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 G Office of Nuclear Reactor Regulation
To:
References
GL-83-007, NUDOCS 8302170082
Download: ML031080198 (7)

FEB 16 1983TO ALL POWER AND NON-POWER REACTOR LICENSEESo APPLICANTS FOR AN OPERATINGLICENSE AND HOLDERS OF CONSTRUCTION PERMITSGentlemen: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 purposeof 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 generatorsof spent nuclear fuel or high-level waste to have a contract with theSecretary of Energy, by June 30, 1983, for the disposal of such waste.This mandate applies to all facilities licensed under Sections 103 and 104of the Atomic Energy Act of 1954. If a facility is to be licensed or haveits license renewed before June 30, 1983, licensing Is contingent on theexistence of either a contract with the Secretary or a written affirmationby the Secretary that the owner/generator is actively and In good faithnegotiating with the Secretary. For facilities to be licensed or have alicense renewed after June 30, 1983, licensing is contingent on theexistence of a contract.On February 4, 1983, the Department of Energy (DOE) issued a draft contractin the Federal Register (48 FR 5458). If you have any questions regardingthe contracts, please contact Mr. Robert M. Roselli of DOE (301-353-4808).Sincerely.Darrell G. Eisenhut, DirectorDivision of LicensingOffice of Nuclear Reactor RegulationEnclosure:As statedg3Con PJOO Wa 1N1wW~8392170082*SEE PREVIOUS CONCURRENCES **CONCURRENCE BY TELEPHONEOFFICE *DL ...*.QE.L. .. .K ............* * ..MSS ... , .......... ............... ..... .......................SUSNAME~ MWilliams WOlmstead DEisenhut R~r-ow ni ......dSUNb.Wi. .i.a................... ..W.Q............ .......... t ea d ..i... .... t.R .w.i.n....... H. .t..o..n ........................DATE.auN ....-. J.... ...... 2.l. 4/.. 3 .?.. .1 ?.4.8.. 2/ ./.8. ..... .................WRO FORM 318 (1040) KRCM 0240OFFICIAL RECORD COPYUSGPO: 1981335e960

TO ALL POWI AAND fNOI-POWER REACTOR LICENSEES W 14 HOLDERS OF CONSTRUCTIONPERMITSGentlemen:SUBJECT: THE NUC WASTE POLICY ACT OF 82 (Generic Letter No.83-071On January 7, 1983, the clear Waste Po Icy Act was enacted. The purposeof 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 generatorsof spent nuclear fuel or high- el w .te to have a contract with theSecretary of Energy, by June 30, 83, for the disposal of such waste.This mandate applies to all facilit e licensed under Section 103 and 104of the Atonic Energy Act of 1954. cf a aciity is to be licensed or have itslicense renewed before June 30, 19 3. lic sing is contingent on the existenceof either a contract with the Secietary or written affirmation by theSecretary that the owner/enerat! is active and in good faith negotiatingwith the Secretary. For facilit es to be lIce ed or have a license renewedafter 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 inthe Federal Register (48 FR 54 8). If you have any q stions regarding thecontracts, please contact Mr. obert M. Roselli of DOE 01-353-4808).Sincerely,Darrell G. Eisenhut, DirectoDivision of LicensingOffice of Nuclear Reactor Regul tinEnclosure:As stated* SEE PREVIOUS CONCURRENCESOFFICE~ *DL *OELD *DL NRR .. ..nom~.... *.D..V... *OL .,,l .*.L....... ..NRR,............. .......... ........... .......................0SURNAME .WiIIiams WOlmstead DEisenhut !Aw.t.a .. ...................... ... ...................DATE & .. .128/83 ... ....112 3. ...... .83..d. .21.. tJ ........t.............. .. ............... .... ......................NRC FORM 318 (10-80) NRCM 0240,OFFICIAL RECORD COPYtJSPO. t981-33$

FEB 2 198)TO ALL POWE D NON-POWER REACTOR LICENSEES WITH HOLDERS OF NSTRUCTIONPERMITSGentlemen: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 purposeof this letter is to ensure tha you are aware of a rovision of the Act(Section 302(b)) (copy enclosed) at requires lice sed owners or generatorsof spent nuclear fuel or high leve waste to have contract with the Secretaryof Energy, by June 30, 1983, for the isposal of uch waste.This mandate applies to all facilities 1 censed under Section 103 and 104of the Atomic Energy Act of 1954. If a f ill y is to be licensed orhave its license renewed before June 30, 1 3 licensing is contingent onthe existence of either a contract with the cretary or a writtenaffirmation by the Secretary that the ownerf erator is actively andin good faith negotiating with the Secreta .or facilities to belicensed or have a license renewed after J ne 30, 1983, licensing iscontingent on the existence of a contractThe bepartment of Energy plans to issue draft contr t in the FederalRegister in early February 1983. If yo have any quest ons regarding thecontracts, please contact Mr. Robert selli of DOE (301 53-4808).S ncerely,Darrell G. Eisenhut, DirectorDivision of LicensingOffice of Nuclear Reactor Regut ionEnclosure:As Statedcc: HRDenton*SEE Previous Concurrence iOFIE DL *OELD *NRROFFI CE .1 .... ... ................... .....1 ........ ........................ ........ ........................SURNAME~ tWi11. gns~~ ~mtad DntonISURNAM~~~. .M.W......ll..'a.s.;.m....Wl.m..e.a.d.. ..DG......... .t etn......... ........... ... ........ .....................DATE 12.. .? .8 ........... ... /.....DAR E O M 1 ................ .......OaF.....A...RE C O R ... COPY....................... U P...................NRC FORM 318 (10-M0 NRCM 0240O FFICIA L R EC O.R.D C OPY6SGPO. t98t-5960

VTO ALL IPERMITSAND NON-POWER REACTOR LICENSEES WITH HOLDERS OF CONSTRUCTIONGentlemen:SUBJECT: THEWASTE POLICY ACT OF 1982 (Generic Letter No. 83-)On January 7, 1983 tIe Nuclear Waste Policy Act was enacted. The purposeof 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 spentnuclear fuel or high 1e0e1 waste to have a contract with the Secretaryof Energy, by June 30, 1 3, for the disposal of such waste.This mandate applies to all acilities licensed under Section 103 and 104of the Atomic Energy Act of 1 4. If a facility is to be licensed orhave its license renewed before June 30, 1983, licensing is contingent onthe existence of either a contra with the Secretary or a writtenaffirmation by the Secretary thatOhe Owner/generator is actively andin good faith negotiating with the Scretary. For facilities to belicensed or have a license renewed after June 30, 1983, licensing is con-tingent on the existence of a contractThe Department of Energy plans to issue a draft contract in the FederalRegister in early February 1983. If you h e any questions regarding thecontracts, please contact Mr. Robert Rosell f DOE (301-353-4808).Sincerely,Darrell G. EisenhfDivision of LicensOffice of Nuclear/DL.............. DGEtnsen.h*.!...1. ....z..8 .........l4Mf FIED.' I "................. ..........i.W... ..s.t.ead......... ............... ......... ........................J.5..t.. .. .8 Ai ..... ................... ..... .. ................................... .................... ..............................I_-NRC FORIU 318 10-80) NRCIA 0240OFFICIAL RECORD COPYLISGPO: 1981--350O

7.S..MR.8809-57be accepting high-level radioactive waste or spent nuclear fuelfor disposal;(10) an estimate, on an annual basis, of the costs required (A)to construct and operate the repositories anticipated to beneeded under paragraph (9) based on each of the assumptionsreferred to in such Prraph; (B) to construct and operate atest and evaluation fclity, or any other facilities, other thanrepositories described in subparagraph (A), determined to benecessary; and (C) to carry out any other activities under thisAct; and(11) an identification of the _possible adverse economic andother Impacts to the State or Indian tribe involved that mayarise from the development of a test and evaluation ficility orrepositoryat a site.(b) SUmlmON OF MSON PLAN.-1) Not later than 15 monthsafter the date of the enactment of this Act, the Secretary shallsubmit a draft mission plan to the States, the affected Indian tribes,the Commission, and other Government agencies as the Secretarydeems appropriate for their comments.(2) In preparing any comments on the mission plan, such agenciesshall specify with precision any objections that they may have. Uponsubmission of the mission plan to such agencies, the Secretary shallpublish a notice in the Federal Register of the submisson of themission plan and of its availability for public inspection, and, uponreceipt of any comments of such agencies respecting the missionplan, the Secretary shall publish a notice in the Federal Register ofthe receipt of comments and of the availability of the comments forpublic Inspection. If the Secretary does not revise the mission planto meet objections specified In such comments, the Secretary shallpublish in the Federal Register a detailed statement for not sorevising the mission plan.(8) The Secretary, after reviewing any other comments made bysuch agencies and revising the mission plan to the extent that theSecretary may consider to be appropriate, shall submit the missionplan to the appropriate committees of the Congress not later than 17months after the date of the enactment of this Act. The mission planshall be used by the Secretary at the end of the first period of 80calendar days (not including any day on which either House ofCongress Is not in session because of adjournment of more than 8calendar days to a day certain) following receipt of the mission planby the Congress.NUCIZAR WASTE FUNDSEC. 802. (a) CoNTRAs.-(1) In the performance of his functionsunder this Act, the Secretary is authorized to enter into contractswith 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 wasteor spent fuel. Such contracts shall, provide for payment to theSecretary of fees pursuant to paragraphs (2) and (3) sufficient tooffset expenditures described in subsection (d).(2) For electricity generated by a civilian nuclear power reactornd sold on or after the date 90 days after the date of enactment ofthAc the fee under paragraph (1) shall be equal to l.0 mil perkilowatt-hour.

IEL SSO9-58(3) For spent nuclear fuel, or solidified high-level radioactivewaste derived from spent nuclear fuel, which fuel was used togenerate electricity in a civilian nuclear power reactor prior to theapplication of the fee under paragraph (2) to such reactor, theSecretary shall, not later than 90 days after the date of enactment ofthis Act, establisha1 time fee per kilogram of heavy metal in spentnuclear fuel or In solidified high-level radioactive waste. Such feeshall be in an amount equivalent to an average charge of 1.0 mil perkilowatt-hour for electricity geperated by such spent nuclear fuel orsuch solidified hgh-level waste derived therefrom. to be collectedfrom any person delivering such spent nuclear fuel or high-levelwaste, pursuant to section 123, to the Federal Government. Such feeshall be paid to the Treasury of the United States and shall bedeposited in the separate fund established by subsection (c) 126(b). Inpaing su a fee, the person delivering spent fuel, or solidifiedh-level radioactive wastes derived therefrom, to the Federal Gov-einment shall have no further financial obligation to the FederalGovernment for the long-term storage and permanent disposal ofsuch spent fuel, or thso ed high-level radioactive waste derivedtherefrom.(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). eecretarysl annually review the amount of the fees establishedby paragraphs (2) and (3) above to evaluate whether collection of thefee will provide sufficient revenues to offset the costs as defined insubsecion (d) herein. In the event the Secretary determines thateither insufficient or excess revenues are being collected, in order torecover the costs incurred by the Federal Government that arespecified in subsection (d), the Secretary shall ropose an adjust-ment to the fee to insure full cost recovery. TWe SecretaryImmediately transmit this proposal for such an adjustment to Con-gress. The adjusted fee proposed by the Secretary shall be effectiveafter a period of 90 days of continuous session have elapsedfollowing the receipt of such transmittal unless during such 9day perod either House of Congress adopts a resolution disapprov-ing the Secretary's proposed adjustment in accordance with theprocedures set forth for congressional review of an energy actionunder 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, theSecretary shall take title to the hig-level radioactive waste orent nuclear fuel Involved as expeditiously as practicable uponrequest of the generator or owner of such waste or spentfuel; and(B) In return for the payment of fees established by thissection, the Secretary beginning not later than January 81,1998, will dispose of tie high-level radioactive waste or spentnuclear fuel involved as provided in this subtitle.(6) The Secretary shall establish in writing criteria setting forththe terms and conditions under which such disposal services sall bemade available.(b) ADVANCE Co=ACrio REsQM..Ui r.-C1XA) The Commissionshall not issue or renew a license to any person to use a utilizatibnor production facilitv under the authority of section 103 or 104 of theAtomic Enerr- A.c of 195;4 (!o_ IC.5C. 213°. 213?1) t Iov- A,,, .' r, t*.1.R.8809-59O) such person has entered into a contract with the Secretaryunder this section; or(ii) the Secretary affirms in writing that such person Isactively and in good faith negotiating with the Secretary for acontract under this section.(B) The Commission, as it deems necessary or appropriate, mayrequire as a precondition to the issuance or renewal of a licenseunder section 103 or 104 of the Atomic Energy Act of 1954 (42 U.S.C.2133, 2184) that the applicant for such license shall have enteredinto an agreement with the Secretary for the disposal of high-levelradioactive waste and spent nuclear fuel that may result from theuse of such license.(2) Except as provided in paragraph (1), no spent nuclear fuel orhigh-level radioactive waste generated or owned by any person(other than a department of the United States referred to in section101 or 102 of title 6, United States Code) may be disposed of by theSecretary in any repository constructed under this Act unless thegenerator or owner of such spent fuel or waste has entered into acontract with the Secretary under this section by not later than-(A) June 80, 1983; or(B) the date on which such generator or owner commencesgeneration 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 intounder this section may be assignable with transfer of title to thespent nuclear fuel or high-level radioactive waste involved.(4) No high-level radioactive waste or spent nuclear fuel generatedor owned by any department of the United States referred to insection 101 or 102 of title 6, United States Code, may be disposed ofby the Secretary in any repository constructed under this Act unlesssuch department transfers to the Secretary, for deposit In theNuclear Waste Fund, amounts equivalent to the fees that would bepaid to the Secretary under the contracts referred to in this sectionIf such waste or spent fuel were generated by any other person.(C) ESTADLISHMENT OF NUcLEAR WASTE FuND.-There hereby isestablished in the Treasury of the United States a separate fund, tobe known as the Nuclear Waste Fund. The Waste Fund shall consistof-(1) all receipts, proceeds, and recoveries realized by the Secre-tary under scions (a), (b and (el which shall be depositedin the Waste Fund immediately upon their realization;(2) any appropriations made by the Congess to the WasteFund; and(0 any unexpended balances available on the date of theenactment of this Act for functions or activities necessary orincident to the disposal of civilian high-level radioactive wasteor civilian spent nuclear fuel, which shall automatically betransferred to the Waste Fund on such date.(d) USE OF WAST FUND.-The Secretary may make expendituresfrom the Waste Fund, subject to subsection (e), only for purposes ofradioactive 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, retrievablestorage facility or test and evaluation facility constructed underthis Act;I