ML20154Q679

Forwards Amends to Waste Mgt Provisions of Representative Udall Omibus Nuclear Legislation,For Info

ML20154Q679
Person / Time
Issue date:	06/03/1980
From:	Kammerer C NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA)
To:	Ahearne J, Gilinsky V, Kennedy R NRC COMMISSION (OCM)
References
TASK-TF, TASK-URFO NUDOCS 9810260047
Download: ML20154Q679 (27)

Text

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UNITED STATES

i. NUCLEAR REGULATORY COMMISSION 5 E WASHINGTON, D. C. 20566 3.,...../ gDc JUN 0 31980 y7< '

MEMORANDUM FOR: Chairman Ahearne Comissioner Gilinsky Comissioner Kennedy Comissioner Hendrie Comissioner Bradford  ;

FROM: Carlton Kamerer, Di cto -

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Office of Congressio rr n

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SUBJECT:

WASTE MANAGEMENT AMENDM5NTS TO H.R. 6390 Enclosed, for your information, are amendments to the waste management i provisions of Representative Udall's (D-Ariz) omnibus nuclear legislation.

The Subcommittee on Energy and the Environment will mark up H.R. 6390 on Wednesday, June 4, at 9:45 a.m.

Enclosure:

As stated t

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l Amendment to H.R. 6398 L Offered by Mr. Udall  ;

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Beginning on page 28, strike out line 1 and all that  ;

follows down through page 47, line 7, and substitute the following:

1 TITLE II--AMENDMENTS RELATING PRIMARILY TO RADIOACTIVE WASTE Subtitle A--Nuclear High-Level Waste Repositories  !

findings and purposes

' zi]J Sec. 291. (a) Findings.'--The congress finds that--

l '(1) efforts made during the past 39 years to devise-  ;

a permanent solution to the problems of nuclear waste l

disposal have not been adequate, a

(2) the accumulation of nuclear waste from military l

, activities, commercial reactors, and activities related l

to medical research, diagnosis, and treatment, as well as nuclear waste from other sources, has created a

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national problem which can be resolved only with the cooperation of the Federal Government and the States; (3) the construction of repositories fcr the permanent disposal of nuclear high-level waste and spent fuel is a Federal responsibility and is in the national interest; .

(4) the disposal of nuclear waste is a potentially hazardous operation which should be subject to

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appropriate oversight by affected State and local

, governments;

'se (S) public participation in planning and development of repositories fer the disposal of nuclear waste is essential in order to promote confidence among the h public with regard to the safety of disposal of nuclear waste; and (6) the provision of nuclear waste repcsitories in accordance with this subtitle would provide reasonable

- {]) assurance that methods of safe permanent disposal of nuclear high-level waste can b'e available when such methods are needed.

(b) Purpose.--It is the purpose of this subtitle to--

e (1) set forth the responsibilities of the Secretary i of Energy, the Nuclear Regulatory colamission, the Congress, and the President with respect to the lic ens ed. '

• i development and construction of permanent repositories

.(} for nuclear' high-level waste and spent fuel, including 1 the dates by which certain activities must be carried out; and (2) provide fcr State participaticn in decisionmaking on waste repository site development and f or Federal assistance for States impacted by repository construction or operation. '

responsibilities of the secretary of energy l

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Sec. 2E2. (a)' Selection of Repository Sites.--(1) The l j

Se6tetary of Energy (hereinafter in this subtitle referred.

to as the Secretary) shall carry out a program to

. construct and operate permanent licensed repositories for the disposal of nuclear high-level waste and spent fuel.

. Under the program, the Secretary shall identify and d

recommend to the congress at least four potential repository sites which the Secretary considers suitable for development

'; as licensed commercial repositories. Such sites shall be

(]) located, to. the maximum extent practicable, in four differe'n't geologic media. Recommendations for two of the

. sites shall be submitted to the congress by December 1, 1981, and recommendations for two additional sites shall be made by December 1, 1983.

(2) Sites which shall be examined under this subsection shall include those consisting of the following geologic media: basalt, tuff, granite, salt, and such other media as the Secretary may consider suitable. No site shall be

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recommended to the Congress under paragraph (1) unless the Secretary considers such site potentially suitable for future use as a permanent licensed repository for the disposal of nuclear high-level waste and spent fuel.

(3) After identification of the four initial potential repository sites under paragraph (1), the Secretary shall continue to conduct screening at other locations to 1 ,

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. o , o determine the availability of additional potential l repository. sites in the geologic media described under r

paragraph (2).

(b) Site Elimination Criteria.--Not later than February .

15, 1981, the Secretary shall, in consultation with the

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Council on Environmental Quality, the Environmental L

Protection Agency, the Nuclear Regulatory Commission, and the United States Geological Survey, l'ssue guidelines for l

l the elimination of sites from consideration for use as l (]) permanent repositories for the disposal of nuclear high-level waste or spent fuel. Such guidelines shall include criteria with respect to association of the sites with valuable natural resources, proximity to populations, hydro-geophysics,' seismic activity and such other criteria as the Secretary may consider appropriate. The Secretary shall use these guidelines in screening sites for selection under P

subsection (a) fcr characterization for possible development into licensed commercial repositories.

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(c) Repository Site Characterization.--(1) Before proceeding to sink shafts at any repository site selected l ,

[ under subsection (a), the Secretary shall submit a site characterization plan for such site to the commission I

containing~ the information required by the Commission under its procedures for licensing deep., geologic nuclear high-level waste and spent fuel repositories. The Secretary shall 4

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Q , O also submit to the Commission proposals describing the  ;

apDropriate form or packaging for the waste material which would be emplaced in the repository. In carrying out activities at each repository site, the Secretary shall l consult on a continual basis with the Commissicn.

Opportunities shall be provided for participation by the l public and the affected States with respect to such consultations.

(2) At repository sites for which site characterization Q reports have been submitted under this subsection, the Secretary shall conduct such tests as may be necessary to provide data required for commercial' repository licensing and for compliance with the National Environmental Policy Act of 1969, except that in no case shall tests at any site involve the use of more than 40 canisters containing an amount of high-level radioactive waste equivalent to the output of one commercial nuclear reactor during a period of

(] three years, or 180 spent fuel assemblies.

(3) The Secretary shall not continue characterization activities at any site if the Secretary or the commission che'termines that site to be unsuitable for eventual development as a repository for the permanent disposal of nuclear high-level waste and spent fuel. If the Secretary makes such.a determination, the Secretary shall submit a report containing the reasons for such decision to the t -. . . - . -- -- - -

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(4) The recommendation of a repository site under  :

subsection (a) shall not be considered to be a major Federal action under section 102(2)(C) of the National Environmental Policy Act of 1969.

(d) Recommendation of Permanent Repository Sites.--

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(1)(A) Not later than March 30, 1988, the Secretary shall  !

submit to the President for his review under section 206(b) l a recommendation of the site which the Secretary considers most qualified f or application for license as a permanent

{]) i repository for nuclear high-level waste or spent fuel (or i

both). After such date, the Secretary may submit to the  !

President recommendations for other sites which the l l

Secretary also considers suitable for such purpose. Together j i

with the recommendation of a site under this paragraph, the Secretary shall submit to the President a report containing the following:  !

{

, ~} (1) A description of the proposed repository, including engineering plans for the facility.

(11) A description of the waste form or packaging proposed for use at the repository.

(iii) A discussion of data, obtained in site characterization activities, relating to the safety of the repository site.

(iv) A final environmental impact statement for the

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O site and the design of the repository as required under

, the National Environmental Policy Act of 1969 together with comments made concerning the' environmental impact statement by the Department of the Interior, the Council on Environmental Quality, the Environmental Protection Agency, and the Nuclear Regulatory Commission.

(v) Preliminary comments of the Commission concerning the extent to which the at-depth _ site characterization analysis and the waste form proposal f]) for the site. seem to be sufficient for inclusion in any .

application tc be submitted by the Department of Energy for licensing of the site as a permanent repository for nuclear high-level waste or spent fuel.

(vi) The views of any Nuclear Waste Repository Impact Review. Board of a State, and any governing body of an Indian tribe, which is affected by such site, as determined by the Secretary.

(]) (vii) Such other information as the Secretary considers appropriate to provide a complete statement of L

the basis for the recommendation of the site for

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licensing as a permanent. repository for the development of nuclear high-level waste or spent fuel.

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(B) If the approval of a site recommendaticn for the i

' initial permanent repository proposed as required under subparagraph (A) does not take effect as a result of the i

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8 operation of section 206(b) or 206(c), the Secretary shall resubmit to the President under section 2E6(b), within one year after the disapproval of the recommendaticn, a recommendation of another site for an initial permanent repository for nuclear high-level waste or spent fuel, together with a report as described under subparagraph (A).

(2) The Secretary shall submit an application for a permit under the Atomic Energy Act of 1954 for the construction of a permanent repository for nuclear high-(]) level waste or spent fuel at any repository site nominated in the report submitted under paragraph (1) upon the end of the 90-day period referred to in section 206(c) unless the . ,

site is disapproved under such section.

Responsibilities of the Nuclear Regulatory Commission and the Environmental Protection Agency Sec. 203. (a) Promulgation of Standards.--(1) Not later

-than January 31, 1981, the Nuclear Regulatory Commission

[]} shall, by rule, promulgate standards and requirements for the licensing and regulation of the permanent disposal of nuclear high-level waste and spent fuel. Such standards and requirements shall be consistent with the applicable general standards promulgated by the Administrator of the Environmental Protection Agency under paragraph (2).

l (2) As soon as practicable, but not later than June 31,

1981, the Administrator of the Environmental Protection I

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9 Agency shall, by rule, promulgate standards and requirements of' general application pertaining to the licensing and regulation of the permanent disposal of nuclear high-level waste and spent fuel. The Administrator shall consult with the Nuclear Regulatory Commission before promulgating any tule under this paragraph. ,

i (b) Status Report for Construction Permit Application .--

No later than 2 years after the date on which an application l for a construction permit is submitted under section es j 222(d)(2),

L.) the Commission shall submit a report to the Congress' describing the proceedings undertaken through such date with regard to the permit application submitted, including a description of-- i (1) major unresolved safety issues; (2) matters of contention regarding the application; and (3) any Commission actions regarding the granting or m denial of the permit.

U (c)

Decision Regarding Construction Permit Application.--

Not later than 4 years after the date the initial construction permit application is submitted under section 202(d)(2),

the Nuclear Regulatory Commission shall issue a final decision granting or denying such permit.

states Participation .

Sec. 204. (a) State Review Boards.--( 1) The provisions

.j ' UDALLc69 1B of this section shall be applicable only in the case of any

' Nuclear Waste Repository Impact Review Board (hereinaf ter ref erred to as a State Review Board ) that-- '

(A) has the composition and authorities described l'n this subsection; (B) is established under State law by any State in which there is located a site recommended to.the Congress by the Secretary under section 282(a) as a potential repository site for which a characterization

(]). study should be done,.or recommended under section 292(d) as the site for a permanent repositcry; and (C) is determined by the Secretary of Energy to be established in accordance with this section.

(2) Each State Review Board shall be composed as I

determined by the State under State law, except that the i following shall be provided for by such law:

(A) The general public, any af'fected Indian t' ribe, l

( )' and affected local governments shall be represented by members on the Board.  !

(B) The State Review Board shall.have the authority to:

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(1) Study and determine the possible economic, i I

environmental, and social impacts, and possible impacts on'public health and safety, of a repository I

for the permanent disposal of nuclear high-level i.

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waste or spent fuel.

(11) Draft r,roposals suggesting assistance which would be required to be provided by the Federal Government to remedy or lessen the impacts identitled under subparagraph (A).

(iii) Review the activities undertaken by Federal agencies with respect to possible repository sites within the State and, as appropriate, submit rolevant suggestions with regard to such activities

{JT to the Congress or appropriate Federal agencies.

(C) The State Review Board shall hold meetings open to the public not less than once every 2 months, at which meeting the Board shall receive and to the extent practicable place on its agenda matters submitted by any Board members.

(b) Participation in Repository Licensing Decisions.--

(1) Upon the submission to the President of the

{~) recommendation of a site for 'a permanent repository for the disposal of nuclear high-level waste or spent fuel, the State Review Board of the State in which the site is located mIy,bymajorityvoteofthemembershipoftheBoard, submit a petition to the cdngress requesting that the congress disapprove the site designation. A State Review Board may l submit such a petition to the congress not later than the 3eth day after the date that the President approves the site i

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O .12 recommendation under section 206(b) and submits the

. . t recommendation and report 'of the Secretary of Energy to the

. Congress. A petition shall be considered to be submitted to the Congress on the date of the transmittal of the petition to the Speaker of the House and the President Pro Tempore of '

the Senate. The petition shall be accompanied by a' statement of reasons explaining why the petition should be cgranted.

(c) Impact Assistance.--(1) After the effective date of

<{]) .the approval of a permit for the' construction of a

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repository for the permanent disposal of nuclear high-level

. waste or spent fuel, the State Review Board of the affected State -may submit to th' e Congress and to the Secretary of Energy, the. Secretary of Transportation, or any other appropriate Federal agency a detailed request for technical or economic assistance, in such form or manner as the Board considers necessary, to mitigate the adverse impacts which- 4

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will likely' result from the c'onstruction or operation of the '

repository and to protect the health and safety of the

.public, together with such-requests for legislative changes -

as the Board may consider necessary to mitigate such f

impacts. The Board shall submit with any such request a report' which contains a detailed explanation of the L

anticipated adverse impacts from the repository and the

reasons.that the Board has. requested the assistance or d

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.; uppgs, i O O l 13 legislative changes specified in the report.

(2) Any Federal agency which'has received, within the 90-day period beginning on the effective date of the construction permit for the repository, a request for assistance under paragraph (1) from a State Review Board, or from the governing body of an Indian tribe as provided'under section 205, shall submit to the Congress its evaluation of such request, including evaluations pertaining to the cost-of the proposals and their feasibility, together with such

( )- recommendations for alternative or supplementary assistance .

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or legis1ative changes as the agency involved may consider ,

to be appropriate. The agency shall submit such evaluation and recommendations to the congress within 90. days after receiving such a request.

1 (d) Funding.--(1) Subject to paragraph (2) and to the availability of funds to carry out this section, the

. Secretary shall provide'to each State Review Bcard such

( funds as may be necessary to provide technical assistance to

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the Board and to permit the Board to carry out its duties, except that at least 10 percent of the total budget of the

. Board shall be provided by the State from non-Federal funds l as its State share. Salaries and travel expenses which would l

l: ordinarily be incurred by any State or local government i

l' shall not be considered part of the budget of the Board and shall not be eligible for payment under this section.

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(2) At the end of the one-year period beginning on the

.ef'f ective date of any operating license fcr a repcsitory in a State, no Federal funds shall be made available under this subsection for the State Review Board in which the repository is located, except for--

(A) such funds as may be necessary to support Board l l

activities related to any other repository located in,  !

or proposed to be located in, such State, and which has not been operating under license for more than one year;

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'(B) such funds as may be necessary to support Board

[. activities pursuant to agreements or contracts for l

assistance entered into under subsection (c) by the

! Board with the Federal Government before the end of such one-year period.

l (e) Participation in licensing.--A State Review Board may participate in any licensing proceedings related to l (]) repositocles for the permanen't disposal of nuclear high-i level waste or spent fuel which are to.be located in or adjacent to the State in which the Board is constituted.

L (f) Consultation.--The Secretary, the Commission, and other agencies involved in the construction or operation of a waste repository in a State shall provide to the State Review Board of such State, and to the governing body of any i

Indian tribe on or adjacent to 3 hose reservaticn the

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UDALL869- , .

15 repository site is located, timely and complete information regarding determinations or plans made with respect to the siting, development, design, construction, operation, or regulation of the repository.

1 (g) Study to Provide Impact Assistance to Local Communities.--The Secretary shall conduct a study to determine the desireability of and possible methods of

-imposing fees, with respect to nuclear utilities, to make sums available for assistance to those communities impacted

() by licensed commercial .

repositories for the disposal of nuclear high-level waste or spent fuel. The study shall be designed to determine (1) the amount of any fee to be

, levied and the manner in which it would be assessed, (2) the process for determining which communities should be eligible

- to receive assistance with amounts generated by the f ees, and (3) appropriate conditions which should be required with respect to the expenditure of assistance grants.

[( ) Participation of Indian Tribes Sec. 205. (a) Authorities of Tribal Governing Bodies.--The governing body of any Indian tribe on whose reservation is located a site recommended to the Congress by the Secretary under section 202(a) as a potential repository site for which a characterization study should be done, or recommended under section 202(d) as the site fcr a permanent repository, shall--

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UDhlL969

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16 (1) have the same authorities provided to State Review Boards under section 204(b) and (c); and (2) be eligible for impact assistance as described in section 204(c)(1) in the same manner as State Review Boards.

(b) Assistance to Tribes.--Subject to the availability of funds to carry out this section, the Secretary shall provide to the governing body of each Indian tribe referred to in subsection (a) such funds as may be necessary to

() provide technical assistance to.the tribe and to conduct the

. activities described under section 204(a)(2)(B) and (C) and other similar activities related to the repository. At the end of the one-year period beginning on the effective date of any operating license for a repository located on a reservation, no Federal. funds shall be made available under this subsection to the governing body of the Indian tribe on whose reservation the repository is located, except for--

(1 (1) such funds as may be necessary to support l activities related to any other repository located in, or proposed to be located in, such reservation, and Which has not been operating under license for more than

! one year; and (2) such funds as may be necessary to support L activities pursuant to agreements or contracts for assistance entered into by the Board with the governing

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(]) . (]) 1 17-body of the Indian tribe before the end of such one-year

-period.

I (c) Participation in Licensing.--The governing body of any . Indian tribe shall be eligible to- participate in any

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' licensing proceedings related to repositories fcr the permanent disposal of nuclear high-level waste or' spent fuel which are to be located in or adjacent to the reservation of such tribe.

Review of Repository Site Selecticn n

\s) Sec'. 206.-(a) Potential Repository Sites.--The designat' ion'by the Secretary, pursuant to a recommendation submitted to the Congress under section 202(a), cf a site for character 12ation for possible disposal of nuclear high-level waste or spent fuel shall be effective unless, during the first period of 90 calendar days of continuous session of the Congress after the date of transmittal of the

l. recommendation to the Congress, the Congress passes a

.( )- concurrent resolution the matter after the resolving clause

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of which reads as follows: The Congress disapproves the i

designation of the site at -------- for characterization

. for possible disposal of nuclear high-level waste or spent fuel., (the blank space being filled with the geographic location of the proposed repository site).

(b) Presidential Review for Permanent Sites.--(1) The

President shall review each recommendation for the location i

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18 of a permanent repository submitted by the Secretary of Energy under section 202(d), together with the accompanying report. Within 30 days after the submission of the recommendation and report, the President shall either approve the site and transmit such recommendation and report to the Congress, together with a statement reccmmending approval of the site for the permanent repositcry, or shall disapprove the site and submit notice of the disapproval to the Secretary and to the congress.

r~s (2) The President may delay for not more than 6 months his decision under paragraph (1) for recommending approval-or disapproval of a site upon determining that the information provided under the environmental impact statement or the site characterization for the site is not sufficient to permit a decision within the 30 days referred to in paragraph (1).

(3) The designation of a site for a permanent repository

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(_) for nuclear hig v. level waste or spent fuel shall be effective upon approval of the President under paragraph (1) unless a State Board has submitted to the congress a petition for disapproval under section 204(b) or the governing body of an Indian tribe has submitted such a petition under section 205. If any such petition has been submitted, the approval of the designation shall not be 4

ef f ective except as provided under subsection (c).

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(G 19 (c) Ccngressicnal Review for Permanent Sites.--(1) If the President submits to the Congress under subsection (a) a recommendation for approval of a site as a permanent repository and either a State Board submits to the Congress a petition for disapproval under section 204(b) or the governing body of an Indian tribe submits to the Congress such a petition under section 205, the designation of such site for a permanent repository for nuclear high-level waste or spent fuel shall not be effective unless, during the kJ first period of 90 calendar days of continuous session of the Congress af ter the date of tra' nsmittal of the recommendation of approval by the President to the Congress, the Congress passes a concurrent resolution the matter after the resolving clause of which reads as follows: The Congress approves the designation of the site at --------

for a repository for the permanent disposal of nuclear high-level waste or spent fuel.; (the blank space being filled

- with the geographic location of the proposed repository site).

(2) Paragraphs (3) through (7) of this subsection are enacted by Congress--

(A) as an exercise of the rulemaking pcwer of the Senate and the House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to i

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the procedure to be followed in that House in the case l

l of resolutions described by paragraph (2) of this i subsection; and it supersedes other rules only to the j extent that it is inconsistent therewith; and l

(B) with full recognition of the constitutional l

l right of either Ecuse to change the ~ rules (so f ar as j relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of r any other rule of the House.

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(3) A resolution described by paragraph (1) once '

l introduced with respect to any submittal shall immediately 1

I be referred to a committee (and all resolutions with respect l to the same submittal shall be referred to the same comm ttee)'by the President of the Senate or the Speaker of the House of Representatives, as the case may be.

(4)(A) If the committee to which a resolution with

,g respect to a submittal has been referred has nct reported it

! (_)

at the end of 20 calendar days after its referral, it shall be in order to move'either to discharge the committee from further consideration of such resolution or to discharge the co'mmittee from further consideration of any other resolution with respect to such submittal which has been referred to the committee.

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(B) A motion of discharge may be made only by an i

individual ~ favoring the resolution, shall be highly

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Driv 11eged (except that it.may not be made after the '

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committee has. reported a resolution with respect to the same

. submittal) and. debate' thereon shall be limited to not more than one hour, to be divided equally between these favoring and those opposing the resolution. An. amendment to the motion shall not be in order, and it shall not be in order I to move to reconsider the vote by which the motion was agreed to or disagreed to.  ;

(c) If .the motion to discharge is agreed to or disagreed

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to, the: motion may not be renewed, nor may another motion to discharge the committee be made with respect to any other resolution with respect to the same submittal.

.(5)(A) When the committee has reported, or has been dischargedfrom further consideration of, a resolution, it shall be at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution.

() motion.shall be highly privileged and shall not be The l debatable. An amendment to the motion shall not be in order,.and it shall not be in order to move to reconsider  ;

Lth'e vote by which the motion was agreed to or disagreed to.

! (B) Debate on the resolution referred to in subparagraph (A) of this paragraph shall be limited to not more than 10 l

hours, which shall be divided equally between those favoring l and those opposing such resolution. A motion further to

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U DAI.I:26 9 22 limit debate shall not be debatable. An amendnent to, or motion to recommit, the resolution shall not be in order, and it shall not be in order to move to reconsider the vote 1 by which such resolution was agreed to or disagreed to.

(6)(A) Motions to postpone, made with respect to the discharge from committee, or the consideration of a resolution and motions to proceed to the consideration of other business, shall be decided without debate.

{; (B) Appeals from the decision of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resciution shall be decided withcut debate.

(7) Notwithstanding any of the provisions of this subsection, if a House has approved a resolution with respect to a submittal, then it shall not be in order to consider in that House any other resolution with resepct to the same such submittal.

)

(d) Computation of Days.--For purposes of subsections (a) and (b) of this section--

(1) continuity of session of Congress is broken only by an adjournment sine die; and (2) the days on which either House is not in session

, because of an adjournment of more then 3 days to a day i-certain are excluded in the computation of the 90-day period.

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' i Judicial Review of Agency Actions 1 Sec. 287. Notwithstanding any other provision of law, the actions taken by the Department of Energy in designating

any site for characterization or in designating an initial

site as.a permanent repository for. nuclear high-level waste or spent fuel, or any act1~ons taken by the Nuclear ,

Regulatory - Commission in granting or denying any  ;

r construction permit application submitted under section  :

282(d)(2) or any. operating permit for such a facility shall

. (])

not be subject to judicial review except as prcvided in this j subsection as follows:

j (1) Claims regarding any such action may be brought

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[ not later than the 60th day following the date of such )

i action, except that if a' party shows that the party did not know of the action complained of, and a reasonable 4 .

person acting in the circumstances would not have known, he may bring a claim alleging the invalidity of such

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c action on the grounds stated above not later than the

, 6Eth day following the date of his acquiring actual or constructive knowledge of such action.

(2) A claim under paragraph (1) of this subsection

- shall be barred unless a complaint is filed before the

. expiration of such time limits in the United States i

court of Appeals for the District of Columbia, acting as I k a special court. Such court shall have exclusive .

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24 jurisdiction to determine such proceeding in accordance with the procedures hereinafter provided, and no other l

court of the United, States, or any State, territory, or possession of the United States, or of the District of Columbia, shall have jurisdiction of any such claim.

(3) Any proceeding under paragraph (2) shall be assigned for hearing and completed at the earliest possible date, shall, to the greatest extent practicable, take precedence over all other matters

(])

pending on the docket of the court at that time, and j l

shall be expedited in every way ' by such court and such court-shall render its decision relative tc any claim within 90 days from the date such claim is brought, unless such court determines that a longer period of time is required to satisfy requirements of the United States Constitution.

expedited authorizations

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Sec. 208. (a) Issuance of authorizations.--(1) Subject to paragraph (2), to the extent that the taking of any action related to the character 12ation, construction, or initial operation of any site recommended under this Act and not disapproved under this Act for the disposal of nuclear high-level waste or spent fuel requires a certificate, right-of-way, permit, lease, or other au.thorization from a Federal officer or agency, such officer or agency shall issue or 4

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25 grant any such authorization at the earliest practicable date, to the extent permitted by the applicable provisions of law administered by such officer or agency. All actions I

of a Federal officer or agency with respect to consideration l

of applications or requests for the issuance or grant of any such authorization shall be expedited, and any such I application or request shall take precedence over any similar applications or requests not related to such repositories.

(2) The requirements of paragraph (1) shall not be applicable in the case of any action related to any permit or other authorization issued or granted by, or requested from, the Nuclear Regulatory Commission.

i (b) Terms of Authorizations.--(1) Any authorization issued or granted under subsection (a) shall include such

-terms and conditions as may be required by law, and may

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include terms and conditions permitted by law.

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(2) Except as provided in the second sentence of this.

i paragraph, nothing contained in this section shall be construed to impair the authority of any Federal officer or agency to add to, amend, or abrogate any term er condition included in any authorization issued or granted under l . subsection (a) if such action is otherwise permitted under applicable laws administered by such of ficer or agency. In the case of any such action which is permitted but not a

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UD 11269 26 required by law, the Federal officer or . agency shall have no authority to take such action if the terms and conditions to be so added, or as so amended, would have the effect of terminating the characterization, construction, or initial operation of the potential or permanent repository which the authorization affects.

termination of authority of subpart Sec. 209. (a) The provisions of sections 207 and 288

() shall cease to have effect at such time as the Secretary commences licensed commercial operation of at least one repository for permanent disposal of high-level waste or spent fuel.

(b) The provisions of this subtitle other than sections 287 and 208 shall cease to have effect af ter December 31, 1999.

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