wadi the sub-ninen.h-posal of gin nt ini lear fuel lies lu en pnqu~.d I 3 d
F"""' I"'"l e, du,n nirievable ihslwisal of -pent nucira r fort picholm -
reviews of basins.
u" """9""h "['h"."*N"X "' """" I"""'. in d u f u t u ns T hr in n o pm n
(
" "'P To effectuate long standing Federal tudicy and uuvide a reasonable l
"I". I' U""
" " ' 'S h '"! S M "" 8"8 ""Inen t. dirrard ihr m hnlee against thew uncertainties, lecislation is rnpiired which pro-
?
"'"'I "I b,""l'T '."lity winch would pner,a r a fler en iconem a den
'"I"np u ithin one ye vides the funds for DOE to obtain AFl! capacity and the authorities P""l**"I I"r a fam nle for t he tong tenn. ict rie to take title to spent fuel frmn those utilities with a Inming problem
-______--___--______----,____-__--__--_-_---___.A
cble, managed disposal of sp?nt nuclerr fuel or high-level wasto from hospitals, universities, industri:1 manufacturing plant =, and interehrnge:ibly.
poh; lear tunverplants have mtensihed aiul the case for a ren,ew inu The sponsers of the bill believe that. this approach is technically ey seeins a rung.
' feasible today cud is neutral with resimet to tlic optioni for fini-lher Isi tin < arly 19r#s, six.oiiniieirially operated low lcrel wa'te.l,is-
\\
processing of the sient fuel or the high-level waste. It also invserves lx2 sal facililit S ".en estal,,lisin:d ihningh the country. Wer fl e past i.
the option for transfer of thite malesials to another facility at some few Ven'8 Ilate ""I*nis mg 3 tes 1 point in the futum shouhl the original facility Ircome obsolete or a avminling their methinis e>f olerat,nn e come under mercaw.I ri st ic letter storage facility developeil. During the hearings the Committee of these low-leyel wa<tc th,sposal sites wi(nch reinam in operat i
received testimony which sinmgly suptn>rted the desirability of going "f 8. lum t wo sites des not anvpt cen tain low-level waric,nyntaining forwant now with retrievable manageil facilities for the long-term h< puds. As a, consequenm, elloris may le approacijufg a en!wal star di>po<al of these materials. For instance, Dr. R. Philip Hammond, of for the continued disposal of approxiniately :t milhon cubic feet, per hearch and Develotunent Associates in 3 farina Del Ray, California, year of low-level waste generated m the Umted States.
Hel*"C'y M and 10 petrent of tim volujne of low-level wa-said,in part:
from medwal use of isotopes to tavat or diagnore diness. l,or m,te.-tems r t a nce,
,l'he pubh.c visualizes an enormous growing problem that wdl extend for many years, and yet if the entire Umted uppmximately o.Mnou people annually hm injections. f radioacti-isotopes to detect puhnonary embolisnis, which are dillicult to detect States were nuclear powenwl. each wrson's share of the an-any ot her method. The nuclear activities in universit v re-em ch labora-t mml waste pnwh,wed wouhl le ihe size of an aspirm tablet tories are aimed ai basic understainting of ph voical,I;iologic and chem-and tlas amount is certamly a different problem than t he tous ical pnw.m and the education of -t udenth for a ha-of techni, of waste you get from coal and other sources of energy.
licids. In normal operation, timre are >nedi quantitie-of lou-les.
radioactive wastes genentted in nnelear pmverplant-in systene; to pur-3fy second observation has to do with the resistant, stub-ify the water in reactors cooling svrtem4 born and mistaken approach of ollicials in their emphasis on conc 7,g;yy tenninal, pennanent storage. We want to get rid of tije prob-lem for gmyl and all and that is a laudable mnbitmn, but IIistorically, the Congerss has not legislated a hmad nuclear waste I beheve it is the source of most of the dillieu un med licy with spuitie goals and objectives. Instead, the nu-pjist approaches. I imbero that though tlo,lty m present and s can be a tech-clear waste nmnagement policy was established bv each 1huinistra-mcally valid approach, it, has to be shelved at the moment.
tim The umin nde of Conp m he be m uthmin M wavise l
funds for activities to implement the poliev.
In view of the rising public concern with all nica< of ihnm-tie poliev The public is convinced ihat terminal storage met hods menn towani nuclear power the time is rapidiv approaching u hen i ongreJs hwing control of the waste. The last thing we want to haplen may find itself emneshed in reveral dilfeirut innes bared on t hi-puh-is to sny we are losing cont rol of t he waste.
lie concern. It wouhl be unfortunate if these cont roversies had t he cifert So that is an important factor. 31v thinl observation is ihnt of delaying responsible efforts to develop an etfertive and en dihte the ahernative to tenninal stonde is retrievable storage.
nuclear warte disposal policy. Nuclear waste presents problems Somehow this has come to imply temporary storage and yet ahvady have and will have no matter what our national drei-ion when you think about it, there is no reason that these have with regant to nuclear power. The legislation di<cused cl<eu here in
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to be connected in that way.
this report is an attempt to set into motion those actions w hich ar-In fact, separating the thought has a lost merit because if necessarv to deal with these problems.
g-you have retrievable storage you can begin storage without
~
pmof of the goologic survival and all the other "if" factors Ill. Sumany or Aluon Puonsmxe that go into hising control.
However, if you do it right this retrievable storage conhl The bill as n j>orted contains three major provisions.ns fuhows:
be permanent. In other wonis, leaving it there conhl le one (1) Title II_ sets forth a policy and a prognun for interim Fedend I
of the options, and I think that should be very carefully storage of spent fuel from civilian nuclear powerplants-in facilities of thought about.
assured and predictable capacity away from the powerplant sites. In implementing this policy, the temporary storage of spent fuel at in-Other testimony during the hearings supported the conclusion that dividual powerplant storage pools is to le maximized, ami ihe Secre-such facilities can clearly be built today, while geologic disposal in tary of Enugy, the Nuclear Regulatory Comnnssmn and other appro-prmte agencies are to encourage, and expedile il storage at these s,ites consistent with certam comlit,m nse of as ailable an irret rievable way is nmch further from realization.
mu s.
C f.mmT. cec 7 hte When this temporary stonige proves inadequale, the Secretary is I hning much of 1979 substantial mblic concern has been directed to authorized to take title to spent fuel at the powerplant site, arnueze for i
the policy for management of low-level nuclear waste. As a result, its transfer to a licensed interim Federal away-fnun-reactor facility S
problems associated with the disposal of low-level radioactive wastes M
' and dispose cf wasta product: associ;ted with the fuel. A utility tunn;-
Ihiring tle conunittee'o con:ider tion of the bill, voice aml rolicall f:rring spent fuel under this progrtm would pay une-time cherge t2 votes were teken on anendments offeted to the bill. These vote.s weie cover the costs of this transport tion, storage end disposal, while re-tchen in open business session, htve tan unumunced mblicly 1,v the i
' taining c nontransf rabic right to the value of cny rem.ining fuel so connaittec, md cre included in the minutes of each sesnion in adord-tran f:rred.
ance with the minierments of section 133(b) of the legislatis e Reor-A revolving fund is established for the supprt of tha program.This ganization Act of 1916,as amended.
fund would contain aptuupriations aut horized under ot her law for such Tho rolicall vote on the motion to avport the bill wa, la pas :o a facilities, the proceeds from utility payments for speint fuel and fmnis 3 nays as follows:
borrowcd by the Secretary of Energy as authorized in the act.
"8 (2) A liolic of Federal long-tenn imclear waste distmsal for spent fuel cnd highdevel radioactive waste imm civilian niaclear activities is
- ackson Duit.na,
established. The act regtuires t he Secretar of Energy to submit to Con-N',',',
j g' I
gress withui 1, year a site specific proposa for the in st inodu,le of a sys-l Dunipers tem for the disposal,of nuclear waste m licensed retmsitories penmt-yong ting continuous monitormg, ciTect,ive, mamtenance anyd ready retneval
}
Metzenbaum of the material.,The roposal is to nnclude cost estunates and a pro-Matsuga
- h posed construction se iedulo for fac,ilit,ies with adequate, capacity to Tsongas" acconunodate high-level nuhumjtive wasto, fnym all ongoing civihan McClure nuclear activi, ties and,the operatyon of all civihan nuclear guerplants I)omenici for which a liederal beense appheation has been made.
g,gygg,
, After transmittal of tl e tyrotms:d, as,sunung construct,on,s author-Hellmon f
i i
ized by Congress,the facilit tes compnsmg the system woubl be subj,ect, to a licenso by the Nuclear Regulatory Commission, except that in this EdloIi process the Commission would not eiensider alternatives to the statu-
""""""d"'r'"r-torily approved criteria for the facility.
qg g
.g,
Concurrently, the Seerrtary of Energ,forihe disposa gnuns to exannne alternative technologn;y is d,rected to accelerate pm-i nuhoactive wastes imm civilian and nat mual defense act,1 eyf,hig,h-level s
.nra mmms m 1 mm ivit ies, melud-ing geologic disimsal, dispoad in very thyp drill holes, disposal in deep Bection 101. Fimlings ocean sediments, and nuch,ar transumtation.
Section 101 states that the national need for sullicient eneruv.le-
- 3) The I resident, as directed to urpare and subun.t to Congress a pends upon a diverse base of primary energy sources which eddipcte de(ailed study of study nmst conta, the d,i.<posal of ow-level radmactive waste. Tins on an equal footing and that, absent a pmgram for waste storage and t
m projections of cap:3 city nvpurements, evaluatio" of exist,mg sites, analysis of t ranspurbtion problems and certam ot her disposal nuclear energy cannot so compete. Coneir.-s tinds t hat the matters set forth m the legislatmn.
n sponsibility for both the storage and disimsal of iniclear ua-se re-i-ith the F4 ral G>vernment and that the costs aruciate.1 with.snei IV. LEmsurive Ihsmur storage r, uni disposal shouhl, to the greatest extent possible, hr born, by the direct beneficiaries of nuclear activities.This section aletates Senator Johnston intnaluced S. m3 on March 15,1979, for himself, ihe finding ahat technology for storage and dispo,al which w uni.la Senator Jackson and Senator Church. Senator Tower was added as a provide reasonable assurance that waste can be safelv dispoceil of cN cosponsar to S. G85. The Administration's proimsed legislation to pro-f ists and is under development and that adequate dispiwal facilities can vide for the management of spent fuel from nuclear reactors, S. 797, be available when needed.
3vas introduced by Senator.inckson (by respiest) on March 27. IIcar-
-}
gg g p m
mes on these bills were behl by the full comnn,ttee on Alay 10 and
,I'I.n.s seet.mn lists the obj.ectives of the act. These are to pnfvide f..r 31'ay 22, and by the Subconunittee on Energy llegulation on Julv 19.
nuboayt.Horage aint long;tei,in disposal of gent. fuel ami lugh le 1"h7""
The conunittee met. in open business se+ ion on December 6,7 nial in.
tre waste fi1un civihan nuclear act mties, anil to dewinp al on these bills and on Decendier in by majority vote ordered reported an original bill containing provisions addressing matters dealt with ternatjve technolog,ies for alternate storage and distasal of -uch by these bills.
inatenal.
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T TLE in-definitions V. Co3turrren Recomixxiurmx Axo Tancurwx or Vorrs Section 20I I"
- * " Eb" "I, P "f"
The Committee on Energy and Nat ural Resources, in open busi-
- nyre al mwer wh.N.disteal,is bee
!b "" " *N @
ness session on December 10, 1979, by majority vote of a quornm M "I l
ich pnwnt, reconunends that S. 2189, deJerihed herein, he approved h.v M """"'*""
t he Senate.
Enmy Act of 19~ I..I N tenn u delnwd to inclu.le lone
term moniitoivd, attrievablo storage. The term " spent fuel"i's defined B< rtion 304 to eselnde fuct irradiated in and iveuvered from e powerplant which
'This section provides (1) that the contracts will inchule a charge has not been licensed under the Atomic Energy Act of 1%I.Therefont, sullicient to cover the costa of transtu>rtation, stonim and dirtural of foreign spent fuel end spent fuel from unlicensed domestic inilitary waste material, including the costs of construction of the 3torage fa-facilities are not covered by this Act.
cilit y, (-2) Ihat. Ilm entner will n aain a right to she vaine of ihe n nd-ual fuel resouivo which will be reihrmed ley the Nenetary shool.1 ruch irnx six-iNTeit:AI SToitAGE or srENT FUEL Fl:03: CiVEIAN Ni!Cs. EAR kpent, finel he arp:13cas4ed at sonne futmv tinte, (U) IItal n ells I b" CD rowmenAN rs ception of that right all title aml rights to the opent fuci pill pam so
&ction 301 the Secretary, and (1) that the contract will ircome citertne upon This section states tlm policy of the Fedenil Government to pnivide, the availability of an interim storage facility.
as soon as possible, an assured and predictable capacity for the interim The Committee intends that the magnirmte of a he ope-time payment storage of spent fuel from civilian nuclear powerplants. Such policy for a given load of spent fuel be based on the hert a vailable estimate of shonhl niaximize the storage of spent fuel at available storage sites at the full cost of transportation, interim storage and disimal available individual power plants while providina for a federally owned and at the time that fuel is transferrni to the Federal Goves ninent. Thus i
openited system for the interim storage"of spent fnel away froni the as specilied in subsection 303(h), the one-time charge woubt he com reactor in ihe case that available onsite storage is inadequate.
juited on an annual hasis in acconlance with a methodology rpecihn hv the Secretary for estimating quantitier such as the ewt of the in-tirim awav-fro'm.neactor storace, wa.ste encapsulation for diwal.
This section directs the Secretary of E,nergy, tim }'iyclear Regula-transportaiion to a disposal facuity.const rudion aiul operation of th tory Commission and all other appropriate Federa. neials to take the netmns they consnle,r necessary to encourage and expedite the use of dipal facility itself, and of her overhead costs of ahe Federal Gov-avai,lable storage at unhvnlual powerp ernment. Ilowe'ver, the hill ih>es not pennit the support of Fnteral ie-consulerations. 'l he coinnuttee recogm,lant sites consistent with certam synn.h and developinent etrorts from fnmis derivnl from Ihe sprnt fnel zes that existmg onsite storago dmrge. As estimates of these and other costs of t he prograni chance.
,fac,dities have been designed for temporary storage of spent inel on,dy, tb m ignitude of the charge would also change, so ihat over time ihe This fact, and the Admmist rahon puhey decismn to defer ihe lwensi,ng full cog of Ihe pn>gnun will be recoven d fnim Ihe leneticiaries of Ihe of facilitses for tho ivpiocessmg of,hties mevitable,3 e const,ttee ex-4.nicity proden ed fnim the spent fuel.
<pynt, fueh ina b Ih ruction of additmnal spent fuel storage faci
. I he comnu The Committee feels it is essential for the purposes of orderly plan-pects that electric utilities operatmg nuclear powerplants will make ning by electric utilities and regulatory nuthorities that the charge, for the best use of onsite stonige options before seekmg to transfer spent any,,;ven load of spent fuel le Invdictable and bounded. At any given fuel to the Federal Government. However, other considerations, not tinie"ecriain components of this charge must of necessitv he estimated.
the least of which are the protection of the puhhc health and safety and the need to proyide adequate and reliable supphes of electne en-narges for subsequent transfers of fuel will be adjusted as knowledge ergy. make it, essential that an option to remove spent fuel to an nde-of costs improves to insure that all appropriate costs are assessed the "em rMors of spent fuel.
qn, ate away-fronereactor facdity be avadable when needed.
The mdion abi piovides for ihe retention by the generator of spent rho comnuttee expects that the Secretary wdl prescribe such en,-
fM of a noMnmsferalde richt to the vaine of any irmaining fuel re tena as he considers appropriate under which an elecine utility can satisfy the Secretary that one or more of the considerations enumer-mm h ss rn oves v costs. Their is a significant residnal fuel vaine in M fimi n>ds. This measure does not address the issue of event nal ated m this sectmn reqmre the transfer of spent fuel to Federal away-
-ina of spent fuel. The activities which wonhl be anthorixeg from-reactor facdities.
e-sEe woubl perndt any idtimate resolution of the issue. The Sectign 30J W&
iin. vision for a non-transferrable right to the remaining fuel value This section authorizes the Secretary, consistent with criteria he
- imply recognizes the real ownership of that value if it. is eventually
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Ineserites under the policy set forth in section ;)01, to enter into con-realized by ihe Federal Govermnent.
tracts to take title to, and transpos;t spent fuel to interim away-from-g,ff; mn reactor storage facitdies and 14> dispose of waste prodnets associated This section provi les that the Seen tary shall provide notice of in-with the spent fuel. The :n,ithon,zat m,n to transport spent (nel contem-tent to enter into contracts within ISO thivs of the date of enactment plate the use where possible of private mdustry under contract to the 1;;ederal Goven,unent to actually perfonn the' transportation serv-of this Act by notice in the Federal Registir.The Seen tary is re.inired avs. The use of pnyate contractors for si,n,h seyvwe.s is exphedly ad-N dddi4 ilm etime charge for spent fuel on an annual basis aml dressed,,ti sidisection.106(h). As specified :: sidwerimii.'105(h)*
pddia um amige and de calculation nlani which it is ha+d in the i
W&M ibi. The charge will hennite ctfective.to das s a fter pnh-nothmg m flus Act authonzes Ihe 5ecretary to take title to spent fuel, li adm ud she wmain elTective for a pimonth miind thereafter.
i to transport spent fuel or to eh<pec of the waste pnwincts assormted with simnt fuel from a civilian unclear powerplant heated outside h/lon 2 Ihe t'nited States.
This section directs the Secretary to anpiin, an interim away-fium-rractor stornce facility which is licensed and which has snilicient ca-pacity to accommodate all spent fuel contracted for.
. s
In cddition, :.uhsection Ib) reiguires tlct the services of 1o scetimm yu firms will he used by the Secretary to the fullest. ntent possd.rivato ileto This section piurides that the ' n geal will include the de3. iy p
. transtxut spent fuel to which the Secretary has taken title and that tion, cost estimate, and construction schedule for the sptem as ncil as direct Federal services tuay he u>ed for such transportat, ion only ulx>n ihn sito six.cific ilesigns and specifications for an iniaial facility to n determination that private firms are unable or unwdimg to [nuvid" denumstrate ilm fea-ihility of hing-terin nytrievahh storage as a.h+
transportation services, guwal techni. pie for intti spent fnel and high-les el radioactiw v a ac-retan y to enter into contniets involv,this subsection to require the Sec-
.t Tlm Coinmittee does not inteint by ggfg g mg univasonable prices or tenus.
i ri a hat in fornmlat mg ilm lo olanal I,nW,
,i,1 Tlie hamnittee exgx ets that the Secretary of Transt=>rtation will not of E.ns sect nm pnivn es twit h Ihe.%micar 1.rpul iorr t omme -ipn m; i.
f l
heritate to make the finding nspiired by tilis subsection in any innlance nergy w ill con-nt ilm Environmental I,rotect,on Agency and n all 1iare not tio u o m-where private firin3 pnive unable or ist'iwilling to enter into a mmt ract i
with the See vtary of Energy at reasonable cost, with appropriate tv-inents to t he Congirss with t he progmah guni for safety ninl providing services of acceptable iguality.
Section ps pcefjo,, ;;U7 Subsection (a) states that the ineparation amt tran;mittal of Ilm This section provides fluit the Seeivtary will take lesion of progmsa! to t he (l'A )ongre i Bertion 30S to the stat utorilt-appromt site s"Icetion and'the ele inn eri'eri.. ic-This section authorizes, for the cimstruction of an interim away-spiired by statute'. Subsection (c) provides that the Nuelcar Itegulaw y fnim-reactor storage facility under ihis Act, the use of funds author-Conunission in nu iewine Ihe applientinn for a liceire filed by ilm Se.
ized to be appropriated for a similar facility uinier the fiscal year reinry for the initial facility inay not consider any alienialiw to tio 1t60 Department of Energy authorization legislation and funds un-stat utorily a pproved ite ordesign criteria.
thorized or appropriated to the Scenetary of Energy for such facili-In tiroviding that the tuv[mration mal trancmittal of tim propoel ties under previously enacted laws.
re piin d under this title shall not he a major Federal action und-r NEl'.L the (%mmittee is not expremine a lack of inten+t -in an a-irrix av--msrosai. or inmi-Ixvn. n.umucrive wasus unsum;rtNU Fmm ment of t he enviromnental impacts of t he pro lHbal. Indeed I m t 'UN-I 3
civius Nucuan acnvrrn3 mittee ex] mets that the prognsal will he aceoinpanied hv a ti orna"h Ncetion 1,01 nn.dvsis retting forth t he sienificant envinmmental cemsipience o f.i This section states the policy of the Federal govennnent t o p ro-sy>tJm of retrievable monit ired distural :unl providing hachgmmoi vide for a federally-owned and operated system for disimsal of all in formation, data and [urdictions concerning these con-e pmnce". Sub-high-level radioactive wastes from civilian nuclear activities.
section (a) reflects the Conunittee's selection of a particular timine The Conunittee intends that the Fedend responsibility for dispos:d sciluence for Congressional involvement in reviewing and mahing of any given <1uantity of high-level waste resulting from the openatinn duiie,es aMit a stwilie apluoMijo mi&n n* iUsted Ts 4s - g of a cinlian nuclear Imwerplant cononence when the spent. feel from imn is m:nle imee-sary by the nn,njue nature of the nuclear wa-te d.e-which the waste is derived has Imen t ransferred to ihe Secretary un.ler p"-al opt. ions as adalde to Ihe nat mn.
the pnivisions of Title II and that this responsibility extend as lona liy their very nature, several of three opt,mns w,dl lie resi' tant to as may bo necessary into the future. Thus the statement of mliev is thonmgh analysis and defensible cost estimation in the near term.
i
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this section is not m conflict, with the intent, expressed in subsection Geologie disineral, disposal in deegi drill lioles or invan sediinenk and unt (h), to maximize the use of availalile teminnary on-site storage inmlear transumtation are alternative conceptual approaelnw to nn-clear waste dingwat which the Conunittee feels erated inrestigation aml. in Ihe case of geolonie ih,are worthy of acerb facilitics for spent fuel.
-po-al. enriv demon-M ".'" M st ration. Ilowes er, under nearly any ' scenario, t he Nation i-mans
~
This section re<1uitvs the Secn tary of Energy to transmit a pro]wsal vcars away fn>m a deci-ion leading' to Ihe con 31ruetion of pe. ilie fr to Ihe Congress within one year for a system for distwal of highdevel l.ilities haJed on Ihere concepts. This cannot he said about ihe ce p-radi,metyvo waste resulting from civilian nuclear activities. The fa-inal approach of scetion ht! of the Act upon which the pnipo-ai t b editms m the system are to be designed so as to accomnuwlate th" (bnnnittee is rninertin-must. lie haml. There is little.lonha and storage of spent fuel without retuwyssing as well as the highdevel t he Committee's hearinIrecord sinmgly suppor ts t hi< s irw --t hat for rmlinactive waste pnalucts of ivpnicessing. The design shall also allow tie foreseeable fut ure, fet rievable, monitored storace of nuclear u w e for continucus monitoring and management of the waste, ready re-is a feasible disposal option. Its costs can I,e ucll maler-hnd an.1 ii <
t rieval of such waste for pnming or dis [msal, and shall lie aihnpiate sa fet y -naranteed to s pecificil levels of tolerance. In enaeline t i.i i n '
to pmvide indefinite storage through maintenance oi regdacennent of the CoEnnittee is mahing the judgement that this concept ual appoo. a ilm facility.
- shouhl fonn the basis for a specific executive branch prolmsal to be Tnu: v-nxaxcian ann 3xoi:3:ex.3 sulanitted within a ye:r to Congrtws. To resguim pielirration of a Bection M/
NEPA environnyental impact. statement, which inust cttempt to fully Subsection (a) estuhlishes a separate m consnt in the Tn arnry to re-cualyze cltcnutives to the conceptual spproach chosen, wonhl foiw cette all innds for the adniinistration of the interiin uml long-tenn the executive branch to devote a vast ainount of effort to the study and stonino facility, incluiling transimrtation, and pn.vieles ahat Ihe ev hmlion of n3ath;rs wloch i,ov not even relevant to the proposal Con-approlwiations for t he facility, l.onon ings for t he eni.wipn-nt..p..r.r gaws is respiest ing in ih,is legislat son.
tion of tim pn.gnon,as well us receipts and charge < ndlected pursuant to the prognon shall he covernl into Ihe account. Subw etion (lo pin.
cli ele:r that. Congress would have un opportuinty to rev,1,it,,s not at vales that the funds in the account will le usailable to the S.cretarv 31oreover, shonhl such an impact st atement lic,atteniptet i
iew the pro-luwd it is requesting in the f(ine inune set forth,in tim Act. The intent for expendilun to accoinplish the pump.+s of ahe Act rovpt f.,r ihk of tin,s Act is to obtain speceite design and cost. information for a par-research and developinent prograni which is separately nuthorized wluch such infonnation can be obtained ni a year.1,t chosen is one for and funded under the Departinent of Energy Authorization Act' amt ticular nuclear waste disposal concept, The concep he Couunattee does the study resguin d under title VI' not intend to deny itself this information by sulnnitting the proposal
- '.'" Y.,
sought to inappmpriate Inucedural wiguirenients. More linportantly, Subsection (a) unthorizes the Secretary of Energy to 1.orniw 3mng the Corninittee helieves that further delay in fonnulating a specific from the 'l rearnry to be wpaid with intenwt in such aneinnis as inav proposal which conhl hn implementnl if authorized unnen ssarily nul,.
jects the public to the uncertainties and potential hazards of ad hoe ho proviiint for in appropriation acts but not to exceed 90 million.
Subsection (b) luuvides timt any appropriations for the inserim management of imelear waste.
storago fac,lity shall le considered to be horrowings and >lmil likewise Upon authorization by Congress the usual requirements of the li.
i he repa,d wit h intere-t.
censmg pmcess, including the rc9uirements of the National Environ-i mental l'olicy Act, will apply, with only one exception. In pivparing an environmental impact statement under NEPA for the congressmn-nn.n vi-unv-u:va. wasic ally approved nuposal, or in considering the Seeirtary's application Hection COI I
for a heense for a facility in tije system, altenmtives to the site selection This section provides that,ihe Seen tary shall sulonit a n port io ahe so approved or the design enteria set forth m sectmn -102 of thi< Act Congirss within -1 numths evaluating several specific matters. and (for examJ e, the momto,nng capability and the fact. that the storace making ivronunendations, with respect to low-level nuliexictive warte d
'Ihe Conunittee,rmit retrieval of the waste) shall not he consnimmt.
Nothing in this title affects the authority of the Nuclear Regulatorv concept will pe a reasons for these spnpficat, ions should be clear. ne Conunission to license, or enforce the luuvisions of any license v.ith Congress will have dureted the m,lophon of a,particular conceptual wspect to, any low. level waste site, approach and authonzed const ruchon at a particular site. In fins con-text, ext,cusive consideration,of alternalive conceptual approaches and y g g, gm.,. m Emimmu Gimm m alternahve sites will only shvert etrmt imm the exhaust,te analysis 1he Committee fully expects will take place with wspect to the alterna-In acconlance with section 252(a) of the L gi4ative lb organim-t,ive ways of carrying out the statutory durctive.
t, ion Act of 1970, the connnittee pnivides the following e-timate of Section.(OC the cod of, the bill, which has been prepared by the Congies-ional U"d"I"""
K Snbsections (a), (h), and (c) wquire the Secretary to continue and aceclerate a program of ivscarch, <levelopment, and investigation of U.S. Comamss, technology for the disposal of high-level radioactive waste. Subsection Coxmmssmsar. Huma:r On ar, (d) directs the Secretary to reguni bis findings and naninnendations Washington, D.C., Den u,ber fft, if,;;i.
IIon as a part of his anumtl wport gunyuant to the Department of Energy Ch"mIlesuv M..bcusov, Organization Act or as he linds appropriate.
"d". (henillec on Furryy am/ Jo/a,a/ /a son,c, x, /g.x, x, v w, The Conunittee intends that alt ernalive technologies for the dispo. cal 11,avh e,"y/on. D.I!.
of high-level nulinactive waste be developed on an urgent basis. When Dean Mn. Cn.merax : Pursuant to Section Im of the Conerceional the state of knowledge concernine any of these technologies waches Ihniget Act of mit. the Congn s3ional itudget Omce Lu pn med t he p
the level which justifies a site-and cost-specific proposal the Commit-attached cost estimate for the Nuclear Waste Poliev Act.
fee expects to be notified. The adoptirni of this title in no way dimin-Shoubt the Conunittee so desin, we wouhl be pleawd to pnni&
ishes the Conunittee's interest in alternntive waste disposal tech-further details on t his estimate.
nologies. Rather, the approach adopted under section -102 is one which Sincerely, pennits the early implementation of any alternative technology for jp,u m.,. p, g g.n u m which superiority can he demonst rat ed.
(For Alice 31.1:ivlin, Director >.
illg ObH)tthM10 Ittilion.De new harj0ity won 0tD Or.* nungstOtd[ny [td
- CONGI ESSIONAL BtJDG17F OFFICE COST FSTIMATP.
att all t$tuttatetI a.ost of $1~0 titillie.n. [*lugrant Hippoll costs n'e e-fi-r herum:n 18, 1970.
anatal to userag. $10 million annually la t ween 1931 and 1996. m.d
- 1. UillN:.:Notyettssigned.
operating costs are pn@ eted to average un mhlitinnal $eu million per
- 9. llili tille: NuclearWastaPolicy Act.
year, Igisming in lust. Detailed. planning ellorts for hi:. h-leset
- 3. Ilill status: As ordered reported by the Senato Conunittee on ruohoactive wase dispond am expreted to coa N. million i.s er tite Ener;. y and Nat unit liesources, t h cember 10,1070, next two years. The low level imlinactive waste di po.a! y n.l.;
.,1.,
-1. Itill purpose: This hill directs the Secretary of Energy to estab.
nrigmrni by the hill is not expected to cost un.re than.,1 mitta..
lish xn interim nuclear spent fuel storage facility and to develon a
'2'he hill dinvis the Secretary of Enclay to charee fees to imacas detailed proposal for disposal of highdevel radioactive waste. The leer plants to cover t he stonige co4 s. This fee ma s alui con er rA.a. d Secretary is also to study the need for low-level nuclear w aste disposal.
d.searefs and.levelor, ment. costs and include a Hn dias.n. o.
...o er tin d n
8siwal c"sts. Iteceipts calculated for this e.timaic am 1.&ed un a
- 5. Cost estimate:
charge designed to cover the costs of interim Ment fuel storaue mot tin mmions ef donars)
Ano ri tion le et:,
the costs of resemvh and development activities. No charge is inchbled to cover di eal costs because plait-i are too prelitninat v. The charge M
300 1980 is estimated to be $306mo per metric ton of : pent fuel'. The deioan.
1981 for storace is hasal on a recent 1)O10 enrver of public utilities!cd in 1982 yy --
The following table shows the inujectni o,ts and receipts u Cd """IC-1985.
Fstianated Imttget authority:*
lhtirnated ouday3:
Fiscal year:
Fiscal yeur:
j pso -~ - --
1980 1981 333g
x zu 198. -- -
3 93, ~~-~
Blu 1983 115 39f -------'---'
I l-*
- - - - - - - - - - - - - - - ~ - - -
393g g;0 m - ---"
D*.a 1985 70 j9g Ibtimateil outlays:
IMinuded nEi'((
'~~~~---'-~~~~~-- "~~~~~~~
Fiseni year:
pg.nl yea r :
1980 5
j pg -- ----
m,e3
~ ~
jpst 19'c 110 39 g ~~~ ^
1983 0
3 9g + - ~-- ---
_-_---__-__-_-___-m..
- 11 gjg
~ ~ - - - - - - -
39g.g _
00 g
~
~~~~~ ~_'"
1085 t la sdditlen to the anihortred borrowing authority of $300 minton the 1418 eneelfles Stimated set t:
that funda authorized and appropriated for spent fuel aterare in alscal years 197!) and ygg.ut yent -
ItWO by other legislation than be aranatde for the purpaaes of this act.
13Nn __
sThis bin entablishes a special Treasury account to Huance spent fuel storage and bleh.
19'st
^"-- -
level rsdloactive waste disposal. The secretary of Energy in directed to draw from this fund wnhout further autherlmallan er appropriation action. This results la dirert spend-j gg a
- - - - - - - - - ~ ~ - - - - - --
Il gf"__"_*---*--*-_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___
~ :~ j-~
u$
ine sud creates the hndget authority shown.
mu The costs of thisbill fall within hudect function 270 1985 _ __ _ ___ _ _ -
o G. liasis of estimate:The hill e tablishes a special Treasury necount lo fumi spent fuel storage and high level radioactive waste disposal
- 7. Estimate compa rison: None, activities. In mhlition to the horiuwing authority of $100 million pro-
- 8. Previous C110 c: timate : None.
vidnl by the hill, receipts from storage aml disposal fees levied on D. Estimate preparnt by Mark Berkman.
nuclear power plants will also be deposited in the account. Itecause iho
- 10. Estimate approved by:
bill gives the Secretary of Energy authority to spend these receipts
.ie I Ihm amount of the receipts.The hill d, udget authority is created in the without. Congressional netion 1i
,g,4fauf p rectur for h/y. /.i mr/,/.A urets that all borrowing i e paul back with interest mnl that appn>priations for the interim storage facility With regard to this n port, the conunitter noies that no anthmit v afro im repaid.
is provided in ibis act to suppmt research mal development with fued-The estimated costs are based on preliminary Department of Energy generated through t hc one-time charge for spent fuel.
(1)OM) plans. These plans call for the acquisition of two private VIII. h:mwront lue.wr Ev.u.uxnox spent fuel storage facilities (with storage capacities of 750 metric tons and 1,750 metric tons) nnd the construction of a thii,d 5.000 met ric In compliance with paragraph 5 of Ihe rule X X1X of ahe.< tan 4 and the 1,750 metr,ic ton fac, ton facility wouhl he,ava,dable by InR3 ing Rules of Ihe Senate, the conunittee mahes the following es alnation ton facditv. The e50 metr,ic dity 1 y 1!61, with acquisitum costs total-
' cf the regulatory irnpact which would le incurred in carrying out the mission,dlDmlidemmission proceedings or in environ aenf al innpact -
respiimmentscf the bill:
statements, cf the need for power or a lternatives to nucle:r fuel wherc<
'Ihi2 bill is not. a regul: tory measure in the sense cf imposing such issues Inve been considered by a St:te public utility conunission federally estblished stand:rds or significant economic resp'onsibilities -
oran unregul:ted utility, on private individu:Is cnd business. Rather, the bill estabi ahes o def.
The Council strongly opposes the entiret y of then provisions climi-
- init > Federal twdicy of ultiinate ivyumsibility for the nulinactivo nating NEl'A n view. We believe that Nidl% can aint thonhl insuro wasto resulting from the operation of civilian nuclear powerplants.
environmentai review and considenition of alternat is es in t he s.ela rv The enactment of this legislation is likely to reduce the regulatory of Energy's seaith for sa fe and reliable waste management systems amt burden imposed on electrie utilities operating nuelcar ganverplants by faciliths. It is of paramount importance Ihat, at each step of the deei-pmviding policy guidance to local regidatory authorities und the sionmaking pmcess, unigress, the Seeirtary of Energy. and the Nu-courts in their internction with these ut ilities. The absense of a definite clear Regulatory Comrm,ssion consuler ulie'rnatnes to the anguntmt Federal policy with respect. to the disposition of spent nuclear fuel actions under review. This is the heart of any environmental unpact und high-level radioactive waste has created enormous uncertainty statement. 40 0.F.R. $ 1502.14.
which is nflected in public opposition to nuclear pmver and in the Fears about delays msulting from NEPA nyiews are unjustified.
reluet:nce of responsible regulatory and judicial ollicials to assumo You are f:uniliar with I he Council's new regulatiorls which n re designed ludicymaking roles to fill the vacuum created by the failure of the to achieve a reduction in paperwork and delay. h e are confident these Federal Govermnent to set forth a coherent poliev.
new regulations will reduce or eliminate ihe problems of delay to whicl.
No personal information would he collected in administering the t hese sections a re presumably directed.
provisions of the hill. Therefore, there would he no impact on per.
We believe the seh ction of nuclear systems and facilities can be made sonal privacy associated with enact ment of the bill.
pmmptly and effectively under existing NElu procedures.
Littie, if any, additional paperwork would result from implemen.
The Council requests the committee to delete sections 305 and 503 ot tation of the bdl.
S. 685. We strunt ready to be of assistance to the conunittee in dealing with these unportant Inatters.
IX. Execurivn ConnuNicarioNs
- SineMy, G us Senu, Chairman.
As the committee agreed to regmrt an original text with regard to nuclear waste policy, no executive conunumcations were mpiested or received regarding the committee. reported bill.
Set forth below are the relevant reports and commu dentions with regard to legislation referred to the committee dealing with this genend policy ama:
Exrcurivn Omcn or rnE Pm:sintNr.
CouNcn. oN ENvntoNMENTAr, QUALrrY, TVashington, D.C., Decem ber G,1979.
Ifon. JTexar M.JAcason, Ch airman, Committee on Energy and Natural Resources, Q
U.S. Senate, TVashington, D.C.
DeAa SENA'mR Jacusow I am writing to yois to convey t he objections of the Council to certe:n provisions of S. 685 introduced by Senator Johnston concerning the Federal nuclear waste program and other nucle;r matters.
Two sections of the bill would eliminate the wise and beneficial pro-visions required by Con-ress in the National Envinnunental Policy Act.
as part of the review ofactions proposed by the Federal Govenunent.
As int nxluced,section 305 of the bill would prohibit (a) any program-matic impact statement under the National Envinnunental' Policy Act on the Secmtary of Energy's pmimal to C<mgress for a nuclear waste management. system, (b) any considerat ion in an environmental impact statement of alternatives to the sixcific site or design sehcled by the Secretary for the initial facility as aut horized by Congress.and (c) any consideration by the U.S. Nuclear Regulatory Commission of alterna-tires to the site or design selected by the Secretary of Energy for the initial facility as authorized by Omgirss. Similarly, section 503 of the bill would pmhibit consideration by the U.S. Nuclear Regulatory Com-
5 E. Ot.nTLEMENTAL YlEWS or 8ENA**"*J l'uAbiEY NI. St rrumrum Yu.ws or Scxxn.n 11 u n n us Title H, of tlm Nuclear Waste 1%hev Act is intended to address the nent for the long-term 6imilion of high-level radioactive waste.
The Nuclear Waste l'olicy Act, as n twirtisi ley Ihe comimo, r. i-I' sve[uitvs the See.-Lry of Energy to provide Congirss with a i ro-rid of two major flaws which would have cau-e.1 me to opr., it-i posal for eita+tuville designs, siwritications anel cost estimates for t he pase. age in the original form. Wit h tim li.vn,ing pn>visom3 dehn,h uenial facility of a surface storage sysicm as an alternative to geo-and with the addition of clear policy guidelines to asrure t hat at-logie disposal. This l>roposal would be developed without the benefit powerplant interim spent-fuel sf oruge is maximized lefore we mnier-of an enynnumental impact statement, due to the explicit waiver in take the transporting of spent fuel to Federal away-innn-n actor section 405(a) of the NEPA requirements. Furthermore,if Congress (AFit) storage sites, there rvmain, in my opinion, three inne, w hich should act. to approve the pmimsal, there will never be an EIS on the wouhl require further attention on the Senate thwer. One i-the ipws matters of site and design, due to ihe N EPA waiver in section 405(h).
tion of ihe State role in ihe establishment of miclear waste centers. Th Finally, although such facility must be licensed by the Nuclear Regu-second is the appropriatemss of a NEP.i waiver for ilm loneirra latory Commission, the Commission wouhl be prohibited from con <id-retrievable >tonige system proporal demanded by t he bill. The thini ermg alternative sites or ditierent design criteria,ilne to the proviwinns is Ihe questinn of who pavs for ihe warte gerounun.
of svetion 105(c).
As my colleague on ihehunmit hv. Senator I honenici, is the hadin I appreciate ilm sponsors' desire to accelerate the resolution of the sinaesunm for a major State inte, I will not attempt to n iten tr hi-long-term disposal issue. IIowever, I believe that section 405 goes too argmnents, but will in-tcad connnend his armarks in t his rela.rt. no my fa r.
colleagues' attention. Amt I will defer likewise to my eulleaune (n.m Title IfI of the bill would establish Federal interim storage calme-New Jersey, Senator lirmlley, on the que3 tion of t he N EPI e aiver.
,ty to solve the inunediate problem of accumulated spent fuel that On the thini issue, that of covering waste manaeement cos. I u onhl i
cannot be stmrd at powerplant sites. With pmvision for Federal point out that few argue any more that thesr rost < rhonid in t he h.o n, away-from-reactor storage, I question whether the case has been made fully by Iho,e who genenite the wastes. In ahat irganl. Ihe comminee for a long-term storage facility that. wouhl permit ready retrieval of bill does establish a revolving fund for the purpose of con ring the ihe spent. fuel. Certainly. I do not lelieve there is sullicient urgem v to l'nergy Secirtarv's expenditmrs for lait h A Fl and loomte m siome.
justify abandoni,ng NEPA in Invparing for an initial long term sur-and it ihms prov'ide that such charges as the Secn tary shall e,abii.h facility.
for taking them wastes off utilities' hami< will go into Ihe fuml. Ilow-face disposal,f we um to move forward with a site-specific pro ever, the language of the bili needs to be ightened down.
such a facility, it is essential that Congress first obtain the mlmsal for Ilowever, i forma.
On the Senate ihmr I will offer an amemiment which i< de-icned tion an environmental impact statement wouhl develop. In this legis-to assure that the apparvnt intent of the bill in this mat ter of cort-i-lation, we are not just talking about a general description of a dispmal achiesed.The amemhnent will provide esplicitly :
system. Rnt her, we am talking alaint a prot => sal t hat is snificientiv.te.
That all obligations of the resob ing fund u ill be c.o cied L.
tailed and specific to permit solicitation of construction bids on the charges to fim utilities; first facility. That kind of specilicity demands thonmgh environ.
That the expemlit mrs fnnn t he Imni (and t hen e rmr t he chare. <
mental analysis.
to the niilities) will cover all t ran-portation of t he di+nt fnA i For this reason,1 believe the broad NEPA waivers of section 105 wiiich the Government takes title, all nw of facilitie, noendan as reported out by this Connnittee are inappropriate.
to such Inmstmrtation and to Ihe storage or di-1wi-al of sich w a-s e.
Un.r. Ihnnin, and all con-t rurtion, openition and maintenance of l'ederal fa-cilitles establi-hed for such storage or di-po-a!:
ps; That any appnipriations made for such t ransportation. -tmaue or disposal wdl go into the fund and le rompicicly seimhnnahir to I he Te casury, wil h interert ; and That expen'dit ures from the fund be enhicci to coo p e-ion.d conirol via approval in annual appiopriation-act.
With this amemlment, with provi< ion of a meaninu ful state s ole in the waste storage and disposal pnwvss, and with a re-coped N Elu provision,1 Imlieve t his full will be a s ery valuable acp h rsa v on a necessary path to managing the nuclear waste gnoblem.
.il unc t h 11 vn.i i n.
c.50
I believe that ny consultationknd concurn nee provision adopted by the Conunitteo should be flexible enough in its cluercterizalion of-
.the pmcess cf participation thrt c.ll fifty st:tes would be emered by its provisions. Jr. must imp;rt me:ningful innvers to the states for the protection of their citizenry's health and safety. Unhss this ptwes IS II"*IhI" and yet firm, it. will only creat. nowillingue>s on t he pa t of states to net as hodta to nuclear waste fac:ditles.
XII. Surru:neum W.ws or Sexxmu Donenn i Whether we are contemplating the long-term storage of nuchar Prm V. Douma.
wasta or its pernmnent, disposal there is one element which will deter-mine if either is to be done in a timelv and sati.sfactory manner; states aust. p,la,y a meaningful role in the development of these facilities. In recogmtion of this fact the President's Interagency lleview Group i
(IRG) on nuclear waste management called for a process whereby
- st;tes could " consult and concur" on the creation of nuclear waste Ecilities. In contrast to a situation where states wouhl exercise an' crbitrary veto, the IltG envisioned the followinginess:
Consultation and concurrence, b contrast, implies an on-going dialogue, participation and he development of a co-operative reintionship between states and all relevant Federal h
cgencies during program planning and the site identification c.nd characterization programs on a regional basis using the systems appmach, through the identification of specific sites, the joint decision on a facility, any subse<ptent licensing proc-ess and through the enfim period of o ration and decommis-sioning. Under this appmach the Jtate effectively has a continuing ability to participate in activities at all points thmughout the course of the activity and, if it deems appro-priate to pmvent the continuance of Federal activities. The IRG believes that such an approach will lead to better protec-tion of the States' interests than wouhl a system of State reto by which is usually meant that a State approves or disap-proves of Federal activities at one specific moment, as well as ensure effective State participation in the Federal Govern-ment's waste management progrmn. Such an approach will c.lso lead to freer access to areas for the conduct. of geologie investigations.'
At the time this bill was reported out of the Committee on Energy rend Natural Resources the Committee was continuine its considerntion of n provision which would provide for active participation of states in nuclear waste facilities. The Committee has discussed this issue on nnmerous occasions and recognizes its importance.
Without such a provision some aspects of this legislation would be totally unsatisfactory.The need for state involvement is heightened by the bilPs limitations on the scope of the Environmental Impact Statement (EIS) for any long-term disposal facility. Since the in-restigation of alternatives in the EIS is prohibited, it. is even more ewntial that states am able to exact Fullicient information about the facility to satisfy its need to ade<ptately overse~e the public's health and safety.
mn wo,en t."-Reggwt to the President by the Interagency Review orcup on Nuclear Waste t Psre 93 i
(30) a
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