NRC Generic Letter 1983-07

NRC Generic Letter 1983-007: Nuclear Waste Policy Act of 1982

ML031080198
Person / Time
Site:	Beaver Valley, Millstone, Hatch, Monticello, Calvert Cliffs, Dresden, Davis Besse, Peach Bottom, Browns Ferry, Salem, Oconee, Mcguire, Nine Mile Point, Palisades, Palo Verde, Perry, Indian Point, Fermi, Kewaunee, Catawba, Harris, Wolf Creek, Saint Lucie, Point Beach, Oyster Creek, Watts Bar, Grand Gulf, Cooper, Sequoyah, Byron, Pilgrim, Arkansas Nuclear, Braidwood, Susquehanna, Summer, Prairie Island, Columbia, Seabrook, Brunswick, Surry, Limerick, North Anna, Turkey Point, River Bend, Vermont Yankee, Crystal River, Haddam Neck, Ginna, Diablo Canyon, Callaway, Vogtle, Waterford, Duane Arnold, Farley, Robinson, Clinton, South Texas, San Onofre, Cook, Comanche Peak, Yankee Rowe, Maine Yankee, Quad Cities, Humboldt Bay, La Crosse, Big Rock Point, Rancho Seco, Zion, Midland, Bellefonte, Fort Calhoun, FitzPatrick, McGuire, LaSalle, 05000514, 05000000, 05000496, 05000497, 05000515, Zimmer, Fort Saint Vrain, Washington Public Power Supply System, Shoreham, Satsop, Trojan, Bailly, Cherokee, Clinch River, Skagit, Marble Hill, Black Fox, Crane
Issue date:	02/16/1983
From:	Eisenhut D Office of Nuclear Reactor Regulation
To:
References
GL-83-007, NUDOCS 8302170082
Download: ML031080198 (7)

FEB 16 1983 TO ALL POWER AND NON-POWER REACTOR LICENSEESo APPLICANTS FOR AN OPERATING

LICENSE AND HOLDERS OF CONSTRUCTION PERMITS

Gentlemen:

SUBJECT: THE NUCLEAR WASTE POLICY ACT OF 1982 (Generic Letter No. 83-07)

On January 7, 1983, the Nuclear Waste Policy Act was enacted. The purpose of this letter is to ensure that you are aware of a provision of the Act (Section 302(b)) (copy enclosed) that requires licensed owners or generators of spent nuclear fuel or high-level waste to have a contract with the Secretary of Energy, by June 30, 1983, for the disposal of such waste.

This mandate applies to all facilities licensed under Sections 103 and 104 of the Atomic Energy Act of 1954. If a facility is to be licensed or have its license renewed before June 30, 1983, licensing Is contingent on the existence of either a contract with the Secretary or a written affirmation by the Secretary that the owner/generator is actively and In good faith negotiating with the Secretary. For facilities to be licensed or have a license renewed after June 30, 1983, licensing is contingent on the existence of a contract.

On February 4, 1983, the Department of Energy (DOE) issued a draft contract in the Federal Register (48 FR 5458). If you have any questions regarding the contracts, please contact Mr. Robert M. Roselli of DOE (301-353-4808).

Sincerely.

Darrell G. Eisenhut, Director Division of Licensing Office of Nuclear Reactor Regulation Enclosure:

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WRO FORM 318 (1040) KRCM 0240 OFFICIAL RECORD COPY USGPO: 1981335e960

TO ALL POWIAAND fNOI-POWER REACTOR LICENSEES W 14 HOLDERS OF CONSTRUCTION

PERMITS

Gentlemen:

SUBJECT: THE NUC WASTE POLICY ACT OF 82 (Generic Letter No.83-071 On January 7, 1983, the clear Waste Po Icy Act was enacted. The purpose of this letter is to ensur that you ar aware of a provision of the Act (Section 302(b)) (copy enclo d) that equires licensed owners or generators of spent nuclear fuel or high- el w .te to have a contract with the Secretary of Energy, by June 30, 83, for the disposal of such waste.

This mandate applies to all facilit e licensed under Section 103 and 104 of the Atonic Energy Act of 1954. a aciity cf is to be licensed or have its license renewed before June 30, 19 3. lic sing is contingent on the existence of either a contract with the Secietary or written affirmation by the Secretary that the owner/enerat! is active and in good faith negotiating with the Secretary. For facilit es to be lIce ed or have a license renewed after June 30, 1B83, licensing i contingent on e existence of a contract.

On February 4, 1983, the Depar nt of Energy issue a draft contract in the Federal Register (48 FR 54 8). If you have any q stions regarding the contracts, please contact Mr. obert M. Roselli of DOE 01-353-4808).

Sincerely, Darrell G. Eisenhut, Directo Division of Licensing Office of Nuclear Reactor Regul tin Enclosure:

As stated

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NRC FORM 318 (10-80) NRCM 0240 ,OFFICIAL RECORD COPY tJSPO. t981-33$

FEB 2 198)

TO ALL POWE D NON-POWER REACTOR LICENSEES WITH HOLDERS OF NSTRUCTION

PERMITS

Gentlemen:

SUBJECT: THE NUCLEAR STE POLICY ACT OF 1982 (Generic tter No. 83-07 )

On January 7, 1983 the Nuclea Waste Policy Act was e acted. The purpose of this letter isto ensure tha you are aware of a rovision of the Act (Section 302(b)) (copy enclosed) at requires lice sed owners or generators of spent nuclear fuel or high leve waste to have contract with the Secretary of Energy, by June 30, 1983, for the isposal of uch waste.

This mandate applies to all facilities 1 censed under Section 103 and 104 of the Atomic Energy Act of 1954. Ifa f ill y isto be licensed or have its license renewed before June 30, 1 3 licensing iscontingent on the existence of either a contract with the cretary or a written affirmation by the Secretary that the ownerf erator isactively and ingood faith negotiating with the Secreta . or facilities to be licensed or have a license renewed after J ne 30, 1983, licensing is contingent on the existence of a contract The bepartment of Energy plans to issue draft contr t in the Federal Register in early February 1983. If yo have any quest ons regarding the contracts, please contact Mr. Robert selli of DOE (301 53-4808).

S ncerely, Darrell G. Eisenhut, Director Division of Licensing Office of Nuclear Reactor Regut ion Enclosure:

As Stated cc: HRDenton

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NRC FORM 318 (10-M0 NRCM 0240 O FFICIA L R EC O.R.D C OPY 6SGPO. t98t-5960

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TO ALL I AND NON-POWER REACTOR LICENSEES WITH HOLDERS OF CONSTRUCTION

PERMITS

Gentlemen:

SUBJECT: THE WASTE POLICY ACT OF 1982 (Generic Letter No. 83- )

On January 7, 1983 tIe Nuclear Waste Policy Act was enacted. The purpose of this letter is to nnsure that you are aware of a provision of the Act (Section 302(b)) that rFquires licensed owners or generators of spent nuclear fuel or high 1e0e1 waste to have a contract with the Secretary of Energy, by June 30, 1 3, for the disposal of such waste.

This mandate applies to all acilities licensed under Section 103 and 104 of the Atomic Energy Act of 1 4. If a facility is to be licensed or have its license renewed before June 30, 1983, licensing is contingent on the existence of either a contra with the Secretary or a written affirmation by the Secretary thatOhe Owner/generator is actively and in good faith negotiating with the Scretary. For facilities to be licensed or have a license renewed after June 30, 1983, licensing is con- tingent on the existence of a contract The Department of Energy plans to issue a draft contract in the Federal Register in early February 1983. If you h e any questions regarding the contracts, please contact Mr. Robert Rosell f DOE (301-353-4808).

Sincerely, Darrell G. Eisenhf Division of Licens Office of Nuclear

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NRC FORIU 318 10-80) NRCIA 0240 OFFICIAL RECORD COPY LISGPO: 1981--350O

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MR.8809-57 be accepting high-level radioactive waste or spent nuclear fuel for disposal;

(10) an estimate, on an annual basis, of the costs required to construct and operate the repositories anticipated to (A) be needed under paragraph (9)based on each of the assumptions referred to in such Prraph; (B)to construct and operate a test and evaluation fclity, or any other facilities, other than repositories described in subparagraph (A), determined to be necessary; and (C)to carry out any other activities under this Act; and

(11) an identification of the _possible adverse economic and other Impacts to the State or Indian tribe involved that may arise from the development of a test and evaluation ficility or repositoryat a site.

(b)SUmlmON OF MSON PLAN.-1) Not later than 15 months after the date of the enactment of this Act, the Secretary shall submit a draft mission plan to the States, the affected Indian tribes, the Commission, and other Government agencies as the Secretary deems appropriate for their comments.

(2)In preparing any comments on the mission plan, such agencies shall specify with precision any objections that they may have. Upon submission of the mission plan to such agencies, the Secretary shall publish a notice in the Federal Register of the submisson of the mission plan and of its availability for public inspection, and, upon receipt of any comments of such agencies respecting the mission plan, the Secretary shall publish a notice in the Federal Register of the receipt of comments and of the availability of the comments for publicInspection. If the Secretary does not revise the mission plan to meet objections specified In such comments, the Secretary shall publish in the Federal Register a detailed statement for not so revising the mission plan.

(8) The Secretary, after reviewing any other comments made by such agencies and revising the mission plan to the extent that the Secretary may consider to be appropriate, shall submit the mission plan to the appropriate committees of the Congress not later than 17 months after the date of the enactment of this Act. The mission plan shall be used by the Secretary at the end of the first period of 80

calendar days (not including any day on which either House of Congress Is not in session because of adjournment of more than 8 calendar days to a day certain) following receipt of the mission plan by the Congress.

NUCIZAR WASTE FUND

SEC. 802. (a) CoNTRAs.-(1) In the performance of his functions under this Act, the Secretary is authorized to enter into contracts with any person who generates or holds title to high-level radioac- tive waste, or spent nuclear fuel, of domestic origin for the accept- ance of title, subsequent transportation, and disposal of such waste or spent fuel. Such contracts shall, provide for payment to the Secretary of fees pursuant to paragraphs (2) and (3) sufficient to offset expenditures described in subsection (d).

(2) For electricity generated by a civilian nuclear power reactor nd sold on or after the date 90 days after the date of enactment of thAc the fee under paragraph (1)shall be equal to l.0 mil per kilowatt-hour.

I

EL SSO9-58

(3) For spent nuclear fuel, or solidified high-level radioactive waste derived from spent nuclear fuel, which fuel was used to generate electricity in a civilian nuclear power reactor prior to the application of the fee under paragraph (2) to such reactor, the Secretary shall, not later than 90 days after the date of enactment of this Act, establisha1 time fee per kilogram of heavy metal in spent nuclear fuel or In solidified high-level radioactive waste. Such fee shall be in an amount equivalent to an average charge of 1.0 mil per kilowatt-hour for electricity geperated by such spent nuclear fuel or such solidified hgh-level waste derived therefrom. to be collected from any person delivering such spent nuclear fuel or high-level waste, pursuant to section 123, to the Federal Government. Such fee shall be paid to the Treasury of the United States and shall be deposited in the separate fund established by subsection (c)126(b). In paing su a fee, the person delivering spent fuel, or solidified h-level radioactive wastes derived therefrom, to the Federal Gov- einment shall have no further financial obligation to the Federal Government for the long-term storage and permanent disposal of such spent fuel, or thso ed high-level radioactive waste derived therefrom.

(4)Not later than 180 days after the date of enactment of this Act, the Secretary shall establish procedures for the collection and pay- ment of the fees established by paragraph (2)and paragraph (3). e ecretarysl annually review the amount of the fees established by paragraphs (2)and (3)above to evaluate whether collection of the fee will provide sufficient revenues to offset the costs as defined in subsecion (d) herein. In the event the Secretary determines that either insufficient or excess revenues are being collected, in order to recover the costs incurred by the Federal Government that are specified in subsection (d), the Secretary shall ropose an adjust- ment to the fee to insure full cost recovery. TWe Secretary Immediately transmit this proposal for such an adjustment to Con- gress. The adjusted fee proposed by the Secretary shall be effective after a period of 90 days of continuous session have elapsed following the receipt of such transmittal unless during such 9 day perod either House of Congress adopts a resolution disapprov- ing the Secretary's proposed adjustment in accordance with the procedures set forth for congressional review of an energy action under section 551 of the Energy Policy and Conservation Act.

(5)Contracts entered into under this section shall provide that- (A) following commencement of opration of a repository, the Secretary shall take title to the hig-level radioactive waste or ent nuclear fuel Involved as expeditiously as practicable upon request of the generator or owner of such waste or spent fuel; and (B) In return for the payment of fees established by this section, the Secretary beginning not later than January 81,

1998, will dispose of tie high-level radioactive waste or spent nuclear fuel involved as provided in this subtitle.

(6)The Secretary shall establish in writing criteria setting forth the terms and conditions under which such disposal services sall be made available.

(b) ADVANCE Co=ACrio REsQM..Ui r.-C1XA) The Commission shall not issue or renew a license to any person to use a utilizatibn or production facilitv under the authority of section 103 or 104 of the Atomic Enerr- A.c of 195;4 (!o_IC.5C. 213°. 213?1) t Iov-

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1.R.8809-59 O)such person has entered into a contract with the Secretary under this section; or (ii) the Secretary affirms in writing actively and in good faith negotiating withthat the such person Is Secretary for a contract under this section.

(B) The Commission, as it deems necessary or appropriate, may require as a precondition to the issuance or renewal of a license under section 103 or 104 of the Atomic Energy

2133, 2184) that the applicant for such licenseActshall of 1954 (42 U.S.C.

into an agreement with the Secretary for the disposal have entered of high-level radioactive waste and spent nuclear fuel that may result use of such license. from the

(2) Except as provided in paragraph (1), no spent nuclear fuel high-level radioactive waste generated or owned by any or (other than a department of the United States person

101 or 102 of title 6, United States Code) may be referred to in section Secretary in any repository constructed under this disposed of by the generator or owner of such spent fuel or waste has Act unless the contract with the Secretary under this section by notentered later into a (A) June 80, 1983; or than- (B) the date on which such generator or owner commences generation of, or takes title to, such spent fuel or waste;

whichever occurs later.

(8) The rights and duties of a party to a contract entered into under this section may be assignable with transfer of title to the spent nuclear fuel or high-level radioactive waste involved.

(4) No high-level radioactive waste or spent nuclear or owned by any department of the United States fuel generated section 101 or 102 of title 6, United States Code, may referredbe disposed to in by the Secretary in any repository constructed under this Act of such department transfers to the Secretary, for deposit unless Nuclear Waste Fund, amounts equivalent to the fees that would In the paid to the Secretary under the contracts referred to in this section be If such waste or spent fuel were generated by any other (C)ESTADLISHMENT OF NUcLEAR WASTE FuND.-There hereby person.

established in the Treasury of the United States a separate fund, is be known as the Nuclear Waste Fund. The Waste Fund shall to of- consist

(1) all receipts, proceeds, and recoveries realized by the Secre- tary under scions (a), (b and (el which shall be deposited in the Waste Fund immediately upon their realization;

(2) any appropriations made by the Congess to the Waste Fund; and

(0 any unexpended balances available on the date of the enactment of this Act for functions or activities necessary or incident to the disposal of civilian high-level radioactive waste or civilian spent nuclear fuel, which shall automatically transferred to the Waste Fund on such be (d) USE OF WAST FUND.-The Secretary date.

from the Waste Fund, subject to subsection may make expenditures (e), only for purposes of radioactive waste disposal activities under titles I and IL includ- ing-

(1) the identification, development, licensing, construction, operation, decommissioning, and post-decommissioning mainte- nance and monitoring of any repository monitored, retrievable storage facility or test and evaluation facility constructed under this Act;