ML20154P889
| ML20154P889 | |
| Person / Time | |
|---|---|
| Issue date: | 12/31/1979 |
| From: | Ryan R NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Dircks W NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| References | |
| TASK-TF, TASK-URFO NUDOCS 9810230096 | |
| Download: ML20154P889 (6) | |
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~g, UNITED STATES
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NUCLEAR REGULATORY COMMISSION o
rE WASHINGTON, D. C. 20555
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DEC 31 1979 MEMORANDUM FOR: William J. Dircks, Director, NMSS FROM:
Robert G. Ryan, Director, OSP g
SUBJECT:
COMMENTS ON H.R. 5923 (MR. CARR)
As we read this bill, it applies to defense related high level wastes and spent fuel which might be received by the Department of Energy for permanent disposal.
The bill mirrors the McGovern amendment and other bills which provide for an absolute State veto of a waste disposal site.
The Commission has dealt with this issue in the report to Congress NUREG-0539 forwarded in March of 1979. The Office of State Programs supports the A
position taken by the Commission which would provide for a Congressional
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V override of a negative action by a State after a suitable time period.
The question of NRC jurisdiction is involved because commercial spent fuel disposal is licensable under the Energy Reorganization Act of 1974. The bill would create concurrent jurisdiction over some forms of waste and confuse the responsibilities of NRC and DOE.
For these reasons, the Office of State Programs sees little merit in H.R. 5923.
1 Robert G. Ryan, Di' rector Office of State Programs
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Sheldon Trubatch, GC i
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9810230096 791231 i
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00rn CONORESS 1st SE881oM To amend the Energy Reorganization Act of 1974 and the Atomic Energy Act of 1954 to require the Secretary of Energy or the Secretary of Defense to notify State legislatures whenever construction of a radioactive waste storage facility in a State is proposed and to permit a State legislature to disapprove of the use of any site within the jurisdiction of the State for radioactive waste storage.
O IN THE HOUSE OF REPRESENTATIVES NovEMDER 16,1979 Mr. CARR (for himself and Mr. WOLPE) introduced the following bill; which was referred jointly to the Committees on Armed Senices, Interior and Insular Affairs, and Interstate and Foreign Commerce A BILL O
To amend the Energy Reorganization Act of 1974 and the Atomic Energy Act of 1954 to require the Secretary of Energy or the Secretary of Defense to notify State legisla-tures whenever construction of a radioactive waste storage facility in a State is proposed and to permit a State legisla-ture to disapprove of the' use of any site within the jurisdic-tion of the State for radioactive waste storage.
1 Le it enacted by the Senate and House of Representa-2 tives of the United States of America in Congress assembled, 3 That section 107 of the Energy Reorganization Act of 1974 i
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1 is amended by adding at the end the following new subsee-l 2 tion:
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"(g)(1) The Secretary of Energy shall notify the presid-4 ing officers of the relevant State legislature of a proposal to 5 use a site within that State for radioactive waste storage 6 purposes.
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"(2) The Secretary of Energy shall provide the officers 8 referred to in paragraph (1) with such detailed information 9 about the proposed use of a site within that State for radioac-g 10 tive waste storage as they may desire.
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"(3) The Secretary of Energy shall not construct a ra-12 dioactive waste storage facility at any site in a State if the 13 State legislature of such State has, within six months of the 14 notification in paragraph 1, adopted a concurrent resolution 15 disapproving the use of the site for that purpose.
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"(4) For purposes of this section-17
"(A) the term ' radioactive waste' has the same O
18 meaning given such term by section 274 p. (2) of the 19 Atomic Energy Act of 1954; and 20
"(B) the term ' State' has the same meaning given 21 such term by section 274 n. of the Atomic Energy Act 22 of 1954.".
23 Ssc. 2. The Atomic Energy Act of 1954 is amended-24 (1) by inserting after section 92 the following new 25 section:
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1 "SEc. 93. DISPOBAL SITES.-
2 "a.-(1) The Secretary of Defense shall notify the presid-g 3 ing officers of tLa relevant State legislature of a proposal to 4 use a site within that State for radioactive waste storage l
5 purposes.
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"(2) The Secretary of Defcase shall provide the officers 7 referred to in paragraph (1) with such detailed information 8 about the proposed use of a site within that State for a radio-9 active waste storage as they may desire.
O to "d. The Secretary of Defense snaii not proviae for the 11 construction of radioactive waste storage facility at a site in a 12 State if the State legislature of such State has within six 13 ! months of the notification in paragraph 1 adopted a concur-14 rent resolution disapproving the use of the site for that pur-15 pose.
16 "c. For purposes of this section, the term ' radioactive 17 waste' has the same meaning given such term by section 274 O
18 p. (2) of tids Act."; and 19 (2) by adding at the end the following new sub-20 section:
21 "p. (1) A permit or license may not be issued under this 22 Act to a person or to an agency of the United States to 23 construct a radioactive waste disposal facility at a site in a 24 State if the State legislature of such State has adopted a
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1 concurrent resolution disapproving the use of the site for that 2.-purpose. In the case of a radioactive waste storage facility-3
"(A) for which the Secretary of Energy seeks 4
such a permit or license, no permit or license may be 5
issued under this Act unless the Commission deter-6 mines that there has been compliance with the notifica-7.
tion requirements set forth in section 107(g)(1) of the 8
Energy Reorganizatioa Act of 1974; or 9
"(B) for which the Secretary of Defense seeks 10 such a permit or license, no permit or license may be 11 issued under this Act unless the Commission deter-12 mines that there has been compliance with the notifica-13 tion requirements set forth in section 93 of this Act.
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"(2) For purposes of this subsection, the term 'radioac-15 tive waste' means-16
"(A) a radioactive material generated in a facility 17 for reprocessing spent reactor fuel elements and result-0 18 ing from the operation of the first cycle solvent extrac-19 tion system, and the concentrated material from subse-20 quent extraction cycles, or equivalent cycles, of such 21 facility; 22
'"(B) any spent reactor fuel elements designated 23 for permanent disposal in the United States; and 24-
"(C) any other radioactive material generated by 25 any facility, excluding routine releases allowed under
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1 the conditions of any facility license or, if no such li-2 cense is required for a facility, wastes equivalent to 8
routine releases.".
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