ML20154S678
| ML20154S678 | |
| Person / Time | |
|---|---|
| Site: | West Valley Demonstration Project |
| Issue date: | 04/18/1980 |
| From: | Dircks W NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Bickwit L NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| TASK-TF, TASK-URFO NUDOCS 9810280056 | |
| Download: ML20154S678 (11) | |
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- Stf6 ject File WM r/f APR 181980 NMSS r/f JSurmeier J0 Bunting REBrowning JBMa rtin MEMORANDUM FOR:
Leonard Bickwit RECunningham General Counsel WJDircks, NMSS NGill FROM:
William J. Dircks, Director Eleins Office of Nuclear Material Safety GErtter and Safeguards 0CA ED0 r/f
SUBJECT:
COMMENTS ON H.R. 6865 N
We have reviewed and concur on the draft Commission coments on the above subject Bill; however, it is suggested that the paragraph below be incorporated into the proposed response to Congressman Staggers.
"Both the Comission and the staff strongly support this project to begin efforts to solidify the high-level liquid wastes at West Valley. For many years, we have been encouraging the U.S. Department of Energy (DOE) to undertake just such a project. The reason for this position is that the 00E, through its contractors, is the appropriate organization with the requisite technical resources to perform the detailed engineering and development work actually needed to retrieve, solidify and dispose of the high-level wastes at West Valley. Therefore, we strongly support the West Valley Demonstration Project Act (H.R. 6865 ands.2443).
This paragraph could be inserted after the first paragraph of the present draft response.
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'NRC FORM 318 (9 76) NRCM 0240
'N U.S. GOVERNMENT PRINTING OFFICE 1979 289 369
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'f" To authorize the Department of Energy to carry out a high-level liquid nuclear
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waste management demonstration project at the Western New York Service C. ~
Center in West Valley, New York.
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IN THE HOUSE OF REPRESENTATIVES MARCH 19,1980 Mr. LUNDME introduced the fol}owing bill; which was referred jointly to the f
Committees on Interstate and Foreign Commerce, Interior and Insular Af-fairs, and Science and Technology A BILL
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To autho'rize the Department of Energy to carry out a high-level liquid nuclear waste management demonstration proj-ect at the Western New York Service Center in West O
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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 " West valley Demonstra-j
'4 tion Project Act".
5 SEc. 2. (a) The Secretary of Energy (hereinafter in this 6 Act referred to as the " Secretary") shall carry out, in accord-7 ance, with the provisions of this Act, a high-level liquid nucle-t Ir b
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1 ar waste management demonstration project at the Western 2 New York Service Center in West Valley, New York (here-S 5 k:.
3 inafter referred to as "the project"). The Secretary shall u-"-
4 carry out the project by vitrifying the high-level liquid 5 nuclear wastes located at such Center or by employing the g. y.<
6 most effective technology for solidification available. The 7' Secretary shall, as part of the project, also (1) as soon as 8 feasible transport such solidified wastes, in accordance witb l ~
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9 applicable provisions of law, to an appropriate Federal re-
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11 commission facilities, materials, and hardware used in con-12 nection with the project.
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13' (b) During the fiscal year ending September 30, 1980, 14 the Secretary shall-
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15 (1) prepare a plan for safe removal of such wastes 16 from tank numbered 8D-2 and any other storage tank y-O 7
at the' Center containing such wastes including safely 18 breaching the tanks, operating waste removal equip-19 ment, and sluicing techniques, IN=2:u.;..
20 (2) determine the feasibility of immobilization and em.m ge=
21 waste handling techniques required by the unique situ-Mn39
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1 (3) title to the high level liquid wastes at the i
2 Center shall be transferred to the United States upon l
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3 payment by the State of New York and other appropri-
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4 Me persons of an appropriate fee, as determined by the r
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9 ending September 30,1980, for the project. Funds author-G q-V 10 ized and appropriated in subsequent fiscal years for the proj-11 eet shall not be used by the Secretary for such purpose until l
12 the Secretary, the State of New York, and other appropriate 13 persons enter into such contracts and agreements as may be T
1 14 required-15 (a) to provide for the transfer of title of such E
l 10 wastes and the payment therefor, 17 (b) to enable the Secretary to utilize property and 18 facilities at the Center for the project, 19 (c) to share the costs of the project, except that
. -. a n-m 20 the non-Federal share of such costs shall be limited to p&sm Md 3Gs 21 no more than 10 per centum thereof and in determin-ppy 22 ing such share the Secretag shall consider the utiliza-
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23 tion of such Center by the Secretary for the project, fW tM 24 the amount of money in the existing perpetual care (Q
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5 project in a timely manner.
6 SEC. 4. In carrying out the project, the Secretary shall 7 consult with the Nuclear Regulatory Commission, the Ad-
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8 ministrator of the Environmental Protection Agency, the i
9 Secretary of Transportation, the Director of the Geological O
10 Survey, the State of New York, and the commerical operator 11 of the Center.
l 12 SEC. 5. Not later than February 1,1981, and on Febru-13 ary 1 of each calendar year thereafter during the terrn of the 1
14 project, the Secretary shall transmit to the Committee on 15 Science and Technology, the Committee on Interior and In-16 sular Affairs, and the Committee on Interstate and Foreign l
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17 mmer e f the House of Representatives and the Commit-O 18 tee on Energy and Natural Resources of the Senate an up-to-f 19 date report containing a detailed description of the activitics 20 of the Secretarf n camjing out the project, including the i
l 21 costs incurred, and the activities to be taken in the next fiscal 22 year and the costs thereof. Any contract or agreement ex-23 ecuted under section 3 of this Act, together with summaries l
24 thereof, shall be promptly transmitted to such committees for 25 their information and review.
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1 SEC. 6. Other than the costs and responsibilities estab-(Nk 2 lished by this Act for the project, nothing in this Act shall be
, [Mi 3 construed as affecting any rights, obligations, or liabilities of i -
4 the commercial operator of the Center, the State of New 5 York, or any person, as is appropriate, arising under the 6 Atomic Energy Act of 1954 or under any other law, con-7 tract, or agreement for the operation, maintenance, or decon-
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8 tamination of any facilities or property at the Center or for C) 9 any wastes at the Center. Nothing in this Act shall be con-10 strued as affecting any applicable licensing requirements of the Atomic Energy Act of 1954 or the Energy Reorganiza-11 I=
12 ~ tion Act of 1970 The provisions of this Act shall not apply m.
2 13 ~or be extended to any facility or property at the Center i
14 which is not used in conducting the project.
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f DGTu CONGRESS 20 SESSloN To cuthorize the Department of Energy to carry out a high-level liquid nuclear waste management demonstration project at the Western New York Service Center in West Valley, New York.
IN TJfE HOUSE OF REPRESENTATIVES 11 ARCH 19,1980 Mr. LUNDINE introduced the following bill; which was referred jointly to the Committees on Interstate and Foreign Commerce, Interior and Insular Af-fairs, and Science and Technology A BILL To autho'rize the Department of Energy to carry out a high-level liquid nuclear waste management demonstration proj-ect at the Western New York Service Center in West Valley, New York.
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 " West Valley Demonstra-4 tion Project Act".
5 SEC. 2. (a) The Secretary of Energy (hereinafter in this 6 Act referred to as the " Secretary") shall carry out, in accord-7 ance with the provisions of this Act, a high-levelliquid nucle-120555029836 1 M6 NS IV 0F WASTE MANAGEAENT DIVISgon 01 REC 10R 905 SS DC 20S59 WASH 1hGTON
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2 1 ar waste management demonstration project at the Western 2 New York Service Center in West Valley, New York (here-3 inafter referred to as "the project"). The Secretary shall r
4 carry out-the project by vitrifying the high-level liquid 5 nuclear wastes located at such Center or by employing the 6 most effective technology for solidification available. The 7 Secretary shall, as part of the project, also (1) as soon as 8 - feasible transport such solidified wastes, in accordance with 9 applicable provisions of law, to an appropriate Federal re-10 pository for long term burial, and (2) decontaminate and de-11 commission facilities, ma'terials, and hardware used in con-12 nection with the project.
13 (b) During the fiscal year ending September 30,1980, 14 the Secretary shall-15 (1) prepare a plan for safe removal of such wastes
}
16 from tank numbered 8D-2 and any other storage tank 17 at the Center containing such wastes including safely 18 breaching the tanks, operating waste removal equip-19 ment, and sluicing techniques, 20 (2) determine the feasibility of immobilization and 21 waste handling techniques required by the unique situ-22 ation of such wastes at the Center, including initiation 23 of detailed engineering and cost estimates as well as 1
24 safety analyses and environmental impact analyses, 25 and me
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1-(3) title to the high level liquid wastes at the 2
Center shall be transferred to the United States upon 3
payment by the State of New York and other appropri-4-
ate _ persons of an appropriate fee, as determined by the 5
Secretary, for the perpetual care and maintenance of 6
such wastes.
7 SEC. 3. There is authorized to be appropriated to the L
8 Secretary not more than $5,000,000 for the fiscal year 9 ending September 30, 1980, for the project. Funds author-10_ ized and appropriated in subsequent fiscal years for the proj-l 11 cet shall not be used by the Secretary for such purpose until 12 the Secretary, the State of New York, and other appropriate 13 persons enter into such contracts and agreements as may be 14 required-15 (a) to provide for the transfer of title of such 16 wastes and the payment therefor,_
17 (b) to enable the Secretary to utilize property and 18 facilities at the Center for the project, 19 (c) to share the costs of the project, except that 20 the non-Federal share of such costs shall be limited to
-21 no more than 10 per centum thereof and in determin-22 ing such share the Secretary shall consider the utiliza-23 tion of such Center by the Secretary for the project,
-24 the amount of money in the existing perpetual care 25 fund originally designated to provide, for ultimate dis-I a
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position of the high-level 1: quid nuclear waste at the 2
Center, and such other factors as the Secretary deems 3
appropriate, and 4
(d) to otherwise provide for the conduct of the 5
project in a timely manner.
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SEC. 4. In carrying out the project, the Secretary shall 7 consult with the Nuclear Regulatory Commission, the Ad-8 ministrator of the Erwironmental Protection Agency, the 9 Secretary of Transportation, the Director of the Geological 10 Survey, the State of New York, and the commerical operator 11 of the' Center.
12 SEC. 5. Not later than February 1,1981, and on Febru-13 ary 1 of each calendar year thereafter during the term of the 14 project, the Secretary shall transmit to the Committee on 15 Science and Technology, the Committee on Interior and In-16 sular Affairs, and the Committee on Interstate and Foreign 17 Commerce of the IIouse of Representatives and the Commit-18 tee on Energy and Natural Resources of the Senate an up-to-19 date report containing a detailed description of the activities 20 of the Secretary in carrying out the project, including the 21 costs incurred, and the activities to be taken in the next fiscal 22 year and the costs thereof. Any contract or agreement ex-23 ecuted under section 3 of this Act, together with summaries 24 thereof, shall be promptly transmitted to such committees for 25 their information and review.
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Sec. 6.- Other than the costs and responsibilities estab-2 lished by this Act for the project, nothing in this Act shall be 3 construed as affecting any rights, obligations, or liabilities of 4 the commercial operator of the Center, the State of New 5 York, or any person, as is appropriate, arising under the 6 Atomic Energy Act of 1954 or under any other law, con-7 tract, or agreement for the operation, maintenance, or decon-l 8 tamination of any facilities or property at the Center or for I
L 9 any wastes at the Center. Nothing in this Act shall be con-l O
i 10 strued as affecting any applicable licensing requirements of i
11 the Atomic Energy Act of 1954 or the Energy Reorganiza-j 12 tion Act of 1974. The provisions of this Act shall not apply 13 or be extended to any facility or property at the Center 14 which is not used in conducting the project.
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