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UNITED STATES 8
NUCLEAR HEGULATORY COMMISSION
-o 3-E ATOMIC SAFETY AND LICF.NSING APPEAL PANEL WASHINGTON, D.C. 20555
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~ August 20, 1982
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Y MEMORANDUM FOR:
Guy H. Cunningham Executive ~ Legal Director hAlanS. Rosenthal, Chairman FROM:
1' Atomic Safety and Licensing Appeal Panel
SUBJECT:
TEMPORARY OPERATING LICENSING AUTHORITY AND THE "SHOLLY AMENDMENT" I have reviewed the draft Commission paper enclosed with your August 16, 1982 memorandum on the above-styled subject.
In my judgment, the proposed legislation and regulations would have little, if any, impact with regard to the Appeal Panel and its resources.
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PDP H 8128 CONGRESSIONAL RECORD-HOUSE Notensber 5,1S81 sented on our committee. I urge you to Committee of the Whole House on the gesa may be used far -Program Direction support this balanced legislation.
8 tate of the Union for the further and Administrauen; Mr. WINN. Mr. Speaker I support consideration of the bill (H.R. 2330) to el 'Ibe C-a dan may use met more than 1 per centum of W amounts authw-the amendment, and I withdraw my authorize appropriations to the Nucle, taco to be appropdated under paragraph (s) reservation of objection.
ar Regulatory Commission la accord ance with section 261 of the Atomic *u'n lon N The SPEAKER pro tempore. Is a
Ener there objection to the request of the Energy Act of 1954, as amended, and Act of 1954 to enter tato grants and moper gentleman from Florida?
section 305 of the Energy Reorganiza ative agreements a1th universitaca pursuant Mr. BROWN of California. Mr. tion Act of 1974, as amended, and for to that eretion. Orants made by the Com-Speaker, reserving the right to other pumoses.
mission shall be made in aerordance with object-and I hope I will not object--I The SPEAKER pro tempore. The the Pederal Orants and Cooperative Agree-ments Act of 1977 and other appiscable law.
am, as the gentleman from Kansas in-question is on the motion offered by In maltins such grants and entering into dicated. Very much interested in this the gentleman from Arizona (Mr. such coopnauw armments. W Cmunta-legislation and the programs which it gpagu'
' ton shall mdram to pmide appropriate authorizes. I guess I have been the
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- stumbling block in reaching agree-En tus muuzTTus or Tus wuout student body has histortcally been predomi-Accordinriv the House resolved nately comprised of minority groups.
e e el a t is h
Itself into the Committee of the tem 1) Not more than $500.000 of the amount appropriated for a fiscal year to the requested, but I feel that I should. Whole House on the State of the Nuclear Regulatory Commission under any under my reservation, explain why I Union for the further consideration of paragraph of subsection (a) for purposes of have resisted this effort to reduce it.
the bill. H.R. 2330, with Mr. OLICEMAN the program specified in that paragraph First of all, the program is vitally in the chair.
may be used by the Commission in that important at this particular time in history; probably more important The Clerk read the title of the bill.
fiscal year for purposes of a program re-than ever before, because every indica.
The CHAIRMAN. When the Com. terred to tn any other paragraph of subsec-tion indicates that we may be on the mittee of the Whole rose on Monday, tion tal, and the amount available from ap-verge of major earthquake activity October 19,1981, all time for general proprimuons for a fiscal year for purposes of paralleling possibly the disastrous debate had expired.
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earthquake of 1906 in California, and Pursuant to the rule, the text of the fiscal year by more than $500.000.
generally occurring only ence every bill. H.R. 4255. shall be considered as e 4 3.fw limitamns on nprograming m 100 or 150 years. There are innumer-an original bill for the purpose of tained in paragraph 413 shall not apph able anomalous indications which we amendment.
where the Commission submits to the Corn-will be prevented from properly ans-The Clerk will read.
mittee on Interior and Insular Affairs and lyzing and explotting if we reduce the The Clerk read as follows-the Committee on Energy and Commerce of the Unned States Huse of Reprearntaum level of the research provided in this E.R. 4255 and to the Committee on Environment and b!Il Be ti enacted tg t'w Sczate and Rouse of Public Works of the United States Senate a I feel this very strongly that it is Repreicatardecs of %e United staf.es of notificauon containins a full and complete uns,ise to do that.
America f a camaress aarmbled-statement of the action proposed to be Second. I should point out that, as Szenon L (al nere is hereby authorized taken and the facts and cirrumstances the gentleman from Kansas has indi-to be appropriated to the Nuclear Regula-relled on in support of such proposed action.
cated, we are in this amendment bring. tory commission in accordance with the and it-ing the authorized level down to the provisins of anction 261 of the Atort.lc M) each such mm!th before th expb Energy Act c.f 1954 (42 UJLC. 2017) and sco* ration of a thirty-day pertod. transmits to President's budget, but I hasten to 11e M M the W Reganisauon Act the Commission a aTttten notificauon that point out that this is the President's I
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budget of last March. The President's 1 82 983 L re a
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budget of today is not the same. In pended. 8485.8'l3.000 for fiscal year 1982 and (B) a thirty-day period passes during fact, we are not sure what it is, so that $513.100.000 for fiscal year 1983 to be allo-which no such committee transmits to the in effect we are offering an amend-caled as follows:
Commission a uTitten nottftcation that the
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ment to try and hit a moving target.
(1) Not more than $74.097.800 for fint ttee disapprm;es of the proposed and we do not know what the target is. year 1982 and $76.714.400 for fiscal year So, I think it is a futile gesture to 1983, may be used for " Nuclear Reactor Regulauon". of which an amant not to De thirtMy period Memd to in this I
begin with. So. for these reasons. I exceed 81.000.000 is authorized each said paragraph shall commence upon the receipt have been reluctant to persuade
- but I fiscal year to be used to ameterate the by each such commntee of the notice re-will say that, recognizing the fact that effort in gas <ooled thermal reactor preap. ferred to in the preceding sentence. In com-
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it probably would not make a great p11 cation rettew.
puting such pertod there shall not be taken 5
deal of difference in the overall out-(2) Not more than 381.513.400 for fiscal into account any day in which either 11ouse come. I have been persuaded by my year 1982 and 862.564.800 for flacal year of Congress is not in session because of an distinguished friend from Kansas, who 1983 may be used for -' Inspection and En. adjournment of more than three calendar I know is interested in this bill, and by forcement".
days to a day certain or an adjournment (3) Not more than 117.591,000 for fiscal sine die. Each committee referred to in this
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the distinguished chairman of the full year 1982 and 817.830.200 for flacal year paragraph may approve or disapprove a pro-1983 may be used for "mandards Develop. posal of the Commission under this para.
committee.
graph in such manner as such committee D 1045 ment".
- 14) Not more than 645.768.000 for fiscal deems appropriate.
5 So, Mr. Speaker
- in return Ior this year 1982 and $47.059.600 for fiscal year Esc. 2. Moneys reccited by the Commis opportun!ty to explain my situation. I 1953 may be used for " Nuclear Blatepla3 alon for the cooperauve nuclear research withdraw my reservation of objection. Safety and 8afeguards".
programs may be retained and used for sala-The SPEAKER pro tempore. Is (5) Not more than $227.301.200 for fiscal ries and expenses a.uoruted with those pro-there objection to the request of the year 1982 and $247.136.400 for fincal year grams, notaithstandins the provisions of sectJon 3817 of the Merised Statutes (3) gentleman from Florida?
1983 may be used for " Nuclear Regulatory UAC. 484L and shall rmain avanable unuJ There was no objection.
Research". of which an amount not to A motion to reconsider was laid on exoews $3.500.900 for fiscal year 1982 and expenda the table *
$4.500.000 for fiscal year 1983 is authorized arc. 3 Durtnr the flacal years 1982 and to be used to arccJerate the effort in gas-1983 transfers of sums frora salarles and ca.
penses of the Nuclear Regulatory Commla-opoled thermal reactor safety research.
alon mar be made to other agencies af the AUTHORIZING APPROPRIATIONS (4) Not more than $18.757.290 for fiscal United FOR THE NUCLEAR REGULA. year 1982 and $20.tsuoo sor fiscal ygc whni of f
hac the I'
TORY COMMISSION may he need tw -w and ta sure cases tw Mr. UDALL. Mr. Speaker, I move Ct) Not" more than 640.s46.400 ser fiscal scered may he aws.d with the apprnp,g.
that the House resolve itself into the year t9a2 and 841.797.000 for nacal year aten so tranemd.
1
krember 5,1931-CONGRESSIONAL RECORD-HOUSE H 8129 Ste 4. Notwithstanding any other provt. eurance that puttle health and safety is not brtet desertption of the amendment. Noth-sion of this Act, no authority to make pay-endangered by operation of the fadlity con-Ing in this subsection shall be construed to ments hereunder shall be effecuve except to cerned.
delay the effeettre date of any amendment h#
the extent or in such amounts as are pro.
Sre. 9. No funds authorized to be appro. issued as provided in this section.
vided in advance in appropriation Acta priated undes tnis Act may be used by the tc) De Commission sha!! promutzate.
Mty Szc. 5. (a) Except as provided in subsec-Commission to promulgate or pubhsh a within ninety days from the effective date tion (b). of the amounts authorized to be ap-safety goal for nuclear reactor regulation of this Act, standards for determining propriated under this Act for the itseal unto pubite hearings have been condaded whether an amendment to a license involws years 1982 and 1983. not more than 3200.000 by the Commlaston respecting the establish-no significant hazards consideratton. Such may be used by the Nuclear Regulatory ment of such safety goal. Development of a standards shall be promulgated in accord Commission for the acquisition (by pur. safety goal for nuclear reactor regulation ance with the provisions of section 553 of chase, lease, or otherwise) and installation should be expedited, to the maximum tttle 8 of the United States Code.
of equipment to be used for the "sman test extent practicable, so as to allow for the es-Szc.12. (a) Of the amounta authortzed to o,*
protoptype nuclear data link" program or tabhshment of a safety goal by the Commis. be appropriated under section 1. the Nu-for any other program for the collection sion no later than December 31.1981.
clear Regulatory Commission may use such and traruminion to the Commission of data Esc.10. (a) No part of the funds author. sums as may be riecessary to issue tempo.
N from !! censed nuclear readers during abase. esed to be appropriated under this Act saay rury operaung !! censes for nuclear pos er re-f mal conditions at such reactors.
be used to provide assistance to the General actors as prodded in section 192 of the I
(b)(1) The umtrathm contained in subsec. Public Utilities Cororation for purposts of Atomic Energy Act of 1954. except that the Lion (a) thall not apply to equipment for the decontamination, cleanup. repair, or re-such temporary operating licenses may be th) shich the Commission prepares and sub-habf11tation of fart 31ths at Three Mile Assund-my mits to Congress a specific acquisition and Island Unit 3.
(1)in adtance of the conduct or comple-f OI installation proposal unless either House of (b) The prohibition tentained in subsec-tion of any hearing required by section 192
,ph Congress rejects such proposal within sixty teon tal shall not relate to the responsiba-or by acctJon 189 of such Act, and tat calendar days of such submtssion.
Spes of the Nuclear Regulatory Com=W (2) without regard to subsection (d) af (2) A proposal may be submitted to the for monitoring or inspection of the decon-auch accLion 192 and the finding required by Congress under paragraph (11 only after the tamination cleanup. repair, or rehabilits-subsecalon(bx3)of that secuon.
Corranission has conducted a full and com. Mon ac:Jvithrs at Three Mile idaM and such All hearings esmducted as prov6ded as se N
plete study and analysis of the laws in-prchibition shall not apply to the use of tion 192 in ennnection with the issuance of D
volved and prepared a detailed repet set-funds by the Nucicar Regulatory Commis* such a temporary operating bcense for con-at ting forth the results of such study and alon to carry out regulatory functions of the ducted in connection with any amendment analysis. Such proposal sha!! be aceomps Commtwlon ender the Atomic Energy Act of a temporary operating ticensel, and the n-nied try such report and by a conctae state-of 1954 sith respect to the facultars at record estabbshed in any such hearings.
4 ment, based on the report setung forth the Three Mile feaM shaII be treated as part of and consobdated reasons and justification for the proposal (c) Of the amounts authorized to be ap-with, the hearings and hearing record re-W8 (3) The study and analysis referred to in propriaud under section 1 for the Office of seutred under section 189 of such Act for ts-
)f paragraph (2) shall include, at a minimum. Nuclear Materials. Safety and Safeguards. suance of the final operating license where T
an examination of-such sums as may be necessary sha2: be used the Commission determines that such cord
.d (A) the appropriate role of the Commis-by the Nuclear ftegulatory Commission to sohdation will reduce duptkation of effort fI sion during abnormal conditions at a nu-promptly enter into a memorandum of un-and expedite the lasuance of the final oper-f clear reactor licensed by the Commission; derstanding with the Department of Dierg7 sting Ecense, p
(B) the information shich should be artil-specifying interagency procedures for the (b) A temporary opersting license tasued 1
able to the Comminion to enable the Com-disposition of radioactive materials resutting as prWoed in this section may initially so-mminn to fulfill such role and to carry out frors the cleanup of Three Mile falsad Unit thortre f uel loading. tesing, aad operat6cn of other related functions; 2, except ihnw materials approved for dis-the reactor at a specific power legel, deter-(C) various alternative rneans of assuring posidon prior to the effecuve date of this mined by the Commission, which does not that such information is available to the Act. Nothing in such memorandum of un-eacced S per centum of the rated full ther.
L Commission in a timely manner; and derstandtng shall alter or impair any su-mal power. Pursuant to such Itcense, and in (D) any changes in existing Commission thority or responsibility of the Beeretary of ac ordance with the procedures and require-authority necessary to enhance the Com. Energy or the Nuclear Regulatory Commis-ments of subsection (a), the Commission mission response to abnormal conditions at sion as provided under the Energy Reorga-may thereafter permit operation of the re-a nuclear reactor licensed by the Commis-nhatton Act of 1974 or under any other pro-ador at power levels. determined by the sion.
vision of law.
Commission. which exceed the 5 per centum The study shall include a cost-benefit analy.
Esc.11. (a) Of the amounts authorized to timttauon set forth in the preceding sen-sis of each altemative examined under sub-be appropriated under section 1 the Nuc1 car ten m paragraph (C).
Regulatory Cornmtulon may use such sums Erc.13. (al Buch sums as may be neces-8ec. 6. Of the amounts authorized to be as may be necessary to issue and make im-mary enay be used by the Nuclear Regulatory appropriated by this Act for the fiscal year mediately effective amendments to a license Commission to establish an independent 1982, not more than $30,000,000 may be for nuclear power reactors upon a determl-Temporary Addsory Panet thereinafter in used to continue tests at the 14ss-of-Fluid cation by the Commission that the sinend-this sectton referred to as the " Advisory Test Facility; ment inrolves no significant hazards consid-Panet") to carry out the purposes of this Sac. 7 (a) Of the amounts authorized to be cration. Such an amendment may be lasued section. The Advisory Panel shall consist of appropriated pursuant to paragraph (7) of and made immediately effectJve-members selected by the Commission and subsection 1(a), such sums as may be neces.
(1)in adsance of the conduct and comple-shall include representatives of the National stry shall be available for interim consolida. tion of any required hearing, and Governors' Association. State agencies that tion of Nuclear Regulatory Commission (2) after notice to the 8 tate in which the regulate rates charged consumers for the headquarters staff offices in the District of facility is located-use of electric energy, representatives of the Columbia and, to the extent necessary, in The Commission shall consult with such nuclear poser industry, and representatives Bethesda. Maryland.
State, when practicable, before issuance of from the general public sho represent citi-(b) No amount authorized to be approprt. the amendment: Provided. That such con. zen or environmental organizations. Mem-ated under this Act may be used,in connec-sultation shall not be construed to delay the bers of the Advisory Panel shall serve with-tion sith the interim consolidation of Nu-effective date of any amendment issued as out pay. While away from their homes or l
clear Regulatory Commiss!on offices, to re-provided in this sectJon. In all other re-regular places of business in the perform-1 locate the offices of members of the Com-spects the amendment shall meet the re-ance of servlees for the Advisory Panel, mission outside of the District of Columbia, quirements of the Atomic Energy Act of members of the Panel shall be allowed Etc. 8. Of the amounts authorized to be 1954.
travel expenses, including per diem in lieu appropriated under secuan 1, the Nuclear (b) The Commission shall periodically of subsistence, in the same manner as per.
Regulatory Commfutan may use such sums (but not less frequently than every thirty sons employed intermittently in Oosern-as may be necessary, in the absence of a days) publish notice of amendments issued, ment senice are allowed expenses under State or local emergency preparedness plan or proposed to be issued, as provided in this section 5703 of title 5 of the United States which has been approved by the Federal section. Each such notice shall include all Code. The Federal Advisory Committee Act Emergency Management Agency, to issue amendments issued, or proposed to be (5 U.EC. App.) shall not apply to the estab-an operating license (including a temporary issued. since the date of pubhtstion of the itshment and operation of the Panel.
operating license under secdon of 12 this last such periodic notice. The notJce shah, (bM13 The Advisory Panel estabhshed Act) for a nuclear power reactor, if it deter-sith respect to each amendment or pro-under subsedian (a) shall evaluate-mines that there exists a State, local, or posed amendment (1) 1dentify the nuclear
( A) the effectiveness of the nuclear poser.
utility plan which provides reasonable as-power reactor concerned, and (2) provide a plant licensing process in assuring that the
)
E
mm H 8130 CONGRESSIONAL RECORD - HOUSE Notember 5,1981 (
requirementa of the Atomic Energy Act of (2) Such sums as may be necem ary may be will be protecting the health and
[E 1954 and the National Environmental Pobey used by the CommLssion to commence safety of our citizens.
Act of 19ti9 are met in the licensing of nu-wtthin sixty days after enact;nent of this clear poserplanta.
Act and prepare the report required by sutF The demonstration project I Rm pro-e4 (Bi the efficiency of the nuclear poner-section (d M 1 x A) of this section posing Will consist of up to three seg-plant beensing process and the potenual for Mr. UDALL (during the readingt ments; one could be an inactive site,
[
delays in the beensing of nuclear power-plants. including the extent to t hich there Mr. Chairman. I ask unanimous con-one could be an active site, and one i sent that the amendment in the could be a site that is partly active and exists unnecessars duplication of effort in nature of a substitute be considered as partly inactive, C h tent to hc t ere ists stabil. read, printed in the Rzcomo, and open It is my intent that the effectiveness sty and predictability in the licensing proc. to amendment at any point.
of Federal or State regulations shall esa for nucicar ponerplanta, and The CllAIRMAN. Is there objection be demonstrated and evalt?ated. If it is (D) the opportunity for pubhc participa-to the request of the gentleman from shown that there are problems in im.
tion in the nuclear pouerplant Licensins Arizona?
plementing these regulations or that
- process, There was no objection.
they are not cost effective, then it is d no t an v a.
ao to t ike th las o (A) the manner in m'hich need-for power (Mr. LUJAN asked and was given Over and over again we have all determinations are made concerning pm permission to revise and extend his re. heard testimony about the problems posed nuclear poserplants by Federal and marks. )
State agencies under Federal and State law created by excessive Federal regula-and the extent to which there are duplicat-Mr. LUJAN. Mr. Chairman, we are tions. IIere is a classic example cf a Mw working on an amendment possibility of regulations belpg imple-ing or overlapping recuirements and proce-authorizing a uranium mill tallings mented that will be excessite and un-0 B t e f 1 any h h e issuance demonstration project included in the necessarily costly. My proposal is in-f by States of early site permits for nuclear nuclear waste bill being marked up by tended to stop that from happening.
I pos erplaata s ound have on the nuclear the Interior Commit tee. I mention Mr. UDALI. Mr. Chairman, will the
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pomerplant beensing proccas. including-this now bechuse such a demonstra. gentleman yield?
W the issues thsch should be considered t.lon project is necessitated by the fact Mr. LUJAN. I am happy to yield to tie tio hip be een State dect-that NRC's current regulations, appli. the committee chairman.
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sions under an early site permit process and cable to the stabilization of mill tail-Mr. UDAIL Mr. Chairman, the gen-Pederal requirementa under the Atomic ings, will cost in the neighborhood of tieman from New Mexico (Mr. Losa) 6 4
Energy Act of 1954. and
$1 billion to implement.
has been a leader in this field. The mi the effect which such permits should Although a good deal of research gentleman has helped us and the com-hase upon subsequent beensms decisions by has been done on the stabilization of mittee to develop the legislation in th nogand mhl tall!ngs, many questions remain 1978, and he has been concerned, which States may deter-mine the suitabibty of sites for the locataon unanswered. There are a lot of things alotig with me, about where we go of nuclear pomerplants and relatsorahlp be.
se do not know about food uptake, from here.
tmn such State determinations and the the process by which cover vegetation des.gn and eperation standarc16 and require. collects radium, uranium, and other As the gentleman knows, we have ments imposed under the Atomic Energy hazardous minerals, from a tallings scheduled an initial overview hearing pile and makes them available for con-in the committee on November 12 to Act of 1954 (ca Tha Advisory Pane! *stablished under address the problems arising from im-sumption by grazing animals. We do piementation of the 1978 Uranium
[8 I( [ *h not kn w en ush about the best meth-Taliings Control Act. We have encoun-
,n b
n enactment of this Act, and within one hun. ods of eliminating the possibility of tered some rough spota with this law, dred and eighty days after enactJnent of the entry of Llaese minerals into man's th:s Act the Adusory Pane.1 shall prepare a IOOd Cycle.
and in January we are going to go in depth to consider this further.
final report setting forth the results of the The water mobilization of all haz-I am advised that the Appropri-es alaation. includmg an assessment of deft-ardous minerals in a mill tailing pile is ciencies in the present nuclear pouerplant a sery complicated matter. There is ations Committees of the House and the mncern that erosion will mobilize Senate have recommended that the ny eede dmin t or e is at NRC be prohibited from using funds changes to the process. The report shall be these hazardous minerals. A semnd to implement the act during the next subm tted to the Nuclear Regulatory Com. concern is that these ming k wtil be fiscal year. While I do not think that mission and to the Committee on Interior leached from the tallings pt.
and end and Insular Af f airs and the Committee on up in the ground water. We need to is a very good approach for solving problems. it does give us a little Energy and Commerce of the United States know more about the practical solu-House of Representathem. and to the Com-tions to this problem.
breathing space in which we can un-mitt ee on Emironment and Public Work.s of the Senate. The Adytsory Panel shall termi Much needs to be learned about the dertake a thorough review of the mill tallings demonstration project includ.
cover for mill tallings. How deep nate upon subrnission of such report.
tdx1) Within thirty days of the submis-should the cover be? Should the cover ed in the nuclear waste bill and we can then recommend any necessary sion of the report of the Adstsory Panel consist of top soil, crushed rock, clay, changes, whether administrative or under subsection (c). the Commission shall or something else? The cover should statutory.
protide to the committees named in sutmec. be designed to prevent erosion both by wind and water, as well as reduce the 80, Mr. Chairman. I will work with tion t r H (A) the Commission,s views on the find-radon releases to s safe level-the gentleman, and I will consider mas conclusions, and recommendations set forth in the report of the Advisory Panel, In short, Mr. Chairman, we need a carefully the proposal that he de-demonstration project to test th. e feas-and ibility of both EPA.a and NRC s regu' Mr. LUJAN. Mr. Chairman I thank (Br a report by the Commission recom.
the gentleman from Arizona ( Mr.
mendmg legislative and administrathe ac.
lations and to work out problems tions to improve the filing. review, arfd issu. before we begin spending in the neigh-pg' ance of construction permita. operating 11-borhood of $1 billion stabilizing mill As the rentleman says, the buying of censes. and license amendments f or a f acill-tailings.
a little time for 1 year. while perhaps ty for s hich an apphcation is filed on or We did not know all the answers it is necessary at this pomt. is just a after October 1. 19A1. under the Atomic when the Uranium Mill Tallings Radi-very. very small step toward some-Energy Act of 1954. as amended Such report by the Commission shall include. but ation Control Act was enacted in 1978 thing that needs to be expanded.
not be limited to. the same evaluntions of Y-nunoum NED sY uR unm the hn nsmg process required of the Tempo. Before we implement a program on a Mr. MARKEY. Mr. Chairman. I ran Adytsory Panel under autmeetion (b) of full-scale basis, se need to know that offer an amendment.
this section.
It will be cost effective and that we The Clerk read as fullows:
E 1851 bbecmber 5,1981 CONGRESSIONAL RECORD-HOUSE H 8131 th and Amendment offered by Mr. MARKsY: Pase Even worse, this could well become the point of order that a quorum is
- 11. strike out 11ne 11 and all that follows the precedent for even furuier and not present.
un pro.
down throush line 17 on page 12 and re-more drastic revisions of the Atomic The CHAIRMAN. Evidently a Energy Act itself. We cannot allow q' orum is not present.
u sj
- r A
M hai 1
md one*
pleased to join with my colleague
- the this to happen.
The Chair announces that he stil Iet me just conclude my opening vacate proceedings.under the call lve and
{nt c t,today an statement by reading to the Members when a quo-um of the Committee ap-a statement by Con miraloner Peter pears g"ng in Bradford of the Nuclear Regulatory Members will record their presence uness ri ar ishan Commission on the subject of the need by electronic device.
It la powerplants without adequate or com-fu additional exemptkms for me
- I" I""
plete pub!!c involvement in the hear-The call was taken by electronic clear industry from the licensing pme.
device.
' that ing process. To pass this authorization billin its present form would be to un-ess. He says that the numbers that 3 gg g, have been given to the Nuclear Regu-0 1100 dermine an already dubious nuclear
.,g latory Cammlnston by the industry in regulatory process to an extent far out The CHAIRMAN. A quorum of the g
f proportion to any possible gain.
8."[
Committee of the Whole has not ap.
n d an th re all This concession to an over enthusi-peared.
[,y,et it k being used as an invi-C ms astle and single-minded nuclear indus-The Chair announces that a regular a.
try is simply not necessary. If we do tation to the Congress to change legis-quomm can W now commence.
I O
not make the effort to change this bill' lation that will remain on the statute Members who have not already re.
, D e-we will truncate the democratic proc-books and affect the licensing process sponded under the noticed quorum ess in a way far exceeding what the for years to come, long after the num. call will have a minimum of 15 min-Nuclear Regulatory Commission has C-itself requested.
bers themselves have proven to be utes to ' record their presence. The call i
the Let us consider what we are granting completely erroneous-well, not erro. will be taken by electronic device.
with these unnecessary concessions to neous, but good faith efforts. To use The call.was taken by electronic this chart as the basis for legislation device, i
kr rd o th past e y T
(on interim licensing authority) seems. The following Members responded i
ten.
Industry's only real example of a plant to me to be terribly fallacious. You to their names.
rAN) delayed by so-called overregulation, have to understand that when we look (rod Na tes)
The Diablo Canyon in California is now back at this chart a year front now, it 444.ne,o coushun Freat drowning in a controversy involdng is going to be seen that the delayed Atata coursar rugua ld backward blueprints and serious plans were neither delayed, nor, for g games g r
that matter, were they plants. The
- led, design m!scalculations.The most scru ' costs an not costa. The months are anor,,
cru,
o,%
o tinized nuclear powerplant in the Annuna crw. Danlet ocphardt world, Three Mile Island, is now em-not months. And the completion dates Anthony orane. rnmo ouman gy,
broiled in a scandal involving the pos-are not real completion dates. A year g**
' gQ
- 07
^
sible cheating on exams by its opera, from now there will not, in any of Atamson cannemeyer aucaman tors. And, incredibly
- this comes after these tables, turn out to be a single Aucoln Daachle Oonaales operator error played a most serious number worth nlying e or a single g7 g
N4 g,,,
a role in the most serious accident to column of numbers that me an nly naaer tuoi dela carsa oradman g
date, at Three Mile Island in March on for the purpose of legislation that naise, t PA)
Deckard Oramm l
f 1979. We hate also seen the Indian will af ect the, regulatory process for gcu ocrrsc ora la Point plant in one of the most densely y,
me.
o c,,
g,,,,
Mr. Chairman I hope that the populated regions of the country, a,,g.ma
- pao, o,,,n,
which has amendment that the gentleman from nennett conneur ouanni north of New York City'nderinspect-
+
been found to be grossly u Connecticut (Mr. MorrErr) and I have sewuter nwsan ounderson ld setnune Dornan nacede n ed and especially accident prone.
offered this morning will be acreDted Benn Doustwrty uan son No, Mr. Chairman, now is not the in the light in which we offer iL We do staast oowdy nan, naian time to compromise on nuclear safety
- not seek to cause any further unneces-minsta=
Dones nan. sam Now is not the time to fuel public sary delay in the licensing of nuclear [7 chad D",*
gamuyeschmaat n
g,,,,
skepticism about our concern for powerplants but, rather, to look at the sciane oman Hance I
safety of nuclear powerplants. Now is facts and to look at the cases that noner ovver unnaea no, E
not the time to compromise public have been presented as a justification Belor Dymany nanern dTrp safety in the well-established demo. for this legislation that will expedite
[*',,,
D3 E
artnm I
cratie hearing process and congres, or trarrate the licensing process to seven sawards ( Au natener slonal responsibility, for the benefit of limit severely the right of the public Breaux Edwards (CA) neckhr nobody.
to ask in a rneahr l way the tough Brinsky Edmar4(OK) Hefne u
I want to commend many of my col. questions that have to be asked before f,jrieto NN Emery leagues on the Committee on Energy licensing nuclear powerplants in this arnu <cas Enssan setten and Commerce and the Committee on country is allowed.
Bronmoo8 tream mshsowre Interior and Insular Affairs for their What I ask for is that we undertake a tun y murn fine and admirable efforts to reach a a reconsideratJon at this time of the sanon.Ph11hp mana <DE:
nonenbeen carefully crafted compromise on this need for the legislation as it was origi-suner nuns coAs neu issue. Rarely has this Contras wit. nally pamed out of the Energy and n2=
c ans uAs noward nessed such a brtI11 ant polltleal com. Commerce Committee, and that we $7
("'**d h '" "
p, promise on such a contentious issue.
look at the numbers that were asked carney mata nunser But my pmblem is that the facts for by the Appropriations Committee m appeu Penaro asutto which mottvated this compromise are ' to be submitted by the Nuclear Regu. (*]'
gr
,Q based upon fanity, deliberately mis. latory Commission to this body.
ca..,n m,,
g,,,,,,
leading, and dangeronsly erroneous Mr. YATES. Mr. Chairman, will the cims r riah Jersma deceptions perpetrated by the clever. gentleman yidd?
Cenas rntMan Johnston est voices from within the self, serving Mr. MARKEY. I yield to the sentje-gm*,,
Qua '
NN' nuclear industry. I believe that this man from Illinois-coinna < na hier Kastenmeier House is about to be duped into Mr. YATEd. Mr. Chairman. I think coums tTx Wrderwn Kamen making a compromise on a compro. the gentleman from Manarhusetts C*oaMe he=rthe Mens te E
mise on a compromise without any (Mr. MARKET) is making a Very impor.
need whatsoever.
tant statement, and, therefore. I make o m mram - prana mosawa G
.o-M
'E
7 H 8132 CONGRESSIONAL RECORD ~ HOUSE November 5,1981 Kramer Neal Shelby operators before the completion of the ings have been completed is equally an 7amarstne N' as public hearing process.
Important question.
Now this means not only may they Let me just make this point. At the
- t unton Nichois meen utta
.Nowna metton begin operation up to the 5-percent time that we passed this provision g
og operating power level but also allows against my opposition in the Energy
.{
smi' se them, theoretically under this bill, to and Commerce Committee, we were 4
usoutnuer ober smith ma usand otunser amita(PA) go up to 100 percent of operating talking about allegations of 90 months unt omier snow' power without any completion of of reactor delay in the completion of ane' P","ta public hearings having been held on the hearing process for the licensing p,
sonnis urtnsston Paunan soiomon that particular powerplant.
of nuclear powerplants in this coun-L.
u erner Patterson spence Mr. O'ITINGER. Mr. Chairman, will try.
g the gentleman yield?
When we passed the amendments Ptul R
p_
8tuse Mr. MARKEY. I yield to the gentle-out of our full committee we were re-I utt Petri stanton uwery (CA)
Perser 8taton man from New York.
lying upon industry figures certified J
WA)
Pickle Mr. O'ITINGER. I thank the gentle-by the Nuclear Regulatory Commis-man r yi ding.
sion saying that nuclear powerplants tuken Price stratton The bill provides for a license and across this country would be suffering undine
- Pntchard mudds tunsren Purseu stump for 5 percent operation before hear-a total of 90 months or more of delay gu ings. It is my clear understanding-in in the licensing process if we did not the general debate we tried to make pass an amendment which expedited g,,,,
g,,,,,
.rauke this clear-that if you go from 5 per-the process to get them off the i
uartence nascarord Tausta uarriott Resula nomas cent to anything above 5 percent it I#
d Larunjna will require a licensing amendment mu
N it turns out upon subsequent h
which will be subject to the full proce-examination of these figures by the we nacamand odau ucClory Rinaldo Vander Jast dure of the act and therefore would NRC, and the latest letter by Chair-ueCloskey Ritter Vento require hearings.
man Paladino of the NRC to Chair-uccouum Robena (KS)
Volkann Mr. MARKEY, That is not clear Brv of the Appropriations 7paa,#
N from the language of the bill.
a nobinson
,g a ucoanald nodino wampier Mr. O'ITINGER. It is not clear, but The CHAIRMAN. The time of the ucrwen p-washansson that is the intent of the language, and
- '11"'
indeed the language requires that the gentleman from Massachusetts (Mr.
"'I""
Ie*ber< uni Comminion, after granting the initial MAaKn) has expired.
u Rosenthat Mikuiski Rostenkowski weber <om license, if it wants to go above 5 per.
(By unanimous consent Mr. MAaKrr M1Hw<CA)
Rout whnehurst cent, it says the Commission must was allowed to proceed for 1 additional
" s,' *
" ""d "w'"En thereafter act in accordance with the minute.)
h
=
u utntsn norbai wrutten provision of subsection (a) to increase Mr. MARKEY. Rather than 90 usteneu (NY) audd
%vt:11ams tut the power.
months, which was the premise upon u akley Russo wilson i
I think it is very important that we which we passed the amendment in IoD
$"w*y, Itrin make that clear in the legislative his. the subcommittee, and in the full com-
=
Montsomery schneider watt tory and that it not be fuzzed up to go mittee. Chairman Paladino rtow says,
uoore schroeder wortley above the 5 percent.
that the total amount of months that 7o'n,oo,
In my interpretation and the inter. we are talking about for impacted rhead W n a
moto setberuns rates pretation of the gentleman from Ari-plants is 11 months. What do those 13 w urphy sensenbrenner vatron zona, it would require an amendment months break down to? Nine of those uurtha Shamansky Youns ( Am and seperate determination by the months are at Diablo Canyon. Diablo N
Eou""n's $
Commission in accordance with the 11 Canyon, my colleagues may remem-Natcher Shaw Zeferetu Censing prodecures.
ber, is the powerplant that this past 3
Mr. MARKEY. If I may recialm my month was revealed to have been built D 1115 g
time, that may be the intention of the using the wrong blueprints in the de-The CHAIRMAN. Three hundred Chairman, but the language itself in signing of the support system for the and sixty three Members have an-the bill states that after the 5-percent cooling of the core of the reactor, swered to their names, a quorum is license has been granted by the NRC, Diablo Canyon is not a nuclear plant present, and the Committee will and without the conduct on comple-that should be used as a good example resume its business.
Lion of public adjudication safety of regulatory dclay since I do not The gentleman from Massachusetts hearings, that the process that is then think the people in southern Califor-(Mr. MAaKEY) has 30 seconds remain-used that section 12 of this bill per. nia or any part of this country want a
+
ing on his original time.
mits the NRC to grant a temporary nuclear powerplant on line that has
/
The Chair recognizes the gentleman operating license theoretically up to not as yet had a cooling system con-from Massachusetts.
100 percent of power before the NCR structed in accordance with the safety (On request of Mr. OTTINGER, and by has conducted much less completed system blueprints. One of the other unanimous consent, Mr. MARKEY was puDlic hearings. In accordance with two powerplants that according to allowed to proceed for 5 additional.the procedures and requirements of Chairman Paladino have projected 11-minutes.)
subsection (a), the Commiulon may censing delays is at San Onofre, a nu-
[p Mr. MARKEY. I thank the gentle-following the 5-percent. interim-oper. clear powerplant in California that j
man from New York for requesting sting license
- decision, thereafter like Diablo Canyon is also built on an the additional time.
permit operation of the reactor at earthquake fault. San Onofre is pro-er Mr. Chairman, I think it is impor. power levels, determined by the Com. jected to have only a 3-month delay, h
tant for us to understand exactly misalon which exceeds the 5-percent Eliminating those two nuclear power.
which issue we confront here this limitation set furth in the preceding ' plants we are left with the Susquehan-e morning, so I want to frame it for the sentence, na unclear powerplant, with a 1-y Members in terms that are more There is no provision here at that month delay. For a 1-month delay in 1
simple than the language in the point which provides for the protec-nuclear powerplant licensing hearings amendment itself.
Lion of the public, that they will have we are going to sweep away the public any opportunity for public participa. participation aspect of the nuclear O 1130 tion. But beyond that point, the ques. regulatory process.
Section 12 of the bill which is before tion of whether or not the license We are going to say that for the us today allows for the granting of op-ought to be granted even up to the 5-public, for the States, idr those that E
erating licenses to nuclear powerplant percent level before the public hear. want to come in and ask the good hard xm C
^
1881 November 5,1981 CONGRESSIONAL RECORD-HOUSE H 8133 fough questions which are and should (At the request of Mr. Hnza and by
!y an be asked before the licensing of a nu-unanimous consent. Mr. MARKEY was Mr. BROYHIII. Mr. Chairman. I i
move to strike the requisite number of the clear powerplant, that we are going to allowed to proceed for 2 additional words, and I rise in opposition to the shn restrict that we are going to truncate. minutes.)
amendment.
Orgy we are going to abbreviate the process.
Mr. HIIER. Mr. Chairman, will the (Mr. BROYHIll asked and was 1ere We are going to allow this nuclear gentleman yield?
given permission to revise and extend ths pouerplant to go on line up to 5-per-Mr. MARKEY. I yield to the gentle-his remarks.)
i
> cf cent power and if the letter of this man from Indiana.
-ing law is followed, theoretically up to 100 Mr. HIIER. Under current law a Mr. BROYHIII. Mr. Chairman. I
-un.
parcent of power, without the public hearing on an operating Ilcense appli. think it is important that the commit.
having had an opportunity of having a cation is not required, is it?
tee members understand what we are trying to do in this particular section, nts full exposure of all of the issues which Mr. MARKEY. A hearing on an op-This bill authorizes the NRC to issue re.
any of these nuclear powerplants ersting Ilcense?
fed raised with regard to public health Mr. IIILER. Is not required, mandat-temporary operating licenses.
ilm.
and safety.
ed by law?
The bill authorizes the NRC to issue uts The CHAIRMAN. The time of the Mr. MARKEY. Is required.
these temporary licenses only where ng gentleman from Massachusetts (Mr.
Mr. HILER. No. Is it not the case the environmental and the safety re-ay MARKEY) has again expired.
that it is a matter of right under the views have been completed. In other ot (At the request of Mr. OTTurcEn and statute and under the regulation if words the staff safety evaluation re-ed by unanimous consent. Mr. MaRKEY any interested party requests one it ports all have to be in.
he was allowed to proceed for 2 additional may be held, but it does not have to be What is the problem that we are minutes.)
held unless there is a request. Is that trying to correct? At the present time, at Mr. OTTINGER. Mr. Chairman, will not the case?
it is projected that some 17 plants are me the gentleman yield?
Mr. MARKEY. Yes. It is required if going to be up fcr licensing by the end r-Mr. MARKEY. I yield to the gentle-intervenors request. The public does of 1983. The estimates are that, at the man from New York.
have the right to request those hear-present rate of completion by NRC of r.
Mr. OTTINGER. Again. I want to ings and force those hearings to have work on these applications for perma.
~m make sure we do not make bad legisla-been completed before the issuance of nent Itcenses, they will only complete I
3 tive history. There is a clear require- " fir.
about 6 or 8 of these, which means we C
ment that the hearings be held even IILER. It has never been a are going to leave anywhere from 9 to though an interim Ilcense is granted matter of law that a hearing has to be 11 plants sitting idle without any per-g subsequent to that license.
held unless one is requested; la that manent license.
The gentleman talked about sweep-go g What the language in this bill says is ing the hearing process away. What Mr. MARKEY. What we are saying if licensing delays do occur, then the we are doing is in a limited circum-in this particular provision in section Commission having completed all of stance allowing interim licenses, but it 12 is that no hearing has to be held the safety and environmental reports is made quite clear in the statute that prior to the startup of the reactor. In and staff work may issue temporary those hearings do have to be held.
the Atomic Energy Act, it is the law operating licenses.
I want to make sure that the gentle-that a hearing should be held if re-I want to go on to explain to the man has that same understanding.
quested, and we are now putting into members of the committee that the Mr. MARKEY. If I may respond. on law. codifying, a provision which will temporary lleense is issued in a two-line 14 through 19 of section 12. on give the NRC the ability to completely step procedure. No. I, they issue a low page 11. It is stated that the operating reject any attempts by the pubic to power or fuel loading license up to 5 licenses for nuclear power reactors as have a full completion of issues which percent of the power. I want to also provided in'section 192 of the Atomic are raised on the request of interested point out that under the terms of the Energy Act of 1954, except that **such parties. Including States, or public law we are proposing on any petition temporary operating licenses may be health and safety issues before the 11 that goes before the NRC to issue a issued in advance of the conduct or cense has been granted.
temporary license, just as soon as that Mr. IllLER. A hearing still must be petition is accepted by the NRC. and completion of any hearing." which means that a license could theoretical-held if requested;is that not correct?
goes into the Federal Register. NRC ly be granted before any heartngs are Mr. MARKEY. No, not under this must hold a hearing 10 days after conducted much less completed.
provision hearings do not have to be notice and publication.
Mr. O'ITINGER. If the gentleman held prior to the reactor startup.
So there will be a hearing immedi.
will yield further, the gentleman is Mr. HILER. Prior to the issuance of stely thereafter on the temporary 11 correct in that, but that should be the a temporary interim license.
cense. In the meantime, the hearing extent of his concern.
Mr. MARKEY. Temporary interim process on the permanent license goes license correct.
I want to make it clear for the legis-forward so that there is going to be lative history that in fact the statute Mr. HILER. But before a final !!. adequate opportunity for people to does require that the hearings be held cense application could be issued. If come forward and to be heard.
and be held promptly, and subsequent-someone requested a hearing it would I want to repeat again that this tem-ly the issue of the temporary license. have to be held: is that not the case? porary licensing authority has been re-Mr. MARKEY. The problem is that quested by NRC. The purpose is to get and that we have emphasized that the when we talk about the granting of these plants that will be completed in Commission has the power to revoke the license we talk about that first 5 the next couple of years, to get them that temporary license if the applicant percent of power as though it was inct. on stream, not sitting there idle cost-does not vigcrously pursue the appil-cation to completion of the hearings. dental as though it posed no real risk ing the consumers billions of dollars.
So we have definitely intended that to the public. At that level you do not At this point. I would like to sum-have to have completed the public merize the several reasons why the those hearings be held, that they be bearing process. That is the problem sponsers of this legislation are urging held promptly, subject to the issuance with this legislation.
a "no" vote on this amendment:
of a temporary license.
Now, the legislative history that is The bipartisan compromise licensing The gentleman is correct that the trying to be established by the gentle. reforms are needed to reduce the tem-temporary license may be issued in ad-man from New York would ind' ente porary licensing backlog at the NRC vance of the hearing and I understand full hearings should be completed and will save electric consumers over that that is his concern.
before a full operating license has $1 billion in replacement power costs The CHAIRMAN. The time of the been granted. That is not clear from gentleman from Massachusetts (Mr. the language of the bill that we have and 63 month 1 of licensing delays at 11 completed powerplants by the end MARKEY) has again expired.
in front of us, however.
of 1983.
e 2
n H 8134 CONGRESSIONAL RECORD-HOUSE Notember 5,1981 g
The licensing reforms are endorsed power plants whkh have been delayed in Mr. BROYHILL Well. I can tell the by Mr. Dmcru. Mr. UDAtl. Mr. the licensing procas. It ts heartenins. too. gentleman that we have had a number iy Brvtu. Mrs. BoUQUARD. Mr. LUJaN. to know that this approach has the endorse. of delays already. I do not have the i
nt of '*
Mr. BRoYulu and supported by over list here before me, but I am sure that b
,,g,an the t
Members can cite the instances.
10 days of hearings and consideration on Interior and Insular Affairs.
In both the Energy and Commerce sincerett.
I know that we had one in North Committee and the Appropriations Jaums B. Epwaans.
Carolina in which a plant was delayed Committee.
for months from being 11oensed and we 4
NRC has requested temporary au.
O 1145 bare had these experiences all over lf thority to issue temporary operating As has been pointed out, there will the country.
licenses in order to reduce the licens-be adequate opportunity and protec.
I feel that this is in the public inter.
ing backlog.
tion for the pub!!c to come in to be est anJ will save consumers billions of The bill authorized NRC to lasue heard. This is a bipartisan compromise dollars.
t.
temporary operating licenses only bill that has been agreed to by the The C11 AIRMAN. The time of the b
where environmental and safety re-members of these two committees. It gentleman from North Carolina has f
views have been completed, such as includes language on State consulta. again expired.
r5 EIS. staff safety evaluation report, tion, on license amendments similar to (At the request of Mr. Morr TT.and and advisory committee on reactor an amendment that was offered by the by unanimous consent. Mr. Baoruin safeguards report.
gentleman from Connecticut in the ass allowed to proceed for 2 additional Under the bill, if licensing delays do committee, which we have put into minutes.)
L not occur. NRC does not have to issue this compromise.
My. MOFITTT. Mr. Chairman, will temporary operating licenses-no right I would hope that the Members and the gentleman yield to me briefly?
to a temporary operating license is cre-would urge that the Members, reject Mr. BROYHill Yes.
1 ated.
this amendment and stick with the Mr. MOFITIT. The subcommittee Under the bill, temporary operating compromise language as reported from which I chair and on which the gentle-licenses are init.lally limited to fuel the two committees.
man from Indiana (Mr. Hitra) is a loading and low-power testing. and Mr. MOFFETT. Mr. Chairman, will member looked very, very carefully at NRC may limit the licenses to such the gentleman yield?
the McGuire Plant in North Carolina conditions, duration, and terms as it Mr. BROYHIIA Yes. I will be glad and concluded, it seems to me, quite deems necessary.
to yield.
clearly that the big problem with the Under the bill, temporary operating Mr. MOFFETT. The gentleman has McGuire Plant in North Carolina was Licenses may not be issued before cited the 17 plants. I would ask how their own safety problems with the public participation on the EIS is com. that squares witti the latest NRC doc. Three Mile Island like characteristics.
pleted, in addition, public hearings are ument submitted to Chairman Brvtu, There is absolutely no solid evidence held on the construction permit
- which indicates no delay for those that the McGuire Plant, for example, which is issued prior to final operating plants to be completed ta 1983 and if that is the one the gentleman is re-IICCE later. We have a list het e that says ferring to. is an example of a plant This compromise bill already in-zero delay for Clinton, Wolf Creek, that was delayed by NRC regulations.
cludes language on State consultation Byron. Perry. Midland. Catawba River Mr. ImOYHIIL This plant was sit.
on license amendments similar to an Bend. Seabrook, and others.
Ling there idle, ready to go, and could amendment offered by Mr. MorrrTT in Mr. BROYHHL I would point out have had a permanent license a month committee, that if there are no licensing delays, if before it was finally issued.
According to the bipartisan Nuclear the permanent licenses can be issued Now, all the safety requirements Safety Oversight Committee, chaired at the time construction is completed, were met and all the changes that the then there is no right to a temporary NRC required as a result of TMI ppo t'e y Pres et art u e Operaung Ucem changes wen adequaWy taken can of ar licensing reform is needed be.
We are not creating a right to a tem. In advance of their request for a per.
C"*
porary operating license. All we are manent license.
We believe the operating license hearing saying is that there is a delay if the Mr. MOFFE'IT. Well. If the gentle-tssufs rot ret plant is sitting there idle and ready to man will yield further, just briefly, to b
dant issues * *
- There is general agreement go.
Chairman Hendrie at the time who that operating license hearings have become The CHAIRMAN. The time of the was Chairman told our subcommittee protracted proceedings in which non, safety gentleman from North Carolina has that on McGuire that the licensing related * *
- issues are extensively cored expired.
board authorized fuel loading critical-ered and in which many lisues are litiga'ed (By unanimous consent, Mr. BRoY. ly and zero power physics testing, that that should have been raised and decided at Htu. was allowed to proceed for 1 addi. is nuclear operation the plant has not the construction permit hearing.
tional minute.)
fully used that authority; as a matter i
At this point I include the following Mr. BROYHHL if there is a licens. of fact. It has been carrying out a letter in the RECORD; ing delay. then the NRC is permitted series of refurbishing operations on Tus 8zcarraar or Enzmov.
to issue a temporary operating Ilcense. some equipment, things they found Washington. D.C. October 23.1981.
If delays do not occur. NRC does not late in the startup process, t
U hwrec.,
have to issue a temporary operating 11 So they have, indeed, not used so j
umph Dc cense.
far as I know. the full authority which DEAa Ma. BRoTHna. I would like to Mr. MOFITIT. Mr.
Chairman, they already have and even at this inform you of my support for the tempo. would the gentleman yield further?
moment in late October, at least, they j
rary operating licenses which would be Mr. BROYHIIL Yes.
are still up to only 30 percent power t
made possible under Section 12 of the N*
Mr. MOFFEIT. I agree with the and they had their operating license clear Regulatory Commission Authorization gentleman, that it is true that this au. last June. that plant has problems of Bill. H.R. 2330. as it has come to the House thority might not be used in most or its own.
3$0 n isIent with every instance, that is correct; but I - Mr. BROYHIIL I might point out ti 12 of I the nuclear licensing thrust of President believe, if I am not mistaken, correct that this is normal, as the gentleman Reagan's October 8 nuclear policy state. me if I am wrong. the gentleman cited knows. You do not start out these ment. In that statement, the President said the possibility of delays here. I am plants operating at 100 percent. They that he was directing the Secretary of saying that the NRC itself in a report have low. level loading.
Energy to "... give immediate priority to to Chairman Bevtu, indicates that Mr. ERTEI. Mr. Chairman. I move recommending improvements in the nuclea' these industry claims of delays on the to strike the requisite number of regulatory and 11eensing process." It is horizon are bogus.
words*
heartening that this bill. coming so soon after the October 8 polley statement, pro.
vides practical measures for dealing with i
1881 '
Notember 5,1981 CONGRESSIONAL RECORD-HOUSE H 8135 1 the Mr. Chairman. I w uld 1112 to direct operating lleenses, conceivably with-(At th? request cf Mr. MorrrTT and 1ber a question to the chairman of the out limits on when the utility may by unanimous consent. Mr. EaTEL was
! the Committee on Interior and Insular Af-take the reactor up to full power.
allowed to proceed for 1 additional that fairs, the gentleman from Arizona At least we are not confronted with minute.)
(Mr. UDAE).
this type of language in the bill befor.
Mr. MOFyrIT. I say this because of orth It is my understanding that the lan-us now. This bill does grant the NRC the gentleman's concern for the kyed guage in this blu granting the NRC the authority to lasue interim operat. people in his district and his State; but
$ VJ the authority to issue temporary oper-ing licenses, but only through fiscal this October 30, 1981, document, to over ating licenses prior to the completion year 1983. At that time the backlog of our colleague, the gentleman from Al-of the public hearing process will licensing applications will be eliminat-abama (Mr. Brvin) very clearly lays iter-not-and I repeat-will not apply to ed and the NRC will return to its out the fact that the.re is just simply 3 cf the NRC's deliberation on whether or standard licensing procedures. Pur-no backlog, unless the gentleman not Three Mile Island unit 1 should be ther, the language in the bill before us wants to count MeOutre's containment the allowed to restart. I believe that it is not a blank check. While the NRC problem and Diablo's safety problem has would be unuise to include TMI-1 could grant temporary cperating !!- and Shoreham's emergency planning mith those reactor license applications censes,it does not have to do so, and if problem and so forth.
knd for which this language is intended.
It decides to grant such a license, it Mr. ERTEL. I will say to the gentle-Ltu Is it the gentleman's understanding will first be limited to no more than 5 man that I am not a proponent of nal and intent that the Nuclear Regula-percent of the reactor's capacity. To ghing the interim license. I just feel in tory Commission not include the go beyond this level of operation, the the perspective of where we are with will Three Mile Island-1 restart under this utility must later come back to the the Senate, this is probably the best new authority?
NRC and make a new request. By we can hope for and, therefore. I Mr. UDALI. Mr. Chairman, if the limiting the power level the utility can would support the committee position.
ge, gentleman will yield, the gentleman is take the reactor to. we at least have' The CHAIRMAN. The time of the correct. As far as I am concerned, that some assurance that any problems gentleman from Pennsylvania has
,ge, is the correct interpretation and I which might arise will be much more again expired.
g would think that would be the way it ' controllable than if a blank check (At the request of Mr. MuutrY, and at would be carried out.
were written to the utility.
by unanimous consent, Mr. EaTEL. was Mr. ERTEI. I thank the chairman We are not deciding whether interim allowed to pro. eed for 1 additional te for his statement.
operating licenses make sense or not. minute.)
he 0
Mr. Chairman, reluctantly I rise in In truth, the other body had denied us th' 8'"tle**".Iield? " Chair g
Mr. MARKI ~~ Mr opposition to the amendment offered that option. I believe that we are e
by the gentleman from Connecticut forced to decide which is the least bad Mr. ERTEI I yield to the gentle-and the gentleman from Massachu-approach. The language in the bill man from Massachusetts.
setts. Reluctantly, because I fear their before us represents the best that we Mr. MARKEY. Mr. Chairman. I am concerns over the propriety and the can rea!!stically hope for. The adop-prudence of allowing nuclear reactors tion of the amendment may well un confused. Why does the gentleman f,t to receive operating licenses before the dermine our ability to stave off a exempt Three Mile Island, unit 17 Why should the people at TMI-1 be -
public hearings, required under the worse provision in conference. Conse-able to have public hearings exhaust.
r E~
Atomic Energy Act are completed.
quently, I reluctantly urge my col-ed and the people who are at Seabrook l
d I believe that the people lhing near leagues to oppose the amendment.
not be able to have their pub!!c hear-h nuclear powerplants have an undent-Mr. MOFFETT. Mr. Chairman, will Ings right enhausted; what is the dif-able right to participate in the dect-the gentleman yield?
ference? Why should a nuclear power.
9 stonmaking process on whether or not Mr. ERTEI. I would be happy to plant start up at Seabrook, but not that reactor should be licensed to op-yield.
erste. Nevertheless, in recent years we Mr. MOFITIT. Is the gentleman start up at Three Mile Island? Why do I
have seen steps taken not to make citi-saying that this is the least bad bill, is we get the exemption for TMI and not for Seabrook?
zen input more meaningful to the that basically what he is saying?
process, but, instead, to exclude them Mr. ERTEI. Yes. Basically that is Mr. ERTEI. If I can reclaim my from the process-if not outright, then what I th!nk we will come out with.
time to respond to the gentleman, it E
through various procedural steps.
Mr. MOFITIT. I think the gentle, seems to me that we have had an inci-P The elimination of the pilot program man will agree with me, we have a re. dent at Three Mile Island. The opera.
I within the Nuclear Regulatory Com-sponsibility to legislate to the best of tor there has already been proven to a mission to provide copies of license our ability. I think that our amend. major degree, that they could not op-hearing transcripts to intervenors in ment would make this bill a lot strong. erate the utility correctly. It seems to these hearings is a clear example of er going into conference.
me that now those people ought to be how citizen input is being diminished.
Second, what is this backlog that the assured absolutely of the plant safety Now, however, we are virtually elimi-gentleman referred to with the NRC if that plant is ever to reopen. Abso-nating their input by allowing the Nu-that they need to clear up? Can the lutely every safety precaution and clear Regulatory Commixxion to grant gentlernan provide any data or evt. every operating provision should be in operating licenses before the hearing dence that it is there?
place.
process is even begun.
Mr. ERTEI. All I can refer the gen.
Now, I understand the gentlenlan's However, the unfortunate reality is t!eman to is what the NRC has been argument with Seabrook is a good one.
that we are not really factng a decision saying to us and what we have been We are making a distinction here, but on whether or not we should permit reading in the press.
I think the distinction is based on his-interim operating licenses prior to the I understand the gentleman has a tory and the history of Three Mile completion of the hearing process. letter. I heard the gentleman discuss it Island is a bad one.
The truth is, we are forced into decid-with a previous speaker that there is Mr. MARKEY.The history of Three ing only what form that interim oper-no backlog. If there is no backlog, Mile Island is a bad one, which is why ating authority will take. If we were to then they do not need this provision, we ought to have a public hearing adopt the amendment offered by the Mr. MOFFLTT. Well, if the gentle-process for these discussions to be gentleman from Connecticut and the man will yield further, the gentleman raised.
gentleman from Massachusetts, we has been absolutely terrific in terms of Why exempt the public from this would be running the serious risk that analyzing the nuclear issue more than process. If the gentleman himself the bill which comes out of a confer-any of us have, perhaps.
stated that the nuclear regulators, the ence with the Senate will contain a The CHAIRMAN. The time of the operators, the contractors are suspect.
permanent provision allowing the Nu-gentleman from Pennsylvania has ex-and this is a nuclear powerplant at clear Regulatory Commission to grant pired.
~
Seabrook and other places around the
L!
1 H 8136 CONGRESSIONAL RECORD - HOUSE Notember 5,1S81 i;
country which have been under con. the only way 'to get us empletely throush you art h'.ving an opportunity to Ca-struction before th3 Three Mile inci. th9 ped pn%d uth minien damare to amine chat is happening with the re-tM consumer actor. Although I am not mild about dent ever occurred.
The CHAIRMAN. The time of the So I think the testimony is there that kind of interim test period, still it gentleman from Pennsylvania has supporting the need for this interim 11-tends to lead to some safety aspecta.
a{
again expired.
censing.
and to check out the safety aspects (By unanimous consent. Mr. Earst Mr. MOFITIT. Mr. Chairman, will without going to full power. That is was allowed to proceed for 1 additional the gentleman yield briefly?
another argument that could be w
minute.)
Mr. ERTEI. I would be happy to thrown into the equation.
P Mr. ERTEI. I would not in my own yield.
Mr. MOORHEAD. Mr. Chairman. I (k
judgment set up a temporary operat-Mr. MOFITIT. The sentleman move to strike the requisite number of ing provision up to 5 percent power; from New Hampshire. I hope, would words, and I rise in opposition to the however, I think that we are faced agree that that is not the NRC's post-amendment.
with the fact that the Senate has done Lion today. Mr. Hendrie is gone and Mr. Chainnan. I rise in opposition to something different. I think this is the that is not the NRC position today.
the Moffett-Markey amendment to 6
best we can hope for. That is why it is Mr. OREGO. Well I would suspect delete the bipartisan compromise 11-k a compromise. I am not wild about the that the NRC uas adequately repre* censing reforms in the NRC bill. Ac-compromise. I would support the gen-sented at that hearing and that that Mrding to the bipartisan Nuclear p
tieman's position normally and I agree was a well presented position. I bellese Safety Oversight Committee, chaired i'
with the gentleman's logic.
that that probably is a consistent posi. by Gov. Bruce Babbit of Arizona, and L
Mr. MARKEY. I think if the gentle-tion.
appointed by President Carter. nucle-E man has the courage of his convic-Mr. MOFFETT. Mr. Chairman, if ar licensing reform is needed because L
tions, he ought to put TMI in with the gentleman would yield further-we believe the operating license hear-t those, with all the rest of the reactors the fact is the October 30 document ing has proliferated into a process and let them take their chances with says that is not their position.
dominated by issues not related to everyone else, because that is what the Mr. OREGO. Well, the individual safety, and by redundant issuca. There gentleman is saying to the rest of us. writing the document was not the is general agreement that operating 11-that we do not have that right. If the Chairman of the Commission; is that cense hearings have become protract-gentleman wants to put us in that po-correct?
ed proceedings in which non-safety-re-sition, the gentleman ought to be will-Mr. MOFITIT. No. it is the Chair-lated issues are extensively considered.
ing to assume the same risk and have man, the new Chairman of the Com-and in which many issues are litigated the courage of his convictions and say mission, and the other Commisaloner that should have been raised and de-that there is something wrong with is saying that there is no delay. There eided at the construction permit level.
nuclear. powerplants. I am making is nothing but zero in the delay The regulatory reforms in this bill that statement about TMI and I make column. They were legislating over a provide NRC with a temporary su-the same statement about the others. bogus issue.
thority to reduce its backlog of licens-Mr. ERTEI. Well, if I may recialm Mr. GREGO. Mr. Chairman, will the ing cases over the next 2 years. This my time, if I have the courage of my gentleman yield further?
backlog. If not addressed, could delay convictions. I would say to the gentle-Mr. ERTEI. I yield to the gentle-as many as 11 planta scheduled to be man that TMI-1 should not be rell-man from New Hampshire.
c mpleted in 1982 and 1983.
censed until it goes through every pos-Mr. OREGO. I do not believe they sible step. I am saying that.
are saying they are opposed to interim However, this bill explicitly main-Second. I am saying to the gentle-licensing, which is the issue, is it not? I tains all existing safety and emtron-man that here we are talking about a think they are saying they still sup-mental requirementa. and NRC's tem-compromise because it is shat is real-port interim licensing at 5 percent porary authority would expire at the end of fiscal year 1983. In addition. If istic. I am not wild about the compro-power.
mise, but that is the way it looks to me Mr. MOFITIT. Mr. Chairman, will NRC decides a temporary license is when I look at what the Senate has the gentleman yield further?
tmnecessary, it is not required to issue the license. Under section 12 of the done. Therefore. I support the com-Mr. ERTEI. I yield to the gentle.
mittee bill.
man from Connecticut (Mr. MorrrrT). bill the NRC is authorized but not re-culred to issue temporary operating 11 Mr. MARKEY. I think the gentle-Mr. MOFITIT What they are man makes the best case for this saying is that they are not standing up censes to delayed plants only where amendment that he could possibly to the pressure from industry and environmental and safety reviews have make.
better than we are.
been completed, such as the staff The CHAIRMAN. The time of the The fact is we are trying to deal with safety evaluati n report, the environ-y gentleman from Pennsylvania has facts here. The facts are that there mental impact statement, the advisory conunittee on reactor safeguards a
again expired.
are no delays projected here, except (At the request of Mr. Garoc and bY the delay over safety at these plants. report.
unanimous consent. Mr. ERTEL was al* That is what they are saying. They The temporary licensing must ini-lowed to proceed for 2 additional min-are backing up the contention of the Llally limit operation to fuel loading at utes.)
' gentleman from Massachusetts and 5-percent power levels. It may, howev-Mr. OREGO. Mr. Chairman, will the myself on this amendment.
er, authorize step by step progressions gentleman yield?
to a higher power level in the same Mr. ERTEI. I would be happy to D 1200 manner that it can issue final permits yield.
Mr. OREGO. I would suggest that to operate a nuclear plant. The Nucle-
}
Mr. GREGO. I would just like to the issue here is interlicensing, and at Regulatory Commission itself has
)
c.dvise the gentleman that at the testi-that their position at the Commission, requested temporary operatlng licens-f mony which was taken at the hearings if we want to talkebout facts, is basl. ing authority, and the question came I
which have been talked about earlier cally inter 11 censing, up a few months ago about the posi-before the subcommittee on govern-The CHAIRMAN. The time of the Lion of the Nuclear Regulatory Com-i ment operations. Mr. Hendrie sald" gentleman from Pennsyhania has mission. NRC Chairman Paladino on
!! we find down the line that one or a.n-again expired.
October 5 of this year stated that in-
)
other or several of the planta that we now (By unanimous consent. Mr. Earrt terim licensing authority is one worth-(
don't show any estimated delay for go oser was allowed to proceed for 1 additional shile step that should be taken as into a delay column.
minute )
soon as possible. There is a section ins aut$ortYy hic Mr. ERTEI. I rnight point out that providing interim licensing authority thin an te mI would extend through essentially the end of going to 5 percent power in some way in both the llouse and Senate versions 1983 would be very useful and is probably is a safety type of operation. At least of the 1982 NRC authorization.
\\
Nowmber 5,19S1 CONGRESSIONAL RECORD-HOUSE H 8137 h$
The underlying concept of both bills Mr. MARKEY. I ctll giv3 th? gentle-Wh.1 h2 says h that there is no dehy is sound. Since th? regulit ry commis, man the list. Th2 list is tha list pre-in the construction cf tha nucle r bout sion has requested this authority, and sented by Chairman Paladino to powerplants that can be attributed to
- illit because a hearing must be conducted Chairman Brmi of the ' Appropri-the public hearing process. What the
- ects, upon request and be called at least 10 ations Committee. The South Plant, gentleman is saying is that the public m
days after the initial granting of the no months delay. Grand Delt, no hearing process will be completed bt is be temporary permit, undoubtedly the months delay; Sumner, no months before these plants go on line. That is hearing would be held long before the delay.They have gone back and reeva-clearly not the case at all. In fact, plants have commenced generation of luated all these nuclear powerplants these hearings will not and do not gg p wer, which takes about 90 days, and and found that the greatest likelihood have to be completed.
,r of all the protections that are needed for the total number of delays for the The CHAIRMAN..The time of the the would be available to the public.
100 nuclear powerplants, for the 30 gentleman from California has again Mr. LUJAN. Mr. Chairman. will the that are supposed to come on line in expired.
O gentleman yield? -
the next 2 years,is 0 to 5 months-0 to (At the request of Mr. Morrrrr and Mr. MOORHEAD. I yield to the gen-5 months.
by unanimous consent, Mr. MOoaHEAD g-tieman from New Mexico.
We are going to sweep away the was allowed to proceed for 2 additional Ac.
Mr. LUJAN. Mr. Chairman. I just right of the public to have a full, com-minutesa lear want to associate myself with the gen. plete public participation in a hearing the en eman Meld? ' Chairm w1H Mr. MCF'FEI'. Mr MI tieman from California. One thing is process because of a contention that-knd not being said here, and that is that and the evidence may not even be sub.
Mr. MOORHEAD. I yleid.
de-an applicant can file a petition only stantiated-that some nuclear power-Mr. MOFFETI'. Mr. Chairman, the use after the report of the advisory com. planta may be delayed, including all gentleman has mentioned San Onofre.
mr-mittee on reactor safeguards af ter the the powerplants in the country, for a I think, although it may be unplers-ess staff's final safety evaluation. and grand total of 1 to 5 months.
ant, what the gentleman from Massa-lto after the staff's final evaluation has I want to know which power plants chusetts and I are trying to do is to see Pre been filed.
beyond that the gentleman is talking if we cannot get down to specifics l 11-Before an applicant can file for an about because the basis, the founda-here. San Onofre, the gentleman is et-application, all of those three things tion for this change in the Atomic correct if he is saying that San Onofre 6
must be accomplished. Then, the Com. Energy Act is that substantial delays has had a record of timetable alippage.
rd, mission can issue the temporary 11 have resulted from allowing the public It was granted a constructicn permit ed cense only if it determines that, first into the hearing process. You have a by the NRC for Unit 2 in October le-of all. all requirements of law other responsibility of bringing to us the 1973. Southem California Edison and el-than the conduct or completion of the names of those plants, the number of its partners predicted a fuel load LIH required hearings are met; and that months delay, and the amount of the under date of February 1979. That Il-the issuance of such a temporary oper. cost to the public that till be incurred date was first revised barely a year is-ating license provides reasonable as. because of those delays. If that kind of later by 6 months to permit the utility ils surance that there is adequaw potec. evidence is not forthcoming, then I am to obtain a permit by the California by Lion of the public health and ud *y seally hard pressed to understand why Coastal Commission. A month later k
and environment.
we are going to gut this public partici. another 4 month slip was announced l
So, all we are saying here, you have Ation process for the sake of stream-with no reason provided to NRC. In E
got to comply with the law. The only 11nung.
1975. labor difficulties were announced d.
thing that can be waived, and just for The CHAIRMAN. The time of the as the reason for the additional slip.
n.
the purpose of expediting a licensing gentleman from California has again page of 2 months. There were two h
and just for a very temporary time, expired.
more reyttons in 1980, one in 1981, to-if the only thing that can be waived is (By unanimous consent, Mr. Moon.
taling a 28 month slippage for Unit 2.
ls the hearing process. So. all of this HEAD was allowed to proceed for 2 ad-Now San Onofre has seismic prob-a entire law is complied with. First of df tional minutes.)
b all. all those reports must be filed; Mr. MOORHEAD. There is no ques. lems and it has emergency planning s.
second, the Commission must find tion that San Onofre has had some problems that are not yet resolved.
[-
that it is safe to operate such a plant. delays. and there are other delays that and in the document the gentleman J
OtherMse they cannot, have been documented by the Com. from Masachusetts was referring to. I 1
The CHAIRMAN. The time of the mission. Actually every U.S. power, would say to my friend from Califor-e f
gentleman from California has ex. plant has been delayed when you con. nia, the October 30 document from e
sider it takes tuice as long to license a the NRC, they say 3 months delay cur-H pired.
(At the request of Mr. MARKEY and plant in the United States as com. rently for San Onofre. and then they by unanimous consent. Mr. MooRHEAD pared to.IaDan or Western Europe. It say the expected completion date was y
l was allowed to proceed for 2 additional is the NRC itself that has asked for October 1981.
L minutes.)
this legislation. If the NRC did not see
.It has not been completed, so there-L Mr. MARKEY. Mr. Chairman, will a problem, why would they push for fore even the 3 months has been the gentleman yield?
this reform? There are no public par. shortened. So, what we are talking Mr. MOORHEAD. I yield.
ticipation rights that are being taken about here is delay from the time of Mr. MARKEY. The gentleman from away in this process. It may be expected completion until the time.
California mentioned the delays in the changed at the outset but ultimately the license is obtained. It is not even licensing process. Does he have any full public hearings are required. In no going to amount to 3 months. It is a list of powerplants stich are present. case are health and safety consider. neg!!ble amount. What are we talking ly projected to have been delayed by ations not fully considered. Under the about here? We are talking about a the hearings process, by public partici. bill temporary operating licenses may remedy without a reason, it seems to j
pation? Does he have a list?
not be lasued before public participa. me. What are we legislating about?
Mr. MOORHEAD. I do not have a tion on the EIS is completed. In addi.
Mr. ROUSSELOT. Mr. Chairman, ilst with me here in front of the Con. Lion, public hearings are held on the will the gentleman yield?
gress, but I have seen lists, as the gen. construction permit which is issued Mr. MOORHEAD. I will be happy to tieman has. I am certain.
prior to the final operating license.
yield to my colleague.
Mr. MARKEY. The gentleman has Mr. MARKEY. If the gentleman will Mr. ROUSSELOT. Mr. Chairman, copies? He says he has seen lists, but yield further, I feel like Della Street the gentleman knows as well as I do, does he have a list in front of him?
walking in with evidence to Perry the main problem has been govern-Mr. MOORIIEAD. I do not have a Mason during the last minute in the ment screwing up everything. and the list in front of me right here at this trial. What I have in my hand is a reason there is so much stalling is be-podium.
letter from the Chairman of the NRC. cause of all the lovely groups that you s-
E
~
H.8138 CONGRESSIONAL RECORD-HOUSE November 5,1981
{,
support that run around with signs all those terrible opponents of the 5 percent buildup, because maybe they and stop everything. They do not want Diablo Canyon plant.
will find things that are wrong. If they any nuclear plants. and they have put Now what happens? We find out do, they should be corrected, but we this thing in a stall in San Onofre like now that the seismic supports were should go forward with something you have never seen. They could not put in backward. We find out that positive, have built this Congress the way they there were erroneous calculations on The CHAIRMAN. The time of the do it, the key equipment which cast doubt gentleman from Connecticut (Mr.
Mr. MOFFE'IT. Mr. Chairman, I on their earthquake resistance proper-Morrrrr) has expired.
It move to strike the requisite number of ties. We found out that this plant is (By unanimous consent, Mr. Mor-
'd words, and I rise to speak in favor of not ready to go and has not been raTr was allowed fo proceed for 2 nddi-u the amendment.
ready to go.
tional minutes.)
(Mr. MOFFEIT asked and was given I there is any Member here who can Mr. MOFFTIT. Mr. Chairman, I ap-permission to revise and extend his re-tell us that any of these things are preciate what the gentleman from P
marks.)
made up by the intervenors or by any. California (Mr. Mooanr.AD) is saying.
Mr. OITINGER. Will the gentle. body against Diablo, if any of these but again the gentleman is just as in-man yield briefly? I would like to reply things have been made up, we would terested in dealing on the basis of the to the gentleman from California (Mr. love to know about it.
facts as I am.
Roussnor).
But the fact of the matter is that Mr. MOFFEIT. I yield very briefly. these plants have problems of their What are the facts? The NRC might Mr. O'ITINGER. Mr. Chairman, I own. At the Shoreham Plant on Long be for interim licensing but they have just wonder if the gentleman is aware Island, the equipment and evacuation made no factual demonstrations that I
that General Public Utilities is suing problems are not yet resolved. At the tell us that the rMe of intervenors is t
the Nuclear Regulatory Commission McGuire Plant that my good friend. the main reason for the delays'Wheth-i t
for granting a license too speedily and the gentleman from North Carolina
- Ist us look at the problems.
therefore contributing to the accident mentioned, there are tremendous er it is the seismic issue, the hydrogen at Three Mile Island. We certainly do problems in terms of the containment burn problem at McGuire, the con-not want t) do away with-abilit y, and at Three Mile Island, struction problems, equipment inade.
Mr. MOFFEIT. If I could reclaim there are like problems.
Quacy. or emergency planning, this is
[
my time, those are facts, and it is also Mr. Chairman I feel that this is an industry in trouble.
y a fact, I would say to the gentleman most disappointing. I love this House When are we going to face it? It is t
not going to be addressed by o from California, that they build them as much as anybody, but I think that caring in every time they cry " wolf.,ur faster in Leningrad, they build them we are doing ourselves a disservice t
- J.*
faster in Moscow, they build them when we legislate; No.1, because some I say to the gentleman from Califor.
r E
faster in Prague. That is the fact, so jurisdictional problems have arisen; or, nia that I do not think this is going to
{
. D the gentleman can attack democracy No. 2. because this is the least bad bill; amount to the end of the world, either
'i all he wants, but the fact is the record or, No. 3, because the industry tells us figuratively or literally, but I am
- 4. v~
shows, I say to my friends-the record they cannot get anything built. I do trying to get us to just focus for a
..l V shows that this whole issue is being not think we want to do that. We are moment on the integrity of the legisla.
?
overblown.
better than that. We want to do this tive process, and yet, in terms of what T
i We are talking about operating 11 on the basis of a scholarly, delibera. is on the table, we are legislating in
+
3.,
censes here, operating licenses, not tive analysis, and if we make that kind direct contradiction to the facts. This t
'@V,/
construction delays, but operating 11 of an analysis. I say to the gentleman is an Industry that is well represented censes. The delay from the time-I from California that he and I can sit in all our districts, an industry which I
'I A T' think the gentleman knows this-that down and I think we can come to the feel means well and feels like it is to-the plant is expected to be completed, same conclusion on the facts. I think tally wrapped up in redtape, but there and what ts the additional delay from we want to do that, are problems that are far greater than that point until the license is granted, Mr. MOORHEAD. Mr. Chairman, whatever the redtape might be.
l we are saying it is a negligible amount. Will the gentleman yield?
Mr. MARKEY. Mr. Chairman, will If you want to use these groups as Mr. MOFFEIT. I yield to the gen. the gentleman yield?
I scapegoats for it, to right ahead, you t!eman from California.
Mr. MOFFEIT I yield to the gen.
[
have lots of company, there is no ques.
Mr. MOORHEAD. Mr. Chairman I tleman from Massachusetts, y
tion about it. But, if you sit in the think that when we complete this ar.
Mr. MARKEY. Mr. Chairman. I will hearing room and listen to the testi. gument, one major issue will come to just say this, and I am sure the gentle.
h.
mony of even the most fervent nuclear us, and that is, on the problems that man from Connecticut (Mr. Morrm) p power activist, it does not turn out to the nuclear plants have had, nine. agrees with me: We would be more 5
be the case.
tenths of their problems have been po. than willing to withdraw this arnend-Whoever would like to do some read. 11tical.
ment right now if anyone can stand up i
ing into the facts might want to read There are a lot of people in this and give us evidence of any substantial the report of the subcommittee that I country who are opposed to nuclear delay in any of the nuclear power.
I am prhileged to chair. Some of the energy, and since these hearings have plants in this country due to the 11 4
members are here, and we have had taken place and we have had all of the censing process that involves the disagreements on this issue, but the rights of the public fulfilled to come public. If anyone can present that evt.
fact of the matter is, the conclusions forward, there have been all kinds of dence to me, we will withdraw the are pretty obvious.
statements made against the plants, amendment, because what we are stat.
O 1215 complaining about safety when all of ing right now is, as the gentleman the safety provisions have been built from Connecticut said, that the facts The conclusions say basically what in.
given to us by the industry were erro, the gentleman from Massachusetts And the hearings were there. There neous and were exaggerations, and (Mr. MARKEY) and I have been trying have been findings that there are no they have turned out to be completely to say here today, that we found sig. problems present there today, and we noniactual. The facts that were pre.
nificant safety questions remain out. find members of the Nuclear Regula. sented by the Nuclear Regulatory standing at a number of supposedly tory Commission telling this Congress Commission's chairman on October 30 delayed plants. As detailed in our that we would be well served by gives evidence of that to us. I stand i
report, there are significant construe. having this method of hatng a 5-per. here waiting to hear testimony on 8
tion deficiencies at the Zimmer plant cent operation available to them with that.
that are just now being verified by the a temporary !! cense, and it may well The CHAIRMAN. The time of the NRC and at the Diablo plant that is be that many of the problems we want gentleman from Connecticut (Mr.
being held up. And then we talk about to see solved would be solved by that Morrm) has expired.
b 6
931
' Notember 5,1981 CONGRESSION AL RECORD - HOUSE H 8139 hey bey (On request of Mr. UDAn, and by there were specifics. The Cominission crank out licensen. Th2 people here we unanimous consent, Mr. MorrrTT was came to us and said this:
are human, they respond to such pres-ing allowed to proceed for 2 additional In the aftermath of the Three MIIe Island sures. The fact is that as a result pri-awident in March of 1979, the Commission orttles shift, in some indefinable way, minutes.)
dwerted a aisnificant portion of its re-there is less attention given to certain th)
Mr. UDALL. Mr Chairman, will the sources to identifyins the lessons to be safety matters.
dr' entleman yield?
Mr. MOFITIT. I yield to the gen-ha
""y" The CHAIRMAN. The time of the fmnt a
t "
t ed gentleman from Connecticut has again or.
tieman from Arizona-entsting and new faciliues to assure their
^
expired.
.di-Mr. UDALI. Mr. Chairman, the gen-safe operauon. * *
- t!eman from Connecticut (Mr. Mor-The result has been a significant enhance-(On request of Mr. Manxrr, and by FrTr) has done a great job in the sub, ment of reactor safety. albett at the cost of unanimous consent. Mr. MorrrTT was some delars in the processins of operauns allowed to proceed for 1 additional tp.
>m committee, and as we get these re.
tieme appucaties.
minute.)
ig' quests for licensing plants, the facts The CHAIRMAN. The time of the Mr. MARKEY, Mr. Chairman, to Ln-have been pulled together in this be report and they are very helpfut gentleman from Connecticut (M r.
continue, in some indefinable way I am no fan of nuclear power, as the MorrrTT) has again expired.
there is less attention given to certain (On request of Mr. Omsco, and by safety matters that perhaps ought to ht gentleman knows. I have teeth marks unanimous consent, Mr. MorrrTT was be given more attention.
in my posterior trying to get citizen allowed to proceed for 3 additional I think it is a terrible mistake for ve at participation. intervenor funding, and rninutes.)
the nuclear industry to put too much is all the rest.
Mr. GREGO. Mr. Chairman, if the pressure on this agency to grant 11-
! disagree with the gentleman's gentleman will yield further, there censes quickly. That is the feeling cre-premise. The gentleman's premise is have been some delays in licensing sted in this agency, that there is a 1
that unless somebody can stand up pt;ocessing. and in June we had a list pressure to grant licenses..
2i.
here today and say that plant X, plant of facilities which they perceived to be It is also important for us to remem-Y, or plant Z, at the following ZIP delayed. Today they do not conceive ber that the accidents that have oc-
=.
[s code and address, have had z delays in that possibly they are going to have curred, the real serious accidents that so many months due to this sort of delays, but maybe when we hold hear-have occurred have occurred in the thing, we do not need an amendment. ings in March, they will have delays
- very early months of operation of the r'
There is a lot of psychology in the All this does is give us standby proce-nuclear powerplant. That was true at country sustaining itself in getting dures to proceed Three Mile Island. At Browns Ferry along. and there is a feeling. as the Mr. MOFFE'IT. Yes, that is all we and at Fermi they were in the very gentleman from California. Mr. Jon are doing. That is what we keep early months of the operation. We RoussrLor, expressed earlier-and I saying, and all we are doing is setting should not allow the licensing of these r
do not agree much sith the gentle-a dangerous precedent with regard to plants until all safety questions have man-that we will be strangled in red-licensing. And all we are doing, by the been resolved because the greatest L
tape, and that we take 13 years while way, is putting more, of a focus on damage to people has been in the car-the Soviets and the Japanese are speeding up licensing when the rou-liest months of the operation, doing it in 5 years. So shy do we screw tine inspections are not even being The CIIAIRMAN. The time of the up this whole licensing process?
do. e want to go back to our con, Morrm) has again expired.
What we are saying is that we bow gentleman from Connecticut (Mr.
to these people and say, all right, if stituents and say that 60, percent of (By unanimous consent. Mr. Mor-there is need for some kind of interim the routine inspections are not even retr was allowed to proceed for I addi-operating procedures, all right--and being done in nuclear powerplants in tional minute.)
snparently we do not need it now, our backyards? Yet we are going to Mr. MOFFFIT. Mr. Chairman, I re-from what the gentleman was saying. rush up and license even more plants. member as a 25-or 26 year-old,11 But to have this as a need for some That makes absolutely no sense. It years ago, watching this body from a standdown machinery, we have to makes no sense at all.
meet these suggestions that we are Mr. MARKEY. Mr. Chairman, will distance on something called the Viet-nam war. I know that we do not want trying to delay and the industry is the gentleman yield?
going to be strangled without giving a Mr. MOFFETT. I yield to the gen. to debate the Vietnam war all over chance to the industry, and that the tieman from Maunchusetts, again. But one of the impressions I nuclear industry stockholders and cus' Mr. MARKEY. Mr. Chairman. I had as a layman, as a citizen, was that tomers are going to be hurt.
would like to say, yes, there is a feel. the American public was making a de-That is what we are trying to do, ing; there is a feeling that there is too cision on something, and that this and that is why I am against this much redtape. There is no evidence at body for one reason or another, just amendment which deletes this temp
- all that that redtape is attributable to could not bring itself to face reality. I rary system. It is surrounded by safe-anything that has been raised by felt that this was going to be the last guards, and they have to go through a public interest groups in a way that is group of people to come into touch two-part process and all the rest.
harassing or dilatory or meant to with reality, that the war was wrong.
Mr. MOFFE'IT. Mr. Chairman, I un-delay.
Now I have had the feeling that we derstand that. The gentleman has The only evidence presented is that are doing exactly the same thing on done a good job of trying to put a com-the delay is attributed to poor con-nuclear power. From the State of promise together here. But the com-struction design, to blueprints which Washington the returns are in. From mittee chairman just said it. We are have been erroneously used in the con-Austin. Tex. the returns are in just in legislating based upon a feeling, a feel-struction of powerplants, and to safety the last week. I have not analyzed ing that la expressed to us around the questions directly relate to the health them, but I think I have an idea of country. It is not legislating on the and safety of people who live in the vi-what the election results are saying. I facts.
cinty.
think that what they are saying is:
Mr. GREOG. Mr. Chairman, will the But there is a limit to it as well, and "Will you folks stop trying to prop up gentleman yield?
this is what the Kemeny Commission and bail out an industry that is in Mr. MOFFE'IT. I am happy to yield and the Rogovin Commission spoke to, deep trouble? If that industry can to my dear friend, the gentleman from and it is a question addressed by Com. make its own wsy, that is fine, but New Hampshire, missioner Ollinsky of the Nuclear Reg-what are you trying to do here? Ilow Mr. OREGO. Mr. Chainnan. I thank ulatory Commission. This is what he easy are you trying to make it, and the gentleman for yielding.
says.
how many of the real substantive I would just like to respond to this He says that it is a mistake to put problems that they have with regard issue of what are the specifics. In June too much pressure on this agency to to safety, the lack of capital, and their i
I e
in ah
. b
?:
H 8140 CONGRESSIONAL RECORD-HOUSE November 5,1981 G
very understandable shortage of ex. safety systems. Although the primary The hearing process provides the
[
pertise, are you going to try to sweep jurisdiction for nuclear regulatory re-only real opportunity for intervenors under the rug with nifty little proce-search lies in the Interior Committee, and concerned ci!!zens to get involved.
(
dural arrangements like this?"
the Science and Technology Commit. The record has shown conclusively Mr. WINN. Mr. Chairman. I move to tee has secondary jurisdiction over the that the role of intervenors has' been y
strike the requisite number of words, NRC research program because of its important in raising, analyzing, and b
and I rise in opposition to the amend-generic jurisdictional grant over "all resohing vital safety questions.
E
- ment, energy research. development and Purthermore, each nuclear reactor is (Mr. WINN asked and was given per-demonstration * * * ".
site specific. That is, its environment h
mission to revise and extend his re-. The committee believes that the is determined by the population and marks.)
NRC research program abould be ecology particular to its surroundings.
Mr. WINN. Mr. Chairman, I rise in properly coordinated with other, simi-Therefore, er.ch new site potentially (pposition to the amendment by the lar Government research efforts, and raises new questions which can be val.
4 gentlemen from Massachusetts and that this is best accomplished in the uable in evaluating existing reactors Connecticut to strike the new authori-Science and Technology Committee, and those in the planning stage. No I*
ty for interim operating licenses at For example, we are particularly inter-two sites are identical. Only through new reactors, and I urge my colleagues ested in the research and development public hearings can questions particu.
b1 to support the full compromise substi-program that the Nuclear Regulatory lar to a reactor be answered.
tute (H.R. 4255).
Commission has instituted on im-More and more, the role of manage-I congratulate my colleagues for in-proved reactor safety. This program serting provisions to allow some relief parallels the activities conducted bF ment is questioned with regard to nu.
[.
clear safety. This amendment, in a from the licensing delays that have the Department of Energy which are sense, provides a management audit. It been occurring under the NRC. I be-authorized by the Science Committee. provides a one-on.one questioning lieve that the evidence is undeniable The compromise bill provides for period concerning the management's
%s) that several nuclear powerplants will $227.3 million for fiscal year 1982 and soon complete construction and could 8247.2 million in fiscal year 1983 for experience, intentions, and responsive capability for operating nuclear facili-I be operating, except for the fact that nuclear regulatory research. The Jan-ties. This is the type of dialog that
.E the NRC is not scheduled to issue an uary 1981 request from the NRC to cperating license. Because of this pro-the Congress provided for $231.9 mil-provides confidence to the public at f
targe, and assures State and local offi.
[
jected NRC delay, more expensive re-lion in fiscal year 1982 for nuclear reg-cials of the capabinties of nuclear
~.
placement power will have to be pur-ulatory research. Therefore, this bill plant operators.
t chased in Ueu of the less expensive nu-provides 84.6 million less than the re.
clear power. The utility industry cal-quest.
In conclusion. Mr. Chairman, I sup-I-
l culates $1.2 billion in incremental re-One oversight I would like to point port the amendment. I urge my col-E placement power will be required if a out,- that does appear in the compro-leagues to also support the amend.
NJ ment I
total of 10 plants over the next 2 years mise, is in the reprograming provisions receive operating licenses substantially of the bill. Under these provisions, re-Mrs. BOUQUARD Mr. Chairman. I i
to strike the requisite number of citer they complete construction, as is programing of funds in excess of 40.5 hUy ~
now projected. I urge my colleagues to million could be accomplished by noti-r support the compromise substitute in fication to the Interior Committee and (Mrs. BOUQUARD asked and was crder to give relief to the electric rate-Energy Committee of the House and given permission to revise and extend payers who have already been hit very the Environment and Public Works her remarks.)
f hard in the past few years.
Committee of the Senate, and waiting Mrs. BOUQUARD Mr. Chairman, I
(
These reforms would go a long way a period of 30 days. The Science and rise in opposition to the amendment. I g
toward cutting out some of this unnec-Technology Committee should be in-want to commend my colleagues, l
essary delay. The NRC would be au-cluded in this notification and repro-Messrs. Dructu., Baornzu.,
UDAI.I.,
5 thorized, but not required, to issue graming process.
LUJAN, Orrrxcra, and MooRHtAD, for temporary operating licenses to de-In closing let me reiterate my sup-exercising the leadership in reaching layed plants, only where environmen-port for this compromise. I believe agreement to bring this important leg-tal and safety reviews have been com-that it is time to look more realistical. 1slation to the floor. I also commend e
pleted, such as the staff safety evalua-ly at the licensing process and this leg. M r. Brvn.I. for his subcommittee's tion report, environmental impact islation does just that.
thorough investigations of the regula-r, statement, and an Advisory Commit-Mr. OEJDENSON. Mr. Chairman, I tory abuse of the Nuclear Regulatory I
tee on Reactor Safeguards report. The move to strike the requisite number of Commission. The package of reforms a
temporary operating license would be words.
In this legislation is good but it is only g
issued in advance of the final operat-(Mr. OEJDENSON asked and was temporary medication aimed at the t,
ing license hearing, but not prior to given permission to revise and extend symptoms of the underlying disease.
g completion of public participation on his remarks.)
Nuclear licensing reform is long g
the environmental impact statement.
Mr. OEJDENSON. Mr. Chairman, I overdue. The existing nuclear regula.
The temporary operating license must rise in support of the amendment on tory process needlessly costs utility initially limit operation to fuel loading several grounds.
customers and taxpayers billions of l
tr 5 percent power levels.
I am philosophically opposed to any dollars in increased utility bills, lower Therefore, I believe that these 11 legislative activities that exacerbate productivity, and inflation. With the i
censing reforms provide the first step the public's mistrust of the Federal present backlog of licensing applica.
L toward regulatory relief for utilities, role in nuclear oversight. Too often I Lions, the system now threatens to un-I and avoid unnecessary and substantial believe, the public has been misled on necessarily add billions of dollars in f
payments for replacement power, nuclear health and safety issues be. clearly identifiable costs to the licens-thereby relieving the Nation's over-cause of inaccurate information. Ing process.
4 burdened electric ratepayers.
biased myths, and industry's penchant The most obvious problem, which is I join my colleagues in supporting for secrecy. The specter of Three Mile adequately addressed by this c111, is A
this bill in the first year that the Sci. Island, and the recent revelations of that the NRC simply cannot license M
i ence and Technology Committee has possible design flaws at Diablo Canyon the nearly finished powerplants in a
received substantial jurisdiction over indicate that this is not the time to time so they can begin operation when the NRC authorization bill.
discourage public participation. Only they are ready to go on line, e
The sequential referral to the Sci-by providing upfront hearing proce.
As was stated, this involves 11 (nee Committee was for the purpose dures can we gain the recessary level powerplants which will att idle a col.
Cf considering authorizations for the of publJe acceptance and confidence in lective total of about 63 months. Since development of nuclear powerplant the nuclear industry.
each day of delay can commonly cost a h
f
W l Npvember 8,1981 CONGRESSIONAL RECORD-HOUSE H 8141 the utility a million dollars, the total twee as opposed to cht.nses in the destan of Let me make a couple of points if I iors impact on our society is an extra cost the plant. In other words. they tended to be might. I am no f an of nuclear power. I conditions for additional monitortns. sorts believe it is legal. We have about 12
'ed.
to consumers of about $2 billion. Mr.
w ht i
l' BRoYH11.1. also mentions the possibility (th percent of our electricity today being m
sp provided by nuclear powerplanta.
of 57 other plants being delayed be-at some time of operauon.
at ci of these 60 r0 werp ta ing prio to t u ce o te that are now in that construction r is on o e
m license seems, therefore, to be totally
- nt changes recommended here. They are*
process. But I personally am opposed devoid of commonsense, proper man.
nd however symptomatic of an urderly asement, and basic economics, to going much beyond this.
gs.
ing problem of far greater proportions, Part of the solution to reducing I think we got into nuclear in all Ily which as I stated, needlessly raises these clandestine costs of Government good faith, but I do not want to go any al.
utility costs to our constituents, do regulation is to allow interim licenses further into the swamp. I am opposed its creases producthity, and a41mulates to be issued. if necessary. on the Com. to the 200 additional plants that the h
inflation. The problem of which I mission's decision that the public Carter administration was pushing for gh speak involves the regulatory proce, health and safety is protected. Public before the turn of the century. As I
'u-dures used to reach a decision on an hearings and nonsafety related issues understand, the Reagan administra.
application. These procedures include should be held and considered before. tion is for cranking up the process and
-e-the laws and regulations attempting to stimulate public involvement in the hand if possible, but should not delay getting another couple of hundred u.
the issuance of the license. Additional-plants built.
regulatory system. Although public in, a
It volvement is a laudable goal, the im. ly, the public hearing process should What I think we have to do is deal plementation of the methods to reach be made simpler so that the individual responsibly with the situation that ig
's this goal are invariably complicated, concerned citizen can readily partici-faces us now. As I said, the gentleman very time consuming. and neither en. pate, not simply the so<alled profes. from Connecticut has done a good job ce I!.
hance safety nor promote public in. sional intevenor groups. Legislative-and I am skeptical of all of these type hearings should be the rule and claims that we have strangled the
- t volvement.
Simply stated. the problem is this: A adjudicatory type hearing should be whole procedure, that you cannot get t
utility will schedule the construction. held sparingly and only when substan. things done in this country.
1 of its powerplant, and the correspond. tial issues can be best addressed I am committed to a process by r
ing cash outlays, based on the longest through this type of hearing.
which, as long as nuclear power is duration of two activities-the mini.
Mr. Chairman. I join my colleagues legal, and it is, that the nuclear appli.
mum time needed to build the facility in supporting the interim reforms cants are entitled to have their day in 1
or the minimum time needed to 11 called for in this bill and I urge that court, they are entitled to have their cense the facility. The minimum time more meaningful and permanent "p
d a
f r
needed to build the f acility is around 6 reform be considered in the coming g.
t w I
years. This corresponds to a minimum months.
we cannot get a process by which deci.
f licensing time up to 15 years. That is I would also add that our Energy Re-sions can be made, yes or no. Are you two and one-half times the construe. search and Production Subcommittee going to build or are you not going to tion period.
of the Committee on Science and build it? Is it safe or not safe? I am Part of the reason for this long 11 Technology intends to exercise its ju-E ing to be skeptical and I am going to censing process is that public hearings risdiction over the research portion of wait and see what the administration I
must be held prior to the issuance of a the NRC budget in coming fiscal sends us in terms of new legislation to construction permit, and at the re. years. We have not been entirely satis.
speed up the licensing process.
Quest of any person, must be held fled with the reports that we have t
prior to the issuance af an operating been receiving on this program. In If we can do it in 8 years instead of license. This was not a problem before particular, preliminary staff investiga. 18,if one piece of paper will do the job of two,if we can have one environmen.
there were organized groups dedicatec tions, confirmed by a recent Nuclear to the destruction of our nuclear Safety Oversight Committee report, tal impact study instead of four, we power option. These groups now rou. have found that the NRC is not using ought to be able and we ought to be tinely intervene in licensing proceed the research resulta to correct overly willing to do that. That is why I have ings, intent on delaying and raising conservative technical requirements been proud and pleased to work with costs as high as possible.This abuse of but is using them only to make more my friends on the minority, the gen.
our system has been exacerbated by conservative those technical require. tieman from New Mexico (Mr. LUJAN).
the longstanding NRC requirement. ments found to be insufficient. This the gentleman from North Carolina which is not mandated by las, that results in a continual upward spiral of (Mr. Baorurt.r.), the gentleman from the hearings be adjudicatory. type technical requirements. Neither the Michigan (Mr. DINort.r.). the gentle-hearings. These contributing require-utility nor the consumer is provided man from New York (Mr. Ortrwcra),
ments set up early in our system offer the economic benefits of this signiff. and others to put together a compro.
an obviously desirable circumstance cant Government expenditure when mise so that we could get this thing to for those in our society committed to the emphasis is away from rational the floor and get out of the Rules stop or slow down the nuclear power regulations. Additionally, in at least Committee, and at least have in the option for producing electricity. It has one known case, the safety of the law through this bill a procedure that been described by some as the attor. Plants may be compromised by this we can use.
neys welfare system.
approach.
As I said earlier. I think the prerrdse The value of this licensing process Mr. Chairman. I urge a "yes" vote is a wrong one, that you do not need could be assessed against the extreme on the bipartisan Nuclear Regulatory this procedure because you cannot cite costs to the utility customers if the Commission bill. and a "no" vote on 22 plants that are now stalled because safety of just one plant were improved the Markey amendment.
of the lack of interim license. I think by these methods. This is not the case.
Mr. UDALL. Mr. Chairman. I move we need this procedure. I think it is a however, as attested to by the NRC's to strike the requisite number of fair procedure. I think we ought to be Director of Nuclear Reactor Regula. words.
able to load up and move up to 5-per-tion. He told the Commission as late (Mr. UDALL asked and was given cent power on a slow, positive, check-as February 16 of this year that in permission to revise and extend his re. out basis, even though some hearing is looking at the last 10 years of deci. marksJ going on somewhere about the need sions on operating licenses that:
Mr. UDAll. Mr. Chairman, we have for this power or something that has I think Mthout exception they tended to had a good debate and I hope that we no relationship to health or safety. If be changes that required additional survell-will be ready to vote fairly soon.
you have passed all of the safety testa.
[
.H 8142 CONGR FMIONAL RECORD - HOUSE Not' ember 5,1981 i
you ought to be able to go ahead and The Sierra Ch2 conunues to bellen that parauant o subsecuon ibt, only upon a fur-do this.
such proposals are both misguided and dam-ther appucation by the prospective 12censee i
We put a cotiltion together and it aging to the k.tegrity of the regulatory and a reexamination of the plant's safety t y L
has not been talked about much, but I pwesa. In parucular. proposals made mu-h commission. mmnarty, ecction 11 con-am going to put some of these leuers er this year to limit the ability of the public tains m. An. for prior notice to affected in the Rgconn at the appropriate time. and state and local governmenta to mean-states. per+ odic notice to the pabite. sad pe ingfully participate in the licensing process roulgation tw the NRC et standards for de-L3 The substitute bul which we put to-pose serious questus ressrding the degree terminma 31: ether a hoense amedment in-gether is supported not only by Edison to whleh industry pressure may lead to the sdwa wo algntikant hasards esasider.
Electric Institute, but the American erce4on of the federal governments cornmit. muons". None el thne safeguards had tren f
Public Poser Association. National ment to the pubtae safety in quesuons of nu. inr%d in HR 2Mo. and each af them Rural Electric Cooperative Assoc 1 clear regulauen.
mores this Wa "= In the right direction p
ation. American Nuclear Enersy Coun-Nevertheless, we remgnise the poutical in-While s'e believe that. In some respects.
et" a am fann d ming & W comparable phons in h Senate bm
{
cQ* Chamber of Commerce. Building and Construction Trades Department striction will be a:.tached to the NRC Au- (S 1207) off er more protection to the pub!!c, thorization as it moves through congresa in our New. the better forum for resolving of the AFirC10. and others. But also this year. In this context, we bettese that those differences will tre the House-Senste not opposed to the bill I have some Bections 11 and 12 of H R. 4255 represent a mnference committee, rather than the good letters here from the Sierra Club substantial improvement on the atmIlar om House floor. with that tn mind, we hope b
and the Union of Concerned Scientists etstons stich were contained in the wrsson that the safeguards you inserted in ER 4255 F
saying in effect we It"e in a real world of the Authoritation which was approved by will not be seakened by further floor and that in a real world we are going the Energy and Consmerce Committee as amendmenat g
to get clobbered if we try and insist CO HA 2M earlier this year.
Although me continue to quesdon the effb UC8 appreciates your efforta to mow
(
much harsher procedures for the issu racy of the interim Incensing concept, and tossid a respons!ble hill that does not i
ance of temporary operating inmnea the teattty of the
- delays" to which tt is ad-unduly oompromise the health and safety of "E
than are in the compromise bill, and dressed, we are pleased that H.R. 4255 those who live near nuclear power plants.
and me encourage you to continue these ef.
[
we are going to get beat. And in con-treats the tssue responsibly and inctudes e*-
forts throughout the consideration of the ference with the other body where sential safeguards miasing frrum earliee tec-19824 NRC authorization bilt.
I views like those of the gentJeman from aions of the proposat These inctude the
- Massachusetts tMr. MARKEY) and the Wremies that RC grant an entual temp >
smeerely' gentleman from Connectjeut (Mr. rary nunu at los er peser lesels (no fWher M ACHAE1. Facts, Morrrrr) have less support than they than 5 percent) before considering the need -
'"5't8'*f8 " C *^8'l do over here, we are going to get best-for futher interim ucensing at higher power terets, and the prmEons for prior pub!!c B: sterwa ann Constmocrion V
i So if we will come out of the House riotice to affected states. Each of these safe-DADEs DEPARTMENT. AFIA*tO.
F with this compromise position that we guards, important in itself. and others in-a'ashincros ac. November d. Istt have put together and if supported by ciuded in HA 4255. serve to move this legis. Ho:L Monsrs K. Umata, e-this crazy coalition of utilities and nu. lation toavda a snore responsible and care-Chairmian. oseundttee os fatertor and Insa-
- Clear people, and the Conservation ful resoluuan of the Wh1 issacs sur-W 4//cira #0mse Q/ Reprex=Mn people, and folks who have doubts r unding the ticensins process.
swatog aC.
about nuclear power all of them 1J.
DEAa Ma. CuaraMAN* The Building and groups. If we can put theR1 together as ws,d",ifaj,'p%;a'u i
Tr* des
,gagenda,'g',^ge'g'=gr>
we have done here. I think 11 is Incum*
n bent upon all of us to glVe it a try. I encountered in the NRC licensing process.
Uwron or Conctmwrn Scarwirsrs.
These delays are unnecessarily increasing think the amendment is not particu-wasMn,tos D c. September !4. Jfit the cost of eledricity to consumers and fuet larly needed or vital at this moment, Hon. Nom ars K. Ua41.x, ang the spirals of Inflation and unersploy.
y *.
but I think it is a part of the puzzle Chairmas committee on futerior and fass-ment. Pbr these reasons. I support prtampt and part of the pieces we put together.
Jar Af/stra. Nesse of Represcatanan passage of the NRC Fucal Year 198243 aa-I made what I thought was an WasMaston, ac thorar.ation bu2. as agreed to by the Interhr honest compromise Mth the people on Dean CRArtMAN Unsw UC8 has resiened and Energy and Commerce Committees.1.1 both sides of the aisle and with the 112e latest tersion of W Nuclear Regulatory ciuding W pmEon for temporary opnab various groups interested, and I hope Commission authorization bul for flual Ing authority. I would ask that the Congress the amendment will be defeated.
years 1s82 and 1983 OIR 4255), and particu. reject any floor amendments to strike or tarty those 1:rmisions that authortze the modify this tmportant proviston.
The letters referred to fouer NRC to grara temporary opereting tacemes sincety.
BrERRA CtNs.
for nes17 constructed nuclotr power ptsats Rostar A.Otonctus.
Wa.sMnvo% DC October 19. ISfL tsectaos 123 and to apprne ausendmesM to Preside,d Hon. Monats K. Una:A W Mg operating licenses before gehhc Chetrman. Committee os imJrrtor and fasu. hearings are held on such anwrwiments esec.
dar Affairs. Loadtrorth flosse QCece Llon111 NMeTR or CoMMEmes or THE Buildtag Washf agton. DC We continue to believe that such provg.
UwrTrn 8TsTes or Aurmten.
DsAa CEaIRMAN UaAW 'Ihe House Of Rep. sions are netthef necessary nor appropriate.
Washish DC Noormber2.198L
(
resentat!ves is scheduled to begin debate They respond to s!)eged prob! cms in the Hon. Mosais Usata, today on HA 4255 the revised version of NRC's fleensing and regulatory prorvsnes by Otetrmes. Comrstf ac en latertor etnd fass.
the Nuclear Regulatory Commiss6an Au-reststeting the pahnc's amesa to and partact Aar N/atra Roase of Reprearstattses.
thortzation for fiscal years 1982 and 19g3. pation in those processes, rather than by db N"F"AC The Sierra Club takes ttns opportunity to recting NRC to improve the effaciency s1th Draa ML CmAlaMax In the etect peu y
thank you for the care and resprmhnty shich it performs its statutory respons1hu. have not already seen it. I am aff achtrir a
+
s'ith which you have handled this impor. 111es or furnhhlryr to NRC t.he additional re. lettet se sent to Members of the !!ouse on tant legislation.
sources that may te necessary for it to September 17, 1981 expressing the UA As a result of a strenuous and concerted review properly the safety issues ra! sed in Chamber's support for ILR. 4255 the tt campaign on the part of the conernercial nu. connection sit!' such power plant licenses partisan compromise amendment agreed to clear Industry and eartous unajor utll1 ties, and license amendments.
by you and Repa. Dtnrell. Brottaill, and the primary focus of which has been to Neserthe)ess, ghen the reality that some IAjan to ILR. 2130 the Nuclear Iteguissary blame the ills of riuelear power on the feder. version of these prorisions witi be trw f wied ConMrassson (NRC) Authorumthn.
al regulatory process the su>I4tacal pressure in the authortr:ation bul, sections 11 and 12 Stnar that letter s1hs sent, however. I have in the House to rdeve" the regulatory of IIR 4235 represent a substantial improve. Acarned that Reps. Markey and Moffett burden on the industry has become Intense. ment over the respective provisions in the ptsa la offer an arnendment shich sould Proposals - made in various committees version of this billilIR 2330) preniousJy re. eliminate the proviaJon ahich authoriss during the course of the year intended to ported by the Energy and Commerce Com. the NRC to issue interim power plant 11-short<treult the Nuclear Regulatory Cem-mtttee. More epectitca!!y. section 12 explictt-censes in advance of puttle heartngs. We be-mission's licenMag and hearing process have ly requires NRC to grant an initial tempo-tiew the retention of this provtsion en emew cast a cloud on the ab31ty of the Comrmis. rary operating Heense at power levels no llal to andd the NRC in reduetng sta bact anon to fulfill its mission of insuring the kleber than M of futi rated power. Any in-40g of trensing cases ever the pert tu o saiety of nuclear faci 1 Ries, crease in poser 4evels could be authertsed, yeais.
5
l 981 Nptember 5,1881 CONGRESSIONAL RECORD-HOUSE H 8143 l
fur-In Oddition. I understand that Rep. this important energy sourre. Again. I re-result, those delays would cost' the 'Ameri.
nSee Markey intends to gff.r an amendment spectfully urge you to vote for the substi-can public an exorbitant amount in in.
I y DJ uhich stil begin a phaseout of U.S. export tute bill.
creased electricity billa, while deepending con-of highly +nriched uranium. This amend.
I hope you will find these views helpful in our dependence on foreign oil and thereby eted ment is premature, in that it has never been your de!!berations. Should you desire fur-fueling inflation.
DN-the subject of Congressional hearings. Addi-ther informauon, please contact our special We apptciate this opportunity to expresa de-tionally, it unnecessarily calls into question ist. Ms. Susan DeMarr. 659-6173.
. in-this nation s ability to meet its commitment our position on this vitallegislation.
der-to other nations for nuclear materials and EDrsoN EtacTarc 1NsTITUTE RosEnt D. PAaTmME, een technology.
Washington, DC, October 8,198L tem I sant to reiterate that the Chamber sup ' Hon. Monats K. UDAm Z###" TIN V8## h#
"I-on.
ports the bipartisan licensing reform meas-Chairman, Committee on latertor and fass-cf.s.
ures contained in H.R. 4255. designed to for Nfairs, Nouse 4/ Representattres,
~
b!!!
assist the NRC in reducing its backlog of Washington, RC AMEsuCAN Punuc Powra A880CIAT10N Uc.
cases while at the same ume maintaining Hon JonN D. Drworm-Washington. D (% November J. fail.
lng full safety and environmenta; protection. Otairman, Committee on Kncrpy and Om. Hon. Monais Unam ste We oppose any and all amendments which mem, Nomse of Representattres, Wash. Oftairman, Intertor and Insular Affairs he would have the opposite effect.
(naton, AC Cbmmittee, 24maworth Building, Wash-pc Cordially.
DEAa MEsama. CHAlaMEN-On behalf of the ington, RC 55 IIIuom Darts- ' investor owned electric utilities, we support DsAn CRAlmN UDAI.t On behalf of the Attachment.
prompt passage of the Nuclear Regulatory American Public Power Association. shich or CHAMBEm or COMMENCE or TRE UNITED Commission Authortzation bill for fiscal represents 1.750 publicly omned electric util-w BTArts or Aursrca.
years 1982-83 (H.R. 4255), now pending itles in 48 States, I udah to express support before the House. As you know, this com-for enactment of II.R. 4255. the substitute at To: Members of the House pm Mported wt of the Rules Com-Nucim Regulatory Commlaslon final yars 2f Prom Hilton Davis. Vice President. Irgisla mittee on September 15. is supported by the 1982-83 authorization bill. Introduwd by Uve and Political Affairs.
a imm ran M m n ri y Enem n of you. W. laajan. W. Dingeu, and W. Bmy.
f-
Subject:
Nuclear Regulatory Cammf= ion h h Interior and Insular Anstra and hm.
3 e
Authortzation (H.R. 4255).
the Energy and Comem Committees.
Local public power systems have a strong On behalf of the members of the U.S.
Pnsenuy we tan 80 nuclear power plants stake in a healthy nuclear power industry.
Chamber of Commerce. I respectfully urge under constmedon in the United States. nitty-three publicly owned electric utill-you to vote for HA 4255, a bill which will represmting 88.000 MWe of potmual elec* ties-including joint action organizattorJ be offered as an amendment in the nature inc genermung capacity. HA 4255 contains which represent the interests of a num%r of a substitute for HA 2330. the fiscal year language which wm help eliminate unneces-of systems-hold equity positions in 14.6 1982 Fuclear Regulatory Cam = *n stry delays in the licensing and regulation million kilowatts of capacity in 36 nuclear (NRC) Authorization.
H R. 4255 is a compromise bul agreed to of these nuclear pom facmtles, helping to power units, and scores of others have pur-am nMdless costs whue mauring a more chased enuuements to the output of nucle-by Representatives Dingell. Broyhill. Udall reliable supply of electric power.
. at stauons or buy power at wholesale from and Lujan, the chairmen and ranking mi-Oiven the unstable situation in the Middle utlhties with direct nuclear insolvement.
nority members of the Energy and Com.
East and the uncertainty of foreign oil sup Where it is a practical poser supply merce, and Interior and Insular Affairs
- pues, believes the time is right to erm Committees, respectively. It represents an option, nuclear power can help keep 4 nsing and to inenase use of wr de important first step in substantially reduc-damper on rising rates for electricity, de-Inesuc mergy resourws. Prompt passage of ing delays being encountered in the issuance crease the necessity of relying on fossil fuels liA 4255 is a major step forward in achiev-with their environmental and availability of construction permits and operating 11-ing h goal.
censes for new nuclear power plants.
problems, and add desirable diversity to the Briefly. HA 4255 would-8IUC*IF F0"'8-nation's generation mix. However. If nuclear Pamascu 1. Wssara.
Authorize $485.9 million for fiscal year power is to retain and expand the power 1982 and $513 million for fiscal year 1983.
production position which it may be entitled This is three percent less than the Adminis.-
NarroN As. Reast. Etwrare on the basis of its economic performance, tration's request:
COorEaAmt AssoctartoN.
there is a need to streamline the licensing Authorize the NRC to issue interim poser Washington, D.C. November 3.1981.
process. Dere la a bottleneck at the Nucle-plant licenses in advance of public bearings. Hon. Monats K. UDAW ar Regulatory Commission in the processing providing for a two-step phasing of power Chairman Cbmmittee on Interior and Ints-of operating licenses. Projected delays levels;
!ar Affairs. Noase Q/ Representatives, would be costly to consumers aho will pay Overrule a federal court decision which Washington, D C today's high interest rates for plant con-would have required public hearings on Dram Ma. CHAlastAN; We appreciate the Struction plus the price of replacement every non-safety related license amendment opportunity to express our support for II.R.
power. While plants involved are being built by the NRC'.
4255. the Nuclear Regulatory Commission by private poser companies, a number of Authorize the NRC to perform a compre. ~ authorization bill, as reported by the House them incorpo ate consumer-owned utility hensive study on improvements to the !!. Interior and Insular Affairs Committee. ne partners. Congress should give its support censing process. In addition. an independent National Rural Electric Cooperative Assorf-to efforts to speedup the handling of 11-advisory panel would be established to ation understsnds that the bill, as reported. censes while preserving necessary health study the licensing process. Both are re. authorizes but does not require the NRC to and safety and competitive protections, quired to report their findings to Congress issue temporary operating 11 censes through Bincerely.
within six months; fiscal year 1983 before pubhc hearings are lamaY HosamT.
4 Require the NRC and the Department of completed. This flexibility will enable the Assistant Execstarv Director.
Energy to enter into an interagency agree. NRC to more effectively deal with the large ment concerning the cleanup of the Three backlog of nuclear power plants that have Mile Island accident. No NRC funds may be been s alting to come on line for over a year.
AMER!cAN NUcIZAR ExtacT CouNcrz used for cleanup purposes.
The bill also authorizes the NRC to issue Washington, llc. September 21.1981.
4 Permit the NRC to spprove an emergency and make immediately effective, amend. !!on. Monais K. UDAS evacuation plan for a nuclear power plant ments to existing operating beenses for nu. Chairman Committee on Interior and Insw-shere the Federal Emergency Management clear poser plants,if the agency determines far A//afra House of Recrrsentottres.
Agency cannot review the plan in a timely that the changes involve no algnificant Washington, D.C fashion; hazard, 31s would effectively reverse the Ilon. JonN D. DINczm Require the NRC to hold legislative-type 8 holly against NRC decision which requires Chairman, Committee on Energy and Com-public hearings on the development of a nu. that the NRC conduct pubuc hearings on merce, House of Representattres. Wash-clear power plant safety goal; and every license amendment application re.
ington. D.C Provide $500.000 for funding a " data link" gardless of safety considerations.
DEAm Messas. CHAIRMAN: On September program-a pilot program designed to !!nk We must, however. express our opposition 15 the Rules Committee elcared for floor all nuclear power plant operating rooms to the amendment proposed by Representa-action HA 4255, the NRC fiscal years 1982-
+
with NRC headquarters.
tives Markey and Moffett which would 83 authorization bill. This bill is a substitute Nuclear power has a vital role to play in strike language authorizing the NRC to for differing versions of the bill reported by the development of our country's energy grant temporary operating licenses before the Interior Committee and the Energy and sufficiency and security. HA 4255 goes a public hearings are completed. This amend-Commerce Committee. II.R. 42b5 la support-Ior:g aay to help reduce regulatory barriers ment would serve only to delay many poser ed by chairmen and ranking minority mem-shleb hinder t.he timely development of plants from becoming operational. As a bers of both committees.
A J
f
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h E
H 8144 CONGRESSIONAL RECORD-HOUSE Notember 5,1981 I
^
In additica to nuthorizing funds for frRC, H.R. 4256 contains severa1 provisions which this amendment, I feel that this r* Hance an Jndusity supplied dats as-II amendment la really needed as a to the anticipated dates for the com-are essential to emninsting costly and un.
messary delays in the utensms and resula. safety valve. I =mambee that the gen-pleuen of construeHan of a number of G
- I "
t&eman and I reluctantly supported plants, and for its failure to have kade.
C e3 g[
N$
d fast-tred legislation that eeentuaHy 8
pendently vertfled this Informaatton Lj NRC to lesse temporary operatens Heensse did so through because we felt that Of teefore submitting it to the Congress.
k and reverse the hahnne to the shemy case. we did not provide for something sen-And the industry itself is to be crtt!-
T g
We support H.R. esse, as agreed to by the alble with respect to speeding up cised for providing what has been two asematoms et surtseeuan, and utse its energy approvals that we were going Prompt passese by the House. While we are to get left with very unsound prowl-demonstrated te be inaccurate and v
3 aware that there are differences between stana andsleading safersaatloa. It is new elser
,H In this situation I agree camr***lF that h th eases of Diablo Nm 4
and that they can be resolved without difSeults with h gendman from Cosaseticut and Maguire, which were aHeged to be f.y la conference.
that the case was anismpresented by most htstant eatmples of delay, that g
sincerely, the industry, that there are no planta the operating Itcenses were issued pre-p Jose T. Coswar.
now whlCh are being delayed by the ll* maturely, in that the license was Mr. ERTEL. Mr. Chairman, wSI the censing process, but there are plants lasued before, and in some cases.
gentleman yield?
that n.ar well be delayed in the months before the licensee was ready Mr. UDALT. I yield to the seatle-future. If they are, and you have a to begin operation. Of the few planta M
bunch of plants that are sitting there which are Asow anagad to ma88a8Pate N
man from Pennsylvania..
Mr. ERTEL. I thank the gentleman and muns $1 mullen a day because of delays, only I er at assst 2 months of for yielding.
delays in the Heensing process, then delay are projected and given past es.
[^
Previously we got into a conversa. them is going to be trernendous peo. pertence. I enW M with the pas-
\\
tion about Three Mile Island unit 1 sure to sweep away very sensible and sage of time, the delays will not in fact b'
and whether it would be applicable mded pretee@ms.
materialise. he gentleman from Con-here. But it is my understanding that What we have provided here is a necticut has also very convincingly Three Mile Yaland unit I has already very dreumscribed procedure. The demonstrated that the NRC's hearing P
an operating license and this would C^""M^n only has discretion to give and Droced" **
' in and
^"
y th of u
T f,
grf e
eted of mate la a th operati o a Mr. UDALI. That is the mm)nr views, indesding all suppleenental single pactor. In fact, it was the Com-reason Three Mile Island is not affect. safety reposta and the final safety re-mission's decision to suspend the hear.
[,
ed by the provision; they do have and ports and an of the NEPA proceed. ing pacess, rather than h opnadon have had a permanent operating 11 Ings, including the final enetreamental of the process llaelf, which has rained q
cense. So I believe that someday they hupact statement. The hearings even-the potentJa! for delay. It is evident are going to be restarted when they tuany must be held, and they must he that if the hearing process had contin-y o
come up to the safety standards and held in a prompt way. Nouce asust he med uninterrupted, the possibility of make all of the corrections, but they given immediately upon the filing of a delay would not have arisen. Thus, do have a permanent opera 4Jeg M.
petition and a hearing must he held e en the delays projected by the in-g, cense, and that it why they do nog within 10 days, as the gentleman from dustry were not attributable to the need to be covered by this section.
North Carolina has pointed out.
hearing process, to the Commission Mr. ERTEL. *Ihey have to go 80 what we have here is a circum, proceduresor to the numberof parties j
through these hearings because they scribed situation that only goes into.who intermoed in swt proceedings, have had real safety problems, and effect if, in fact, there are delays, at Whee I agree with the gentlemen that is why we want them to 30 reactors in the future. It will provide a from Connecticut that the eatent of through it;is that correct?
procedure for only 5 percent licensing, the anticipated delays has been great-Mr. UDALI. Mr. Chairman, I ask and in those kinds of situadone where ly eaaggerated and probably will not 5
unanimous consent that all debate on there is a great deal of pressure and in fact materialize and wh!!e I agree the pending amendment, and su where delays are being caused, they that even if the projected delays did p
amendments thereto, close in 10 min. could issue a full power of fleensing. occur, they would not be the result of p
utes.
You would have to go back and set en any problems in the Commission's g
The CHAIRMAN. Is there objection amendment to the temporary operat. hearing process and procedures, I stilt i
to the request of the gentleman from ing license.
oppose the gentleman's amendment Arizona?
So I would urge the defeat of this because 1 do not perceive the problem Mr. MOFFEIT. Mr. Chairman, re. amendment.
being addressed by the provision being 4
serving the right to object, I would Mr. Chairman. I rise in opposiden to opposed by the gentleman from Con-g like to get an ides from the Chairman the amend =*nt offered by the sende. nectJcut as being fundamentally relat.
as to how many Members would like to man from Connecticut (Mr. Morrrrr). ed to anticipated delays in the licens.
g rpeak,1f any.
I do not dispute many of the argu. Ing process. To me, the fundamentat 3
Mr. UDALI. I only see three or fotir. ments that my good friend and col. problem being addressed by the bill is
)
4 i
Mr. MOPTETT Mr. Chairman, I league from Connecticut has made in the allocation of limited resources 0
1 withdraw my reservation of objection. support of his amendment. Indeed, I which, in this case, is the priority in IT j
The CHAIRMAN. Is there objection would like to commend the gam
- man to the unanhnaus-consent request of for the work he has done as chairman the use of the staff's time. Although I
l the Commission's budget has been sig-the gendeman from Artsons?
of the Government Operations Sub-nificantly increased in the lost few g
There was no objecuen.
committee on Environment, Energy years, it was and still remains under-6 l
l The CHAIRMAN. Members standing and Natural Resources in holding funded in that the budget is not ade-i r,t the time the unanimous-consent re. hearings on the issue of the causes of quate to enable the Commission simul.
I quest was agreed to will be recognised the alleged dela*ys in the licensing taneously to address all outstanding
!sr 1 minute and 45 seconds each process and for issuing a thorough and and unresolved safety issues and to The Chair recognizes the gentleman thoughtful report on this problem. process pend'ng license applications.
?
from New York (Mr. Orrusonal.
The =heamenittee's report alearly That is shy, / Mowing the accident at (Mr. OTTINGER asked and was demonstrates that the initial saumma== Three Mile island, the Commission given permission to revise and extend of the extent and cost of the projected was forced to suspend the licensing his remarks 3 delays in the operation of a number of process. It simply did not have enough Mr. OTTINGER. Mr. Chairman, I reactors were greatly exaggerated.
join my friend, the sentleman from The Nuclear Regulatory Commission staff to study the accident and incor-Arizona (Mr. UsaLrJ in opposition to is to be severely criticized for its total porate its findings into the regulatory s
process and at the same time, process s
I s'
Notenber 5,1SSI CONGRESSIONAL RECORD-IIOUSE H 8145
/
i license [ppitec.tions. The Commission a multifaceed epproad ta nuclear voact I think the gentleman from New York, s*.111 does not have the fundmg needed that stresses first and foremost safety. but our good friend, who has raised great
,f to perform both functions. Indeed, an a"proach that also recognizes that nucle-questions about nuclear Eafety in the h
this was an issue recognized in the bc"s?n h u w" past, agrees that it does not appear to
[
and t on gentleman's subcommittee report ability of the Federal Oesernment to em be a problem at this moment.
g when it noted that safety consider-lish procedures that resolve questions on We will be here, somebody will be ations sere being curtailed and de-construction er licensins in an expedruous here. nest year, the year after.1 think f'
ferred by the Commlu!nn.as it imple. manner.
that is a safe assumption. Ist us legis-r mented internal measures to acceler.
The CIIAIRMAN. The time of Lhe late on it when they corne in and show I
ate the licensing process in order to gentleman from Indiana has expired.
us that in f act it is a real live problan.
[
croid delays in the initial operatson of The Chair recognizes the gentleman The CIIAIRMAN. The Chnfr recog-b completed facilities.
from Oregon (Mr. WaAVEa).
nizes the gentleman from Man =mehu-My support for the provision 'ahich Mr. WEAVER. Mr. Chairman. I setta (M r. M AREEYl.
t is now being challenged by the pend-sould hke to report on the five nucle.
Mr. MARKEY. Mr. Chairman. I ing amendment is based on my desire ar plants being built in Washington thirk that the gentleman from Con.'
?
to avoid the need for diverting staff State for the Northwest. The peop'e necticut and I agree that reform is I
resources from rte,olving safety con-with the first chance to speak that needed. But this in not a reform. This I
cerns. By eliminating the time pres-they had voted 60 to 40 this week to is a resvession from the Kemeny Com-sures imposed by the heartng process, require their consent before money be mission. to the Rogovin Commission.
the committee, in effect, stated that spent. Now here we are talking about to esery study that has been made on the resolution of safety concerns was dolng away with the privilege of the nuclear powerplants in this country.
to take precedence crer concerns people to speak.
The problem really has nothing to
- r. bout the timing of the hearing proc.
Those plants are going bankrupt not do with the public coming in and ess. I cannot adequately emphasize my from any delay caused by any hear.
asking good, hard, tough questions
{
concern that the Commission's belat. Ings or endronmental movement. All about the operation of the nuclear ed:y acquired interest in safety issues of the permits, everything was issued poserplant. If we really want to 5
be sustained and that staff resources in the carly 1970's to those five plants reform the licensmg process, here is f
not be diverted from consideration of and yet they are 5 to 8 years behind what se should & We should insure t
such matters in order to minimine the schedule without 1 single minute's that, before plants go into operation.
E economic pressures imposed by the du. delay from environmental protes44 or someone makes certain that the cor-E ration of the licensing process, I urge appeals or hearings. not a anlaute-rect bliaeprints have been used, that 5
my colleagues to join sith me in as-They are behind schedule and with stuck valves and poorly trained opers-serting Congress primary interest in the cost overrun of 500 percent all on tors cannot turn a multimillion-dollar safety issue by rejecting the rentic, their own.
powerplant into a multibillion<!ollar man's amendment.
rj JA catastrophy, that reactors that are in The CHAIRMAN. The tirac of the gentleman from New York has ex.
I would hate to thint, becaua the operation for only a few years do not f
end up mith the steel so brittle that it L
pired.
mismanagement and shoddy cona
.2 The Chair recognizes the gentleman tion of those plants, that plant.No. 2, might crsch during rapid cooling, that reactor vessels are not installed back-t from Indiana Gir. Hrtza).
which NRC has already said was ward so that an entire plant has to be 7
Mr. HILER. Mr. Chairman, I rise in shoddy and defective, would be rewired after it was constructed, so
}
opposition to the amendment.
brought on line without a public hear.
A Government Operations report on IDE-that a candle used by a careless plant r
worker to check the air leaks does not i
NRC licensing delay has been referred The CIIAIRMAN. 'Ihe Chair recog-to several times, at4d I would like to nizes the gentleman from Connecticut start a fire that nearly knocks out all E
read several excerpts from that report Wr. Momm.
of the electrical cables controlling the
[
reactor itself. What we need is really i
of additional views filed by nine mem-fro reform to correct these deficiencies.
f bers of the committee, the additional views to our reort. I There is no licensing backlog there
[
We should not lose sight of the prmetple think ft is important to point out that is no need to truncate the public par-(
that any delay thich Icads to increams costs for consumers should be approached it is true that nucicar plants take a ticipation process, there is no crisis at
[
from the standpoint of what can me do to long time to build. We are not arguing hand in the delay of nuclear power-I enminate the muse of these extra costa that here. And I would say to my plants. No esidence has been present-(
certatnly industry is responsible for some of friend, the gentlewoman from Tennes. ed. No need has been demonstrated.
the ertra conta intolved. However. as elected see, that it is not just because they All we are acting upon here is some I
cfficials it is our responsfbility to do stiat cost more or because the interest rates vague sense, some brooding omnipres-are ao high, er there are. in her view, ence that says that the regulatory se can to minimize the extra costs incorred by ineffielent bureauerstic procedures and unwarranted delays. It is because process has been dragging down nucle.
I agency delay at the Federal levet Continued and prolonged de4ays are not is many of these utilities ornbuct and ar power. 'Ihe evidence 's just to the f
the best interests of industry or the consum. they miscalculated on demand. That is contrary. It is not the public that has
[
er. gtven the substantial costs of those a part of the record all over the coun-done to the nuclear poww industry. It t
delays to utilfties and the rate paym. Even try.
is the industry it.wl!. It is that mind-using the August Department af Energy Our Teport does say, sad the major. less boosterism, which has trim to g
projections, the antJcipated 11crming delays Ity, Of ocurse, Toted very clearlJ for convince us that it is the solution to alu cost the industry and ultArnately the this, that it is demonstrable that nu. our energy problem, which has over-i public $608 milhon. With these afsn!fkant dear plants are taking longer to buDd promised nuclear power as a solution costa, it is important that the NRE' mini-mize licensing delays snhout sacrifleing and get on line What has not been to the energy crists in this country.
f
.ay That is what we are debating today, e first nuclear venetor.e dersonstration by the industry is that those extended not any need to eliminate public par-pressurized aster eenctor, was bum and op-schedules are the fault of the NRC,its ticipation.
erating in less ttan 4 years from ahe date processes or citizens sto raise safety The QIAIRMAN. The Chair eccog-the Atornic Errrgy Commhtlam gave per-que'stions as legalinterTu nors.
ntzes the gentleman from Arizona (Mr.
chion for construction.Compktson of the Now, I appreciale the gentleman UDALL) to close dchale.
aserage reactor today takes sayshere from from Arizona and his skiDful attempt Mr. UDA1,L. Mr. Chairman, I urge at compromising. But this is a compro. my ecGeagues to defeat the amend-l 12 to is years. To imply that it As impmible for the NRC to make any chartges that w!D mise about a problem tirat does not ment.
f r wYh wt affect exist. It is a compromise that scatures The Cif AIRMAN. The question is on
(
se s nuct ar r safety is shortsighted. The NRC should take a remedy really without a reason. And the amendment offered by the ten-6
p
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d 118146 CONGRESSIONAL RECORD - HOUSE November 5,1981 [
tieman from Masst.chusetta (Mr. ausha Moore Shup The Clerk read as follows:
MARKET).
$"gg",*#
$a"rhon Amendment offered by Mr. staswer: Pase r
Shalby The question was taken; and the tretand Murphy Shu.ar
- 18. after line so, insert the following-Chairman announced that the noes Jestries Martha Shusta sac.14. (a) Except as provided in subsco-s Jenmins Mym anna tion (b), no part of any funds authortmed to appeared to have it.
y Jones (O K)
Mapter Skelton be appropriated by the Act may be used by aEconDsD YoTs Jonas m ()
Natcher Smith ( AIJ the Nuclear Regulatory Cornmtssion to b
demand a recorded vote.
,euss,n N Ns,'
Mr. MOFFFlIT. Mr. Chairman, I g gema rettew, process, or approve any application a
- gign_,
,3,,
smaa gpa for a 11 cense to export uranium enriched to A recorded vote was ordered.
Kosoma zienois snowe greater than 20 percent U-235.
The vote was taken by electronic Kramer Nowam Snyder (b) The prohibition contained in subsec-Iarman Omen Bolomon tion (a) shall not apply to any application device, and there were--ayes 90, noes i
304, not voting 39, as follows:
7:5,n Ni ad for a license to export uranium if such ura.
L, p Na m htta cuey Stanton nium la exported for use tra reactors which Pains Staten the Nuclear Regulatory r%mmtanton deter.
t-AYES-90 m,Boutuner g
Patman Stenholm mines cannot leasibly be converted to low Addabbo Frank Panetta tant Put 8tntton enriched uranium.
b; Anderson -
oe)denson Paumon 1metas Pease stump g
AuCoin olkkman Ransel 1swis Peppe M
roun W oaDea L,
sarnes canaales Ratchrori mtnsitan Petit Tuke Mr. BROYHIII. Mr. Chairman, I gare I"/,!1gg, Pe'u*"s O"
reserve a point of order against the
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g@u o,#,tna Ras g
ric 3,
Rodino tott Porter Trauer amendment and, pending that, would einsham nuun Rosenthal towery (CA)
Frtce Tytbie permit the gentleman from Massachu-
>t sonnor Hertel Roybal swan Prachard Udan setta (Mr. MARKET) to proceed.
L' D. MM. D. Oh N
[ )*
Brodhead e ords hneider Rahal e
Burton. John Kastenmeter Schroeder lonsten Pan h k Vommer amendment that I offer here will en-Burton, Phulip Kildee Schumer Marts Resula Wamw courage the shift away rrom the use of Se uns
,u in"s highly enriched uranium in the Usde arriot ua ggga conym tons (MD)
Saman Marun tua Ritter weber ton) world s research reactors. It would croctett Imry (wA)
Bolars Muun (NC)
Robuta(m white prohibit by the Untled States the Deetard Marter 8: oermain Manons Robuts iso) whitehunt export of highly enriched uran!um D
E""u'y N*Y o*1es Een eCia*Eer t
except for research reactors where it is whaten" essential.
Dorsan Mautau Studos Meconum Roemer Downey Mulu (CA)
Srnar McCurdy Rosm wumn This material is a vital element in rd ards(CA) h n(MD) asMnston Donald nkon u rth the construction of nuclear hombs.
4 8
Edu ards (OK) Mosuey waman McEwen Roth wolf The time has come for the United Erdaba Moratt weneer Mmrath Roumema wortier States to withdraw from unchecked
(= (D0 g7 gber (MN) glot gt commerce in highly enriched uranium.
P Mc Fittuan Oskar Wyden Mka Russo Yatron Israel's destruction of the Iraqi nucle-Ford (TN) oemtar Yates Mahel Sanunt Youns ( AK) ar reactor last summer that used j
ND C
NOIE-304 heuer ouns
)
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Mitchen twY) Schutze zernetu the tension that this dangerous sub-
^
- ah coleman Formo Mouchan Sensenbrenner stance creates in the world.
^3""'*
rO'd te "
mots wry shamana*r riends My amendment does not affect in 43,, du Andrews.
conte rindicy NOT VOTING-39 any way U.S. shipments of low en-Annunzso c
g riched uranium fuel for electric power m
3, o,3,,g, y,,,,,
Appiccate courier rowy Barnard nawuna Pashayan reactors.
Ashbroom' corne. James Forsythe natuns nouand Pertina My amendment will not cause the Asptn coyne. wultam rountain Brown ton) nopatna quaien shutting down of research reactors c'r'ane. Dankt Fy
sO that burn highly enriche.1 uranium.
Fr y
sadham maraus crane. rhus, ruana Daunson aide Smnh t1A>
Tliere are some reacf ors in nations, sauer (Mo)
D' Amours Oaydos Eckan Johnston Smith (OR) such as Belgium, Francs, and Canada, Im"'*
Nt[11ame (MT)which could not currently convert to N '"
D N
$((no'n',d*
h rierto senedict Da'memyw ounun rbrd (Mn 1,hman wunams ton) low enriched uranium. Until the time sennett Daschse otnsneh Frensen Madisan wotpe that the Nuclear Regulatory Commis-sereuter Daub otnn omrca Marun tNY)
Zahlock! -
sion determines that these reactors Q"*
Uoarz.
N O I300 can convert, they will be exempted from the highly enriched uranium masst DeMardis oram" The Clerk announced the following stanchard Derrict oreen
- cutoff, Egg,.
g De,",ln*18
@"4 On this vote.
This amendment allows the Nuclear w
g I"
soland otnsen oundea "
Mr. Wolpe for. sith Mr. Huckabt against.
Mr. Hawkins for, sith Mr. Jones of North while expressing the intent to phase Bona D(xm nasedan naquud Dornan nau ton)
Carolina ainst.
out of all highly enriched uranium.
- E' ux Dow'dy nau' D Mr. Eckart for, sith Mr. Johnston against.
Already implicit in current U.S. non-ar Brinkley Dreier namnton Mrs. Chisholm for, sith Mr. Taylor prcliferation policy is the idea that Brooks Duncan nammerschmidt against.
the United States should facilitate a Broomrield Duna nance Mr. Garefa for, sith Mr. Hopkins against. shift from the use of highly enriched DT Mr. Batage for, sith Mr. Frenzel against, uranium to low enriched uran!um in g CAo) y
)
arorhul Dynon nartnett Messrs. OBEY, VENTO, HUGHES. the world's reactors.
Burgener Edwards (AtJ natcher GINORICH, and RAHAIL changed With this aim in minc'. the Depart-suts" y
their votes from "nye" to "no."
ment of Energy, with the Argonne Na-campden
' znsuan nettet Mr.
LOWRY of Washington tional Laboratory, operates a reduced carman Erlenborn nendon changed his vote from "no" to "aye."
enrichment research test reactor pro-Mu N$ht wr So the amendment was rejected.
gram, which is developing the technt.
Carne Erte DE) r The result of the vote was an. cal means to facilitate the transition chapow avans toA) nuns cheney rvans(IA) nouenbeca nounced as above recorded.
from I"ehly enriched uranium to low Clausen rary nott AMENDMENT orrDLED sY MR. MARKEY enricht4 uranium.
- 'Ya
$$r Mr. MARKEY. Mr. Chairman, I This is an extremely valuable worth-co coelho renwica nubbard offer an amendment.
While program. Its work is critical if 4
a U
Mmember 5,1S81 CONGRESSIONAL 2ECORD-IIOUSE H 8147
-=
we are to eventuaRy withdraw from nr.ture of the substitute that is before Commission is for all purpcscs, for all highly enriched uranium commerce, us and thus is in violation of clause 7 funding. This is merely a limitatJon on 1
Some will say that the RERTR pro-of rule XVI of the rules of the House. the expenditure of those funds from f
gram provides a solution to the highly Proceeding further with my argu-one of those functions.
by enriched uranium problem. But the anent. I would point out that the sness-Clearly, it is germane within the to I
program is only a partial solutlen to ure before us, the purpose is to an-definition of the functions of the Nu-l the problem because it is a voluntary thorize appropriations through the clear Regulatory Commission to place n
i to program.
Nuclear Regulatory Commission in ac-a restriction upon the expenditare of G
I This amendment is necessary to cordance with the provisions of sectjon funds for these purposes.
3 c-insure that there sill be no retrench-261 of the Atomic Energy Act.
I would submit that the point of E
l' S
ment from any commitment to with.
In addition, the bill before us makes order snade by the gentJeman frons s
{
draw from highly enriched uranium other changes in the authority of the North Carolina is not well taken.
)
l commerce.
NRC, granting them rights to tssue l
Some have made the argument that temporary operating licenses to nucle-
'Ihe CHAIRMAN. The Chair is pre-d 7,
pared to rule.
m nations will merely seek to enrich ura-ar, powered electric generating plants nium on their own.but the cost of de-and also gives disgression to the NRC The gentleman from North Carolina mg signing, building, and operating their to report to the Congress on their ree-makes a point of order that the a
I own enrichment facilities would still ommendations for reducing the !!cens-amendment offered by the gentleman m
be highly prohibitive.
Sng time for nuclear-powered electric from Massachusetts is not germane to i
My amendment ts consistent with generating facilities.
the bill and is in violation of clause 7 the basic gu%elines announced by Now the amendment as proposed by Me WI, cf W rules of W Wuse.
President Reagan on July 16 concern-the sentleman from Mamrhusetts The bill before the Committee is a a
ing further restrictions on dangerous (Mr. MAaKEY) is an amendment to en. general authorization bill for the Nu-international nuclear commerce. In tirely different sections of the act It clear Regulatory Commission which specific, the President pledged to sets up new criteria governing the ex-provides funds for a variety of fune-g sork to prevent the transfer to non-portation of certain nuclear match tions of the Nucear Regulatory Com-nuclear weapon states of any signifi-That sub}ect matter is found nowhere mission, including nuclear reactor reg-q cant nuclear material, partjeularly in the bill before ma.
ulations. Instructions and enforcement i
m where the danger of proliferation de-The bill before as does not address standards development, nuclear mate-mands."
In any way the question of exportation rials safety, safeguards, nuclear regu-t
]
This amendment would lend sub-of nuclear matter. In fact, the ques. latory research program technical sup-
{
stance to those words My amendment tion of criteria governing the export of port administration and international
=
is consistent with resolutions passed nuclear materialis found &n an entire. Vrograms f
g unanimously by both the House and ty different section of the act, section The amendment offered by the gen-
[
the Senate on July 17 of this year.
1 71.
tieman from Massachusetts merely-f In particular, the Senate resolution This bill that is before us does nct.timits whatever funds are available p
u called for the President to take imme-refer in any way to that section, not to under this authorization bill for the is-diate actiun to eliminate the use of any exportation at all. In fact, the suing of export licenses, that is, those highly enriched uranium in all re-committee has had absolutely no funds that are used by the Nuclear
\\
search reactors. My amendment is a study of this subject enatter whatso. Regulatory Commission to review.
L rensible step down the road to reduc-ever.
process, or approve any application for ing the spread of nuclear weQons ca.
11 cense to export uranium. If there are pability. It will not halt the generation D 1315 t
no funds authorized to perform those of electric power by nuclear fuel. It I would remind the Chair tlIat not activities, the amendment would not 5
will not shut down research reactors. only thruld the fundamental purpose be relevant; but the amendment I
]
It does not demand undue sacrifice of of an amendmcrit be germane to the merely rutricts whatever role the
~
our allies and friends, but this amend-fundamental purpose of the bill, but NRC has with respect to the export of
[
]
ment does set us on the essentJal path also any amendment steking to re. enriched uranium and it goes no fur.
a toward reducing the dangers of nucle. strict the use of funds must te limited ther.
I at weapons by their having been made to the subject matter and'acore of the In addition, in the Interior Commit-E available everywhere by this Jnterna. provision sought to be arrend*L I do tee report the chairman of the Por.
f tional commerce in highly enriched riot believe that the amendment meets efyn Affairs Coinmittee in a letter to
' uranium, either test.
the chairman of the Interior and Insu-
)
Mr. O'ITINGER. Mr. Chairman, wgl I would also question whether an tar Affairs Committee states, and I i
the gentleman yield?
amendment of this nature involving read from his letter:
4 Mr. MARKEY. I yield to the gentle-exportation of material to foreign we have paid particular attention to activ-man from New York.
countries might also fall within the ju-ttles within both the Offlee of International siii Mr. O'ITINGER. I thank the gentle. risdiction of the Committee on For. Programs and the Office of Nudear Materi-i M
man for yielding.
eign Affairs. Their jurisdiction is over al safety and Safeguards, both of which 5
l While our committee did not consid-rneasures to foster commercial inter. flave maior responsib111tles under the Nucle-p er this amendment. I have no objec-course with foreign nations and to at Nonproliferation Act of 1978 to 4Jpgrade tion to it. I think it sends a very badly mafeguard American business interests enternational standards, strengthen the g
needed signal to the world or our seri-abrosd.
exp rt and imp rt licensina process, and em.
g cusness here in Congress about pre.
I am questioning whether or not h,$rea bandsN.
Tenting prollieration of weapons grade there might be jurisdiction of another E
material and I would urge its adop-committee involved here.
The letter goes on to relate those ac-
=
tion.
For all these reasons. Mr. Chairman, tlvities to the operation of the Nuclear 1
The CHAIRMAN. Does the gentle. I feelit is twrative that this amend. Regulatory Commission.
4 man from North Carolina (Mr. Baoy. ment is 71 te rmane and would urge
.So the Chair finds that the amend-3 nni) insist on his point of order.
the CNis e sus'ain the point of ment offered by the gentlernan from 4
Mr. BROYHIII. I do. Mr. Chair-crrim Massachusetts is ' germane and the g
- man, il :
JW.7. MAN. The gentleman point of order is overruled.
I Mr. Chairman. I enake a point of lco Un, c usetts may be recog.
The CHAIRMAN. The Chair recog-order against this amendment. I make ns.2d on u.,- rint of order.
nizes the gentleman from New York i
g the point of order against the amend-Mr. MARKEY. Mr. Chairman, what (Mr. BrNQtAM).
ment on the grounds that the amend-we have before us at this time is the (Mr. BINGHAM asked and was given f
,3 ment is not germane to the bill and Nuclear Regulatory Commission an-permission to revise and extend his re-the amendment is not germane to the thorization. The Nuclear Regulatory marks.)
g a
g d
f 1
5 j-E
(
~JW.
yp H 8148 CONGRESSIONAL RECORD - HOUSE Nopcmber 5,1981 7 A
rise with considerable reluctance to is that the problem confronting us this amendment.
l Mr. BINGHAM. Mr. Chairman, I The main point that I want to make ministration is strongly opposed to tg oppose the amendment offered by the here is not whether these reactors can Mr. UDAIL Mr. Chairman, will the W
gentleman from Massachusetts. The be converted at some point to a fuel gentleman yield?
q gentleman says that the purpose of that is low enriched. The problem is to Mr. BINGHAM. I would be glad to 8
his amendment is to encourage the develop fuel-low enriched fuel-that yield, of course, to my chairman on Il conversion of research reactors from will work in those reactors.
the Interior Committee, i:
highly enriched uranium to low en-The fact of the matter is that fuel riched uranium.
has not yet been developed. We are Mr. UDAIA I want to thank the dis-I I totally agree with that objective. working on it. Our allies are working tinguished gentleman for his help on b
As a matter of fact, so far as I know, on this problem with us, this amendment and for all the good all the countries that purchase, our We have an ongoing DOE program work he does. He has been a leader in I
highly enriched uranium are also in to develop that type of fuel. It is a this field of concern about prolifera-agreement with that objective. They complex technical problem. It means tion and I share those feelings with 3
h are working with us in the effort to in effect that the low-enriched fuel the gentleman.
T develop fuel of a low enriched charac. has to be more condensed so that it There is nothing more important for p
g ter which would be satisfactory for the will operate in the reactor the way a the country or for the world, as far as operation of research reactors.
highly enriched fuel does. It is a diffi. I am concerned, than getting a handle I simDly do not think that the cult technical problem and it has not on proliferation; but I think the fact that we h, ave not had hearings, the e
amendment offered by the gentleman y en so from hiassachusetts is the way to go The CHAIRMAN. The time of the fact that foreign governments were about this. It touches on very compII. Eent eman from New York has ex.
co ulte the fact a
have i.
cated and sensitive relationships be-p tween us and some of our closest (By unanimous consent Mr chance to make their views known on h
I friends Europe. It does so without BuscHAM was allowed to pro for f this, all suggest that we would be wise I
il bene an co e ion by the additional minutes.)
to defeat the amendment at this time f lll L
Mr. BINGHAM. If, in fact, none of and continue in other ways to promote I did not want to make the point of these reactors can feasibly be convert. the concerns the gentleman has ex.
y ed now, why the amendment?
pressed.
5 t1eman N
This amendment will be in effect Mr. BINGIIAM. I thank the chair.
[
C a
- e. I d9 e
we ought to be stickers for jurisdic-only for 2 years. This is a 2-year act we man for his comments.
tion. But the fact remains that this are dealing with.
Let me say to the gentleman from amendment, if it were adopted, would Now, let us see what in fact the prac-Massachusetts that I will give him my raise a lot of complicated problems be-tical problems are. I have the list of assurance that in the course of coming L
i anticipated shipments of high-en-weeks and months the Foreign Affairs I
tween us and particularly the French, but-also the Germans, the Belgians, riched uranium for the next several Committee will have hearings on this e
and a number of other countries, years. There are not all that many. We problem. We will explore what if any-I are dealing sith four reactors in thing can be done to expedite the 1-Now, let us see just what this France; one each in Greece, Switzer-transfer or the conversion to low en-I amendment does. It sounds very rea-land, Belgium, the Netherlands, riched uranium I
Swedm. Canada, and Romania. Thow ou h no urt er es r1 e I will yield in just a moment to the a
e reac rs r which shipnients gentleman from Massachusetts, but
[
export of highly enriched uranium a anticipated in the next few years. let me say that we will have such hear, t
Highly enriched uranium is defined rather arbitrarily as any uranium en-tries wh n ou k ga ut n riched above 20 percent. The amend-proliferation. I will not take a back I
ment does not deal, incidentally, with seat to anyone when it comes to con-Incidentally, the gentleman from the medium-enriched uranium, which cern about the proliferation of a nu-Wisconsin (Mr. ZAntocat) is out of the is enriched to about 40 percent and is clear weapons capability to countries e untry today; but he asked me to 7
not weapons grade material.
that are irresponsible, to groups that c nyey his opposition to the amend-g i
Under the amendment, any license are irresponsible; but when we are ment 6 the Memh h M h l
would be banned for uranium enriched dealing with France, we are dealing points he makes in the statement that 1
beyond 20 percent, unless the Nuclear first of all with a power that is already will be submitted by him for the 7
Regulatory Commission determines a nuclear power and we are dealing, RECORD, is to urge the gentleman from that the reactors for which this urani-second of all, with a country that is a Massachusetts to devote his efforts to um is to be exported cannot feasibly close friend. While we do not always making sure that the DOE is properly
)
be converted to low-enriched uranium. agree on nuclear matters, there is a lot funded for the purpose of developing i
1 The word " feasibly" is the latest ver-of room for cooperation. And in the the kind of fuel we need.
)
I b
sion of that phrasing. This is actually development of an alternative fuel for O 1330 I
the fifth different text that I have research reactors, we are cooperating i
seen of the amendment of the gentle-with the French.
I will quote frorn the chairman's 6'
man from Massachusetts (Mr.
It would be disruptive afte? 15 or 20 statement. He said:
MARKET). Until today, so far as I years of rg]ations to suddenly impose I would suggest that the gentleman from know, the word " feasibly" read " tech-this new restriction on these exports.
Massachusetts direct his efforts tosard ac-
{
nically." I think maybe feasibly is an Incidentally, even though we do not comp 11 shins full funding for the advanced improvement. Anyway, that is the way export h!gh-enriched uranium to reactor system program at the Department a
the amendment now reads.
Great Britain, the Government of the of Energy. I would be more than happy to i
Now, the NRC would have to deter-United Kingdom has officially made ffer my unqualified supp rt in that regard.
mine before it issues a license for representations to the Government of So, we will have hearings-u should 1-ighly enriched uranium that the re-the United States that they feel that have hearings-and let us consider in a
)
actor for which it was intended could this would be an unwise amendment to systematic way in the proper forum not feasibly be converted to low-en-adopt. Although the gentleman from what should be done to advance the riched uranium, or by contrast, that it Massachusetts has told us that his use of low enriched uranium in re-ir could be.
amendment is not in conflict with the search reactors, which the gentleman F
The word feasibly is not defined. It guidelines !ald down by the adminis. is so interested in.
might be a very expensive proposition tration as far as nonproliferation The CIIAIRMAN. The time of the g'
to convert the reactors, but that is not policy is concerned, that is not the gentleman from New York has again the main point that I want to make.
way the administration sees it. The ad-expired.
o
\\
t h
s
E November 5,1981 CONGRESSIONAL RECORD - HOUSE H 8149 LO (At the request of Mr. MAIKEY and Ohio. First of all I have had the as-am inclined to support the amend-by unanimous consent, Mr. BINGnAM surance of the Department of Energy ment.
the was allowed to proceed for 5 additional that it is proceeding with a research Mr. BINGHAM. Let me say to the i
minutes.)
program, and that it will provide at gentleman that I chare his concern i to Mr. MARKEY. Mr. Chairman, will least 83 million for that program in about the lack of urgency that the ad.
on the gentleman yield?
this fiscal year. Now, that might not ministration appears to give to the Mr. BINGHAM. I yield.
be enough in the gentleman's view. It nonproliferation problem. I do not like 333 Mr. MARKEY. I would Hks to begin is not enough in my view. But I do not the emphasia that the administration just by complimen, ting the gentleman think the way to press for additional has placed on being a reliable supplier.
on
,od in the well, because nobody in the funding for that program is through There is something to that point, as in United States, much less in the Con-this kind of extraordinary measure-the gentleman has said. But here is a gress. gives more leadership on this and the gentelman has to agree that case where, if we adopt this amend-ra,
~
ith issue of nonproliferation than does this is an extraordinary measure. The ment, we would be substantially inter-the gentleman from New York, and he way to press is through the Fbreign posing on our allies-a matter of great has far many years been an articulate Affairs Committee, the issue should be question as to whether we are going to o
for and outspoken critic of the policies dealt with under the NNPA rather continue uranium shipments contem-y which have led to the spread of prollf-than in a sudden cutoff of exporta plated for research reactors. I think g,
eration in the world, but at the same under the NRC authorization bill.
that would contribute to the impres-et time. I would comment that this bill is Mr. SEIBERLING. Mr, Chairman, sion countries have that we tend to fly 3,
not a radical step. It is not anything will the gentleman yield?
off the handle and act impetuously re which will disrupt our relations with Mr. BINGHAM. I yield to the gen. and without consultation with them.
y, our allies.
t!eman from Ohio.
Mr. BROYHILI. Mr. Chairman, I E
a Rather, it is something which is Mr. SEIBERLINO. Mr. Chairman, I move to strike the requisite number of carefully crafted to avoid those prob. thank the gentleman, and I think that words.
4;e lems. It is not a guillotine clause. It is we all recognize the tremendous con.
Mr. SKEEN. Mr. Chairman, will the g
not a clause that says that all highly tribution the gentJeman from New gentleman yield?
enriched uranium has to be discontin-York has made to this whole subject Mr. BROYHILI. I yield to the gen-ued in international commerce.
p of nuclear proliferation and controls t!eman from New Mexico.
over the fissionable materials being (Mr. SKEEN asked and was given r-un!
te ue Regul tory Co sold abroad.
I mission determines in its discretion permission to revise and extend his re-I must say that I am also encouraged marks.)
'n that it is not feasible for a country to by his pledge to conduct appropriate Mr. SKEEN. Mr. Chairman, I rise in
~
'y make a conversion from the use of hearings on this in his subcommittee, opposition to the amendment which 18 highly enriched uranium to low en-and I certainly commend him for will begin a phaseout of the export of s
riched uranium or to middle enriched doing that, highly enriched uranium. After the is uranium, to any type of reduction from highly enriched uranium.
I nevertheless am inclined to sup-Iraal incident several months ago, the e
So. what we have done is put people p rt this amendment even though ! Markey amendment would seem to.
b b
on notice that we are going to put on recognize that we must be a reliable have obvious political appeal, but in the books, we are going to codify what supplier of uranium if we are going to my judgment, a legislative restriction e
is already implicit in U.S. policy, but have any leverage over actions by for. of this kind would be unwise and ulti-t we are going to do this because we rec. eign countries with respect to prollf-mately counterproductive to the ura.
E ognize that perhaps there are weak. eration, but we certainly do not want nium industry, the nuclear industry, nesses in this present administration's to be a reliable supplier of matenals and the administration's announced I
policy toward this proliferation issue.
which are easily converted into weap-national energy policy plan. The ad-The program that the gentleman ons. I am concerned about the seeming ministration, of course, opposes any from New York talks about, RERTR, lack of concern on the part of this ad-bill, or amendment which would pro-E is a program which was attempted by ministration and the tendency to jt.;t hibit the granting of export licensing this administration to be eliminated in sr.y. "Well, let everybody do his own for highly enriched uranium, and, any the budget process this year, or sert. thing. We are against controls. We are cutoff of highly enriched uranium ex-E ously curtailed. There is not any overt against regulations. Ist the* free ports would be contrary to the Presi-commitment by this administration to market govern."
dent's July 16 policy statement which demonstrating the capacity of provid.
But shen we get to the point where commits the United States to reestab-ing a substitute fuel for these reactors we are talk'ng about materials that lishing this Nation as a predictable p
in lieu of the use of highly enriched could blow up the human race, in and reliable partner for peaceful nu-uranium.
effect, we have to adopt something clear cooperation under adequate safe-So, I think we run the risk of doing, more than a mere market philosophy. guards.
=
by passing up this opportunity, is by The CHAIRMAN. The time of the Mr. Chairman, my own State of New not sending the correct signals to the gentleman from New York has again Mexico has a great interest in uranium White House; that is, we do not want expired.
enrichment. New Mexico is the Na-
[
to see a retreat on the nonprolifera-(At the request of Mr. Strarat1No tion's leading supplier of uranium ore, tion issue, a retrenchment from the and by unanimous consent, Mr. and, the majority of all known urant.
g progress that we have made over the BINCHAM was allowed to proceed for 2 um reserves are located in New years, but we also want to see further additional minutes.)
Mexico. And Mr. Chairman, the urani.
I commitment made to the development. Mr. SEIBERLING. So, I think that um industry is not prospering in the of RERTR, to a reduction in the sales the gentleman from Massachusetts land of enchantment, and at this time of highly enriched uranium overseas.
has made a real contribution by fore. let me highlight the very real plight of ~
We do not see that in this adminis-ing us to confront this issue. I remem. the domestic uranium industry in this tration, and this is a good opportunity ber a time when we could not get but a country.
E not to make any drastic change in handful of votes on the question of More than half the uranium miners polley. It only codifies what is now the Clinch River breeder reactor. We in New Mexico. Wyoming, and Colora-C practiced and at the same time to send now have a raising of consciousness of do are unemployed.
[
a signal to the administration that we the issue by virtue of the fact that it Two thousand nine hundred jobs E
want to see a reaffirmation of that has been repeatedly brought up in have been lost in Wyoming.
policy.
Congress, and I think we need to edu.
New mlne and mill closings are being Mr. BINGHAM. If I could reclaim cate this new administration as well as announced on an almost weekly basis.
my time, let me just make two points ourselves on the dangers inherent in There are now only four operating E
before I yield to the gentleman from highly enriched uranium. Therefore, I uranium mills in New Mexico, one of 2
s t
I-I w.
_L j
Ni CONGRESSIONAL RECORD -HOUSE November 5,1981 F '
H 8150 L
these, Ananconda. has announced To bring it up just all of a sudden is hir. BROYHILL. But, under the e
plans to close by March 1, affecting not very good.
gentleman's amendment it would s'
800 employees.
I also think he makes a very impor. appear that the Nuclear Regulatory This will leave fewer mills than at tant point in talking about the prolif-Commission is given that authority to. g any time since 1962.
erstion issue. We are all committed to make these decisions, and would in u The price of uranium has plummet. nonproliferation; this administrauon. effect blank out any of the opinions or p ed by about 50 percent in 2 years.
I think everybody in this Congress. any of the guidance from our foreign Uranium is an important strategic this whole country. There is not a citi. policy experts.
=
material.
zen of this country thpt I think would Mr. ROUSSELOT. Mr. Chairman.
-P 6
Uranium offers a safe, clean means be for proliferation of nuclear weap-would the gentleman yield?
l to generate the Nation's electricity.
ons. But, the fact of the matter is that Mr. BROYHIII. I yield to the gen-In closing, Mr. Chairman, the indus. If we are not a reliable supplier, if we tleman from California.
try is already beset by stringent new get out of the business of supplying Mr. ROUSSELOT. Mr. Chairman.1 Mt NRC regulations which other Oovern. highly enriched uranium, we cannot appreciate the gentleman yielding. I ment agencies have criticized as un. stick our head in the sand and say, was going to ask the author of the k, -
- Well, th' t is the end of it, it is not amendment if Jane Fondt. has en-a necessary and unjustified. Congress should avoid imposing additional bur. going to be around." because there are dorsed this?
U dens on the industry, and I urge the plenty of other countries willing to Mr. MARKEY. I think that any a
defeat of this amendment.
move right in when we give up that right thinking person who does not Mr. BROYHILL. Mr. Chairman, I leadership. So, I congratulate the gen-want bomb-grade materials sent recognize the concerns that have been tieman.
around the world has-- -
expressed here by the gentleman from Mr. MARKEY. Mr. Chairman. will Mr. ROUSSELOT. So she probably i
Massachusetts, and I certainly do not the gentleman yield?
has endorsed it?
k fault him in any way for bringing this Mr. BROYHff L I yield to the gen-Mr. MARKEY. If the gentleman in [
amendment up. I made my point of t!eman from Mm"arhusetts.
the well is going to put her at odds on g order because I felt that this is really Mr. MARKEY. Mr. Chairman, I this issue on whether or not bomb- %
not the proper forum and not the thank the gentleman. I just want to grade material should be commercially r.
proper place to address this particular make a comment on what the gentle-exported from the country I think we E issue. It seems to me that with all the man from New Mexico just said. We will have a debate on who is right h*
i very complex arguments and facts sur. are not here talking about whether or minded.
rounding this issue, that they must be not the United States would be a rell-Mr. ROUSSELOT. Well, she has deliberated in a far different forum able supplier or not. What this amend-been wrong on so many things, but Bj-search reactors in foreign countries What we are talking about is whether words, and I rise in support of the than just in a few minutes and a few ment is, is that the United States that is OK. If she has endorsed it, it is lines in an amendment in the House.
should continue to supply uranium to.OK with me.
9 I am told, of course, that conversion countries that need it in order to con-Ms. MIKULSKL Mr. Chairman, I '(
is in progress, that many of these re. duct their research reactor programs move to strike the requisite number of e
-[9 C,.hi can be converted, but it is going to we supply highly enriched uranium. amendment.
.h '
take some time. But in the meantime, medium enriched uranium, or low en-Mr. Chairman, this amendment is a I1 4gG.7 any cutoff of supply of uranium to riched uranium.
necessary action to implement a policy tj V ;Q these reactors could have the opposite What we are saying, the question which will help protect all nations a
iga effect of that that we might want. The here is not whether we are a reliable from the dangers associated with j~
39y i gentleman from Ohio I think, has supplier or not. The question is wheth-greater availability of weapons-grade
?
h%
made a good point, that we have to be er we are going to export indiscrimi-nuclear materials. The potential for A8
- f. - Q3 concerned about the proliferation that nately bomb-grade material for reac-theft by terrorists or other use of
[!
might occur if the United States tors that could use low enriched urani-these materials against the interest of
/(i f.:
df cannot be looked upon as a reliable um just as well to conduct the experi-the United States is significantly f-s../
supplier, becuse we must recognize ment in nuclear research.
greater as more highly enriched urani-Fg~? j;-
that there are other suppliers around So, all we are saying here is that we um is exchanged in international com-the world that have the capability just substitute, substitute low enriched merce.
as the United States does of providing uranium, substitute medium enriched The objective of this amendment is b.
highly enriched uranium. So it seems uranium for highly enriched, bomb-to reduce any unnecessary commerce I
Nh"M*
to me that the suggestion that the grade material. That is all we are in highly enriched uranium which
.,7 gentleman from New York (Mr. saying. We are not curtailing the could be used for nuclear weapons.
(e-EmcHAM) has made, and others have export of these materiais.
whiie it is true that some of the na-y made also, that we do need to do this Mr. BROYHILI. If I could reclaim tions receiving these materials already b
F 1
.)
and take a look at this in a very care-my time I think the gentleman is posess nuclear capabilities, the objec.
E ful manner in committee, is the best making some important points, but it tive of reducing the potential for nu-3 way to proceed..
seems to me that we should be rnaking clear poliferation by reducing total 1 f.4 I would hope that we would reject these points in an entirely different commerce in these materials would be e
this amendment, and let us proceed in forum and see if we could not craft,if realized by this amendment.
R..
a more careful and thoughtful and de-we are going to have legislation, craft The reduction in commerce of liberate way to address this important legislation that would be workable. I highly enriched uranium would not issue.
am also concerned from a technical result in any closures of current reac-Mr. LUJAN. Mr. Chairman. will the standpoint about the language here, tors which would still be eligible for gentleman yield?
because what we must recognize is supply if, in the discretion of the Nu-Mr. BROYHHL I yield to the gen. that there are some policy questions clear Regulatory Comminion, the ma-Y~
tieman from New Mexico.
here, and that the administration, terial was neassary to the continued Mr. LUJAN. Mr. Chairman I want work'ng through the State Depart. operation of the reeetors. This amend-A( $
to congratulate the gentleman for his ment is going to have a major role in ment represents a reasonable ap-statement. When he brought the point making these decisions.
proach to rducing the dangers assocl-H of order, I thought that was a very The CHAIRMAN. The time of the sted with international commerce in good thing to do, to highlight the fact gentleman from North Carolina has weapons-grade materials.
that we have not had extensive hear. expired.
The time has come for this country ings on this particular matter, wheth-(By unanimous consent, Mr. Baor. and this Congress to take action on n-M er we should be exporting highly en-mit was allowed to proceed for 2 addi-the rhetoric regarding nonpoliferation
((
riched uranium or that we should not. tional minutes.)
of nuclear weapons. Some may point
-~
1331
' November 5,1981 CONGRESSIONAL RECORD-HOUSE H 8151 r the out that this amendment alone will Since 1954 the United States has ex-likely, lose less. A successful Ma'rkey would not solve the problems associr.ted with ported timett 21.000 pounds of urant-amendment will tell the world that 4 tory the spread of nuclear weapons, but um, enriched 90 percent or more. to 27 our nonproliferation goals are genu-ity to this is a start. It is a reasonable at-nations. including South Africa, ine. Finally it will tell this administra-Id in tempt to eliminate some of the unnec. Taiwan. Pakistan, and Argentina. Be-tion and any that follows. that Con-
>ns er essary traffic of this potentially dan-cause an atomic weapon can be con-gress will not let it dismantle the Nu-teign gerous material.
structed from 20 pounds, we have ex-clear Non. Proliferation Act of 1977.
I urge my colleagues to support this ported enough highly enriched urant-Mr. BINGHAM. Mr. Chairman, will mnn*
modest beginning. -
. um to make 1.000 nuclear bombs.
the gentlewoman yield?
I addition, the United B'ates has O 1345 Ms. MIKULSKI. I yield to the gen.
sen-exported over 30.000 pounds of tieman from New York.
Mr. SEIBERLINO. Mr. Chairman, medium-enriched uranium, 20 to 80 an.I will the gentlewoman yield?
percent, to 16 countries including Ro-Mr. BINO!IAM. Mr. Chairman, I ap-Ig. I Ms. MIKMKI. I yield to the gen-mania. South Kma.- and Argentina. preciate the gentlewoman's yielding.
the tieman from Ohio.
Although technically not weapons Let me clarify two points. First of Mr. SEIBERLINO. Mr. Chairnian, I grade, as enrichment increases beyond all, we are not talking about exports to en-thank the gentlewoman for yielding.
20 percent, uranium becomes easier to power reactors. The gentleman from I think it is terribly important to make nuclear bombs.
Massachusetta made that clear. We any clarify this point of the United States This amendment may not halt the 'are talking about exports for research not being a reliable supplier. We want to spread of nuclear weapons immediate-reactors.
sent be a reliable supplier of the kind of en-ly but it will certainly slow it down Whether or not we are in a big ably riched uranium which is now conceded and is a first step toward lessening the hurry-and the gentleman from Mary.
to be the kind that would be almost nuclear bombmaking capacity of un-land is concerned about this-the ma-universally used in nuclear power-stable foreign governmenta or terrorist ena e h se researcl a ors to co s on
%e do not want to be a reliable sup.
T threat of nuclear proliferation vert. The table of expected exports
-mb-plier or a supplier at all of weapons-can scarcely be overstated. As many as shows the dates at which it is estimat-18I1 7 grade material, and it is time that we 40 countries, underdeveloped and un-t at e
rs com we sent a message to the other countries stable may have nuclear weapons by g
'ght of the world that that is the stand we 1990. Nuclear war anywhere risks esca. can be converted. The earliest date on are going to take.
lation to United States and Soviet in-that schedule is 1985.
has That is why it seems to me that is volvement, by deliberate intervention.
Mr. Chairman, the bul before us but the overriding foreign policy consider-miscalculation, bluff or panic.
only lasts for 2 years, so I do not see iis ation. despite the fact that there are Our strategy has the following, tor. how this bill can have any effect on some countervailing considerations, as tured, logic: Continue to export nucle-the problem whatsoever.
.I mentioned by the gentleman from ar fuel and equipment to keep our lev-Mr. WEISS. Mr. Chairman. I rise in
~ of New York (Mr. BufGHAu). I feel that erage; but do not use that leverage for strong support of the amendment of.
he we are going to set an example in the fear of losing it.
fered by the gentleman from Massa-world if we make that point clear, that Mr. Chairman, our serious mistaker, chusetta (Mr. MARKx1r).
- a we are not going to be a reliable sup-in the past have contributed to nucle.
Mr. Chairman, the specter of nucle-icy plier of weapons grade material, but ar development in India. Pakistan, at war is perhaps the gravest threat a
we will be of nonweapons-grade mate. Brazil South Korea, the Philippines we face in the world today. This ith rial to those countries that adhere to a and other countries through our amendment would help make the
^de similar policy.
supply to them of nuclear reactors, United States instrumental in control.
or Mr. Chairman. that is why this issue heavy water, enriched fuel, training ling the spread of nuclear weapons of becomes terribly important, and we scientists, as well as our spreading the and thus in limiting the possibility of cf must not address the question by phony notion that electricity from nu. nuclear war,I believe that the United ly saying that we want to be a reliable clear power will be inexpensive. But States, as the world's largest producer d-supplier, but let us supply uranium for these past mistakes should not excuse of weapons-grade uranium, has a spe-6-
the right purposes.
continuing to ignore the dangers and cial responsibility to fill this role.
Mr. LONO of Maryland. Mr. Chair. the economic waste of nuclear power.
The amendment would prohibit the is man will the gentlewoman yield?
Many wrongs do not add up to a right. Nuclear Regulatory Commission from cc Ms. MIKUIEKL I yield to the gen.
The nuclear programs of such coun. granting export Ilcenses for enriched th tieman from Maryland.
tries as India, the Philippines, and uranium which might be used to con-(Mr. IX)NG of Maryland asked and Brazil were never designed to help struct a nuclear weapon. Since 1954 e.
was given permission to revise and their poor. On the contrary, nuclear the United States has shipped abroad
- y extend his remarks.)
power requires excessive capital and some 23.517 kilograms of this weap-c.
Mr. LONO of Maryhnd. Mr. Chair-managerial skill, both of which are ons-grade material to more than 35 na.
2 man, a number of years ago I wrote an scarce and expensive in poor countries tions ranging on the political spectrum J
article in the Harvard Journal on in. and can only divert their limited re. from Romania to South Africa to ternational security, the title of which sources away from the roads, schools, Taiwan.
was "Can Congress Act in Time?"
and hospitals that the poor desperate-With these shipments the United
.f Time is of the essence tn this matter. ly need. In fact, the International States also has exported the capability g
During that period of time, country Atomic Energy Agency admits that it to construct a nuclear device. In the after country had been developing and costs more to generate electricity from past few years it has become evident z.
had been getting enough uranium a 600 MW nuclear reactor than from a that many nations--indeed, many indl.
=
somehow to develop a ben similar sized, oil fired plant, not count-viduals-may well have the knowledge John Maynard Keynes e nee said,"In ing the immeasurable costs of waste and expertise to construct a nuclear the long run we are all dead." Believe disposal and decommissioning, both of bomb. The dangers of such a weapon me. If we do not move fast on this which require. immense government in the possession of terrorista, unsta.
matter, we will all be dead. We should subsidies.
ble governments, or world leaders hos.
not just move along step by step. Ist In heaven's name vote for the tile to the United States really do not us get going and stop the export of en. Markey amendment. ;end out the need to be explained. We all are riched uranium.
message: Do not leave a legacy of nu. aware, I believe, of the crisis which Mr. Chairman, I support the Markey clear terror. Do not dump the burden would result should a nuclear threat amendment to phase out the export of of creating and cleaning up a devilish be carried to the brink of execution.
highly enriched uranium usable to mess on the U.S. taxpayer so a few It has long been our Nation's policy I
make nuclear weapons.
firms can make more money, or, more to oppose portiferation of nuclear 4
2 0:
H 8152 CONGRESSIONAL RECORD-HOUSE Nopember 5,1381
]-
weapons and the spread of weapons. We live in a period of uncertainty, The Subcommittee on Energy Re-grade materials. Yet we do not have where the random actions of small search and Production of the CommL any concrete controls on the export of groups or crazed individuals can have Lee on Science and Technology has e
such materials produced here. This a powerful effect on world events. We sole jurisdiction over the program to amendment would provide such a need only look to the ananzination of demonstrate the feasibnity of using mechanism, and I believe it is crucial Anwar Sadat and the attempts on the low-enriched uranium in research and that we act now to limit the spread of lives of the Pope and our President to test reactors designed foc high-en-nuclear weapons in all ways possible.
realize this. In addition, we live in a riched uranium.
I commend. Lhe gentleman from time when a single actor in the world I chair that subcommittee, and I can Maunchusetts for offering this comrnunity who is bent on self-aggran-unequivocably state, for the benefit of L-amendment and urge its passage.
dizement or terror, such as Ct,lonel the other Members. that it is too soon.
C e Mr. ZABLOCKI. Mr. Chairman, I Qadhaft of Lybia, can be frighteningly in terms of understanding tre technol-join our colleague, Mr. JONATHAN effeCilV8 in Creating instability and ogy, to require the Converst n to low-('
BINcHADt. in opposition to the amend
- misery. What we have not seen thus enriched fuel b
ment for a number of reasons, even far is any individual or group use the Even for U.S. research and test reac-though I do share the concern of the awesome power of nuclear weaponry tors, the conversion to low-enriched
~
gentleman from Massachusetts over to pursue their crazed goals. And this fuel is not now licensable by the NRC.
international commerce in highly en-is an event thst we must not see, that 'Ihe technology demonstration of the use of low-enriched uranium in only riched uranium. First, there has been we must avoid at all costa.
a promising, ongoing program in the We cannot allow ourselves to be an one type of test reactor is presently
'u United States to develop and demon-agent of nuclear proliferation' And the being conducted at the Ford reactor at strate nonweapons-grade fuels for use best way to avoid this role is to mini-the University of Michigan. When this in research and test reactors. After a mize our exports of highly enriched first demonstration is finished in 1984 s
period of initial resistance, the major-uranium GEU) Recent history has then. only three foreign reactors of ity of reactor operators the world over shown us that even a bright college similar design might be converted to e
now agree with the efforts of the student can design a simple nuclear low. enriched fuel. 'Ihis will depend
- F United States in this area and will device. Fbrtunately, one needs ad-upon the successful confirmation that I
cease to use highly enriched uranium vanced equipment and highly enriched appropriate technology esists.
as fuel once low enriched substitutes uranium to build one. However, there Additional demonstrations are become available. If the program is are many countries which are not cut-planned for other types of reactors funded at the appropriate level. It is rently members of the " nuclear club'* after this first demonstration. 'Ihe r
conceivable that by tha middle of this but are willing to devote the resources second such demonstration would be decade there will be only a handful of to join. We must not facnitate their complete in 1987. The import of this$
research mactors around the world membership.
7' is that for 90 of the 93 affected foreigr still using highly enriched uranium. In The Markey amendment provides a this light, therefore, I would sugW simple means to phase out our expor* research 4nd test reactors, the infor-mation base to determine the advis-that the gentleman direct his efforts tation of nuclear weapons material.
+
ability and technical suitability cf toward assuring full funding for the While it prevents new commerce in advanced reactor systems program at IIEU, it still allows us to fulfill obliga.~ switching to low-enriched fuel will not L
be available until late this decade or I
the Department of Energy, and I will tions to our allies. It greatly strength-be more than happy to offer my un-ens the incentive for those who must early next decade. Even then, not all quallfled support in this regard.
Import uranium to fully convert to low these reactors may be converted to I'
low-enriched fuel since sorne research Y' ~
Second. the amount of highly en-enriched uranium reactors.
riched uranium the United States ex.
In addition, it establishes the Con-pems r@c h very Mgh na ports is actually rather small, and the gress real and substantive commit-e energies oMaMe only wh h g,
g individual exports go to countries with ment to nonproliferation. I believe e
ed fud reactors which, for technical reasons, that it is vital for the United States to This amendment is clearly antinu.
will find it more difficult than mmt to maintain its such a commitment. Not clear la character and is a direct af.
t convert to lower enriched fuels. The only does it earn us the respect of front to our Western European ames.
[.
major recipients of highly enriched those committed to peace and sanity, Japan, and other allies that entered
{
uranium from the United States are it also strengthens our bargaining po-the test and research program with Japan Canada, the members of the sition with other nations as we seek to ou support. There is no proWeraum European Community, Sweden and gain assurances from them that they threat in supplying these reactors Switzerland. Others to which the will not provide other nations with the with fuel as the sponsors of the United States has exported HEU have means to develop nuclear weapons.
amendment would have us believe. All agreed to convert to lower enriched I urge my colleagues to support the of these reactors are subject to the In.
fuels at the earliest possible date, and Markey amendment.e ternauonal Atomic Energy Agency understand that any further exports Mr. UDALI. Mr. Chairman. I ask safeguards or other equivalent stand-are only designed to serve as an inter. unanimous consent that all debate on ards meeung our requirements.
im solution until their respective reac-the. pending amendment, and all The sponsor of this amendment tors have been converted to low en-amendments thereto, cease in 10 min. would also have us believe that this Lj riched uranium.
utes.
additional qualification on our supply.
Third, from a procedural standpoint.
The CHAIRMAN. Is there objection ing fuel is of no consequence since the this amendment would place the Nu-to the request of the gentleman from amendment contains an excepuon if clear Regulatory Commission in a po-Arizona?
conversion to low-enriched fuel is not
=
sition of having to determine whether There was no objection.
feasible. Does this mean technically 1:
or not certain reactors can be convert-The CHAIRMAN. Members standing feasible or economically feasible, or ed to low enriched uranium, a task at the time the unanimous consent re. some combinadon. This exemption cri.
which currently falls to the Depart-quest was agreed to will be recoanized teria is no guidance for the NRC. As ment of Energy and which the NRC is for I minute each.
eaamples of the problems that NRC r
technically incapable of performing.
The Chair recognizes the genue. could be faced with, one could ask-ri Finally, although supporting the woman from Tennessee (Mrs. Bou. What should the NRC do if it is feasi-
{
intent of the amendment of the gen-QUaRD).
ble to convert the reactor to low-en.
[
tieman from Massachusetts, am re-(Mrs. BOUQUARD asked and was riched fuel but some of the important gretfully unable to support the given permission to revise and extend investigations could not be completed.
't amendment itself.e her remarks.)
such as research on structural materi-
. e Mr. HUGHES. Mr. Chairtaan. I rise Mrs. BOUQUARD. Mr. Chairman, I Ms or new fuels as is done in Belgium, in support of the Markey amendment. rise in opposition to the amendment.
Canada, and France? Also, what if the
<.t 4 '
1, i
1981,
Re.
November 5,1881 CONGRESSIONAL RECORD-HOUSE H 8153 2mit-NRC should decide convtrsion is tech-Tha CHAIRMAN. The Cha!r recog-ons grade materials accessible is con-has nically feasible but there is some com-nizes the gentleman from Pennsylva-trary to our nonproliferation policy 3k promise on safety? This is the case as nf a (Mr. FoctrrrrA).
and our commitment to nuclear arms tsing it exists today for s11 the research re-Mr. RICliMOND. Mr. Chairman, control and disarmament.
and actors since the program to confirm will the gentleman yield?
If we do not accept this amendment b'D-the safety of using the low-enriched Mr. FOOLIEITA. I yield to the geu-today and we do not restrict our com.
fuel will not be finished for many tieman from New York.
merce in highly enriched uranium how can years.
(Mr. RICHMOND asked and was can we continue to impress upon the It Of
'Ite sponsors of the amendment ex. given permisalon to revise and extend world the dangers of nuclear prolifera-
- Don, plained in a " Dear Cb!!eague" letter his remarks.)
tion.
not-that the amendment will" demand an Mr. RICHMOND. Mr. Chairman, I Mr. FOOLIEITA. Mr. Chairman I IO*-
intensive study of these Heenses and a thank the genticman for yielding Tise in strong support of this amend-future cutoff of highly enriched uranj.
Mr. Chairman, I rise to expreas my rac-um * * *." The licensing process al-strong support for the Markey Amend ment, hed ready takes about 3 years and I am ment to the Nuclear Regulatory Com-The proliferation of nuclear weap-ons is the greatest threat to the world FtC.
sure an intensive study of each reactor fnission authorization bill. I urge my today. Tensions among nations are in-th e will delay it even further. Addational-colleagues to support this amendment creasing, and leaders of those natJons nly ly, the amendment provides no money 6 prohibit the granting of export 11-are becoming more and more distrust-censes for highly enriched uranium.
17 or manpower for these studies in an Commerce in highly enriched uran! ful of each other. A greater number of h' rt s' ready reduced budget cilmate. Is this nations are gaining freedom and is the message of reliability that we want um poses a serious threat to world 84 to send to our allies? I think it is not, peace. Uranium enriched to greater independence every year, and by their ff Do not be fooled into thinking this ts than 90 percent nennfum-235 can be very nature are unstable. Their inex.
to a vote on nonproliferation. We already used to make atomic weapons. It only perienced leaders are looking toward the acquisition of advanced technical nd have numerous nonproliferation re-takes 20 pounds of highly enriched iat quirements on our trading partners uranium to fashion a crude atomic and atomic weapons to protect their that stringently protect our nonprolif. bomb. The bomb dropped on Iliroshi. countries. This is an extremely vola-Je cration goals. I urge you to vote "no.,
ma 36 years ago. killing over 70,000 tile-and. I think, a very scary-situs-tion.
Its on the Markey amendment.
people and injuring 100.000 out of a Mr. Chairman I strongly believe D
The CIIAIRMAN. The Chair recog. t tal population of 344,000 was made
)e nizes the gentleman from Ohio (Mr.
the same substance we export that the production and exportation 1s, McEwtN).
of enriched uranium-which is essen-gg gas shortly after the bombing of tial to the production of atomic weap-in (Mr. McEWEN asked and was given Hiroshima and Nagasaki that the onsahould be scrupulously mont-r-
permission to revise and extend his re-United States began to develop poll-Lored and limited. The more that en-marks.)
cles to prevent the spread of atomic riched uranium is being marketed in 8f Mr. McEWEN. Mr. Chairman, I rise weapons. In order to insure our long-W world, me greater the ukenhood is it most strongly in opposition to this standing commitment on curbing the that it will fall into irresponsible ir amendment or any other amendment spread of nuclear weapons we must hands-and be used in a negative way.
11 which would circumvent bilateral ne-cease the exportation of materials We must deter the production of o
gotiations by the United States on the that could contribute directly to a atomic weapons in our own Nation and 1
export of highly enriched uranlunt
. country's ability to build nuclear discourage their stockpiling in the This unilateral peremptory actJon weapons. With our current export other superpowers. And more than
?
by the United States would scad a policy the United States cannot effec-that, we must not encourage the most damaging signal to our interna-tively support international efforts for spread d these weapons to au caners tional customers of enriched uranium, the control of weapons grade materi-M W wwld.
and it would negate our renewed ef-als and thus we are running counter to It must be obvious to every one of forts to establish our position as a re-our goal of alowing nuclear prolifera, my colleagues that the health and sponsible, reliable supplier of enriched tion future of all the people on this planet uranium. This precipitous action I1ie United States can provide a rell, depend in part on our vote today. We would echo the effect that eindng our able supply of nuclear fuel with urani. have a great responsibility and a great books to new uranium contracts had in tun that remains below weapons grade opportunity here at this moment, and the early 1970's. That act!on has virtu-levels. Low enriched uranium can be I urge and implore my colleagues to ally destroyed our future international used for the operation of nuclear elec. support the amendment offered by market for enriched uranium.
tric powerplants and most research re-MT MAREEY-The result then and the unavoidable actors throughout the world. Reactors The CHAIRMAN. The Chair recog.
result now would be to stimulate the that could not be converted to low en. nizes the gentleman from New Mexico growth of other foreign competitive riched uranium would be exempted (MT UM suppliers for this market.There would from the prohibition and no current Mr. LUJAN. Mr. r%strman, it seems be little long-range effect on the research reactors would be shut down that when we get on this subject supply of highly enriched uranium to as a result of this prohibition on the snatter, the level of rhetoric really the international users, but there export of highly enriched uranium.
goes up. We hear where the United would be a great deal of long-range ill The Markey amendment is consist. States indiscrirninately exports urani-will created in the international com-ent with the broad proliferation prin. um.
munity toward the United States ciples expressed by the President on The fact of the matter is that the from, as the gentleman from New July 16,1981 and 5 consistent with uranium goes to our friends and allies, York pointed out, our friendly custom-the Nonprollieratfor, Treaty of 1970 and that certainly is not an indiscrimi-ers.
which recognizes the right of a!! coun. nate exporting.
The rest tragedy of this proposed tries to develop, research, produce, We hear about making weapons as if action is that in this area of nuclear an't use nuclear energy for peaceful anyone could just walk in and take use the efforts of the United States to purposes without discrimination.
uranium and manufacture weapons.
corwince foreign customers to shift to We cannot ignore the dramatic con. The fact is that they need highly com-lower enriched uranium products has sequences of nuclear weapons prolif. plex production and laboratory facill-met with respons6venes and continu-erstion. It is a tnajor concern to all ties.
Ing success.
~
Americans today, as evidenced by I have even heard it said that this The CHAIRMAN. The time of the recent polls which show how great the amendment might preclude us from gentleman from Ohio (Mr. McEwas) fear is among our citizens that nuclear responding to a nuclear attack from has expired.
war is a serious threat. Making weap-the Soviets because we would be ex-9
H 81H CONGRESSIONAL RECORD-HOUSE Nopember 5,1881 porting weapons grade material in re-forts. There is no doubt that we must To protect the RERTR program.
sponding to such attack. -
do all that we en to reduce the which has had a premrlous budget for t ;
So we set on these kinds of arsu-demand for export of highly enriched the past 3 years, my staff and I have ments, and the rhetoric rises. But the uranium for research reactors, but worked with the principal staff and facts are, Mr. Chairman, that we until we can achieve that goal in a res chairmen of the House and Senate Ap-cannot live with this amendment.
sonable way we must not irrationally propriations Subcommittees dealing (By unanimaus consent, Mr. WEAVEm cut off our allies.
with RERTR, and with the manage-p yielded his time to Mr. mamrT).
I ask for a "no" vote.
ment of DOE. I welcome the future The CHAIRMAN. The Chair recos-The CHAIRMAN. The Chair recos. support of Mr. BINoMAas and Chair.
nizes the gentleman from New York nises the gentleman from New York man ham in continuing this b
(Mr. BINGHAas).
(Mr. OTTINosa).
effort.
g~
Mr. BINGHAM. Mr. Chairman. I Mr. CyITINOER. Mr. Chairman, I Needing $5 million annually to com-think I made the main points that I rise in support of the amendment, as I pete its work expeditiously. RERTR had in mind to make, but let me just did before.
received a $1 million appropriation for n
add a couple.
I think the important thing here is fiscal year 1981. It survived with help This is a technical question. It is not to send a signal to thh administration from the State Department. As late as li an easy one. The gentleman from Mas-that is seeking to weaken the nonpro-mid-October, however, middle manage-I sar&.cetts (Mr. MAaErr) well knows liferation treaty and who just recently ment at DOE in response to the con-m 6. occause he has been through five sought to circumvent the shipment of tinting budget fesolution, had sched-l-
r' different versions of this amendment materials to Brasil, and to tell them uled it for 80.5 million, a termination trying to arrive at a reasonable solu-that the Congress is really serious budget. On October 27 I was told by
(
i tion. I think the very fact that he has about nonproliferation and sees this as DOE management that pending the L
i changed one word in the last version one of the greatest problems.
appropriation bill, RERTR will be T
i (By unanimous consent, Mr. 07-budgeted at about 83 million for fiscal
(
l, I m nti the fact that n are not opposed to the export of medium-en TINoEn yielded the balance of his time year 1982. Clearly, there has been and e
to Mr. MAaEEY.)
will continue to be a strong effort I,
riched uranium. This amendment, The CHAIRMAN. The Chair recos made to preserve this program, and however, would preclude that, because nizes the gentleman from Massachu-this amendment is intended as firm medium enriched uranium is in the setts (Mr. MAaEET).
support for that program neighborhood of 40-percent enriched.
Mr. MARKEY. Mr. Chairman, this So I say to the gentleman from New That is a minor point perhaps, but it is amendment is not a radical amend-Mexico, Mr. LUJAN, who said we Could an indication of the difficulty of this ment, but it is not an unnecessary not live with this amendment, I would
[
problem.
amendment. It is one which sends a argue that we cannot live without it. It f
Finally, let me just point out that the NRC is not equipped to do the job signal to the administration that the is time for the United States to make a that the sentleman suggests they Congress is serious about putting to-statement, to make a statement to the g~
must do here. There is no funding in gether a nonproliferation policy which world, and to not wait for others to I
this bill to permit them to do the job. has some real teeth in it.
make the statement before us that we
[
They are already busy enough. They We give to the Nuclear Regulatory no longer will condone, we will no o
are already falling behind on the jobs Commission the authority and the longer sanction those kinds of experi-they have to do. Ist us not load them ability to grant exemptions, to grant ments to go on in countries that use down with another job that is diffi. waivers to those countries which are bomb grade highly enriched uranium.
cult, technical, and probably unneces. not technically, feasibly capable of We will supply them uranium and sary.
converting their reactors from the use help them in their nuclear technol-i The CHAIRMAN. The Chair recos. of highly enriched uranium to low en-ogles, but we will not be the vehicle by nizes the gentleman from California riched uranium.
which they will obtain the materials which allow them or someone they (Mr. ldoonnEAD).
O 1300 (Mr. MOORHEAD asked and was give this material to have access to given permission to revise and extend But we established a presumption bomb grade highly enriched uranium.
his remarks.)
that no longer will the United States I hope, with enthusiasm, that this Mr. MOORHEAD. Mr. Chairman, I engage in the international transport Congress will endorse this position. It k
rise in opposition to the amendment.
of highly enriched uranium without a is a modest step, but it is a necessary U.S. highly enriched uranium is ex. really compelling reason for us to do one. It sends a signal to the admints-ported primarily to Western European so. We will put pressure upon our tration that we mill not accept their j
countries and Japan for use in ap. allies, upon all nations of the world, to retrenchment from a nonproliferation I
proximately 60 reactors. All of the re. begin the process of backing out of policy which is very evident in all of s
search reactors in question are subject this commerce in highly enriched ura-their policies.
4 to International Atomic Energy nium, to indeed serve as a reliable sup-The CHAIRMAN. The time of the i
Agency safeguards or abide by equiva. plier of low enriched uranium, to give gentleman from Massachusetts (Mr~
lent standards. Most research reactors them access to low-enriched uranium MAnxrY) has expired.
can in time be converted from using which makes it possible for them to highly enriched uranium to using low. conduct their nuclear research but not The Chair recognizes the gentleman enriched uranium, and this conversion to simultaneously, concomitantly, run from Arizona (Mr. UDALI.) to close i
process is now underway, the risk of nuclear proliferation. We debate.
Cutoff of highly enriched uranium must reduce the risk of bombs making Mr. UDAIA Mr. Chairman, I sup-to our allies would jeopardise the con. programs being developed in countries port very fervently most of the goals version process and it would harm our with this material.
the gentleman from Massachusette e
relationship with some of our closest Before I conclude,I would like to ad. (Mr. MARxty ) and his colleagues hwe allies who cooperate with us on peace. dress a misleading statement which been taking about here in relationship ful nuclear research.
was put forward by the gentleman to this amendment. But for the rea-I Additionally, if the United States from New York (Mr. BINGHAM). Mr. sons stated by the gentleman from were to cut off the supply of highly BINGHAM quoted from a statement by New York (Mr. BINGHAM). I personally enriched uranium precipitously there Chairman ZAstoCKI expressing the will vote no on the amendment and I could be an increase in the number of desire that my efforts on the highly urge my colleagues to do likewise.
t highly enriched uranium suppliers enriched uranium lasues be focused on The CHAIRMAN. The question is on i
outside of the United States. And this, retalning funds for the RERTR pro-the amendment offered by the gentle.
I of course, would have a serious detri-gram. Let me briefly summarize my man from Mammachusetts (Mr.
mental effect on nonproliferation ef. work on behalf of this program.
MAanry).
i
\\
bd
~
s
h 1881.
November 5,1981 CON'GRESSIONAL RECORD-HOUSE H 8155 DEram.
- The question was taken; and th) soit wuarsons as"-*r
'our intention with regard to firitshing ret for Chairman announced that the moes $g UZ 8 harp up this bill. As far as I know. th;re is 3,
I have appeared to have it.
mbbud m Dohan SheRpy Only gne amendment, which is gener-and ancoassa vers 8""
"***8*"'ry shumway ally acceptable on both sides. I am ad-Mr. MARKEY. Mr. Chairman. I NN NEhead g
vised. I am advised that there is one AD' baling amen request iar a colloquy. which abould demand a recorded vote.
Intand wanton knage.
Jettrhe asurisiy ametten take a couple of minutes. at the most.
Future A recorded vote was ordered.
Jeterm mrtaa amata (AIJ So if all goes well. and we have the co-h, The vote was taken by electronic Jesstom Minn mana twr>
operation of the Members, we should thh device and there were-ayes 100. noes #g*8 l%
, @ trA) 293, not voting 40. as follows-a-,
mean acan a next 10 minutes.
I I com-aoY fn*'hois Mr. Chairman. I would be willing to a
ERTR AYES-lee x,aner o anen staneetand yield to the gentleman from California 3 for Addabbo Ormy Pursed LaFates Opry mentan (Mr. MoonazAD) for that colloquy. If h
Atata mas son >
nansen Aas-rasmo Parns acasen he wishes.
hel
- M" m"N' tonI'h
mus Mr. MOORHEAD. I thank the gen-a r
nen nage.
seaenson uushes pa
- w Imata Pease Rump tleman for yielding.
) con-Ben 3 amin Jambs Rinale P"*"
8'US Mr. Chairman. I would like to ask thed.
M*h
$$w, gd Ta"stn my friend and distinguished chairman tarttan u
ation scruar undee sano sowu Puk nemas of the Interior Committee some ques-by samer tantes scanceser IJ'me'tco Purser Tsanner tions concerning the compromise lan-the 8"rton,' ohn Schunwr" tons MD) is (LA) ard guage on State Consultatlon in section be surton. rbuup towry (wA)
Sefbemns tatt Rahau Vander Jast 11 repealing the 8 holly Court decision.
1 scal coluns in.>
Marter shannen sawary tCA)
Ramback htk=u Am I correct this section requires cona mrreales easta m) -
AmJan aneuan wain *'
Land that consultation with the States in no fort coyn"wunam st E[rmam tunErw atstns way be construed to delay the effec-
'and Dascha menusa starg Innsna Robuta(x83 weher toID tive date of a no significant hazards 11-l firm oeuums uma ans
- acome, m e. san a.berta saos h'*
cense amendment?
l U
Nwy" Am I also correct that by consulta-l l
- "eny umn' syn'ar nee oo, New Dorsan unchen two) vente Warriott noemer whettaker tion it is intended when practicable. a D
amcaeu mTa wassen matanna.
Jesm wma*=
State. through the Governor or his Duld N"awy NaNt m'n" designee would receive notice of the l
suld ards <can x
ntoests 1 It reans <Dn meu wearer m"o" noch worr proposed license amendment, the l
g raza pernsan weberaan uroory nouserest warney NRC's eraluation of the license
. the y'g'"a""
o""x,"
E US""
auI Nw
- amendment and !!a proposed decision l
h to rosuetta oberstar
- worp, ucDormed aussa vatron on the ameriament, and the Governor we ywrd <wn obey wy.
werwen enraard YonastAio or his designee would have an oppor-
'n Frank Ottansn Tates h 'h sawyn hung (yLa tunity to make comments on the Vro-N 4"'"
,P",,",,*
7 hu[
f posed amendment prior to its issuance.
D' use Mhel 8"ermreenwr Am I correct that in no way does un.
NOES-293 gy consultation give the State a veto or nnd Albesta Cknas pmana concurrence right over the proposed 11 ml.
Akzander coethe rhauer dade"**
P"A**
cense amendment or a right to a hear-
)by N
N m3 "N',
.ing on the amendmant-or a right to yt,
lals Anthony oinabte rnman Brown tom Oote=aser nous ena insist on delaying or postponing the icy Applegate Corcoran PHsgo Chisholm Hawuns envece effective date of the amendment? Am
!to Nb[ook U "r m'*
I also correct consultation under this runs m3 Crortett 8
1A)
Lm.
Asptn -
Coyne. James rtirsythe Dactard Huckaby Smith t OR) seCilon in no way alters present proVI-his Atuna a crats pe=taan D*==i Johnsten Tayter slons of law which reserve to the NRC sadharn crane. Danset rowler Dus Ja*as mca m amatvT exclusive responsibility for setting and i
",ngguo,
$7 o%
r$
$mnan enforcing radlological health and
' D 3
3 B&Dey(PA)
Daniel. Den Oephardt Florto Marun GrT)
Safety requiremenLs for nuclear power.
eir 8""
D'^3 " *-
U**""
DIADI'?
ED B"b Em"n"s*"ch O 1415 Finally, am I correct that consulta-yer M
anus-Daub anman The Clerk announced the following nest-m Dens ocodans s-vn.
enaous o.m pairs:
section when practiciable, and in some D'",','.,*'
.@n On this vote:
cases the NRC, despite good faith ef-o, forts, cannot contact the Governor or Mr. Cteekett for, wth Mr. Jones of North his designee and thus would not be a t-su;ey Derwinsu oreen b
Boses Dinsee Grans Carohna against.
Quired to consult prior to the effeCilVe soaand oorman oranam Mr. Hawkins for, sith Mr. Hud.aby Boner Dougherti cuartas against date of the license amendment? For souquard Dowdy ounderson Mr. Eckart for, with Mrs Roukema example, a utility may request a non-news Dreier naredora against.
safety-related license amendment late 8"*"8 D""**
H'H "S*h 3
Mr.0arria fer. wfth Mr. Johnsten arainst. on a Friday afternoon. and the NRC 8N#
"o",",",
N' sM Mra-Cmaholm for, with Mr. Frenrol may not be able to contact the Gover.
"I"*
nor or his designee before the week-Broornnetd DymaDy Hammeruheldt nrown 4CA)
Dyson leanee Mr. Savage for, with Mr. Taylor against-end, despite good faith efforts. Am I Brown tcO)
Edwards t AL) Hansen (ID)
So the amendment waa rtjected, correct that in such a case, the NRC d#*
"Y The result of the vote was an-would be able to make a no significant s r ener suuer anery nartnett afbunced as above recorded.
hazards license amendment effective Byron Desuah Hataber Mr. UDAIA Mr. Chairman, I snove without prior consultation, if neces-C*
to strike the last word.
sary to avoid the shutdown of the carman ovn carrwy artes nendon (Mr. UDALL asked and was given powerplant?
chappen zwans < Den sushtoser permission to revise and extend his re-Mr. UDAIL I thank my distin-Q,^,'
$3, marks.)
guished colleague for his excellent Clauern Pary Houand Mr. UDAIL Mr. Chairman, a questions regarding the interpretation cumsw raaren noumbeen number of Members have asked about of State consultation in section 11. My
f-.
b,&
r.:
i H 8156 CONGRESSIONAL RECORD-HOUSE November 5,1981 9
1 i
colleague is correct and my answer to Does the language relating to the no massumessure orreams av nsa. wussa y
his questions is yes in all respects.
significant hasards determination Mr. WAIKER. Mr. Chairman. I e
Mr. MOORHEAD. I thank the dis-mean that the ranmmi=lan win only offer an amendment.
p tinguished Member for his response.
grant license amendments in situs-The Clerk read as fonows:
7 (Mr. MOORHEAD asked and was tions where there are no significant Annendment offered by Mr. Wmma On given permission to revise and extend safety questions raised?
pase le fonowins line 30 add a new section p"
- his remarks.)
Mr. OTTINGER. If the gentlewosn as fonows:
Mr. MOORHEAD. Mr. Chairman. I an will yield, the sentlewoman is aboo.
esc.14. No funds authertsad to be appro-move to strike the requisite number of lutely correct.
D'tated under this Act may be used by the
- h. t C"""'"'*" *8"
""# 'I"I"3 ""
words.
Mrs. SNOWE. Would the genueman I commend my coueague for his anticipate this no significant hasards Ye"Mu N ear leadership in achieving the broad, bi-consideration would not apply to 11 tar Number Two into the Susquehanna partisan compromise agreement on cense amendments regarding the ex. River or its watershed.
)
this important bill. I would like to pansion of a nuclear reactor's spent i
clarify two points with him-fuel storage capacity or the reracking 0 1430 First, is it not true that section 12 of of spent fuel pools?
(Mr. WALKER asked and was given 8
this bill is narrowly and strictly limit-Mr. OTTINOER. If the sentlewom-permimion to revise and extend his re-
' F ed to those powerplants which may be an will yield, the expansion of spent marks.)
F~
completed and ready to operate during fuel pools and the reracking of the Mr. WAIJet'R. Mr. Chairman, this b'-
fiscal years 1982 and 1983 only?
Mr. OTTINGER. If the gentleman. spent fuel pools are clearly matters amendment is self-explanatory and I which raise significant hasards consid-think it is noncontroversla!. There is 4
win yield, the answer is yes, my col-erstions, and thus amendments for no stated opposition to the substance league is com Mr. MOOP5rs*An. Current p ojec such purposes could not, under section of the amendment and I would ask for H,
11(a), be issued prior to the conduct or its approval I
i tions are tha anya m t
completion of any requested hearing Mr. Chairman, many of those who plan p
or without advance notice.
live in the shadow of Three Mile time period, and it is lanportant mat Mrs. SNOWE. Could the sentleman Island no longer trust their Oovern-th w th clarify the meaning of the further lan-ment or the scientific community.
g e
ay o t,
guage in section 11(a) which states Based on their experience during the g
o eligible to apply for temporary operst-ta Cmnm%n shan emult course of h TMI accident, and h I-t ing lice de section 12.
with States *in which fac1Htles under intervening period, they cannot help
( ;
Secon not true that temporary operating licenses may be issued for considerauon fw a liense amendment but believe that they have been re-s-
w D
m pestedly Hed to, and that hy haw p
up to full power operation under sec.SM kauance of h Hese amend-ben used as unwining guinea pigs.
tion 12 but must be initially limited to snent-Despite all this, we have not turned fuel loading and low power tesung, Would I be correct in assuming that. Our backs on nuclear power. We recos-and operation at higher power levels in a vast majority of the - the Nu nine that there must be a place for the under the temporary license may only be undertaken with further authoriza clear Regulatory Commission would nuclear option in America's energy find it practicable to consult with the future. But we want assurances that b
tion by the NRC7 Mr. OTTINGER. Mr. Chairman, if affected State, and onFy in rare and controls will be better in the future.
L i
the gentleman will yield, it is my un-unusual instances would the Conunis-We want assurances that governmen-t:
derstanding that only plants which in sion find it impracticable to involve tal and scientific response in case of L
the State in a license amendment dis-future accidents wHl be far more
{.
fact are subject to licensing delays cussion?
rr.pid, far better organised, and infi-would be subject to the temporary op-t erating Ilcenses. The number of plants Mr. OTTINGER. Again, the gentle-nitely more accurate than they were Is correct. But the provision only goes woman is absolutely correct.
at Three Mile Island.
~
into operation with respect to planta Mrs. 8NOWE. And the last question:
But most of all we must let it be that may be delayed by the operaung Could the gentleman clarify the mean-known that we will no longer be used l,
Heenses.
Ing of the further language in section as guinea pigs.
4 Second it is my understanding. from 11(a) which states that the Commis-Today, I rise as the author of an the language of the statute. that in sion shall consult with States in which amendment which, quite simply, says order to go from a 5 percent fuel load. facilities under consideration for a 11-that we will no longer be experiment-5 ing to a higher power level, an amend. cense effective date of a license ed with without our knowledge or per.
ment would be required, and that amendment. Could the gentleman mission, that we will no longer be put L
amendment would be required subject assure me that this would not mean at risk without our permission; and ir to the ordinary procedures of the act. that the NRC's actions would be influ-that, sadly, we no longer believe Gov.
7
'i Mr. MOORHEAD. I thank the gen, enced more by the desire for speedy ernment scientists when they tell us tieman from New York.
action than by the necessity to assure that there is no danger to small expo-Mrs. 8NOWE. Mr. Chairman. I move public safety in license amendment b';
to strike the last word.
cases?
' sures to radiation.
The issue addressed by this amend-Mr. Chainnan. I would like the Mr. OTTINOER. I can assure the ment is the eventual fate of more than -
p-engage. for a moment. in a colloquy gentlewoman that if a question of 600.000 gallons of radioactive water l
with the chairman of the Subcommit. public safety is involved. these proce-which resulted from that accident h
tee on Energy Conservauon and dures would not be used, for the pro-more than 2 years ago.
Power.
posed amendment would then involve Startida only days after the acci.
I think some of the language needs an lasue which did raise a significant dent, plans surfaced to dump that rs.
further amplification.
hasards consideration. I believe that dioactive water into the Susquehanna I would like to ask the gentleman for when safety is a question desire for River. There has been a smokesereen an explanation of the language in sec-speedy action should not be a factor which has led many people to believe l-tion 11(a) of H.R. 4266 which allows unless the failure to act creates an that the radioactivity can be filtered the Nuclear Regulatory Commisalon even greater danger under the act.
from the water. That is just not possi.
to issue and make immediately effec-The sentlewoman's questions are ble.
I tive amendments to a license for nu. very good ones.
The water itself is radioactive. Trt.
clear power reactors when the Com-Mrs. SNOWE. I thank the gentle-tium, a radioactive isotope of hydro-I mission deterraines that the amend-man for establishing more precisely gen, has replaced hydrogen as one of j l ment involves no significant hasards and clearly the legislative intent of the atoms in the molecule of water considerauon.
this legislauon.
inside the damaged reactor. The radio.
Y,.l I
h
[
5
V i
fB81 '
hember 5,1331 CONGRESSIONAL RECORD -HOUSE H 8157
'. I activity cannot be filtered out. It th;y finally feel their backs against If not. th2 cuestion is cn the amend-n cannot be reversed. It cannot be neu-the wall.
ment in the nature of a substitute. as tranzed. The laws of physics cannot be The economic advantages of river amended.
repealed. The only way the radioactiv-dumping are small. The value of lost The amendment in the nature of a
- On sty can be dissipated is through natu-public support and destroyed govern-substitute, as amended, was agreed to.
cuon tal radioactive decay. The nuclear mental credibility are potentially very The CIIAIRMAN. Under the rule, half. life of tritium is approximately 12 great. Surely one balances the other U'e Committee rises.
and one's duty to protect the public Accordingly the Committee rose;
- years, Any dumping of that water into the health and welfare mitigates in favor and the Speaker having resumed the
[h*
Susquehanna River, regardless of fil-of our acting to protect people over chair. Mr. OuCRMAN. Chairman of the 6
tration, and regardless of dilution, will protecting mere economic advantage.
Committee of the Whole House on the be the introduction of radioactMtF Mr. Chairman, my amendment State of the Union, reported that that mna into a river which is the source of places a limitation on the use of funds Committee, having had under consid-drinking water for tens of thousands by the Nuclear Regulatory Commb erstion the bill (H.R. 2330) to author-of people who lived through the Three sion to further any intentional release tze appropriations to the Nuclear Reg-Mile Island incident. It would mean in-of radioactive waters resulting from ulatory Commission in accordance ven troduction of more than 600.000 gal-the accident at Three Mile Island reac-with section 261 of the Atomic Energy
. re.
lons of radioactive water into a river tor No. II into the Susquehanna River Act of 1954, as amended, and section
- his which is a major source of fresh water or its watershed. The author of the 305 of the Energy Reorganization Act dI for one of the finest estuary. systems amendment wants only to insure that of 1974, as amended, and for other
>!s in the world, the Chesapeake Bay.
this radioactive water is not intention-purposes, pursuant to IIouse Resolu-The adverse effects on the environ-ally dumped into the Susquehanna tion 217. he reported the bill back to hee for ment cannot be calculated. The poten-River when there are other alterna-the House with an amendment adopt-tial for harm is terrible to contem-tives available which are far more en-ed by the Committee of the Whole.
'ho plate. But these environmental conse-vironmentally desirable and which The SPEAKER. Under the rule. the Ille quences pale beside the psychological pose no threat to those living down-previous question is ordered.
b, stresses that would be placed upon the stream.
Is a separate vote demanded on the human population downstream from We cannot permit a callous and un-amendment to the amendment in the lty.
!he Three Mile Island.
caring government to allow actions nature of a substitute adopted by the After all the unnecessary and spec-which are strongly resisted by the af-Committee of the Whole? If not, the he tacular media coverage of the TMI ac-fected people for more minor econom-question is on the amendment.
gp cident, the faith of the local popula-ic advantage. We cannot permit Gov-The amendment was agreed to.
tion has been shaken. Since the acci-ernment agencies to ride roughshod The bill was ordered to be engrossed We dent, the opponents of nuclear power over the citizenry. Let us send a mes-and read a third time, was read the have repeatedly used this issue as a sage today to the NRC and the rest of third time. and passed and a motion ed major rallying point. It is impossible Government.
to reconsider was laid on the table.
h',
to convince people who know that Mr. UDAIL Mr. Chairman, will the they already have been repeatedly lied gentleman yield?
g to by their Government that they are Mr. WAIEER. I yield to the gentle. THE WISDOM OF TIIE PEOPLE IS atg at no risk by the dumping of 600.000 man from Arizona.
THE WISDOM OF THE WASH.
y, gallons or more of radioactive water Mr. UDAIL Mr. Chairn.an. I was INGTON EXPERTS into their drinking water. They don't opposed to this originally. I think and (Mr. ST GERMAIN asked and was bf believe there is no risk and they will thought then it is kind of bad policy to given permission to address the House g
not accept being put at risk for a mere have Congress legislating on one for 1 minute and to revise and extend y
"h^t
' *h sh aspect of one nuclear reactor and one his remarks.)
t a there is particular powerplant. the Three Mile Mr. ST OERMAIN. Mr. Speaker. as more than enough room on Three Island case, and I am willing to go I have informed Members of the P
Mlle Island for safe storage of this ra-along with it on that basis. I do not House as well as the public in rceent d
dioactive water for long enough for know how we will fare in conference, weeks. the Banking. Finance and natural nuclear decay to drop the ra-but I will do my best.
Urban Affairs Committee is in the dioactivity well below hazardous Mr. OTTINGER. Mr. Chairman, will midst of a series of field hearings in an 9
levels. Other studies have indicated the gentleman yield?
attempt to hear directly from the I
b that once this water has been filtered Mr. WALKER. I yield to the gentle-people impacted by changing econom-P to remove highly contaminated radio-man from New York.
le conditions and policies.
- t active resins and further treatment to Mr. OTTINGER. Mr. Chairman. I This information, coming from the condition the water it will be perfectly also have no problems with the grassroots, will be invaluable as this I
acceptable for use as industrial water amendment.
committee meets its responsibilitics in 8
on the island despite its radioacthity, Mr. MOORHEAD. Mr. Chairman. housing. monetary policy. munletpal Obviously. the dumping it into the river. Ignoring the emironmental and will the gentleman yield?
finance. economic stabilization. trade.
F psychological consequences, and for.
Mr. WALKER. I yield to the gentle-and other areas of our jurisdiction.
I -
getting the problem, will be econom!. man from California.
Some have suggested that the cost cally cheaper in the short run.
Mr. MOORHEAD. Mr. Chairman. of hearing from the people is too high.
But I can assure you that the public we would be happy to accept the Instead. they think the Congress reaction against any move to dump amendment on Commerce and have no should depend solely on the wisdom of 1
that water would be a fire storm of objection.
the Washington crowd-the OMB ex-protest. The issue is a potential rally.
Mr. LUJAN. Mr. Chairman, will the perta the Government economists, the ing point for all of the antinuclear gentleman yield?
trade associations. and others who are movement. The people who will be dl.
Mr. WALKER. I yield to the gentle-fond of telling us that they are the rectly affected have passed the point man from New Mexico.
ones who truly know what the people of being willing to passively accept Mr. LUJAN. Mr. Chairman, we also are thinking. And that they know such treatment. They are tired of accept the amendment.
what the people want.
being pushed around. They are ready The CHAIRMAN. The question is on Mr. Speaker. we have decided poll-to fight, the amendment offered by the gentle-cles and programs all too often by Let me say that this battle is not man from Pennsylvania (Mr. WALKER). heartDE only from these ~1vory tower necessary. This fight is not inevitable.
The amendment was agreed to.
Washington experts. I realize that There is no justification for us to keep The CHAIRMAN. Are there any fur-there are some in the Congress and in pushing these innocent citizens until ther amendments?
the executive branch who shudder at i
]
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