ML20154S751
| ML20154S751 | |
| Person / Time | |
|---|---|
| Issue date: | 03/04/1980 |
| From: | Rehm T NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Jennifer Davis, Engelhardt T, Lubenau J NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), NRC OFFICE OF STATE PROGRAMS (OSP), NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| Shared Package | |
| ML20154S740 | List: |
| References | |
| TASK-TF, TASK-URFO NUDOCS 9810280077 | |
| Download: ML20154S751 (67) | |
Text
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O UNITED STATES j, )
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- r. CCLEAR REGULATORY COMMISSil M -
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\%.* p# March 4, 1980 N
g, MEMORANDUM FOR: Tom Engelhardt, ELD W
John Davis, NMSS ' f Jmlubenau, SP Ken Perkins, OEDO Herb Berkow, NRR FROM: T. A. Rehm, Assistant for Operations Office of the EDO
SUBJECT:
ANALYSIS OF HR 6390
,{') The Commission needs a hurry-up, bob-tailed bill analysis of HR 6390 (attached).
~At Enclosures 1 and 3 are enclosures which are, I think, reasonably s elf-expl anatory.
Please take a look and get started. At 3:00 p.m. today request a meeting in my office of ELD, SP and Perkins - we will get NRR and NMSS on a conference call to avoid the need for moving back and forth. At that time, we can clarify any questions on assignments, format and coordination.
A-T. A. Rehm, Assistant for Operations Office of the EDO
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Enclosures:
- 1. General Instructions
- 2. HR 6390 Legislation
- 3. List of Concepts cc: EKCornell, DEDO WJDircks, AEDO q/
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SUBJECTi PREPARATION OF TESTIMONY ON H.R. 6390 su .x.
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h On' January 31, 1980, Mr. Udall introduced H.R. 6390. " Atomic Energ/ i
[1 'Act Amendments of 1980" and we have been irformed by his Subcommittee '-
staff that hearings will be held on March 13,14 and 18 to consider this legislation. NRC will be requested to testify on the 18th while D_DE.
NRDC, ANEC and perhaps. representatives of the National Governors
~
Conference will appear or) the 13th'and 14th. H.R. 6390 is quite extensive and a full scale " bill analysis" is not likely to be completed in the short time remaining before the hearing.
O The subcommittee staff has agreee 1, the approach descrised beiow in which NRC testimony will address the issues raised in the Bill without
, necessarily agreeding to or rejecting t'he details in each of the provisions.
l In addition the SubconrMttee is interested in what NRC has as on-going or planned programs relating to the prepased Titles of the Bill.
In order to prepare testimony for the hearing, it is requested that appropr.iate staff offices provide the Office of the General Counsel with short analysis of the " concepts" of the proposed legislation without O specifically addressing. the particular lan9Ua9e of the' Bill. The format shouldi (1) Describe the concept in a few sentences.
(2) State what the Commission has done in the past relative to the concept.
(3) What action is anticipated with respect to the concept during j the near future. .
1 (4) What previous position has the Comission taken concerning a
, concept.
(5) What is the general impression of the concept as stated in j the legislation.
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~N It is requested that Staff input be provided to the Office of .
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tn General Counsel by close-of-business Friday, March 7,1980. :
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Distribution will be made to Commissioner's offices for infomation
- and/or coment at that time.
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OPE will be responsible for Title IV of the proposed legislation.
E" OGC/0PE will coordinate the various staff drafts comments M M. i p appropriate for distribution by close-of-business Tuesday, March 11 in
. preparation for a, Commission meeting at 2:00'P.M. Wednesday. March 12, 1980 to discuss the testimony.
Q Attached for your assistance as needed is a list of OGC's attorvey assignments for specific sections of the proposed legislation. ,
CHRON0 LOGY i
March 7 Staff draft to OGC by close-of-business and di.stri.buti.on to Comissi.oners...- ,
March 11 Draft Testimony to Commissio'ners 688 March 12 Comission meeting to discuss testinony R$
March 14 Final coments from Comissioners by close-of-O business March 17 Delivery of testimony to Subcomittee /O M ,
March 18 Hearing: 9:45 A.M. ; Room 1324 LHOB 9
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a h UNITED STATES NUCLEAR REGULATORY COMMISSION l 5 j. WASHINGTON, D. C. 20555
%.....,! March 4, 1980 l
l MEMORANDUM FOR: Tom Engelhardt ELD l John Davis, NMSS W Joe Lubenau, SP -
Ken Perkins, OEDO Herb Berkow, NRR l
l FROM: T. A. Rehm, Assistant for Operations Office of the EDO L
SUBJECT:
ANALYSIS OF HR 6390 l
1 h- The Commission needs a hurry-up, bob-tailed bill analysis of HR 6390 (attached). j l
.At Enclosures 1 and 3 are enclosures which are, I think, reasonably !
self-explanatory. l i
Please take a look and get started. At 3:00 p.m. today request a )
meeting in my office of ELD, SP and Perkins - we will get NRR and NMSS 1 i on a conference call to avoid the need for moving back and forth. At j that time, we can clarify any questions on assignments, format and l l- coordination. '
. p T. A. Rehm, Assistant for Operations Office of the EDO (a%
Enclosures:
)
- 1. General Instructions l
- 2. HR 6390 Legislation
- 3. List of Concepts cc: EXCornell, DEDO WJDircks, AED0 l
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-[ SUBJECT]REPARATIONOFTESTIMONYONH.R.6390 gg ,
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On' January 31, 1980, Mr. Udall introduced H.R. 6390, " Atomic Energy
- d. ~ Act Amendmer.ts of 1980" and we have been infonned by his Subcoenittee staff that hearings will be held on March 13,14 and 18 to consider this
_ legislation. NRC will be requested to testify on the 18th while DOE.
NRDC, ANEC and perhaps' representatives of the National Governors Conference will appear on the 13th and 14th. H.R. 6390 is quite extensive and a full scale " bill analysis" is not likely to be completed in the short time remaining before the hearing.
O -
The Subcommittee staff has agreed to the approach described below in which NRC testimony will address thel issues raised in the Bill without necessarily agreeding to or rejecting t'he details in each of the provisions.
In addition the Subconhittee is interested in what NRC has as on-going or planned programs relating to the prepased Titles of the Bill.
In order to prepare testimony for the hearing, it is requested that appropriate staff offices provide the Office of the General Counsel with short analysis of the " concepts" of the proposed legislation without O specifica,iy addressiog the particuiar ,aoguage of the siii. The for,.at shouldi.
(1) Describe the concept in a few sentences.
(2) State what the Conrnission has done in the past relative to the concept.
(3) What action is anticipated with respect to the concept during 4,
j the near future. .
(4) What previous position has the Conrnission taken concerning a concept.
(5) What is the general impression of the concept as stated in the legislation.
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3 It is requested that Staff input be provided to the Office of '..
~~
the General Counsel by close-of-business Friday. March 7.1980.
- { ~ Distribution will be made to Comissioner's offices for-infomation and/or.coment at that time.
OPE will be responsible for Title IV of the proposed le0islation.
~ ~
OGC/0PE will coordinate the variou. - " "- ~ f ts comments A 4 p appropriate for distribution by close-of-business Tuesday, March 11-in preparation for a Comission meeting at 2:00 P.M. Wednesday. March 12
- 1980 to discuss the testimony.
Q Attached for your assistance as needed is a list of OGC's attorney assignments for specific sections of the proposed legislation.
CHRONOLOGY l
l March 7 Staff draft to OGC by close-of-business and di.stri.buti.on to Comissioners.... ,
March 11 Draft Testimony to comissioners 686
~
March 12 Comission meeting to discuss testimony Rh March 14 Final coments from Comissioners by close-of-f,j business March 17 Delivery of testir ny to Subcomittee /O $ $
March 18 Hearing: 9:45 A.M. ; Room 1324 LHOB l .
,UD'A LSd9
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-4 d Amendment-to H.R. 6398 Offered by Mr. Udall Beginning on page .28, strike out line 1 and all that follows down through page 47, line 7, and substitute the l following:
-TITLE II--AMENDMENTS RELATING PRIMARILY TO RADIOACTIVE WASTE l Subtitle A--Nuclear High-Level Waste Repositories findings and purposes Sec. 281. (a) Findings.--The Congress finds.that--
(1) efforts made during the past 38 years to devise a' permanent solution to the problems of nuclear waste L disposal have not been adequate; '
(2) the accumulation of nuclear waste from military activities, commercial reactors, and activities related to medical research, diagnosis, and treatment, as well l as nuclear waste from other sources,,has created a h 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 i
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appropriate oversight by affected State and local
_ governments; (5) public participation in planning and development of repositories for the disposal of nuclear waste is essential in order to promote confidence among the 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 be available when such methods are needed.
(b) Purpose.--It is the purpose of this subtitle to--
(1) set forth the responsibilities of the Secretary of Energy, the Nuclear Regulatory Commission, the Congress, and the President with respect to the !
licensed >
development and construction of permanent.r~positories e ,
() for nuclear high-level waste and spent fuel, including the dates by whtch certain activities must be carried out; and
. l (2) provide for State participation in !
decisionmaking on waste repository site development and i
for Federal assistance for States impacted by repository construction or operation.
I responsibilities of the secretary of energy I
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Sec. 2E2. (a) Selection of Repository Sites.--(1) The Secretary of Energy (hereinaf ter 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 recommend to.the Congress at least four potential repository sites which the Secretary considers suitabla for development 7 as licensed commercial repositories. Such sites shall be located, to the maximum extent practicable, in four different geologic media. Recommendations for ter of the sites shall be submitted to the Congress by December 1, ;
1981, and recommendations for two additional sites shall be i
made by December 1, 1983.
(2) Sites which shall be examined under this subsection l shall include those consisting of the following geologic media: basalt, tuff, granite, salt, and such other media as l the Secretary may consider suitable. No site shall be recommended to the Congress under paragraph (1) unless the Secretary considers such site potentially suitable for L future use as a permanent licensed repository for the l 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 9
,UDkL869' O O 4
determine the availability of-additional potential repository sites in the geologic media described under paragraph (2).
(b) Site Elimination Criteria.--Not later than February 15, 1981, the Secretary shall, in consultation with the council.on Environmental Quality, the Environmental Protection Agency, the Nuclear Regulatory Commission, and
'the United States Geological Survey, issue guidelines for the elimination of sites from consideration for use as O 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 o'her t criteria as the Secretary may consider appropriate. The Secretary shall use these guidelines in screening sites for selection under subsection (a) fcr characterization for possible development into licensed commercial repositories.
(c) . Repository Site Characterization.--(1) Before proceeding to sink shafts at any repository site selected under subsection (a), the Secretary shall submit a site g characterization plan for such site to the Commission l containing the information required by the commission under
'i ts procedures for licensing deep geologic nuclear high-
' level wastes and spent. fuel repositories. The Secretary shall 4
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U$A k,L969 O O .
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. also submit to the Commission proposals describing the appropriate 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 consult'on a continual basis with'the commissicn.
Opportunities shall be provided for particir;ation by the public and the affected States with respect to such consultations.
(2) At repository sites for which site characterization
,. <S l reports have been submitted under this subsection, the. 1 Secretary shall conduct such tests as may be necessary to i
provide data required for commercial repository licensing and for compliance with the National Environmental Policy L Act of 1969, except that in no case shall tests at any site
. involve the use of more than 40 canisters co5taining an amount of high-level radioactive waste equivalent to the !
output of. one commercial nuclear reactor during a period of
() ~
three years, or 189 spent fuel assemblies.
(3)' The Secretary shall not continue characterization activities. at any site if the Secretary or the Commission
, determines that site to be unsuitable for eventual !
!. development as a repository for the permanent disposal of l nuclear high-level. waste and spent fuel. If the Secretary i L
makes such a determination, the Secretary shall submit a l-L report containing the reasons for such decision to the e
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6 Congress.
(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.--
(1)(A) Not later than March 30, 1988, the Secretary shall.
submit to the President for his review under section 206(b) a recommendation of the site which the Secretary considers
( -
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most qualified for application for license as a permanent repository for nuclear high-level waste or spent fuel (or both). After such date, the Secretary may submit to the '
-President recommendations for other sites which the j Secretary also considers suitable for such purpose. Together with the recommendation of a site under this paragraph, the Secretary shall submit to the President a report containing the following:
- n
'/
't- (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 i
l
.UDALLc69
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7 site and t'.e 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 for the site seem to be sufficient for inclusion in any application to 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.
n
(_) (vil) Such other information as the Secretary considers appropriate to provide a complete statement of the basis for the recommendation of the site for licensing as a permanent repository for the development of nuclear high-level waste or spent fuel.
(B) If the approval of a site recommendatica for the initial permanent repository proposed as required under subparagraph (A) does not take effect as a result of the l
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3..%-....m, UDALLe69: O O 1 8
operation of section~206(b) or 296(c), the Secretary shall resubmit.to the President under section'286(b), within one year af ter the disapproval of the recommendatien, 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- ;
O, : i level waste or spent fuel at any repository site nominated J
'in the report submitted under paragraph (1) upon the end of the'90-day period referred to in section 286(c) unless the site is disapproved under such section.
Responsibilities of the Nuclear Regulatory Commission and 1
the Environmental Protection Agency ;
Sec. 203. (a) Promulgation of-Standards.--(1) Not later than January 31, 1981, the Nuclear Regulatory Commission
( shall,fby rule, promulgate standards and requirements for d
the licensing and regulation of the permanent disposal of j 4
nuclear high-level waste and spent fuel. Such standards and requirements shall be consistent with the applicable general j I
standards promulgated by the Administrator of the i 4
Environmental Protection Agency under paragraph (2).
(2) As .soon as practicable, but not later than June 31,
'1981, the-Administrator of the Environmental Protection e _ _
.UDALLB69 i 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 rule under this paragraph.
(b) Status Report for Construction Permit Application.--
No later than 2 years af ter the date on which an application for a construction permit is submitted under section
(} 222(d)(2), 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--
(1) major unresolved safety issues; (2) matters of contention regarding the application; and (3) any Commission actions regarding the granting or
() denial of the permit.
(c) Decision Regarding Construction Permit Application.--
Not later than 4 years after the date the initial c$nstruction permit application is submitted under section 202(d)(2), the Nuclear Regulatory Commission shall issue a I final decision granting or denying such permit.
l states Participation 1 Sec. 204. (a) State Review Boards.--(1) The provisions I
- DA Lc69' , (]) [}
10 of this section shall be applicable only in the case of any Nuclear Waste Repository Impact Review Board (hereinaf ter referred to as a State Review Board) that---
(A) has the composition and authorities described in 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 202(a) as a potential repository site for which a characterization O'
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study should be done, or recommended under section 202(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 determined by the State under State law, except that the following shall be provided for by such law: ,
(A) The general public, any affected Indian tribe,
(
and affected local governments shall be represented by
~
members on the Board.
(B) The State Review Board shall have the authority to:
(1) Study and determine the possible economic, environmental, and social impacts, and possible l impacts on public health and safety, of a repository I for the permanent disposal of nuclear high-level 1
~
.UDALLE69-Q 11 Waste or spent fuel.
(11) Draft proposals suggesting assistance which would be required to be provided by the Federal Government to remedy or lessen the impacts identified under subparagraph (A).
(iii) Review the activities undertaken by I
Federal agencies with respect to possible repository sites within the State and, as appropriate, submit relevant suggestions with regard to such activities I 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 submiss' ion 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 ma'y, by majority vote of the membership of the Board, submit a petition to the Cdngress requesting that the Congress disapprove the site designation. A State Review Board may submit such a petition to the Congress not later than the 30th day af ter the date that the President approves the site
UDAlled9; 'O O
12 recommendation under section 206(b) and submits the 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 granted.
(c) Impact Assistance.--(1) After the effective date of O the. approval of a permit for the construction of a
~
repository for the permanent disposal of nuclear high-level waste or spent fuel, the State Review Board of the affected
-State may submit to the 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
() - will likely result from the construction 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 impacts. The Board shall submit with any such request a report ' which contains a detailed explanation of the anticipated adverse impacts from the repository and the reasons that the Board-has requested the assistance or
. - _ . _ . _ - = _ .-. . . .. -
' U D A IL B6 9,' () ()
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! 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 l construction permit for the repository, a request for assistance under paragraph (1) from a State Review Board, or l
- from the governing body of an Indian tribe as provided under i
section 295, 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 I_)
recommendations for alternative or supplementary assistance or legisl'ative changes as the agency involved may consider .
to be appropriate. The agency shall submit such evaluation I and recommendations to the Congress Within 90 days after receiving such a request.
(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 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 as its State share. Salaries and travel expenses Which would ordinarily be incurred by any State or local government shall not be considered part of the budget of the Board and shall not be eligible for payment under this section.
i
UDA,Lg69' O O l 14 l (2) At the end of the one-year period beginning on the eff ective date of any operating license for a repository 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--
l (A) such funds as may be necessary to support Board 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;
, (
,_)s and (B) such funds as may be n'e cessary to support Board activities pursuant to agreements or contracts for i assistance entered into under subsection (c) by the j Board with the Federal Government before the end of such one-year period.
(e) Participation in Licensing.--A State Review Board may participate in any licensing proceedings related to
.O kJ repositories for the permanent disposal of nuclear high-level waste or spent fuel which are to.be located in or adjacent to the State in which the Board is constituted.
- (f) Consultation.--The Secretary, the commission, and i
L other' agencies involved in the construction or operation of a waste repository in a State shall provide to the State i Review Board of such State, and to the governing body of any Indian tribe on or adjacent to whose reservaticn the
(~\
- UDALLe69 U h 15 repository site is located, timely and complete information regarding determinations or plans made with respect to the siting, development, design, construction, operation, or l regulation of the repository.
(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 7s 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 1
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 l site for which a characterization study should be done, or '
! recommended under section 202(d) as the site fcr a permanent repository, shall--
I I
UDILLO6* O Q -
. 16 (1) have the same authorities provided to State Review Boards under section 294(b) and (c); and (2) be eligible for impact assistance as described in section 224(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 l
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--
LO (1) such funds' as may be necessary to support activities related to any other repository located in, or proposed to be located in, such reservation, and s .
Which-has not been operating under license for more than one year; and 4
(2) such funds as may be necessary to support activities pursuant to agreements or contracts for assistance entered into by the Board with the governing i
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- UDAiLE6 () ()
. 17 body of the Indian tribe before the end of such one-year period.
(c) Participation in Licensing.--The governing body of any Indian tribe shall be eligible to participate in any licensing proceedings related to repositories for 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 O Sec. 206. (a) Potential Repository Sites.--The designation by the Secretary, pursuant to a recommendation submitted to the Congress under section 202(a), cf a site for characterization 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 recommendation to the Congress, the Congress passes a concurrent resolution the matter after the resolving clause of which reads as follows: The Congress disapproves the 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
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~UDA$LO69 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 f-~3 the Secretary and to the Congress.
~
(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).
I,.,\ (3) The designation of a site for a permanent repository f or nuclear high-level waste or spent f uel shall be eff ective upon approval of the President under paragraph (1) unless a State Board has submitted to the Congress a i
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 effective except as provided under subsection (c).
- U'DALLCN9 .O O i
. 19 (c) Congressicnal Review for Permanent Sites.--(1) If :
the President submits to the. Congress under subsection (a) a l recommendation for approval of a site as a permanent i
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 I
site for a permanent repository for nuclear high-level waste !
or spent fuel shall not be effective unless, during the O. .first period of 90 calendar days of continuous session of
'the Cong'ress after the date of transmittal of the )
l 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 '
i 1
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 g_, v f- T
i UDAlLD6e O O 20 the procedure to be followed in that House in the case of resolutions described by paragraph (2) of this
! subsection; and it supersedes other rules only to the extent that it is inconsistent therewith; and (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of the House.
~
(3) A resolution descr1 bed by paragraph (1) once introduced with respect to any submittal shall immediately be referred to a committee (and all resolutions with respect to the same submittal shall be referred to the same committee) 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 respect to a submittal has been referred has not reported it o
at the end of 2e 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.
(B) A motion of discharge may be made only by an individual favoring the resolution, shall be highly I
7, , . _ . _ _ _ - _ . . . . _ . . . . _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ . _ _ - . _ . _ _
buoiuur o o
, 21 Lprivileged.(except that it may not be-made after the committee has reported a resolution with respect to the same submittal) and fdebate thereon shall be limited to not more than one hour, to be-divided equally between those favoring'
'and' those opposing the resolution. An amendment' to the motion shall not be in order, and it shall not be in order
, _to move 'to/ reconsider the vote by which the motion was agreed to or disagreed to.- '
(C) Ifithe motion to discharge is agreed to or disagreed L
h, to, the motion may not be renewed, nor may.another motion to discharge the committee be made with. respect tc any other resolution with respect to the same submittal.
-(S)(A) When the. committee has reported, or has been j discharged from further considerationLof, a resolution, it shall be atuany 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. The
.O motion shall be highly privileged and shall not be
-debatable. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion was agreed to or disagreed to.
(B) Debate on the resolution referred to in subparagraph I
(A) of this paragraph shall be limited to not more than 10 il hours, which shall be divided equally between those f avoring and those opposing such resolution. A motion further to 4
t.
' UDALLB69 0
U
(~\
V 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 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.
rT (B) Appeals from the decision of the Chair relating to V
the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution 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
'7s the same such submittal.
V (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 than 3 days to a day certain are excluded in the computation of the 90-day period.
d
a ;
.. 23 <
l
- Judicial Review of Agency- Actions Sec. 287. Notwithstanding any other provision of law, q l
.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 L or spent fuel, or any actions taken by the Nuclear
. Regulatory Commission in granting or denying any L 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 subsection as follows: l 1
t (1) Claims regarding any such action may be brought not later than the 60th day following the date of such L
l action, except that if a party shows that the party did I
.not know of the action complained of, and' a reasonable I person acting in *te circumstances would not have known, he may-bring a claim alleging the invalidity of such action on the grounds stated above not later than the 6sth 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 flied before the expiration of such time limits in the United States Court of Appeals for the District of Columbia, acting as a special court. Such court shall have exclusive l'
l.
y+v -b=,
. . _ . _ . . ~ . _
UDA,LLB69 24 1
jurisdiction to determine such proceeding in accordance :
1
- with _the procedures hereinaf ter provj ded, and no other 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.
L (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 shall be expedited in every way by such court and such l
court shall render its decision t ?.ative tc any claim i 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
)
Sec. 208. (a) Issuance of authorizations.--(1) Subject f to paragraph (2), to the extent that the taking of any h
action related to the characterization, construction, or Initial operation of any site recommended under this Act and t
l_ not disapproved under this Act for the disposal of nuclear i
( 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
UDAi.LE69'
.- 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 of'a Federal officer or agency with respect to censideration of applications or requests for the issuance or grant of any such authorization shall be expedited, and any such application or request shall take precedence over any similar applications or requests not related to such
(~T repositories.
e (_/
(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.
(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 include terms and conditions permitted by law, s
(2) Except as provided in the second sentence of this 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 cr condition included in any authorization issued or granted under subsection (a) if such action is otherwise permitted under applicable laws administered by such officer or agency. In the case of any such action which is permitted but not
i- :
. 26 I
- 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 character 12ation, construction,-or initial operation of the potential or permanent repository which the authorization affects.
termination of authority of subpart i
Sec. 209. (a) Tne provisions of sections 207 and 208
'<s shall cease to have effect at such time as the secretary O'
commences licensed commercial operation of at least one 1
repository for permanent disposal of high-level waste or i l spent fuel.
(b) The provisions of this subtitle other than sections 207 and 228 shall cease to have effect af ter December 31, 1999.
- l. i 1.
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-PRS 164 U -
.I
[ Draft of the Substitute for H.R. 6390]
96th CONGRESS
.2d-Session H. R. -
, l
)
IN.THE HOUSE OF REP,BESENTATIVES -
(2)
Mr. introduced the-following 0111; which was
~
referred to the Committee on ___ _; i
. 1 A BILL <
2 1
i f(-\.. bill to establish licensed permanent repositories for Ltransuranic waste, high-level radioactive, waste, and spent fuel, to authorize State compacts for ,the establishment and operation of regional repositories for low-level racioactive waste, and for other purposes.
! 1 ge _ it enacigd_bv the Senatg_ gag _Hgygg of REDERSEDLA11ERE_
2 af the U'nited Stalgg_qi_Aggtica in CQD9Cgss assembigdt l
a I
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. PRS 164 .
O .
2 I'
~ . .i .
Short Title
.1'
- I =
This Act may oe cited as the Nuclear Waste
' ~
~
2- ~Section 1. :
l l3- Policy:Act. '
Definitions
[ 4. i-
-5 Sec. 2. As used in this Act-- i 6~ (1)-The term Commission means the Nuclear o 7 ' Regulatory _ Commission.
l ll 8- ,
(2) The term disposal means' the long-term *
./ isolation of radioactive waste.
L 's i (3) The term high-level racioactive waste means the highly radioactive wastes resulting from the I .
l 11 -
j.
1: 12 reprocessing of spent nuclear fuel. Such term includes 13 . "
cath liquid waste' which is produced 'directly in i
!. 514 reprocessing, dry solid material derived from such-I 15
. liquid waste, and such other material as the Commission-designates as high-level radioactive waste for purposes
[.16- >
7 of protecting the pud 11c- health and saf et,y.
18: (4) The term Indian reservation means--
19 (A) the Indian reservations and dependent Indian and (b) of L 26 communities referrec.to in clauses (a) 21.
.section 1151 of title 18, United States Code, and
~22-(B) lands selected Dy Alaska Native villages or I
23:
regional corporations under the provisions of the
!- 24 Alaska Native' Claims Settlement Act. *
! 25 (5)
Th'e term Indian tribe means any Indian e
9 g
, T fM t , se.o -_--a , 17 3 m
- 1 *r. _
- r. 4-0
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q iPRS164 *
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d group cr .
J1 . tribe,. band, nation, or other organ ze i .y!
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'2 .
'communityfof Indians recognized as eligible for the .
Il 3 l services provid'ed to Indians by the Secretary cf the ;
q 4 Interior.Decause of their status as Inalans,. including e t
d of
! 5 any Alaska Native village, as defined in section 3(c) .-
a 16' the Alaska . Native . Claims. Settlement Act (43 U.S.C. *l j:7- 1682). .
n l
- 81 (6) The term low-level radioactive' waste means J I radioactive waste;not classified as high-level i
j 1e . radioactive waste, transuranic waste, spent nuclear fuel, or Dyproduct material as defined in section 11 e.'
11 ,
- 32. (2) of the' Atomic-Energy Act of 1954. ,
i 13 '
' (7 ) The term repository means any facility for 14 the permanent disposal of transuranic waste, high-level f
radioactive waste, spent nuclear fuel, or any
- .15 '
-16~
comoination of such wastes or fuel, whether or not such
_)7 - facility is designed tc permit the subsek.uent recovery .
18 of the mater.lais placed in the repository.
19- (8) The term Secretary means the Secretary of**
20 Energy.
21 .( 9 ) The term site characterization means 22- activities undertaken to cetermine the geologic 23 character,istics of a site and to otherwise determine if 24 a site meets the requirements applicable to sites for .
25 repositories. Such term includes borings, surface e
o
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. . , - , - , , ,. . , = , , . . . . , , ,, - -
. . . . . . - - - . ~ _ - - - . - - - .
o
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PRS 164 .
4
- 1 excavations, excavations of explcratory shafts, and in 2 situ testing needed to determine the suitability of a
.3 site for a geologic repository, but does not include 4 preliminary Dorings and geophysical testing needec to decide whether site characterization should be 5
6- undertaken.
7 (10) The term spent nuclear fuel means fuel that 8
has been withdrawn from a nuclear reactor following 7s .
(,/
9 1rradiation, the constituent elements of which have not 1's been separated by reprocessing. -
11 (11) The term State,means any State of the United 12 States, the District of Cclumbia, the Commonwealth of 13 Puerto Rico, the Virgin Islands, Guam, the Northern 14 Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the f 15 7 16-
-United States.
' - 17 (12) The' term State Revie'w Board means any State 18 Review Board that meets the requirements under section 19 136, as so determined by the Secretary.
20 (13) The t'erm transuranic waste means material l
21 contaminated with elements which have an atomic number 22 greater than 92, including neptunium, plutonium, 23 americium, and curium, which have a half life greater L
24 than 5 years, and which are in concentrations greater.
25 than is nanocuries per gram or in such other i
1 i
e **
l \
l-l t ,; c:, s '. . .
- PRS 164 5
f .
concentrations as-the Commission may prescribe to
.I
- 2 . protect;the public health and safety.
i 3 TITLE'I--DISPOSAL OF TRANSURANIC WASTE, HIGH-LEVEL r-4 RADI0 ACTIVE WASTE, AND SPENT NUCLEAR FUEL f 5 Findings and Purpose -
i 6 Sec. 181.-(a) Findings.--The Co'ngress finds that--
- 7. -(1) radioactive-waste creates potential risks and-l L. 8 requires safe and environmentally acceptable methods of
- b disposal;
.is (2) the accumulation of spent nuclear fuel from l 11- nuclear power reactors, radioactive waste from i
! 12 commercial nuclear reprocessing, activities related.to ,
13' medical research, diagnosis, and treatment, and nuclear 14 research and development activities, and radioactive i
waste'from other sources, has created a' national j
.15 16 proDiem; .
.'s_J 7 4
(3) Federal efforts during the past 32 years.to ,
l 18 devise a permanent solution to the problems of 19 radioactive' waste disposal have not been adequate; l
29 (4) the Federal Government has the responsibility to 21 provice for the permanent disposal of transuranic waste, i
22 high level radioactive waste, and spent nuclear fuel in
,23 order to. protect the public health and safety and the common defense and security;
~
24 (5) the primary objective of repositories fer such 25-i
^\
1 1
l
. -- .- . -l
PRS 164 9 9 ,
6 I .
' waste is to isolate them from the Diosphere;- .g 1 ~
.I
.2- (6) State and'public participation in the planning 3
and development of permanent repositories for the 5
4 disposal of radioactive waste is essential in order to E r
! 5- promote confidence among the public with regard to the a.
6 safety of' disposal of radioactive waste; 7 (7) the implementation of a radioactive waste l 8' repository program in accordance with this title woulo .
() provide reasonable assurance that methods of safe i 10 .cisposal of transuranic waste, high-level radioactive 11 waste, and spent nuclear fuel can be available when such l 12 methods are needed; and '
I 13 (8) radioactive waste has become a major issue of l
l in public concern, and stringent precautions must be takEn
.15 to ensure that radioactive waste does not adversely 16 af fect the public. health and saf ety of this or future
(
7 generations.
18 (b) Purpose.--It is the purpose of this title to--
19 (1) establish a schedule for the siting, 20 construction, and operation of licensed permanent
- 21 repositories for transuranic waste, high-level 22 radioactive waste, ano spent nuclear fuel which will i
23 provide the Congress with a reasonable assurance that i
l 24 the public will'De adequately protecteo from the hazards
- 25 po' sed by such wastes;
(
.____7 r .. , , -
()
l.- .
PRS 164 .
7 (2) 'estaolish the' Feoeral' cespons10111ty for the 11 '
2' ' disposal of such wastes from nuclear activities, and 7
3
'(3) establish a' definite Federal policy for the s 4 disposal of such wastes. E 5
Identificatien of sites for repositories 4 g
1981, l
, 6 Sec. 102. (a) Guidelines.--Not l'ater than June 30,
- 1
- 7. the Secretary shall, in consultation with the Council on 2 8 Environmental Quality,.the Environmental Protection Agency, '
l
-( ) tne Nuclear Regulatory Commission, and the United States l
is Geological. Survey, issue guidelines fcr the recommendation .
11 of sites for repositories. Under the gelde11nes the ,
12- Secretary shall specify factors that would disquall'fy a site cevelopment as a repository, including factors pertaining to 13 L 14 the location of valuable natural resources, proximity to 15 populations, hydrogeophysics, seismic activity, and nuclear. .
16 cefense activities. The guidelines shall require the
.lhi Secretary-to censider the various geologic media in which 18: sites for repositories may be located ano, to the extent 19 practicable, to recommend sites in different geologic medi'a.
-20 The Secretary shall use guidelines established unoer this 21 subsection in considering sites to be recommended under 22 subsection (b). The development of guidelines under this 23 sucsection shall ce considered a preliminary decisionmaking 24 activity and shall not be subject to the requirements of
~
I 25 section 102(2)(C) of the National Environmental Policy Act l -
...e, 4- . . .
. PRS 164- ,
g.g 8
.n c.
1 of 1969.
2 f(D) Recommendations Dy. the Secretary.--(1) Not later than January 1, 1982, the Secretary shall identify and recommend 3 U
.4 to the President at:least two sites which the Secretary f
5 cetermines are suitaDie for site characterization. Not later 7 than February 1, 1985,- the Secretary shall identify and
~
6
!- 7 ~ recommend to the President at least two accitional sites
-8 which the Secretary _ determines are suitable for such
( ) purpose. Each recommendation of a site shall include a :
10 .cetailed statement of the basis for the recommendation. If i
11 the Secretary rer.ommends a site to the President, the 12 Secretary shall notify the State Review Board of the State in which the site is lccated, or the governing body cf any 13 i
14-Incian trice on whose reservation the site is locatec, of
! 15 tne Secretary's. recommendation and the basis for such 16 recommendation.
.. 7'
.18 (2) Before recommending any site fcr a repositcry to the 19 -Presloent, the Secretary shall hold public hearings in the i E22 vicinity of the site to inform the residents of the area in
.21 which the site is located of the proposed recommendation anc i
22 to receive their comments.
The 23 (c) Presidential Review of Recommended Sites.--(1) t
. 24' Presicent shall review each site recommended by the .
25 Secretary under subsection (b). Within 60 days after the J
L i .- ,
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-9 1
suomission of a recommendation f or ' a site, the Presloent '
2- shall either approve or disapprove the site, and transmit
~
1 3 his decision to the Secretary and the~ State Review Board of 4 the State in which 'the site is located. If the President l I
5 fails to approve or disapprove the site in accordance with .
6 this paragraph during_such 60-day period, or within such to 7 period f ails to invoke his authority under paragraph (2) 8 . delay the aetermination, the site shall ce considerea to De .
l () approved.
10 (2) The President may delay for not more than 6 months 11 his decision under paragraph (1) to appro.ve or disapprove a the 12 site upon determining that the information provid,a i 13' recommendation is not sufficient to permit a cecision within the 63-day period referred to in paragraph (1). The 14 15 President may invoke his authority under this paragraph by 16 submitting written notice to the Congress, w thin such 4
j())7 period, of his intent to utilize the authority provided 18 under this paragraph. If the President invokes his authority
.19 under this paragraph but fails to approve or disapprove a?
20 site at the end of such 6-month period, the site shall be 21 considered to be approved.
22 (d) Continuation of site screening.--After the the Secretary i 23 loentification of sites under sucsection (b), l 24 shall continue to screen other sites to determine their .
25 suitaoility for site characterization.
, ; .- t < - -
PAS 164 10 1 Site Characterizaticn
- 2- Sec. 103. (a) In General.--The Secretary shall carry.
3 out in accordance with this section appropriate site 4 characterization activities at each site approvec under 5 section 102. e 6 (o) Nuclear Regulatory Commission and' State Review 7 Boards.--(1) Before' proceeding to sink shafts at any site, 8 the Secretary shall submit for such site to the Commission -
('9
) and to the State Review Board of the State in which the site 10 is located, or to the governing body cf any Indian tribe en 11 wnose reservation the site is located, for their review and 12 comment--
- 13 (A) an environmental assessment of the 14 nonradiological impacts of the site characterization 15 activities planned for such site and a discussion of 16- alternative activities which may be undertaken to avoid
,(J17 such impacts; 18 (B) a plan'for site characterization activities to 19 be conducted at such site which plan shall include--
20 (1) a description of the site;
- 21. . (11) a description of the site characterizatien 22 activities, incluaing the extent of planneo l_ 23 excavations, plans for any on-site testing of l
24 radioactive or nonradioactive material, -
25' investigation activities which may affect the I
i l
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h s
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, PRS 164 e
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f l' 11 m
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ability of the site to isolate radioactive wastes . .
, a l
and spent fuel', and provisions to control any l ' 2' 3
- adverse, safety-related impacts frcm site 4
'haracterization c activities; I-5 (iii) plans f or the decontaminating and l
6 cecommissioning-of the site'if it is cetermined 7-unsuitable for application for licensing as a ,
8 repository; _ .
/3
! ( /. (iv) criteria to be used to determine if the l 10 site is acceptable as a site for;a repositcry; and 11 (v) any other information required by the l
! 12' Commission; and .
13 (C) proposals describing the possiole form or 14, packaging for the waste material and spent-fuel which 115 would ne' emplaced in the repository.
16 (2).During the conduct of site characterization .
3 3(ms7 activities at a site, the Secretary shall report to the '
a 18 Commission-and to the State Review Board of the State in "
19 which the site is located, or the governing body of any
'23 Indian trice on whose reservation the site is located, on 21 the nature and extent of such activities and the information 22 cevelopec.from such activities.
23 (c). Tests.--The Secretary shall conduct at sites at 24 which site characterization activities are being ccnducted t
'25: such tests as may oe necessary to provide the necessary data l
l *
.....g... ,,. .
LPRS164-O. .
12- ::
. ;=
g for an application f or a construction authcrization f or a I .
!1
- 2 repository at-the~ site and for compliance with the National f p
4 3: ' Environmental Policy Act of 1969. .The Secretary shall report to1the commission on the tests conoucted at a site- h 4
L 5' pursuant to this subsection and on the information developed I-i 6 from such tests.
(d) Restrictions.--(1) In conducting site L
7
! B icharacter12ation activities 1or tests pursuant tn sucsection *
()
(c)--
.19
( A) -the Secretary may not use radioactive materials 11-at' a! site unless the . comm1'ssion and the Secretary concur ,
l '12 'that such 'use is necessary to provide data for'the L 13- -suomission of an application for a. construction
- 14 authorization for a repository at the site; 15' (B). if radioactive materials are placed in a site, 16 the Secretary'shall place the smallest quantity necessary to determine the suitability of the site for a l )7L 18- . repository, .out in no event more than the curie 19 equivalent of'19' metric tons of' spent fuel; and (C) any radioactive material used or-placed on a 20
.- 21~
site.shall De fully retrievaole.
22 (2) If characterization activities are terminated at a 23 site f or any . reason, the Secretary shall remove any nuclear il t l'
l' 24 -waste, spent nuclear fuel, or other radioactive mater a s a I' 25 or in the site as promptly as practicaole.
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11- Site Approval and Construction Authorizations
- 2 Sec. 104.- (a) In General.--If after completion of site 3- character 12ation activities at a site--
4- (1) the Secretary determines ~that the site meets the 5' . requirements applicable to ' repositorias, the Secretary -
5- snall proceed in accordance with this section to secure t
7 approval of the' site and a construction authorization
]
.8- for construction:of a repository at the site, or -
()[9; ~(2) the Secretary determines that the site dces net 10 meet such requirements, the Secreta'ry shall notify the
- 11. State Review Board of the State in which the site is 12 located of such determination.
- 13 (D) Hearings and Presidential Recommendation.--(1) If 14 after completion of site characterization activities at a 15 site the Secretary determines that the site; meets the 16 requirements applicable to repositories, the Secretary shall
' (],17 holc pud 1ic hearings in the vicinity of the site to inform I
18 'tne residents of,the area in which the site is located of 19 the determination of the Secretary and to receive their -
.22 comments. If.upon completion of the hearings the Secretary 21' affirms.the determination, the Secretary shall submit to the L22 Presicent a recommendation that the President approve the 23 . site f or the development of a repository. Together with any 24 recommendation of a. site under this paragraph, the Secretary -
- 2 5' shall submit to the President a report containing the F
.. > .' ' s *
- PRS 164 J '
14 1 following:
.I 2 (A)-A description of the proposed repository, 3 . including. engineering plans for the facility.
4 (B) A description of the waste form or packaging 5 proposed fcr use at the repository. .
6 (C) A ciscussion of data, ootaineo in site 7 characteriza tion activities, relating to.the safety of 8 the repository site. -
(]) 9 (D) A final environmental impact statement for the is site and the design of the repository as requirec under 11 the National Environmental Policy Act of 1969 together 12 with comments made concerning the environmental impact statement by the Dep'artment of the Interior, the Council 13 14 on Environmental Quality, the Environmental Prctection 15 Agency, and the Nuclear Regulatory Commission.
16 (E) Preliminary comments of the Nuclear Regulatory
()17 Commission concerning the extent to which the at-depth 18 sits characterization analysis and the waste form 19 proposal for the site seem to be sufficient for 20 inclusion in any application to De suomitted by the 21 Department of Energy for licensing of the site as a 22 permanent repository for high-level racioactive waste 23 and spent. fuel.
24 (F) The views cf any State Review Board, or 25 governing body of any Indian tribe, which is affected by 4
o.. ;
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O PRS 164 , h.j..
' ' 15 ' ""
i g ,
such site', .as determined by the Secretary, together with i -
.f
! 1 2 tne Secretary's. response to such' views.
g 3 .
~ (G).Such other information as the Secret-ary consicers appropriate to provice a complete statement of L4 E c
l 'S the' basis for the recommendation of the site fcr L
6
-licensing as a repcsitory for .the disposal of high-level f 7
radioactive waste and spent fuel.
B- (2) Not later.than March 30,.1987, the President shall ih suomit to the Congress a recommendation.of a' site which the
- -l e President considers qualified for appl'1 cation f or license as- '
11 a repository..The President shall submit ,With such 12 recommendation'a copy of the report for.such site prepared After such date,.the 13 by the Secretary under paragraph-(1). ,
14 Presicent may suomit to.the Congress recommendations for 15 other sites which'. the President also 'censiders suitable for '
.16 - such purpose, together with such reports.
07 (3) 1f the evarover of a site recommendat:1on for tne 18 initial repository proposed as required unaer paragraph (2) 19' coes not take ef f ect as ' a result of a disapproval by the 22 Congress under section 105, the President shall submit to 21 the' Congress, within one year after the disapproval of the 22 recommendation, a recommendation of another site fcc an 23 . initial repos,itory. The President may not recommend the L
j 24. approval of any site under this paragraph unless the f- 25 . Secretary has recommended to the President under paragraph
.a y y* ,a n v , , , , , , , , - - , . . - - ,---,.-,,,,,--.a, e,. , , . . , - - - , _ - , . ,
BS6k O o .
, =
x~'"'
16 L
l' :1.'(1) approval.of such' site and has submittea to.the President. ,
r 2 .c report for'the site as required under such paragraph.
l E
! 13 (c) Submission of Application.--If the President g
4 recommends to the~ Congress.a site for a repository under b subsection (b) and the site designaticn is permitted to take i
- 5 L.
i 6 effect under section 105 (pertaining to Congressional 7 disapproval), the Secretary shall submit to the Commission a i t
8 license application for the construction of a repository at
([> the site within-90 days after the date on which the i 10- recommendation of the site designation is effective under 11 .such section and shall.provice'the State Review Boarc of the 12 State in which the site is located, or the governing body cf 13 any Indian tribe on whose reservation the site is located, a .
14- copy of the. application.
15 (d) Status Report.for Construction Permit Authcrization--
16 No later than 2 years after the date on which an application for. a license application is submitted. under subsection (c),
h)7
-18 the Commission shall suomit a report to the Congress 19 describing the proceedings undertaken through suct; date with d
28 . regard to the _ authorization applicatien submitted, inclu ing (21 - a-description of--
22' (1) major unresolved safety issues, and the 23 Secretary,'s explanation of design and operation plans l 24 for resolving such isste7t ,
f 25 (2) matters of contention regardino the application; l
i O .
- g - --
, .,s- .- . .a . . - - .--r - ~ - > -~~ - s.-- - --- -~ - , - - - - ~ +- - - - -
,. , ,- s - -
' PRS 164 ,
l 17 l .
1 (3) any Commission actions regarding the granting or ,
.s 2 denial of the auther12ation.
3 (e) Commission Action.--The Commission shall consider a l 4 ; license application for the construction of a repository in l 5 accorsance with'-the laws applicable to'such applications, .
6 except that the commission shall issue a final decision 7 Lapproving or disapproving the first such application not .
'8 later than-- -
() 9- ' (1) January 1, 1990, or
.10 (2) the expiration of four years'after the date of 11- the submission of the application, ,
12 whichever occurs.later.
13 Review of Repository Site Selecticn I 14 Sec. 105. (a) In General.--The designation of a site for 15- a; repository shall be effective at the end of the 30-day 16 perios ceginning on the date that the President recommencs 17 Lthe site to.the Congress under section 104 udless a State
.18 Review Board has, submitted to the Congress a petition for
- 19. disapproval'under section 106 or the governing. body of an'*
20 Indian tribe has submitted such a petition under section 21 107. If any such petition has been submitted, the approval 22 of the designation shall not be effective except as provided 23 uncer.sucsection (b).
l l
.24 (b) Congressional Review of Sites.--(1) If the President 25- submits to the Congress under section 104 a recommendation 9
- . . ~ . . . .. .- -- .-- . . _ . - . . . . . - . . . - . - ~ ~ -
j3 .. .;,... '. .
- l. PRS 164.. J
! 18 i
-1 . f or t approval of-a site as a repository anc either a State
.1 2 Review Board submits to the Congress a petition f or l 3- disapproval under section 106 or the governing cody of-an 14- Indian tribe submits to the Congress such a petition under l
l 5 ~ section 107,'the designation of such site for a repository -
l -6' shall oe effective at the end of the first period of 90 '
t 7 - calendar days of continuous session ucf the Congress after l
'8 the date of transmittal of the recommendation of approval.cy -
j[' ).
.9 the Pbesident to the Congress, unless, during such period, l 13 either House of the Congress passes a resolution the matter
'11 after the resolving clause of which reads as follows: The 12 ---------- a p'p rov es th e pe titi on sub mi tte d b y --------------
13- regarding the disapproval of the site at -------- for a 14 repository for the disposal of high-level radioactive waste, l 15. transuranic waste, and spent fuel. ; (the first blank space 16 ceing filled with the designation of the appropriate. house
,}])17 of the Congress; the second blank space being filled' with
- 18. the. name- of the _ State Review Board or ' Indian trice governing
. l 19 cody the petition of which is approved; the third blank 23 space being filled with the geographic location of the
- 21- proposed. repository site). For purposes of paragraphs (3) 22'~through (7) of this subsection, the term resolution
i l
23 means a resolution descrioed oy this paragraph.
~
!. .24 (2) Paragraphs (3) through (7) of this subsection are l
25 enacted by Congress--
l.
' HRS 164 19 '
1 (A) as an exercise of the rulemaking power of the 2 Senate and the House of Representatives, respectively, 3 ano as such are deemec a part of the rules of each 4 House, respectively, but applicable only with respect to 5 tne procecure to De followed in that House in the case ,
6 of resolutions described by paragraph -(1) of this 7 subsection; and the provisions of such paragraphs 8 supersede other rules only to the extent that they are .
~
inconsistent therewith; and
(])9 10 (B) with full recognition of the constitutional 11 right of either House to change the rules (so f"a as 12 relating to the proceoure of that House) at ai. t1~.e, in
~
13 the same manner and to the same extent as in the case of 14 any other rule of the House.
15 (3) A resolution once introduced with respect to any 16' site designation shall immediately be referr'ed to a committee (and all resolutions with respect to the same site
[])17 18 . designation shal1 be referred to the same committee) by the 19 Presicent of the Senate or the Speaker of the House of -
20 Representatives, as the case may be.
21 (4)(A) If the committee to which a resolution with 22 respect to a site designation has been referred has not 23 reported it at the end of 20 calendar days after its 24 referral, it shall be in order to move either to discharge.
25 the committee from further consideration of such resolutlen
- . - , _ - - . . - . .- _-._-- __-.-.- - ..-.. .~._-_- .
1 .
- 9 9 .
20 1 or to cischarge the committee from further-consideration of'
.1 2 -any other resolution with respect to such site designation L 3 whi.ch has oeen referred to the committee.
4 (B) A motion of discharge may be made only by an L 5 individual favoring the resolution, shall be highly .
6 privileged (except that it may not be made after the -
l 7 committee has reported a' resolution with respect tc the same 8 site' designation) and debate thereon shall be limited to not .
[({h 9 more than one hour, to be divided equall'y between these.
.10 f avoring and those opposing the resolution. An amendment to L 11 the motion shall not be in order, and it shall not be in 12 order to move'to reconsider the vote by which the motion was
.13 agreed to or disagreed to.
14 (C) If the motion to discharge is agreed to or disagreed 15 to, tne motion may not ce renewed, nor may another motion to 16 discharge the committee be made with respect to any other resolution with respect to the same site designation.
()17-18 ( 5)(A):When ,the committee has reported, or has been 19 discharged from further consideration cf, a resolution it
'29 shall De-at any time thereafter.in. order (even though a
.21 previous. motion to the same effect has been disagreed to) to 22 move to proceed to the consideration of the resolution. The l
-23 motion shall,be highly privileged and shall not be l
l 24 debatable. An amen'dment to'the' motion shall not be in .
l-25 order,-and'it.shall not De in order to move to reconsider
.,-r -
. v. g.,.; -
- 9. 9 21 1- the vote by which the motien was agreed to or disagreed to.'
2 '(B) Decate on the resolution ref erreo to in suoparagraph 3 (A) of this paragraph shall be limited to not more than 5 4 hours, which shall De divided equally between those f avoring ,
1 5 and those opposing such resolution. A motion further to .
6' limit debate shall not be debatable. An amendment to, or i
7 motion to recommit, the resolution shall not be in . order, 8 and.it shall not be in order to move to reconsider the vote -
(]) . 9 cy-which such resolution was-agreed.to or cisagreed to.
10 (6)(A) Motions to postpone, made with respect to the 11 cisenerge from committee, or the consider.ation of, a 12 resolution, and motions to proceed to the consideration of ,
13 other business, shall be decided without debate.
14 (B) Appeals from the decision of the Chair relating to 15 the application of the rules cf the Senate or the Hcuse'of l 16 Representatives, as the case may De, to the procedure relating to a resolution shall be decided without debate.
(])17 18 (7) Notwithstanding any of the provisions of this 19 subsection, if a House has approved a resolution with 28- respect to a. site designation, then it shall nct be in order 21 to consi. der in that House any other resolution with respect
> 22 t!o the same such site designation.
- 23 (c) computation of Days.--For purposes of subsections L
L 24 ~(a) and (b) of this section-- .
i- 25 (1) continuity of session of congress is croken only
-w, _ - , . - , , - -- _ ,:
Fg,0; 'o o ,
22 1 by an adjournment sine die; and 2 (2).the days on which either House is not in session 3 .because of an adjournment of more than 3 days to a day 4 certain are excluded.in the computation of the 90-day 5 period. .
l 6 State Review Boards l
l 7 Sec. 106. (a) Definition.--(1) For purposes of this 8 title, a State Review Board of a State is an entity of the .
h9 State which is--
10 (A) created under State law with the authority 11 described'in paragraph (2) and the composition
~
12' prescribed by paragraph (3); and L 13 (B) determined by the Secretary to be established in 14 accordance With this section.
15 (2) A State Review Board shall be authorized under State 16 . law to--
( )17 (A) review activities under this title and 18 activities of the commission with respect to any site in 19 the State for a repository to determine the potential 20 economic, environmental, social,-and public health and 21: safe.ty impacts of the repository on the State and its 22 residents; 23 (B) De a representative of the' State in any
~
24- proceeding before the Commission respecting a site fot a 25 repository in the State; and l
l-0 6
- n , -
-r- - - , - --
~
f 23 1 (C) submit, in accordance with subsection (b), to
.I 2 the Congress petitions requesting the Congress to .
3 .cisapprove, in accordance with section 135, construction 4 of repositories in the State.
5 - (3 ) The State Review Board shall. consist of memDers .
6 representing the interests of the general public in the 7- State, including members appointed 'to represent the I
'8 interests of any-Indian tribes and local governments which. .
j)9 would be affected by the repository.
~.10 ~ (4) The State Review Board shall hold meetings open for
-11 public participaticn nct less than once e,very 4 months, at .
12- which meetings the Board shall receive ano to the extent 13 practicable place on its agenda matters submitted by Board 14 memoers.
'15 (5) The authority.of State Review Boards shall not be 16 . applicable with respect'to sites located on'Inolan
()17 reservations. Any references contained in this section so 18' sites located within'a State shall not be deemed tc include 19 sites locateo on Indian reservations within the State.
- 2 0 - (b) Participation in Repository Licensing Decisions.--
- 21 Upon'the.suomission oy the President to the Congress of the L 22: . recommendation of a site for a repository, the State Review
-; 2 3 Board of the. State in which the site is located may, by L 24 majority vote of the membership of the Board, submit a .
25 petition to the Congress requesting that the Congress i
V I
9 9 PRS 164 24 1 cisapprove the site designation. A State Review Boarc may ,
2 submit such a petition to the Congress not-later than the i
(
3 35th. day'after the date that the President recommends the.
4 -site to.-the Congress under .',ection 104 A petition shall be 5~ considered to be submitter o the Congress on the date of -
6~ the transmittal of the petc 'on to the Speaker of the House 7 and the President Pro Tempore of the. Senate. The petition 8 shall be accompanie'd Dy a statement of reasons explaining -
. I .9- why tne petition should be granted.
- 15 - (c) Financial Assistance.--(1) Subject to paragraph (2),
-11 and to the availability of funcs to carry out this 12 paragraph, th'e Secretary shall make grants to the State 13 Beview Boards of each State in which a site for a repository 14 has been approved under section 102(c). Grants under this i 15 paragraph shall be made under such terms and conditions as 16 the Secretary may prescrice, and the amount of funds
) 17 provided a Board under this paragraph in any fiscal year may 18 not exceec 75 percent of the costs of the operation of the
.19 Board in such year as determined by the Secretary. Salaries 20 and travel expenses which would ordinarily be incurred oy 21- any State or local government shall not be considered part
- 22 of-the. budget of the Beard and shall net be eligible for 12 3. payment under this section.
24 '(2) A State Rev ew Board may not receive any grant af ter
~
25' tne expiration of one year after--
u
.. -- - - - - , - . , , .,no- , e - - - - - , . , . , . - . - , -
~
- PRS 164. U 25 1 (A) the date the Secretary notifies the State Review , ,
2, Board under'.'section 124(a)'(2) that a site in the State 3 does not meet the requirements applicable to i 4- repositories,;
l- 5 .(B) the date:on which the site is disapproved oy the -
6 Congress. under section'195, or 7 (C).the date on which.the Commission. disapproves an-j 81 application for a construction authorization for.a -
10 , repository at a site in the State, cia whichever occurs first unless there is another~ site in the 11 State approved under section 102(c) with respect to which 12 the actions descriDed in sucparagraphs (A), (B), and (C)
(. .
13 have not-be'en taken.
14 (3)-At the'end of the one-year period oeginning on the l 15- effective date of any operating license for3a. repository in l '
l 16 s State, no Federal funds shall be made avallaole t- der this f :
( 17 subsection f or the State Review Board of the State in which 18 the repository is located, except for--
19' (A) such funds as may be necessary to support Boafa
~
20 activities related to any other repcsitory located in, 2 11 or proposed to be located in, such State, and for which 22- an operating license has not been effective for more
!. 23: 'than one year; and g
L 24' (B) such funds as may be necessary to support Board
'25 activities pursuant to-agreements.cr contracts fcr I
Y
' 46;;[ ~o .
o ,
26.
1 assistance entered into unoer sucsection (c) Dy the
. I 2 Board with'the Federal Government before the end of such ,
3 one-year perico.
4 (d) C6nsultation.--(1) The Secretary, the Nuclear '
5 Regulatory Commission, and other agencies involvec in the -
6 construction or operation of a waste repository in a State
-7 shall provide to the State Review Board of such state, and
- 8. to the governing cody of any Indian trice on or adjacent to
' ()9 wnose res..tvation the repository site is 1ccated, t mely and
.10 complete information regarding determinations or plans mace 11 with respect to the siting, development, design,
~ 12 construction, operation, or regulation cf_the repository.
13 (2) In performing any study of an area within a State 14 for the purpose of determining the suitability of the area 15' for a repository and in subsequently ceveloping and loacing
~
16 any repository within a State, the Secretary shall consult
~
and cooperate with the State Review Board of the State and
( )17 18 the governing oo,dy of any.affected Indian trice in an effort 19' to resolve the concerns of the State and any affected Indian 23 tribe regarding the public health and safety, environmental,
. 21 and economic inipacts of any such repository. In carrying out 22 his duties under this Act, the Secretary shall take such 23 . concerns into, account to the maximum extent feasicle.
- 24 (3) As soon as 'possible af ter notifying a State cf his 25 decision to study an area within such State as a possiole 1
4 9
y- -
---g,+ -,-#, y J -
.g'q -..
---y,-- * " - D "+-
E
)
1 su4 ~ ~O O ,
27 1' repository site, the Secretary shall seek to enter into a
. .1
.2 written agreement with the State Review Board of the State 3 ano, where appropriate, a separate agreement with the
.'4-' governing body of any affected Indian tribe, setting forth 5 the_procecures uncer which the requirements of paragraphs .,
6 (1) and (2) shall be carried out. The written agreement
~7 shall specify procedures--
8 (A) by which the State.or the governing body of the q9 b
Indian tribe (as the case may be) may study, cetermine, 13 comment on, and make recommendations with regard to the 11 possible health and safety, environmental, and ecenomic' '
l impacts of any such reposito'ry; 12 13 (B) by which the Secretary may consider and respond 14 to comments and recommendations made Dy the State Review 15 Board or the governing body of the Indian tribe (as the 16 case may be), including the pericd in wh'ich the p 17 Secretary may so respond,
.V 18 (C) by which the Secretary and either the State 19 Review Boarc or the Indian trice may review or mocify'*
20 the agreement periodically; and 21 .( D) _for puolic notification of the procedures.
22' specified under subparagraphs (A) through (C).
~23 Participation of Indian Tr1 Des i l _24 Sec. 107. (a) Authorities of Tribal Governing I
25 Bodies.--The gcVerning body of any Indian tribe on whose i
)
l l i
i ,
28 l 1 reservation is located a site approved for site l .
2 characterization under section 102(c) shall have the 3 authorities cescr1Dec under sections 106(a)(2)(A) and 1
! 4 196(a)(2)(C).
l 5 (D) Assistance to Tr1 Des.--(1) SuDject to the ,;
i 6 availability of funds to carry out this section, the 1
7 Secretary shall provide to the governing body of each Indian
'8 trice referred to in subsection (a) such funds as may be necessary to provide technical assistance to the tribe, and
(])9 10 to assist the trice in conducting the activities described 11 under sections 196(a)(2)(A) and 106(a)(2)(C) and other 12 similar activities related to the repository.
13 (2) No funds may be made available to the governing body 14 of an Indian tribe under this section with respect to a site 15 located on the reservation of such tribe after the . ,
- 16 expiration of cne year after--
(A) the date the Secretary notifies such governing l (]) 17
-18 body under section 104(a)(2) that the site does not meet iS the requirements applicable to repositories, 2B (B) the date on which the site is disapproved by the 21 Congress under section 105, or 22 (C) the date on which the commission disapproves an l 23 application for a construction authorization for a
- 24. repository at the site, 25 whichever occurs first ,unless there is another site located i
l i
L 3,,',R ' O O 29 l.
l 1 ~on the reservation of such tribe and approved.under section 2 '102(c) with respect to which the actions cescr1Dec in
!. 3 subparagraphs ( A ), (B), and (C) have not been taken.
4 (3) At the 'eno of' the. one-year period oeginning on the ;
5 effective date of any' operating license for a repository 6 located on a reservaticn, no Federal funds shall be made.
7 ava'11aDie under'this subsection to the governing. body of'the 8 Indian tribe on whose reservation the repository is locate'd,
^
except-for--
({)9 ,
.10 (A) such-funds as may be necessary to.suppcrt 11 activities related to an'y other repository located in,' '
12: or -proposed to be located in, such reservation, and f or 13 Which an operating license has not been ef fective for L
14' more than one year; and 15 (B) such funds as may be necessary t,o support-
.16 activities pursuant to agreements-or contracts.for assistance entered into by the governing. cdy of the
(])17
, 18l Indian trice,with the Federal Government oefore the end 19 of such one-year period. **
- 23 Judicial Review of Agency Actions
- 21. -Sec.,108. (a) In General.--Notwithstanding any other 22 provision of law, the actions taken by the Secretary to L' 23 recommend a site for approval by the President,and in l-i 24 ' connection'With the site characterization of a site, any I 25 -
actions taken by the Commission in granting or denying any 4
e
- ,,+ r- , - , , . , . - ,_..w- - - - . _,,_ , -w _ , 3._
9 PRS 164 9
30 1 construction authorization Epp11 cation submitted under 2 section 134 or for any operating permit for a repository, j 3 and any actions described in section 138 shall not be l 4 suoject to ducicial review except as authorized Dy 5 subsection (b).
6 (c) Judicial Review of Actions.--(1) A civil action for 7 judicial review of an administrative action described in ,
'8 subsection (a) may be brought not later than the 180th day
()9~ following the date of such action, except that the court l 10 referred to in paragraph'(2) may extend the time fer 11 oringing such a civil action if the court cetermines that 12 the f acts on which the civil action is based were not 13 reasonaoly availaole within the applicaule 180-day time 14 limit.
15 (2) A civil action for judicial review of any such 16 administrative action shall be barred unless a complaint is
(')17
- s. filed before the expiration of the time limit prescribed by I
18 paragraph (1) in the United States Court of Appeals for the 19- District of Columbia Circuit, acting as a special court. No i
20 other court of the United States, or any State, territory, 21 or possession of the United States, or of the District of 22 Columbia, shall have jurisdiction of any such civil action.
I 23 Expedited Authorizations 24 Sec. 109. (a) Issuance of Authorizations.--(1) Subject 25 to paragraph (2), to the extent that the taking of any l i
-j I
i
n l PRS 164 V U l 31 l
1 . action related to the characterization of a site or the 2 construction or initial operation of a repository under this 3 title requires a certificate,.right-of-way, permit, lease, 4' or other authorization from a Federal officer or agency, 5 such officer or agency shall issue or grant any such 6 authorization at the earliest practicable date, to the 7 extent permitted by the applicable provisions of law
. 1 8 . administered by such officer or agency. All actions of a Federal officer or a'ency g with respect tc consideration cf
(])9 10 applications or requests for the iss.uance or grant of any 11 such' authorization shall be expedited, and any such 1
. 1 12 application or request shall take precedence over any i 13 similar applications or. requests not related to such 4
14 repositories.
. 1 15 (2) The requirements of paragraph (1) shall not be l 16 applicable in the case of any action related(to any permit or otner authorization issued or granted by,for requested
(])17 18 from, the Nuclear Regulatory Commission.
19 (c) Terms of Author 12ations.--(1) Any authorization -
20 issued or granted under subsection (a) sha'l include such ,
Ja i 21 terms an,o conditions as may De requirea oy law, anc may l
22 include terms and conditions permitted by law. '
23 (2) Except as provided in the second sentence of this 24 subsection, nothing contained in this section shall be l.
25 construed to 5.mpair the authority of any Federal officer or ,
l h
i l
1
2 o o 32 l
l 1 agency to aca'to, amend, or abrogate any term or condition 2 included in any authorization issued cr granted pursuant to l 3 subsection (a) if such action.is otherwise permitted under o applicable laws administered by such officer or agency. In
! S the case of any such action which is permitted but not 6 required oy law, the Federal officer or agency shall have no l
7 authority to take such action if the terms and conditions to 8 De so adoed, or.as so amended, would have the effect of
(~x .
l (_) 9 -tprminating the characterization, construction, or initial 7,d' operation of the potential or permanent repository which the 11 authorization affects. ,
12 Schedule for Certain Standards and Criteria 13' Sec. 113. (a) EPA Standards.--Not later than Novemoer 1, 14 1981, the Administrator of the Environmental Protection 15 Agency, pursuant to authority under other provisions of law, 16 shall, by rule, promulgate generally applicable standards
( ) 17 for-protection of the general environment from radioactive 18 material.
19 (b) Criteria.--Not later than November 1, 1981, the 20 Commission, pursuant to authority under other provisions of 21 law,.shall, by rule, promulgate criteria which it will apply 22 in reviewing.under the Atomic Energy Act of 1954 and the 23 Energy Reorganization Act of 1974, applications for 24 construction authorizations for the ccnstruction of 25 repositories.
I I
1 -
PRS 164 9- 9 ,
1 33 1 4
-1 Disposal of spent fuel 2 sec. 111. Notwithstanding any other provision'of this i 3 Act, any repository for the disposal of high-level 4 racloactive' waste'and spent fuel which is cesignec anc i
l S -constructed under this~ title shall be so designed and 6 constructed that the spent fuel may oe retrievec, during an' l 7 appropriate period of operation of the f acility, for any i 8 reasons pertaining to the public safety or for the purpose -
~
L() 9 - of-permitting-the recovery of the economically valuable l I
10 ' contents of the spent fuel.
11 Authorization of Appropriations; contract Authority 12 Sec. 112. (a): Authorization.--There are authorized to be i
13 appropriated to the Secretary to carry out this title -
14 $5,000,000 for the fiscal year encing September 30, 1981.
.15 (b) Contracts.--The authority of the Secretary to enter 16 into contracts under this title shall be effective for any
(]) 17 fiscal year only to such extent or in such' amounts as are
- 18. provided in advance by appropriation Acts.
19 Accounting of Expenditures l 20 Sec. 113. (a) Record of Expenditures.--The Secretary 21- shall' maintain adequate records of all ey.penditures made 22 under this title which, together with expenditures made by 23 the United States uncer other laws in connection with the 24 ' management, interim storage, and disposal of nuclear wastes 25 and spent fuel, shall provide the basis for any fees to De
g PRS 164 V V 34 1
assessed as descr14ed under subsection (b).
2 (b) Fee Collection.--Not later than the cate the 3 Secretary submits to the commission under~section 104 a 4 license application for the construction of an initial
-5 repository, the Secretary shall suomit to the Congress a ,
6 report proposing fees to be collected to offset all 7 construction, operation, administrative, ano other costs ,
l 8 incurred' by the Secretary in providing f or the management, -
()9 interim storage, and disposal of nuclear wastes and spent 10 fuel. The fees specified in the report would be collected 11 from the persons or entities Who hold title to any nuclear
, j 12 waste or spent fuel which is suoject to interim storage or F 13 disposal by the Secretary, i
14 Termination of title )
15 Sec. 114. (a) Sections 108 and 109.--Sections 108 and 16 109 snall cease to have effect at such time as the Secretary
( ) 17 commences licensed commercial operation of at least one 18 cepository.
19 (D) Remainder of Title.--The provisions of this title, 20 -other.than sections 108, 109, 111, and 113, shall cease to 21- have eff.ect after December 31, 1999. j 22 TITLE II--LOW-LEVEL RADIOACTIVE WASTE 23 low-level radioactive waste disposal i 24 Sec. 201. (a)(1) It is the policy of the Federal 25 Government that--
4
9 PRS 164 9
35 1 -( A ) each' State is responsible for the disposal of 2 non-Federal low-level radioactive waste generated within 3 its borders; and 4 (B) non-Federal low-level radioactive waste can be 5 most safely and efficiently managed on a regional Dasis.
6 (2)(A) To carry out the policy set forth in paragraph 7 (1), the States may enter into such compacts as may De
-8 necessary to provide for the establishment and operation.of I 9 facilities for the disposal of low-level radioactive Waste.
10 (B) A compact entered into under. subparagraph (A) shall 11 not take effect until the Congress has by. law consented to 12 the compact. Each such compact shall provice that every 5 13 years after the compact has taken effect the Congress may by 14 law withdraw its consent. After January 1, 1987, any such 15 compact may restrict the use of the regional disposal 16 facilities under the ccmpact to the disposal of non-Federal
( )17 low-level radioactive Waste generateo Within the region.
18 (b)(1) In order to assist the States in carrying out the
- 1. 19 . policy set forth in subsection (a)(1), the Secretary shalf 20 prepare and submit to Congress and to each of the States 21 Within 120 days after the date of the enactment of this Act
! '22 a report Which--
23 (A) defines the disposal capacity needed fcr present.
s 24 and future low-level radioactive Waste on a regional 25 basis;
=
4
PRS 164 9 9 36 1 (B) cefines the stat'us of all commercial low-level 2 radioactive waste disposal sites and includes an 3 evaluation of the license status of each such site, the 4 state of operation of each site, including operating 5 history, an analysis of the adequacy of disposal 6 technology employed at each site to contain low-level
.7 radioactive wastes for their hazardous lifetimes, and 8 such recommencations as the Secretary con _siders -
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'9 appropriate to assure protection cf the public health is and safety from wastes transported to such sites; 11 (C) evaluates the tran,sportation requirements on a 12 regional basis and in comparison with performance of 13 present transportation practices for the shipment of 14 low-level radioactive wastes, including an inventory of 15 types and quantities of low-level wastes, and evaluation 16 of shipment requirements for each type of waste and an O 17 . evaluation of the ability of generators, shippers, and 18 . carriers to meet such requirements; and
-19 (D) evaluates the, capability of the low-level 23 radioactive waste disposal facilities owned and operated 21 by the Department cf Energy to provide interim storage 22 for commercially generated low level waste and estimates 23 the costs associated with such interim storage.
24 .(2) In carrying out his sucsection, the Secretary shall 25 consult with the Governors of the States, the Nuclear 4
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PRS 164 -
37 1 Regulatory Commission, the Ehvironmental Protecticn Agency, 2 the United States Geological Survey, and the Secretary of 3 Transportation, and such other agencies and departments as 4- he finds appropriate.
5 (3) This subsection does not authorize appropriations 6 for the fiscal year ending September 30, 198'O.
7 Uranium mill site at edgemont ,
8 Sec. 202. (a) The Secretary shall undertake an 9 infestigation to cetermine whether Federal funding is 1s appropriate for 90 percent of the cost of any stabilizaticn, 4
11 cecommissioning, and cecontamination action necess.ary for 12 off-site contamination resulting from the uranium mill 13 tallings site cuned by the Tennessee Valley Authority and 14 located at Edgemont, South Dakota. The investigation shall 15 take into consideration whether such tailings resulted all 16 or in part from activities conducted under Federal contract, 17 and shall. include an analysis of the total costs which would 18 be required to undertake such actions with respect to such 19 off-site contamination, including the costs of acquiring h'nd
~ 20 managing any facilities which may be necessary to prctect
. 21 the puolic health and saf ety from such contamination.
22 (b) Not later than 120 days after the date of the
- s. 23 enactment of this section, the Secretary shall complete the l
24 investigation prescribed by subsection (a) and shall submit l
25 a report to the Congress of the results of the t
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= PRS 164 38 1 . investigation. The report sh'all include any recommendation
- 2 for legislation to provide for Federal funding. Any such 3 recommenced. legislation shall be consisteht with the 4 provisions df the Uranium Hill Tallings Radiation Control i 5 'Act.of 1978. The report shall also contain the comments ano 6 . recommendations of the Tennessee Valley Authority.
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