ML20154Q731

Submits Comments on HR 6570

ML20154Q731
Person / Time
Issue date:	04/11/1980
From:	Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Bickwit L NRC OFFICE OF THE GENERAL COUNSEL (OGC)
Shared Package
ML20154Q735	List: ML20154Q731 ML20154Q750
References
TASK-TF, TASK-URFO NUDOCS 9810260060
Download: ML20154Q731 (4)

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APR 111980 L

MEM0PANDUM FOR: Leonard Bickwit i

General Counsel TROM:

William J. Dircks.

Acting Executive Director for Operations

SUBJECT:

COMMENTS OH li.R. 6570 i

This Bill offers a potentially useful'1'ncentive for states to develop low-level waste (LLH) burial facilities, but should be carefully scrutinized to assure that the incentive works and does not leave the federal government g

with an unwanted responsibility.

The proposed incentive is that the U.S.

s Department of Energy (00E) may provide comercial LLW disposal services at federal burial facilities up to four years during which an interested state is developing a facility of its own. The time of availability of federal burial facilities could be increased depending on the implementation of certain state actions, such as license application submission and site purchase.

4 Severa1' practical obstacles could complicate this otherwise promising proposition. First, according to the draft DOE study of federal burial facilities, most would be unabic to handle commercial LLW without substantial.

investments in new equipment different from what they are now using to handle mostly uranium-contaminated wastes. Since the Bill would authorize

. fees at the higher of either federal costs or market prices, there would be an economic incentive for these federal facilities to remain available to amortize the substantial investments likely to be needed to convert the facilities. The remaining DOE sites most suitable for early consnercial LLW acceptance are in the states with comercial LLW facilities already, whose Governors may well be ~ unwilling to countenance an even greater influx of wastes to their states, especially at facilities outside their jurisdiction.

The absence of any host state role in the federal decision-making process, either for conversion of existing facilities or for setting conditions for the acceptance of other states' wastes, could also aggravate host state opposition.

Comments on specific provisions of the Dill follow:

Section4(b)

1..It is unclear who is to specify the geographical regions, what the L

criteria for specification are, and what procedures will be used.

If the Secretary is to impose such restrictions on interstato comerce, he may need additional statutory authorization.

2.. If the Secretary is to specify the geographical regions that each i qr d ("c facility is to serve, he may in effect usurp the powers of the states and l

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What is a " reasonable" period of time for facility operation?

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The Secretary of Energy should not be authorized to approve facility i

restrictions based on risks or dangers. Regulatory functions related to radiological health and safety should remain exclusively with HRC, not subject to approvals by agencies with developmental. missions.

5.

The requirement that new facilities accept all types of wastes could interfere with implementation of & more flexible system of several disposal facilities. based on waste classification. The Secretary and the state l

should have discretion to negotiate agreements, subject to NRC licensing requirements, for raore specialized facilities to handle only certain

. kinds of. wastes, if so desired. Some-states may not have suitabic sites for acceptance of all types of LLW.

Section4(d) i Since " facility" is defined to include equipment, plant, ut111ttes, and machinery, the state should not have to acquire these facilities so far in advance of operation simply to qualify for a six-month extension on federal burial arrangements.

Section6(1)

"Picnning activities in preparation" for site selection should be defined.

Section(2)

The provision to exclude alternative means of disposing of low-level radioactive waste from NEPA analyses should be deleted.

(Signed Wikits J.Dhchs William J. Dircks I

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What is a " reasonable" period of time for facility.operat n't 4.

The Secretary of Energy should not be authorized to ap ove facility restrictions based on risks or dangers. Regulatory func ons related to

. radiological health and safety should remain exclusivel with HRC, not subject to approvals by agencies with developmental missions.

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The requirement that new facilities accept all ypes of wastes could

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interfere with implementation of a more flexible stem of several' disposal l

facilities based on waste classification. The S cretary and the state 4

should have discretion to negotiate agreements subject to NRC licensing

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requirements, for more specialized facilities o bandle only certain j

kindsdof wastes, if so desired. Some states may not have suitable sites for acceptance of all types of LLW.

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c Section4(d)

I Since " facility" is defined to include equipment, plant, utilities, and machinery, the state should not have o acquire these facilities so far in advance of operation simply to quali y for a'six-nonth extension on federal

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burial arrangements.

i Section4(g)

No state governor can provide tisfactory assurance that the transportation of wastes to the federal fact ty will not be unduly impeded by state or local law, either within his state or others. Such problems should not 4

arise, however, if the U.S.

epartment of Transportation (DOT) and NRC cnforce proposed regulatio j

j Section 6(1)

" Planning activities i preparation" for site selection should be defined.

J Section (2)

The provision to i clude alternative neans of disposing of low-level radioactive wasto from NEPA analyses should be deleted.

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DESCRIPTION

.O LETTER. OMEMO 'O REPORT 0 OTHER SPECIAL INSTRUCTIONS OR REMARKS m commments em W.R. 6570, a bill te provide Federal assistance to States for Wir development of terlei gm for Respond direct to CGC i

non-len) radioactive maste CLASSIFIED DATA DOCUMENT / COPY NO.

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OsYES O NO 2.NRC FORM 732

' EXECUTIVE DIRECTOR FOR OPERATIONS DO NOT REMOhE THIS COPY I PRINCIPAL CORRESPONDENCE CONTROL l

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