ML20217A687

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Submits Observations Re HR 1270, Nuclear Waste Policy Act of 1997. Commission Believes HR 1270 Contains Fundamental Elements of Integrated high-level Waste Mgt Plan Needed for Protection of Public Health,Safety & Environ
ML20217A687
Person / Time
Issue date: 09/11/1997
From: Shirley Ann Jackson, The Chairman
NRC COMMISSION (OCM)
To: Bliley T
HOUSE OF REP., ENERGY & COMMERCE
References
NUDOCS 9709220013
Download: ML20217A687 (2)


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NUCLEAR REGULATORY COMMISSION y

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  • %.....l September 11, 1997 CHAWMAN The Honorable Thomas J. Bliley Chairman, Committee on Commerce United States House of Representatives Washington, D.C. 20515

Dear Mr. Chairman:

The Nuclear Regulatory Commission (NRC) has reviewed H.R.1270, the Nuclear Waste Policy Act of 1997, which was forwarded to the full Committee on Commerce by the Subcommittee on Energy and Power on July 31,1997. As indicated in my April 29,1997 testimony before the Subcommittee conceming high level rad!oactive waste, the Commission believes that H.R.1270 contains the fundamental elements of an integrated high level waste management plan needed for the protection of the public health and safety and the environment.

However, consistent with my testimony, we have the following observations to make regarding H.R.1270 as reported by the Subcommittee:

1. The bill should make clear that amendments to NRC regulations to implement the Act do not need an Environmental Impact Statement or an environmental review under the National Environmental Policy Act of 1969 (commonly referred to as

'NEPA').

2. It will be important for the Congress to provide adequate funding for the NRC to carry out the responsibilities allocated to the agency under H.R.1270. In my April 29 testimony, I noted that the overall schedule in H.R.1270 for interim storage and submission of the license application for the geologic repository set the programs 'on a collision course with respect to a need for resources, if adequate funding is not provided for both of these furdamental elements of the integrated high level waste management system." Though the date of operation of the interim storage facility has been changed from January 31,2000 to January 31,2002, this will not solve the resource problem if adequate funding is not provided.
3. The NRC supports the licensing and release standards and assumptions of the bill's amendments of the Nuclear Waste Policy Act of 1982 that are proposed for section 205(b)(1), (2), and (3) and section 205(d) of the Act, and believes that these provisions will fully protect public health and safety and the environment in the disposal of the nation's high-level waste. The NRC believes that within the context of

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implementing the 100 mrem annual dose limit specified in the bill, it has the flexibility to implement the internationally accepted ' average member of the critical group

  • approach using a reference biosphere, as recommended by the National Academy of Sciences. To provide reasonable assurance that the 100 mrom limit will be met, the Commission anticipates that the expected value for the average member of the entical group would be constrained below 100 mrem to on the order of 30 mrem a year.

(This is consistent with the use of the entical group concept in S.104, the Senate.

passed bill on the subject.)

Upon your request, the Commission would be happy to provide further elaboration on these points.

Sincerely,

)

Shirley Ann Jackson cc: Representative John D. Dingell

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