ML18081B086

Request for Taking Official Notice of White House 800212, Fact Sheet,President'S Program on Radwaste Mgt, Due to Relevancy of First Bullet,Page 2 & Third Bullet,Page 6.W/ Certificate of Svc & Fact Sheet

ML18081B086
Person / Time
Site:	Salem
Issue date:	02/14/1980
From:	Wetterhahn M Public Service Enterprise Group
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8002250017
Download: ML18081B086 (23)

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UNITED STATES OF AMERICA _l NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In .the Matter of )

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PUBLIC SERVICE ELECTRIC AND GAS ) Docket No. 50-272 COMPANY, et al. ) (Proposed Issuance of

) Amendment to Facility (Salem Nuclear Generating ) Operating License Station, Unit 1) ) No. DPR-70)

REQUEST FOR OFFICIAL NOTICE I

Pursuant to 10 C.F.R. §§2.730 and 2.743(i), the Licensee in the captioned proceeding, Public Service Electric and Gas Company, et al., hereby requests the Atomic Safety and Licensing Board to take official notice of certain information contained in a document -

entitled "Fact Sheet, The President's Program on Radioactive Waste Management" issued by The White House on February 12, 1980, a copy-o~ which ~s at~ached for reference.

The specific portions sought to be officially noticed are the first bullet* on page 2, namely:

The safe interim storage of commercial spent fuel from nuclear power reactors will continue to be the responsibility of the utilities

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operating these plants until a permanent geologic repository capability exists. However, the Administration will continue to press for legis-lation to build or acquire limited spent fuel storage capacity at one or more away-from-reactor (AFR) facilities for those utilities unable to expand their storage capabilities and for limited amounts of foreign spent fuel when the objectives of the U.S. nonproliferation policy would be*

furthered.

and the third bullet under item 3 on page 6, namely:

Although spent fuel storage capacity is not an alternative to a permanent disposal capa-bility, adequate storage must be provided until repositories are available. Primary responsibility for safe storage of commercial spent fuel lies with the utility industry.

However, \a limited amount of government storage capacity for commercial spent fuel would be desirable to provide flexibility to the natl.ona;l waste disposal program and an alternative for those utilities unable to expand their storage capabilities. The President continues to seek early enactment of legislation that would authorize the Department of Energy to: (l) design, acquire or construct, and operate one or more away-from-reactor storage facilities, and (2) accept for storage, until permanent disposal

.facilities are available, domestic spent fuel, and a limited amount of foreign spent fuel in cases when such action would further the objectives of our nonproliferation policy.

Cost of constructing and operating away-from-reactor storage facilities will be borne by the users.

Such portions of the President's policy are clearly relev~nt to Lower Alloways Creek Township Contention 1 relating to alternatives and are within the scope of matters of which a licensing board may take official notice.

Thus, Licensee submits that the Board should take official notice of the Presiden~'s policy as set forth in the above cited paragraphs.

Respectfully submitted, CO'NNER Mark J. Wetterhahn Counsel for the Licensee February 14, 1980

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UNITED STATES OF Ai.\fERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licen'sing Board In the Matter of )

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PUBLIC SERVICE ELECTRIC AND GAS ) Docket No. 50-272 COMPANY, et al. ) (Proposed Issuance of

) Ainend.~ent to Facility (Salem Nuclear Generating ) Operating License Station, Unit 1) ) No. DPR- 7 0)

CERTIFICATE OF SERVICE ,

I hereby certifv that copies of "Request for Official Notice," dated Februa~y 14, 1980 in the captioned matter, have been served upon the following by deposit in the United States mail this 14th day,of February, 1980:

Gary L. Milhollin, Esq. Chairman, Atomic Safety and Chairman, Atomic Safety Licensing Board Panel and Licensing Board U.S. Nuclear Regulatory

.1815 Jefferson Street

• Commission Madison, Wisconsin 53711 Washington, D.C. 20555 Mr. Frederick J. Shon Janice :'loore, Esq.

Member, Atomic Safety and Office of the Executive Licensing Board Panel Legal Director U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. James C. Lamb, III Richard Eluchan, Esq.

Member, Atomic Safety and Deputy Attorney General Licensing Board Panel Departm~nt of Law and 313 Woodhaven Road Public Safety Chapel Hill, N.C. 27514 Environ.mental Protection Section Chairman, Atomic Safety and 36 West State Street Licensing Appeal Board Panel Trenton, N.J. 08625 U.S. Nuclear Regulatory Commission W~shington, D.C. 20555

Richard Fryling, Jr., Esq. Carl Valore, Jr., Esq.

Assistant General Solicitor Valore, McAllister, Aron Public Service Electric & Westmoreland

& Gas Company Mainland Professional Plaza 80 Park Place P. O. Box 175 Newark, N. J. 07101 Northfield, N. J. 08225 Keith Onsdorff, Esq. Office of the Secretary Assistant Deputy Public Advocate Docketing and Service Section Department of the Public Advocate U.S. Nuclear Regulatory Division of Public Interest Commission Advocacy. Washington, D. C. 20555 Post Off ice Box 141 Trenton, N. J. 08601 June D. MacArtor, Esq.

Deputy Attorney General Sandra T. Ayres, Esq. Tatnall Building, P. O. Box 1401 Department of the Public Advocate Dover, Delaware 19901 520 East State Street Trenton, N. J. 08625 Mr. Alfred C. Coleman, Jr.

Mrs. Eleanor G. Coleman 35 "K" Drive Pennsville, New Jersey 08070

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EMBARGOED FOR RELEASE UNTIL FEBRUARY 12, 1980 AFTER BRIEFING FEBRUARY 12 Office of the \-lhite House Press Secretary THE \~HI TE HOUSE FACT SHEET THE PRESIDENT'S PROGRAM ON RADIOACTIVE ..JASTE MANAGEMENT 1

HIGHLIGHTS In a Message sent to Congress today, the President outlined a comprehensive national radioactive waste management program. This program is based on the report of tbe Interagency Revie1~ Group on Nuclear \~aste 111anagemenc published in March, 1979.

The paramount objective in managing nuclear \'astes is to protect the health and safety of all Americans, both now and in the future. The disposal of nuclear waste should not and will not be def~rr~d to fucure

, generations.

., The key elements of the President's program are:

o All levels of government share the responsibility for safe management and di sposa 1 of nu cl ear 1,as tes.

In order to pro vi de a more effective role for State and local governments the President has created a State Planning Council of elected State, local, and tribal officials and heads of cabinet departments anJ 0the:--

federal agencies. Governor Richard Riley of South Carolina will serve as Chairman. State Representative Paul Hess of Kansas will serve as Vice Chairman. The Council 1*iil1 advise the Executive Branch and work with Congress on key radioactive waste management and disposal issues, especially related institutional decisions.

The basis of the relationship bet1*1een States and the Federal government in the siting of high level waste repositories will be the principle of consultation and concurrence.

• o Pending reviews required by the National Environme~tal/Policy Act, an interim planning strategy for disposal of high level and transuranic waste has been adopted that relies on mined geologic repositories.

The program directed toward siting and opening repositories will be technically conservative, include expanded and technically diversified research and development and site investigations, and move carefully, in a step by step

\ manner, toward site selection and Jperation of the first high 1eve1 ~1as te repository.

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Immediate attention will focus on locating and characterizing

• 1 a number of potential repository sites in a variety of different geologic environments with diverse rock types.

I' This effort will be supported by a comprehensive research

j and development program. When four to five sites have I been evaluated and found potentially suitable for a repository, one or more wi 11 be se 1ected for further I development as a licensed, full-scale repository. The site for the first full-scale repository should be selected by about 1985 and it should be operational by the mid-

.1990 IS*

The Waste Isolation Pilot Plant (WIPP) project will be cancelled since it is unlicensed and cannot accept commercial wastes. The site of the proposed project at Carlsbad, New Mexico will be investigated further and if found qualified will be reserved for consideration along with other candidate sites in different geologic environments as* a licensed repository for high level wastes.

0 The safe interim storage of commercial spent fuel from nuclear power reactors will continue to be the responsibility of the utilities operating these plants until a pennanent geologic repository capability exists. However, the Administration will continue to press for legislation to build or acquire limited spent fuel storage capacity at one or more away-from-reactor (AFR) facilities for those utilities unable to expand their storage capabilities and for 1i mi ted amounts of foreign spent fuel when the objectives of the U.S. nonproliferation policy would be furthered.

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• The Department of Energy wil 1 work with the States in their efforts to establish a reliable commercial low level radioactive waste disposal system.

0 The Administration will submit legislation to extend Nuclear Regulatory Commission licensing authority to cover all DOE facilities for transuranic waste disposal and any new DOE sites for disposal of commercial low level waste. Under existing law, NRC has licensing authority over DOE facilities for disposal of high level radioactive wastes.

• o Specific actions 1~ill be taken to improve and expedite regulatory actions by the Environmental Protettion Agency and the Nuclear Regulatory Commission.

o _ The Nuclear Regulatory Commission is detennining whether or not it has confidence that radioactive wastes can be disposed of safely. The President is urging the NRC to conduct its proceeding in a timely manner and to provide full opportunity for public, technical and government agency participation.

0 The President's Fiscal Year 1981 budget for the Department of Energy requests $670 million in budget authority for nuclear waste programs. Other Department and agency requests total

'i. $49 mi 11 ion.

A brief description of the various types of nuclear waste and the quantities burried, stored and now being produced will be found in the background section of this Fact Sheet.

OBJECTIVES The primary objective for waste management planning and implementation.

wil 1 be that existing and future radioactive ~iaste from mi 1itary and civilian activities (including commercial spent fuel if and when it is to be discarded) should be isolated from the biosphere and pose no I significant threat to public health and safety.

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-l The following principles will guide our program:

o The technical program must meet all of the relevant radiological i protection criteria, as well as any other applicable regulatory requirements. Although zero release of radionuclides or zero

• 1 risk from any such release cannot be assured, such risks should fall within pre-established* standards and, beyond that, be reduced. to the lowest level practicable.

o The responsibility for establishing a nuclear waste management program will not be deferred to future generations.

o The nuclear waste management program should explicitly include consideration of all aspkcts of the waste management system including safety,'"'"'9rlvironmental, organizational, and institutional factors.

o The basic elements of the program should be independent of the size of the nuclear industry and of the resolution of specific fuel-cycle or reactor-design issues of the nuclear power industry.

ELEMENTS OF THE PRESIDENT'S PROGRAM

1. Relations with State and Local Governments o The President has created, by Executive Order, a State Planning Council to advise the Executive Branch and work with the Congress in making and implementing decisions on waste management and disposal.

The counci,l will be chaired by Governor Richard Riley. There will be 14 members who are designated by the President as follows: eight governors; five state and local government officials other than governors; and, a tribal government representative. The Secretaries of Energy, Interior, and Transportation and the Administrator of the Environmental Protection Agency are also members.

The Council will provide advice and recommendations to the President and the Secretary of Energy on nuclear waste management including interim storage of spent fuel. In particular, the Council wi 11:

(a) Recommend procedural mechanisms for reviewing specific nuclear waste management plans and programs, includtng the consultation**and concurrence process designed to achieve Federal, State, and local agreement which accommodates the interests of all the parties.

(b) Work on development of detailed nuclear waste management plans and provide recommendations to ensure that they adequately address the needs of affected States and local areas.

(c) Advise on all aspects of siting and licensing of facilities for storage and disposal cf nuclear wastes.

(d) Advise on proposed Federal regulations, standards, and criteria related to nuclear waste management programs.

( e) Identify and make recommendati ans on other matters re 1ated to the transportation, storage, and disposal of nuclea~

wastes that the Council believes are important.

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4 1i o The principle of consultation and concurrence will apply in j the siting of high level waste repositories. Under the framework of consultation and concurrence. a host State will have a r continuing role with regard to the Federal government's actions

.f on the siting, design anrl construction of a high level waste l repository.

I 2. Interim Planning Strategy for High Le 1el and Ti-ansuranic \*Jaste Disposal 1

Pending reviews required by the National Environmental Policy Act and in order to provide interim guidance to the radioactive waste management program for its near-term actions and following the consideration of alternative technical approaches, the President has adopted a comprehensive interim planning strategy. The main components of the strategy are:

o Mined geologic repositories will be the primary focus of 1vork for safe disposal of high level radioactive waste, including unreprocessed commercial spent fuel.

• o The repository program will proceed in a technically conservative step-by-step manner, from the needed technical evaluations, through site selection, independent licensing review and ultimately to opening and operating a repository.

0 Immediate' attention will focus on (1)-i*esearch and devi:!lop:nent, both in laboratories and at sites where underground workings can be used to study rock and waste fonn properties and interactions, and (2) locating and characterizing potential )'epository sites in different geologic environments and relying on diverse rock types.

/ .0 Once four or five sites in a variety of geologic environments have been evaluated and found potentially suitable for a repository, one or more will be selected for further intensive study or characterization and development as a licensed repository.

o Ultimately, several high level waste repositories will be opened, sited regionally insofar as technical considerations related to public health and safety permit.

Prior to proceeding with the first full-scale repository. an inter~ediate*

step might be taken by disposal of a relatively small quantity of high level waste in a licensed geologic test facility in order to gain experience applicable to subsequent actions with respect to full-scale repositories.

Such a facility is not an essential component of a program leading to a full-scale, high level waste repository. It would provide an option, however,. to test technical readiness and to exercise elemen:s of the licensing process after an adequate site characterization program has been completed.

• Following completion of environmental reviews required by the ~ational Environmental Policy Act, the President *:1il1 reexamine this interim strategy and decide whether any changes need to be made.

Following this strategy, the choice of site for the first full-scale repository should be made about 1985 and operations should b!:j~n by _the mid-1990's. These dates reflect current estimates of tne minimum time required to do the work necessary, including ti:ne for licensing and to permit full State and local government and public µarticibation in decisionmaking.

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The President's interim waste disposal strategy offers three important advantages:

(1) it provides maximum redundancy and con~ervatism so that no single or small number of setbacks would undennine the entire 1 program, or even cause great delay; lI (2) sites can be selected by comparing several locations among themselves thus providing greater confidence that the wastes will be disposed of safely; (3) time will be available to put in olace a good scientific program, to build procedures for licensing, public reviP.w and interaction, and to establish decisionmaking ~recesses with State and local governments.

The Department of Energy is taking the fol lo\*iing actions to imolement this strategy:

o Regional, area and site investigations are bein~ ~lanned on a national basis to identify suitable hiqh level \*1aste repository sites. A variety of geologic environments and potential host rock types are being examined and this program 1*ii 11 be expanded to ensure that the necessary sites vii 11 ~e ava i 1cb1 e from which to select the first repository site.

0 Research and development in laboratories dnd a~ test sites has

! been increased. Greater attention is nnw being given to a I

variety of possible waste fonns, incl11ctim1 spent fuel, to waste packaging and to 1-1aste-rock intc;ractions under repository conditions.

o Three test facilities are planned: a gr*anite facility in Nevada, a basalt facility in ltlashington State, and a salt facility at a* site yet to be chosen.

The President has decided that the Waste Isolation Pilot Plant (WIPP)

'project as currently authorized will be* cancel lee. This project, for which construction has not yet commenced, is currently authorized for the unlicensed disposal of transuranic waste from our National defense program and for R&D using high level defense waste. Reasons for the cancellation are:

o Proceeding now on the basis of a single site is inconsistent with the strategy to compare sites with differing geologic characteristcs prior to selection.

o An unlicensed facility is contrary to the President's policy.

o A facility for transuranic waste alone would provide no useful experience relevant either to licensing or to disposal of high level waste.

o It would also be an inefficient use of funds.

The site near Carlsbad, New Mexico which was being considered for this project will continue to be evaluated and, if qualifiea, will be reserved,*

along with other sites, for possible future use as a licensed repository for high level wastes. The DOE's FY1981 budget contains funds in the commercial nuclear waste program for protection of the Carlsbad site and continued characterization activities to detennine suitability as a high level t1aste repository.

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Although mined geologic repositories will be the focal point of the

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comprehensive national radioactive waste management program the DOE wi 11

• 1 continue to support a limited program directed toward other disposal II alternatives. These include disposition of high level wastes in very

. l deep boreholes and emplacement in ocean sediments in regions where the I ocean floor is known to be geologically stable. These alternatives are considered to be longer range options to the mined geologic repository strategy.*

3. Interim Storage of Defense and Commercial High Level 1...iastes.

The following actions are being taken to ensure safe and adequate care of defense and commercial nuclear waste irythe interim period before a disposal facility is available:

o Adequate technical and financial resources will be made available to maintain defense wastes safely.

o Research and development at various defense facilities will proceed leading to plans for processing, packaging, and ultimate transfer to permanent repositories of transuranic and high level wastes from defense programs.

0 Although spent fuel storage capacity is not an alternative to a permanent disposal capabi 1ity, adequate storage must be provided until repositories are available. Primary respons.ibility 1; for safe storage of commercial spent fuel lies with the utility industry. However, a limited amount of government storage capacity for commercial spent fuel would be desirable to provide flexibility to the national waste disposal program and an alternative for those utilities unable to expand their storage capabilities. The President continues to seek early

• . i enactment of legislation th.at woul"d authorize the Department of Energy to: (l) design, acquire or construct, and operate one or more away-from-reactor storage facilities, and (2) accept for storage, until* permanent disposal facilities are available, domestic spent fuel, and a limited amount of foreign spent fuel in cases when such action would further the objectives of our nonproliferation policy. Cost of constructing and operating away-from-reactor storage facilities will be borne by the users.

• The Administration will continue to pursue both international and regional cooperative efforts to study nuclear fuel management options consiste.nt with our nuclear nonproliferation policy.

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4. Low Level Waste.

Three commercial burial grounds -- South Carolina, Washington State and Nevada -- are currently available to receive low level wastes originating in non-governmental industrial, medical and commercial activities.

These have been operating intermittently because of 1nadequacies in waste packaging and shipment. Pressures have been-mounting to find additional disposal sites to provide needed capacity for an ever-increasing inventory of commercial low level was.tes.

The Department of Energy will work with the States to assist in their activities to establish regional disposal sites for low level wastes from the Nation's hospitals, research institutions, industry, and utilities. Until such time as additional disposal facilities can be

. -I sited and licensed, DOE and NRC will assist States in setting up interim storage facilities within the States. The State Planning Council will i

I give low level waste management early, priority attention MORE

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Other actions b_eing taken in the area of low level waste include:

0 DOE will review by 1981 alternative low level waste disposal

.i techniques and detennine whether any changes should be adopted I*

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I 0 DOE will accelerate R&D on improved methods of disposing of row 1eve1 wastes.

I 0 DOE will continue the existing land burial technology program presently designed to upgrade all DOE low level waste disposal operations by 1988.

o DOE will take action to ensure that adequate attention is given to the hydrologic characteristics of proposed locations for the future siting of low-1evel waste disposal facilities.

5. Uranium Mill Tailings.

Past control of mill sites has been poor, with little or no attention to the problem of proper disposal of tailings upon completion of milling operations. The Uranium Mill Tailings Radiation Control Act of 1978 was passed to change this situation. EPA is directed to issue standards and criteria for disposal of mill tailings. NRC has licensing authority over active inactive sites, and DOE is authorized to take remedial action at sites.

The NRC and EPA are now developing standards, criteria, and regulations defining acceptable levels of radon emissions, siting, impacts on groundwater.

The final Generic Environmental Impact Statement, (NUREG 0511, Draft issued 4/79) on uranium milling by NRC is nearing completion.

DOE, in cooperation with State governments, is now taking remedial action on abandoned tailings piles. DOE will continue to develop improved means of disposing of or stabilizing mill tailings over the long tenn.

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6. Decontamination and Decommissioning.

As a general rule, unrestricted use of land will be the ultimate objective of D&D and institutional controls should not be relied upon after some-p'eriod of time to provide long-term protection of people and the environment.

However, because certain existing sites and/or facilities cannot be decontaminated at a reason ab 1e cost, or perhaps at any cost, 1ong** term institutional control may be required in these exceptional cases. These will require deve 1opment of s i te-speci fi c programs by NRC and DOE.

The following actions will be taken:

o DOE will prepare a nationwide plan for the decontamination and decommissioning of surplus facilities owned by DOE and other government agencies.

o DOE will work on designs for the construction of new facilities which will facilitate their eventual decommissioning.

o For new Federal facilities, decontamination and decommissioning specifications will be included in the initial design, and institutional arrangements will be made to ensure sufficient funding. The funding for D&D of government-owned facilities and sites will be through Federal appropriations. Responsibility and methods for financing D&D of licensed facilities will be detennined by the regulatory process.

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7. Trans port a ti on.

Safe and reliable transportation of nuclear wastes is an essential I i

component of the total waste management system. While complete assurance '

that release of radioactive materi~l will not occur during normal operation or in serious accidents is impossible, it has been demonstrated that it is unlikely that a significant release can occur under most credible accident environments.

To improve the existing transportation system and enhance public confidence in it, the following actions are being taken:

o DOE is pursuing a program for testing and evaluating the performance of current and future generation waste packaging systems.

0 The Department of Transportation is being directed to increase its management attention to nuclear waste matters and is completing its rulemaking on the role of Federal and local government bodies in routing of nuclear waste transportation along highways.

o DOT and-NRC are working closely with the States to strengthen the nation's overall capability to respond to any transportation emergencies involving shipment of radioactive wastes.

o DOT will develop a data bank on shipment statistics and accident experience to be operational by 1982.

8. Financing.

The principle that will be applied to financing the cost of nuclear waste management and disposal is that the cost should be payed by the generator of the. waste and borne by the beneficiary of the activity generating the waste. Utilities will pay the cost of storage and disposal of waste from power plant operations and pass these costs on to their customers. The government wi 11 pay the cost of storage and disposal of wastes from defense and government R&D activities and finance it from tax revenues.

9. Regulatory Actions.

The Federal programs for regulating radioactive waste storage, trans-portation, and disposal are a crucial component of our efforts to ensure the health and safety. The following improvements are needed in the regulation of radioactive waste disposal:

j o The current authority of the Nuclear Regulatory Commission to license the disposal of high level waste and low level waste in commercial facilities should be extended to also include the storage of spent fuel, as well as disposal of transuranic waste and non-defense low level waste in any new government facilities that might be built.

o The Environmental Protection Agency is responsible for creating general criteria and numerical standards applicable t6 nuclear waste management activities. The President has directed EPA to accelerate its schedule for the preparation of these criteria and standards *and to prepare a position paper that will indicate EPA's approach to setting standards and address the relationship between EPA's standards and actions taken by NRC and DOE.

o EPA and NRC will complete a Memorandum of Understanding dealing with coordinating methodologies and procedures.

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l 0 The Department of Transportation is responsible for regulating the transport of radioactive wastes, in part sharing that responsibility with NRC. The coordination between the two 1 agencies is provided by an existing Memorandum of Understanding

! between them. DOT is ccmpleting its rulemaking on the role of Federal and local government bodies in routing of nuclear waste transportation along highways.

f 0 The Nuclear Regulatory Commission is nm~ commencing a formal proceeding to detennine whether or nae it has confidence that radioactive wastes produced by nuclear power reactors can and will be disposed of safely. The President has urged the NRC to conduct this proceeding in a timely and thorough manner and ta provide full opportunity far public, technical and government agency participation.

10. Legislation.

Legislation addressing the fallowing areas will be submitted ta Congress ta implement the President's program.

a State Planning Council. Ta provide a pennanent basis for the State Planning Council, which has been created by Executive Order.

a Licensing Extension. To implement the extension of NRC licensing.

authority ta a 11 new transuranic and new non-defense 1ow 1eve1 waste disposal facilities and any other facilities "decided upon following the review of NRC's licensing study (NUREG 0527, September 1979).

o Law Level Waste. To assist the States in managing commercial low-level waste. The legislation will include authority for the States to enter into regional organizations or compa~ts for operation of the sites.

o Decommissioned Facilities Surveillance. To establish institutional responsibilities for long-term surveillance of formerly utilized Federal facilities which have been decommissioned and sold or otherwise released to unrestricted use.

The President will continue to press for authority to construct one or more away-from-reactor interim storage facilities for commercial spent fuel. This bill is already under consideration by the Congress. This legislation, or additional legislation, will implement the principle that casts of nuclear wastes disposal will be paid by the generator and borne by .the beneficiary of the activity generating the waste.

11. Implementation and Management Structure.

Many Federal departments and agencies are necessarily involved in one or more aspects of nuclear waste management. In addition, the President's policy calls for full involvement of State, regional and local governments and organizations in program planning and execution. The President has designated the Secretary of Energy to be responsible far overall program integration and ta establish necessary coordination mechanisms. The Secretary of Energy ~Ii 11 assume the lead role for: ( 1) coordinating all Federal nonregulatary aspects of radioactive waste management; (2) working out effective relationships with regulatory bodies such as the Environmental Protection Agency and the Nuc.lear Regulatory Commission; and (3) deve 1oping strong and effective ti es between the Federa 1 Government and the States on all aspects of radioactive waste storage and disposal.

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10 Within the Department of Energy, day-to-day activities are under the direction of an Assistant Secretary for Nuclear Energy (ASNE) who reports to the Under Secretary and the Secretary. Under the ASNE the Office of Nuclear Waste Management (ONWM) is responsible for executing policy and managing all aspects of the nuclear waste management program.

Regulatory responsibilities are by law assigned to the Environmental Protection Agency, the Nuclear Regulatory Ccmmission and the Department of Transportation. The Department of Interior has authority over Federal lands ~hat might be used for wcste storage or disposal and has extensive geoscience expertise in the U.S. Geological Survey. An Interagency Working Corrmittee has been established by the Department of Energy to coordinate and integrate associated activities of DOE, DOI, EPA, NRC, DOT, and State. The President has also instructed DOE and DOI to prepare a Memorandum of Understanding between them delineating areas of cooperation and mutual responsibility and creating procedures to ensure they work jointly and reinforce each other's activities.

The primary plann-ing mechanism will be a comprehensive National Plan for Nuclear ~Jaste Management. The President has directed that this be produced by 1981 and be updated bi annually thereafter. It is to be submitted for public review in draft and in revised form to the public and the Congress. The plan will include:

0 summaries of the status of knowledge relevant to disposal of high level, transuranic, and low level radioactive wastes and uranium mill tailings;

. I 0 multi-year program plans for (1) interim management of high 1 level radioactive waste and spent fuel; (2) site qualification ~:

for geologic repositories, and (3) R&D in the earth sciences and waste form and containers for high level and transuranic waste disposal; o plans for low leve_l wastes; o a plan for decontamination and decommissioning of surplus government facilities; o a plan *for remedial action at inactive mill tailings sites; o an integrated NEPA plan'. covering the NEPA activities of all relevant agencies; o updated cost e~timates for all proposed activities; o proposals to improve intergovernmental deci s i onmak i ng and resolution of environmental, economic and social issues associated with radioactive waste storage, transportation, and disposal~

o specific program goals and milestones for developing nec~ssary regulations.

The President has issued detailed instructions to all Federal agencies to ensure that his program will be implemented.

12. Public Participation.

It is essential that all aspects of the waste management program be conducted with the full disclosure to and participation by the public and the technical colTlllunity. The President has directed the departments and agencies to develop and improve mechanisms to ensure such participation and public involvement consistent with any need to protect national security information and to comply fully with the National Environmental Policy Act. This includes providing technical and financial assistance to permit informed public input to programs and deci s i ans and to support nongovernment efforts to increase social and technical understanding and agreement on nuclear waste issues. Formal mechanisms for receiving the best scientific and technical advice available and regular* input from the interested public will also be strengthened.

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13. International Cooperation.

Because nuclear waste management is a problem shared by many other countries and because selection of waste management alternatives has nuclear proliferation implications. the President-will continue to encourage and support cooperative bilateral and multilateral efforts which advance both our technical capabilities and our understanding of spent fuel and waste management and which are consistent 1-tith U.S.

nonproliferation policy.

14. Funding Current funding levels ($ millions) for the respective agenc'es and programs are as fol lows:

1979 1980 1981 BA BO BA 80 BA 80 Department of Energy Defense Nuclear ~laste D&D 1 1 2 2 6 6 Interim Waste Management 147 187 163 213 219 222

• Long-Term Waste M~mt. 69 57 83 79 116 128 Terminal Storagel 36 49 28 26 0 11 Transportation 3 2 5 4 7 7 Program Direction 1 1 2 2 2 2 Subtotal 257 297 283 326 350 376 Corrnnercial Nuclear Waste Commercia*l ~laste Management 189 159 184 187 244 240 Remedial Actions 22 20 35 29 53 54 Program Direction 1 1 1 1 2 2 Subtotal 212 180 220 2IT 299 296 Spent Fuel Domestic 7 3 14 17 16 17 In ternati ona l 3 2 3 3 4 4 Program Direction 1 1 1 1 1 1 Subtotal l I --6 18 ---zr ---zr 22 Total 480 483 521 564 670 694 Other Federal Nuclear Waste Programs Nuclear Regulatory Commission 20 1-8 26 23 38 34 Dept. of Energy (Environ.)£/ 3 3 3 3 4 4 Dept. of Interior 6 6 6 6 6 Jj 6 Dept. of Transportation 1 1 1 1 1 1 Subtotal 30 28 36 33 49 45 GRAND TOTAL 510 511 557 597 719 739 y Includes all expenditures related to the Waste Isolation Pi l ct Plant (WIPP) proposal.

'?J This supports *the remedial actions work conducted in the DOE Commercial Nuclear Waste Program.

?.! The funding level for all years is under Sl million.

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I ADDITIONAL BACKGROUND INFORMATION 1.

12 The Interagency Review Group Process.

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As part of his initial National Energy Plan, the President ordered a review of the DOE nuclear waste management program. A Department of Energy task force carried out the review and published a "Draft Report of Task Force for Review of Nuclear Waste Management, February 197B."

With that report as a starting point, the President established the Interagency Review Group on Radioactive Waste Management (!RG) on March 13, 1978, to formulate recommendations leading to the establishment of a National policy for managing the Nation's nuclear waste with support programs.

The IRG was chaired by the Secretary of Energy and composed of representatives from the Departments of State, Interior, Transportation and Commerce, National Aeronautics and Space Administration, Arms Control and Disarmament Agency, Environmental Protection Agency, Office of Management and Budget, Council on Environmental Quality, Office of Science and Technology Policy, the Domestic Policy Staff, and National Security Council. The Nuclear Regulatory Corrmission was represented by a nonvoting member.

The IRG attempted to obtain a broad range of views from Congress, State and local governments, Indian Nations, industry, the scientific and technical community, public interest and environmental groups and the public. They published for public review and comment a draft report of their findings in October 1978 and over 15,000 copies were distributed.

Seven small meetings (representing various special interests) and three regional public meetings were conducted to elicit public comments. Over 3,500 individual comments were received from State governments, industry, academia; environmental groups, and the general public. These comments

• 11ere reviewed and summarized in the final IRG report, which was revised based on the comments. The final report was issued in March 1979 and formed the basis for the recommendations made to the President and ultimately was the basis of the President's policy statement.l

2. Definition of Types of Wastes.

Nuclear wastes are produced in many different forms by a variety of activities including research investigations, medical diagnostics and treatment, mining and processing of uranium ore, defense-related nuclear activities and operation of commercial nuclear power plants. These wastes exist as gases, liquids and solids. The potential hazard of these wastes results from the fact that exposure to and/or uptake of the material can cause biological damage.

The major types of nuclear wa~tes-are:

o High Level Wastes - These wastes are either fuel assemblies that are discarded after having served their useful life in a nuclear reactor (spent fuel) or the portion"of the wastes generated in the reprocessing that contain virtually all of the fission products and most of the actinides not separated out during reprocessing. 2 These wastes are being considered for disposal in geologic repositories or by other technical options designed to provide long-term isolation of the wastes from the biosphere.

1 The final report "Report to the President by the Interagency Review Group on Nuclear y/aste Management", March 1979 (TID-29442), and the technical report "Subgroup Report on Alternative Technology Strategies for the Isolation of Nuclear Waste", October 1979 (TIO 28818) are*

. available from the National Technical Information Service, U.S.

Department of Commerce.

2 It is unclear whether the United States will reprocess commercial spent fuel. High level waste disposal facilities are therefore being designed to accept both spent fuel and waste from reprocessing.

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o 13 Transuranic Wastes - These wastes are produced primarily from the reprocessing of defense spent reactor fuels, the fabrication of plutonium to produce nuclear weapons and, if it should occur, plutonium fuel fabrication for use in nuclear power reactors. Transuranic wastes contain low levels of radioactivity but varying amounts of long-lived elements above uranium in the Periodic Table of Elements, mainly plutonium. This waste is currently defined as material containing more than 10 nano Curies of transuranic activity per gram of material.

o Low Level Wastes - These wastes contain less than ten nano Curies of transuranic contaminants per gram of material, or they may be free of transuranic contaminants. Although these wastes require little or no shielding, they have low, but potentially hazardous, concentration of quantities of radionuclides and do require management. Low level wastes are generated in almost all activities involving radioactive materials and are presently being disposed of by shallow land burial.

o Uranium Mine and Mill Tailings - These wastes are the residues from uranium mining and milling operations. They are hazardous

• because they contain low concentrati ans of radioactive materi a 1s which, although naturally occurring, contain long-lived radio-nuclides. The tailings, with a consistency similar to sand, are generated in large volumes--about 10 to 15 million tons annually--and are presently stored in waste piles at the site of mining and milling operations. A program is underway to.

either immobilize or bury these wastes to prevent them from being dispersed by wind or water erosion.

o Decontamination and Decommissioning Wastes - As defense and civilian reactors and other nuclear facilities reach the end of their productive lifetimes, parts of them will hav~ to be handled as either high or low level wastes, and disposed of accordingly. Decontamination and decommissioning activities will generate significant quantities of wastes in the future.

o Gaseous Effluents - These ~1astes are produced in many defense and commercial nuclear activities, such as reactors, fuel fabrication facilities, uranium enrichment plans and weapons manufacturing facilities. They are released into the b*iasphere in a controlled manner, after passing through successive stages of filtration, and mixed with the atmosphere where they are diluted and dispersed.

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'I 14 j 3. U.S. Nuclear Waste Inventory and Forecast. i r t

• 1 Current (April 19 79) Annual Addition Year 2000 J

.J DOE Commercial _QQL Commercial DOE Comnercial

. I

. I 1 Disposed of (By volume--thousand cubic meters):

1,470 515.1/ 53 100 2500-6800 2800-780011 Low Level Waste uncertain y Transuranic Waste 256 y 0 0 Stored (By volume--thousand cubic meters):

High Level Waste (Including spent 320 40 fuel) 283 4.3 3 .6 55 0 6 .3 250-33sol/ 6 Transuranic Waste Uranium Mill Tailings:

Inacti47 sites 0 25 6 (25)- 25 0 0 0 125 0 15 0 425

'I Active sites L-

~~-

Stored (By radioactivity '~

~* .

1eve1--curi es)  ;

y..

High Level Waste 6/

(Including spent 9'i! '4x10 7 3§! 109 ""1010-fuel) 10 5/ -6x10 N/A Low N/A Low N/A Transuranic Waste Low Uranium Mill Tailings:

Inactive 15,000 0 sites 15,000 0 0 0 Active sites 0 ""56,000 0 6,800 0 ""'191,000 11 As of 1/1/78.

y Volume not available. _Contains #125 kg TRU material at commercial disposal si.tes.

Range results from possible options on D&D of surplus facilities with waste quantity dependent upon mode of D&D for each facility.

Millions of Tons-Stabilization programs for inactive sites requjred by Uranium Mill Tailings Act of 1978.

Equilibr}um exists. Annual additions equivalent to annual decay rate of "'2xl0 Ci.

Primarily spent fuel. Activity varies with age of material. Assumes average age of 10 years for add~tions and cumulative inventory.

Activity @ 10 years = 1.05 x 10 Ci/MTHM.

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4. Summary of Technical Findings of the IRG.

o Present scientific and technological knowledge is adequate to identify potential repository sites for further investigation.

No scientific or technical reason is known that would prevent identifying a site that is suitable for a repository provided that the systems view is utilized rigorously to evaluate the suitability of sites and designs, and in minimizing the influence of future human activtjties.

o A systems approach should be used to select the geologic environment, repository site, and waste form. A systems approach recognizes that, over thousands of years, the fate of radionuclides in a repository wil 1 be determined by the natural geologic environment, by the physical and chemical properties of the medium chosen for waste emplacement, by the waste form itself and other engineered barriers.

o The feasibility of safely disposing of high level waste in

,mined repositories can only be assessed on the basis of specific /

'investigations at and determinations of suitability of particular sites.

o Some uncertainty about repository performance will always exist. Thus, in addition to technical evaluation, a societal judgment that considers the level of risk and the associated uncertainty will be necessary.

o Detailed studies of specific, potential repository sites in different geologic environments should begin immediately.

Generic studies of geologic media or riik assessment analyses of hypothetical sites, while useful for site selection, are not sufficient for some aspects of repository design or for site suitability determination. Although most is known about the engineering aspects of a repository in salt, on purely technical grounds no particular geologic environment is an obvious preferred choice at this time.

0 The actinide activity in transuranic wastes and high level J

wastes suggest that both waste types present problems of comparable magnitude for the very long term (i.e., greater than a thousand years).

l i 0 The degree of long-term isolation provided by a repository, viewed as a system, and the effects of changes in repository design, geology, climate, and human activities on the public health and safety can only be assessed through analytical modeling.

o Because it is not possible to predict or to restrict the activities of future generations, site selection guidelines, site suitability criteria, and repository design criteria must be developed in such a way as to minimize potential deleterious effects of human activities.

o Reprocessing is not required to ensure safe disposal in appropriately chosen geologic environments. Repositories can be designed to receive either solidified reprocessed waste or discarded spent fuel.

Attachment:

Executive Order

-~

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16 EXECUTIVE ORDER 1 ---------------

• 1 T!IE STATE PLANNING COUNCIL ON RADIOACTIVE WASTE MANAGEMENT I

By the authority vested in me as President by the Constitu-tion and laws of the United States of America, and in order to create, in accordance with the provisions of the Federal Advisory Committee Act, as amended (S u.s.C. App. I), an advisory committee on radioactive waste management, it is hereby ordered as follows:

1-1. Establishment.

1-101~ There is established the State Planning Council on Radioactive Waste Management.

1-102. The Council shall be composed of eighteen members as follows:

(al Fourteen members designated by the President as follows:

(1) Eight Governors of the various states.

(2) Five State and local elected government officials other than governors.

(3) One tribal government representative.

(b) The heads of the following Executive agencies:

(1) Department of the Interior.

(2) Department of Transportation.

(3) Department of Er.ergy.

(4) Environmental Protection Agency.

1.

r. 17 I

l

• 1 (c} The Chairman of the Nuclear Regulatory Commission is invited to participate in the activities of the Council; representatives of other depart~ents and of United States territories and the Trust ~erritory of the Pacific Islands are invited to take .part in the activities of the Council when matters affecting them are considered.

1-103. The President shall designate a Chairman from among the members of the Council.

1-2. Functions.

1-201. The Council shall ?rovide advice and recommendations to the President and the Secretary of Energy on nuclear

'I.

waste management (including interim management of spent \.

fuel). In particular, the Council shall:

\

(a) Recommend procedural m*3chanisms for reviewing nuclear waste management plans and programs in such a way to ensure timely and effective State and local involvement. Such mechanisms should include a consultation and concurrence process designed to achieve Federal, State, and local agreement which accommodates the interests of all the parties.

(bl Review the development of comprehensive nuclear waste management plans including planning activities for trans-portation, storage, and disposal oE all categories of nuclear waste. Provide recommendations to ensure that these plans adequately address the needs of the State and local areas affected.

(c} Advise on all aspects of siting facilities for storage and disposal of nuclear wastes, including the review of recommended criteria for site selection and site suitability, guidelines for regional siting, and procedures for site characterization and selection.

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(d) Advise on an appropriate role for State and local governments in the licensing process for nuclear waste repositories.

(e) Advise on proposed federal regulations, standards, and criteria related tc nuclear waste management programs.

(f) Identify and make recommendations on other matters related to the transportation, storage, and disposal of

/

nuclear waste that the Council believes are important.

1-202. Within one year after the Council's first organiza-tional meeting, but in any event not later.than seventeen months after the issuance of this Order, the Council shall prepare and submit to the President a public report on its functions set forth in Section 1-201.

1-3. Administrative Provisions.

1-301. Subcommittees of the Council may be established in accordance with the provisions of the Federal Advisory Committee Act, as amended.

1-302. The members of the Council, including the members of its subcommittees, who ar~ not otherwise paid a salary-by the Federal Government, shall receive no compensation from the United States by virtue of their service on the Council, but all members may receive the transportation and travel expenses, incl~ding per diem in lieu of subsistence, authorized by law (5 u.s.c. 5702 and 5703).

1-303. To the extent permitted by law, and subject to the availability of funds, the Secretary of Energy shall provide the Council, including any subcommittees, with necessary

• . facilities, support, and services, including staff and an I

executive director.

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i lI 1-4. General Provisions.

I 1-401. Notwithstanding the provisions of any other Executive II order, the functions of the President under the Federal I Advisory Committee Act, as amended (5 U.S.C. App. I), except*

that of reporting annually to the Congress, that are appli-cable to the Council, shall be performed by the Secretary of Energy in accordance with guidelines and procedures estab-lished by the Administrator of ~eneral Services.

1-402. The Council shall terminate thirty days after it transmits its final report to the President, but in no event shall it terminate later than eighteen months after the effective date of this Order.

THE WHITE HOUSE 1980

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