ML20128Q291
| ML20128Q291 | |
| Person / Time | |
|---|---|
| Issue date: | 03/15/1984 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| Shared Package | |
| ML19292E725 | List:
|
| References | |
| FOIA-85-170, TASK-PII, TASK-SE SECY-84-118, NUDOCS 8507130408 | |
| Download: ML20128Q291 (33) | |
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POLICY ISSUE March 15,1984 SECY-84-ll3 (InfOrmatiOn)
For: The Commissioners From: William J. Dircks Executive Director for Operations
Subject:
DOE STUDY ON ALTERNATIVE APPROACHES TO FINANCING AND MANAGING CIVILIAN RADIOACTIVE WASTE MANAGEMENT FACILITIES
Purpose:
To inform the Commissioners on the first meeting of the
- Advisory Panel Discussion
- Section 303 of the Nuclear Waste Policy Act (NWPA) i required the Secretary of the Department of Energy (00E) to l " undertake a study with respect to alternate approaches to l
managing the construction and operation of all civilian radioactive waste management facilities, including the feasibility of establishing a private corporation for such t purposes." The Secretary was directed by Section 303 to
" consult" with the Chairman of the Nuclear Regulatory Commission (NRC) as well as the Director of the Office of Management and Budget (OMB) and appropriate agency representatives. Section 303 required the study to be
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submitted to Congress by January 7, 1984.
In carrying out these provisions DOE elected to establish ,
an Advisory Panel pursuant to the provisions of the Federal i Advisory Committee Act. The background surrounding the establishment of the Panel is Enclosure 1. The listing of the panel mambers and their affiliation is Enclosure 2.
The Federal Register notice calling the first meeting for January 24 and 25, 1984, together with the " Tentative Agenda" is Enclosure 3. A transcript of the meeting is Enclosure 4.
Contact:
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i Items of potential interest to NRC'vhfch were covered during the meeting are as follows: ,
(1) Cost Increases - DOE announced that through their FY85 budget they were seeking an increase in the fee from 1 mil /KWH to 1.14+ mil /KWH to cover costs. There was considerable concern by numerous panel members over this cost growth. Going back too often for fee -
increases is seen as a threat to the program.
(2) Schedule Slips - DOE announced they would also slip the 1987 date for site reconsnendations to 1990. DOE's inability to meet schedules also was cause for corsiderable discussion.. This extended to DOE's
' ability to establish a credible schedule and discipline to meet same.
(3) Schedule Assumption in Mission Plan - DOE emphasized they intended to recapture some of the schedule slips by dbtaining a limited work authorization frem NRC six months after submittal of the application and begin underground construction of a cellocated test and
- evaluation facility without the requirement for obtaining a license from NRC.
(4) One Federal Agency Regulating Another - Th'is subject was brougnt up by Battelle in the context that their examination of the record shows poorer performance by the regulator when regulating another federal agency
. than when regulating private corporations. On the other hand, record of private corporations seems to show less accountability to pub 7ic and Congress. The Chainnan indicated the Panel would examine this issue.
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/-
L William J. Dircks Executive Director for Operations
~
Enclosures:
- 1. Advisory Panel Background
- 2. Listing of Panel Members
- 3. Federal Register Notic'e
- 4. Transcript of Meeting
- Available in the Office of the Secretary. ,
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DISTRIBUTION W s/r AUG 2 91983 NMSS r/r MEMORANDUM FOR: William J. Dircks Mun
. Executive Director for Operations 0Mattson FROM: John G. Davis, Director Office of Nuclear Material Safety and Safeguards r g
SUBJECT:
ASSIGNMENT OF AN NRC OBSERVER TO ATTEND MEETINGS OF THE 00E ADVISORY PANEL ON ALTERNATIVE MEANS OF FINANCING AND MANAGING (AMFM) RADI0 ACTIVE WASTE FACILITIES Section 203 of the Nuclear Waste Policy Act of 1982 requires the Secretary of Energy to undertake a study with respect to alternative approacnes to managing the construction and operation of all civilian raoicactive waste management facilities, including the feasibility of estaolishing a private corporation for such purposes. The Act requires *
' the Secretary to consult with the Director of the Office of Management and Budget, the Chairman of the NRC, and such other Feceral agency representatives as may be appropriate. The study is to be completed and the results submitted to Congress, within one year after the date of l enactment of the Act (by January 7, 1984).
00E has chartered and is presently in the process of selecting participants for the AMFM advisory panel which will be performing the required study. As part of the DOE /NRC consultation process for this study, NRC has been extenced the opportunity to have a staff observer attend advisory panel meetings. Therefore, in accordance with the letter from Chairman Palladino to Secretary Hodel dated July 8, 1983, we are nominating Joseph 0. Bunting to be the staff representative at these meetings. Meeting notes will be famarded to you for transmittal to the Commission soon after the conclusion of each meeting. Should any questions arise concerning this activity please contact Robert E.
Browning at extension 74200.
(fcned) John G. Davis John G. Davis, Director Office of Nuclear Material Safety and Safeguards
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83/08/ 83/08/ 83/08/24 83/08/71 Enclosure 1
July 8, 1983 The Honorable Ocnald Paul Hodel '
Secretary of Energy l Wasnington, DC 20585 l l
Dear !!r. Secretary:
Thank you for your letter of June 9,1983 infoming me of your intent to establish an advisory panel to assist you in tne study required by section 303 of the Nuclear Waste Policy Act.
Early in your process of establisning an advisory panel we voiced a c:ncarn tnat :ne proposed charter for the panel did not provide for keeping *;RC streast of the panel's pr:gress. This ::n=ern nas been resolved in suosequent staff discussions and we have been extenced th to have an NRC coserver attend -he acvisory panel .ae ings. e am pieased .
with this arrangement and believe that it will afford us the sopr priata means of following the panel's progress anc will ennance cur ability to c:nsult with you prcmptly on ecmpletion of the advisory panel's recort.
In regard to the scope of NRC involvement with this study, we intend to limit our area of consultation to the examination of potential impacts on NRC regulatory responsibility which may flow from any recomended alternative management preposal.
I lock forward to a meaningfu.1 exchange in the coming months.
Sincerely, Treated as Chaiman Correspondence Ref.-CR-83-110 W *h.s Iunzio w Q
Nunzio J. Palladino Chatman Distribution:
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THE SECRETARY OF ENERGY
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., wasMINoToN. o C 20585 June 9, 1983 Honoracle Nunzio J. Palladino Chairman, Nuclear Regulatcry Commission Wasnington, D.C. 20555
Dear Mr. Chairman:
Section 303 of tne Nuclear waste Policy Act of 1982 (P.L.97-425) requires tne Department of Energy (00E) to study alternative aco:cacnes to managing tne construction anc operati:n cf all civilian raci: active waste management facilities, inclucing One feasiollity of estaclisning a orivate Oo::::ati:n for suen Ou:00ses. 00E must su mit a Recort to Congress Oy January 7, 1953, .ni:n will incluce a tnorcugn and cojective analysis Of tne a vantages an cisadvantages tf eacn ,
alternative a::::acn.
In acco::ance witn ene statuts, une study sna11 se conducted in consultation nitn tne Directo: of tne Office of Management and Sucget, One Chairman of tne Nuclear Regulatory Commission, and other accropriate Federal Agency representatives. I wisn to inform you of an action I nave taken to assist in the development of this study.
I am establisning, witn tne concurrence of tne Committee
. Management Secretariat of tne General Services Administration, an kdvisory Panel on Alternative Means of Financing anc Managing (AMFM) Radioactive Waste Facilities.
I am considering nominations of persons witn accrope.iate capabilities and cackground to serve on tne AMFM Panel, wnich will consist of approximately ten memoers. Panel memoers will se selected from a cross-section of interested persons and
~ groups. ' Participants will need excertise in ene areas of utility regulation; utility operations; puoli: administration and management organizati:n; corporate financing; law; State / local governments and Indian nations; puolic interest / consumer groups; nuclear incustry operations; and ,
Federal / State legislatures.
I am naving a notice puolisned in tne Feceral Recister. After a 15-day waiting period, a Charter will se filec witn tne apor,opriate standing committees of Congress and tne Library of Congress.
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.. I shall notify you when the Panel is selected to provide you with the names of the members and the time and place of their first meeting.
Sin rely, I
DONALD PAUL HOCEL o
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c CE?ARTMENT OF ENERGY
. CHARTER ADVISORY PANEL ON. ALTERNATIVE MEANS OF FINANCING AND MANACING RADICACTIVE WASTE FACILITIES
. . l
- 1.
- Panel's Official Desienation: .
t
. Advisory Panel en Alternative Means of Financing and Managing (AMFM) Radi active Waste Facilities.
- 2. Obie:tives a-c 5:::e Of Activities: .
T: stucy and re:::: t: the De:artment =f Energy :n ,
alternative means of financing anc managing civilian .
racica:tive waste facilities, pursuant to Section 303 o f the Nuclea: Was e : licy A:: Of 1932 (P.L.97-425). The panel's re:::t will incluce a the: ugh and coje :1ve -
analysis =f the acvantages and cisacrantages of each --
altt native acc::a:h. The canel shall c:mplete its report and deliver its rep :t to the Department by ~
November 15, 1783.
3 '. Tine 8eriod Necessary f: the ANFM t: Carrv Qut Its
. Pur:cse:
Aporoximately 10 months. ,
A. Official to Whom this AMFM Re:crts:
The Secretary.cf Energy, th cugh the P:cject 01:setor, Nuclear Waste Policy Act P:cject Of fice.
, 5. Acenev Rescensible fer P :vidin: Necessarv Sue:::t f:: the AMFM:
l The DOE. Within the DOE, primary support shall be .
furnished by the Nuclear Waste Policy Act Project Office.
- 6. Descri ti:n of Outies fe; which the AMFM is Res:ensible:
The duties of the Panel are sclely advisory and are statec in paragrach 2 above.-
Estimated Annual Ocerstine Cests in oc11ars and
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Person-years:
$330,000: 0.75 person-years.
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8, Estimated Number and Frecuenev of Meetines: -
The AMFM will meet a;::: ximately six times, on a monthly
. basis between May and November 1983, c as deemed ap;::::iate by the Oe:artment of Energy.
- 9. aHrM Termination Date:
No later than March 7, 1984. .
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- 10. AHrM Me.mbers:
The A"FM shall Consist of a;0::ximately ten members a;: inted by the Se :stary of Energy. The Secretary shall ~
als: designate one member te serve as chairman.
This Charter f:: the AMFM named as:ve 'is heracy a::p ved on: ,
Date: - -
. K. Dean Helms Advisory Ccmmittee Management Office Date Filed: -
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r MEMBERSHIP LIST ADVISORY PANEL ON ALTERNATIVE MEANS OF FINANCING AND MANAGING RADIOACTIVE WASTE FACILITIES Chairman Diarmuid F. O'Scannlain Senior Partner Ragen, Roberts, O'Scannlain, Robertson and Neill 1600 Orbanco Building 1001 S.W. Fifth Avenue Portland, Oregon 97204 Members
. E. Linn Draper, Jr.
Gulf State Utilities 350 Pine Street
Senior Vice President - Operations Soutnwest Researen Institute P.O. Drawer 29510 San Antonio, Texas 79294 Rodman D. Crimm Presiden
'DGR Investment Corp. ,
600 Water Street, S.W.
) Washington, D.C. 20924 -
Barbara Keating-Edh 913 Wycliffe Court Modesto, California 95355 Terry R. Lash Department of Nuclear Safety 1935 Outer Park Drive Springfield, Illinois 62704 Enclosure 2 .
r
,, Melvin Sampson Yakima Tribal Council P.O. sex 151 Toppenish, Washington 98948 Dr. Fred Singer Clark Hall University of Virginia -
Charlottesville, Virginia 22903 David W. Stevens Office of the Governor Legislative Building Olympia, Washington 98504 Sidney M. Stoller 1250 arcadway New York, New York 10001 lg ,
Chairman Larry J. Wallace Indiana Public Service Commission
- 901 State office Building Indianapolis, Indiana 46204 -
Honorable Arnie Wight New-Hampshire House of Representatives State House Concord, New Hampshire 03301 e
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Adunt Basiseur / Vol. 4e. Not 5 / Monday, January 9.1986 / Noticas c. tsar ?
II. Alternatives Eveleeted in the Dated:Jaemary 4.15B8. 34.nnn nnn !!le requested that all Prelimanary Eevironmental Assessment F. M. Oule. . Interested parties provide wrftten .
Isawanant commerdet. /A GC f./.S. Navy. not15 cation of then*mtervetinrecemag
^* N8 **"*** .
Alasmess /scieroI Aagisterl.iemerr OfFcer". a copy of the PON to the belowlisted
. B. Renovados of existing facilities. gritons asre.es seens : point of contact not later than twertty C. Alternatrve site locations. saame cons u m.as.e (20) days from the date of publication of this notice. Telephone inquines will act III. Statement of Conferenty to State and ,
be accepted. -
Local Flood Plain Pradarnaa Standards DEPANTMENT OF ENERGY ,,, ,y,,,,,,, ,,,,,,47,,, ,,,,.7,g.y.
It has been astermined that the (PoM No. N 1 - U.S. Department of Energy. Albuquerque proposed action is consistent with the Opezetsons Of5ce. Contracts and St:te of Pennsylvania's Coastal Zone AveNabety of Progrant Opportunity Induatnal Relations Division. ATIN:
Management Plan to the ==vimum . Notice for Small Community Seier O. W. Wahlandar. P.O. Box 5400. .
extent pr.+.wi. Expertmente ,
Albequentua. NM artis. -
IV. Waaaa== Action is Proposed to be ' as.
d 051ce.
Located in Mood Plain mesme1.nash. -
AcTiosa Availahdity of Program A. Afflitary Asadiness and Cost Oppormnity Nottee (PON) for Small avessor. hecureme,ermWAsmusence
"he maior advantage to be realized Community Solar Fwpenamle [PON No. W 8'"*"**
DE-PNO4 44AL25tI54) .
penamen.arfows.e.eemsaus a construction of a new hnspital will . saaen ooms een.n.e be a niore efficient organization of speessafry: DOE intends to issue an
- functional relationships, and therefore, a unrestricted PON which will solicit m:re effect2ve use of sta5. A new preposals for the development of Offles of Cheen Radioeceve Weses f:cility will also provida an improved technologies for low-coet. long.ufa solar Management; Adwtoory Peneien capability for efficient expansion in the thermal systems for electrical owe Altemattve Means of pinencing and future.This transistes d:rectly into a generanon appheadons using feensr Menegwig (AAAFU) RossanctNo Wesso savings in dollars and manpower. pomt collectors and Breyton. Stirlingt. Feometies; Open Meeting. .
Finally, the cost of a new facWty is estunated to be approxucataly eight
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pctat. lssuance is plan.ned for January Purnant M b pnmasons of the Tederal Adytsoryh*== Act(Puh..
nulhon dollars less than.the estimated gggg, . L 92-463. as Stat. 770), notice is hereby-cost of rehabilitation of theexisung Authonty: DOE Or==*ad- Act, given of the foDowing meeting:
i IICW'7 , Pub. L s!Mr1. 42 U.S.C. 7101: F'ederal
- Name: Advisory Permi sa Akemmeve l -
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Non.rmclear Energy Research and Menes of Finamens and Manages (AMFM)
Development Act of 1874. Pinh. L sp.37't. Radioasteve Weste Famitties.
Proximity of the proposed facility , 42. U.S.C. Sect et sep DOE Ptnancial Date and 71mse Jaemary 24, isse, eso a.m.-
within the existing navalinstallation . Aseistance Regulations. to CFR Part eco, smo p.nu Jannery a, tasa, eco e e6-tse p.m..
Subparts A and C. Plaem: U.S. Departmoet of Imsry. Ferrasmi will is - e see "intaine L This activity is part of the Solar A 5 n.
memoower System Progr.m for cas,es,, u ard ,arr,. u c.;os,.r,s.o.t t General - Persbolic Dish systems to demonstrate of y.nergy. Ofsos d ovaisin nadionsmus technology for parabolic dish.best Weste Management, toon tadspendence heae of ***"*"iC -
engine electdc power generation Avenue SW. Weeksegue.Df 3DIsE. .
. eneonmental and operadonal factors modnies for assall atility markets. The - Toispheem ans/ ass eana.- ,.
led to selection of one of Sve s, tee on objectives of the proyen are:(1)To" ' -
the main kx dlof which are within venty a persbelic dish solar thermal e the W .
the soo year Bood plain.The preferred ' electrical power generating modular To stely and report to the Deparnment site is approximately 4 feet below the - system using adsting Breyton. Stirling of Energy on alternative approaches as 300 year Good elevation but above the or Organic Ranidne Cycle best engines managing the construction and .
100 year flood elevation. This ecdon is technology: and (2) todesign. cons.1ruct - operetion of civilian radibactive waste-therefore subject to the provtsions and and operate experunentoi muld. module facilities, pursuant to Section 30s of the requirements of Executive Order 1:ses, solar thermal electrien! power Nuclear Weste Policy Act of inet (Pob.
the stated objecove of which is to - generstag. plants using vertned modules L 97-423). N penet's report wdl reduce the risicof Soodloss and to at locanons in Osage City. Kanses, and include 4 thorough and objective annimise the hapact of floods on henan on the island of Molokai. Hawaii.J.ach o analysis of the advantagemend safety. health and welfare. . plant wdB have e rated electrical power disadvantages of each aNornative output of at least 100 KWe. approach. '
, V.Deteradanden Pursuant to the DOE Assistance Testadve Agamla -
I Regulations (to CFR Port 800). DOE .
Based on the Prelkninary anticipates awarding 3 Cooperative . Ja.nuary 24.'1984: -
Environmental Assessment.and for the Agreement for each project 1ocation
- Comunittee Charter re: sons cited above. the Department of subject to theivailability of funds. The
- Nuclear Waste Policy Act .
the Navy has detonnined that location parecipants are expected to contribete ~
- Program Status .
cf the proposed .c - ---- 3 naval Manamally,to the e5 art which is
- Indosey and State Perspectives hospital in the base coastal Good plain expected to comunence in mid 1984 and
- Coennittee Priorities and Products is the only procticeble alternative to the be completed in leer. Dors ======
- Public Coennent (to minute ruis). .
Navy. .
centribumen for each project location is Jannarysa.sene: .
~
,- Enclosure 3
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~ 11as . . Fedesal Resister' / Vct. 48. No. S / Monday, January 9,1964 / Noticas
-
- Ceaumttee schedule and tabulations. Appendix A!!sts the. authority, the term " State regulatory- ,
i A mayunants covered utgities by State. and Appendix authority" means the TVA.
4 Staff Suppens Needs B 11sts theat alphabetically. TitleI of PURPA sets forth ratemakmg
= Budget .
Each State regulatory authority is and regulatory policy standards with at Public f"ammaat (10 minute rule), required. pursuant to sectons 102(c) and respect to elecmc unlities. Secton g .m .
.' 301(d) of PURPA and section 211(b) of. 102(c) requime the Secretary of Energy
~-2 - NECPA. to notify the Secretary of to publish a ust. before the begmning of The meenns.is open to th'e public. '
i Energy of each electric ut!!ity and gas each calendaryear,identifymg each i
Wntten statements may be filed with utdity on the list for which such State elecmc unlity to which Title I applies
- tha Panel either before or after the . regulatory authonty has ratemal*f darms such calendar year, An elecmc meetms. Members of the public who authonty. In addition. wntten comments utility is defined as any person. State
< wish to make oral statements per'=ining are requested on the accuracy of the list agency or Federal agency which sella
, ta agenda items should contact Howard of elecmc utuities and gas unlities.
- electric energy. An electric utility is Puy at es addrua or telephone sats NotiScadons by State regulatory covered by Title I for any ' calendar year nummer Gated above. Reqmta-must be. authorities and wntten comments must if it had total sales of elecmc energy for received 5 days pnor to the meeting and k receivd by no !atar than 4:30 p.m. on pmpan ohr ha raak 2 excus d mesonable psovtsion will be made to February 14.1984. .- 500 adlion kdowatt-hours dunns any includat the presentation on the agenda.
i Chairperson of the Panelis monssa Nod 8cadons ud em '*alaadar par W.': dur Dmkr commam shad k forwardd te 31.1975, ami kfore h ediamly
= > t* a 5- De,a,mient d Energy. Ca and wag careaa,ye An aiectric.
,g.,ya, .g,gtatege ay,,1y Electricity Division.1000 Independenca utility is covered in 1964 if it exceeded c nduct of business. the threshold in 1375;1977.1978.1979..
. Avenue. S.W. (Room CA-033). Docket Tramecripts ' . No. ERA-R-29-438. Washington. D.C 1980,1981. or 1982. s
- 05as. Title m of PURPA addresses m ema,,,.pt d b maug wiD W.
ratemaking and other regulatory policy pon man rseromeATion coerract:
aveilable for pubuc review and copymg standards with respect to natural gas at the Freedom of Informacon Pubiic . Steven Mints. Coal and Elecmety Division. Economic Regulatory utihues. Section 301(d) of Title Z, -
Ruding Room. ifbl90. Forrestal requires the Seestary of Energy to -
Budding.1000!ndependence Avenue . Admimstration. Department of Energy.
SW. Washington. D.C. between 8:30 1000 Independence Avenue. S.W Room .pub,lish a ust before the beginnmg of CA-033. Washmston. D.C 20585. 202/ saca calendar year-. idanufying each gas a.m. and 4x10 p.m. Monday through 252-1857 unuty to which T!tteE appues dung Friday. except Federal holidays.
.ed at Washmston. D.C. on faauary 4.
surmanssrTAw uponsaATsow . s "
any m or
' !. "=- . "
- Federal agency, enga in the local .
Pursuant to sections 102(c) and 301(d) dismbudon of na gas and the sale i N # M C"""".""
- 8""*"# of the Public Utdity Regulatory Policies ofnatural gas to any ultimate consumer
! Act of 197E(PyRPA). Pub. C.96 417. 92 ofastural gas. A vas utility is covered .
1 I"*""""'"*****"' Stat. 3117 es seg. (is U.S.C :a01 et seg.), by Title HTIf it had total sales ofastural gas faq%~.w other than tesale in and section 211(b) of the Nanonal. '
4 l Energy Conservation Policy Act excess of to billion cubic feet during any (NECPA). Pub. L 96-619. 92 Stat. 3:06 et calendar year Wa= after December ,
! EconomicRegidstory Administreden seg. (41U.S.C.8211 et seg.) heretnafter. ' 3L 1975 and before de immediataly
[Desast Ms. IRMD-4-435) ', referred to a the "Act." the pr'eceding ent=ada, year. A utility is .
- Deparanent of EnerEr (DOE) is reqmrod coveredin1see ifit the
! Essaris and Gas UWWes Covered in - to publiab a list of ottlities to which threshold in 1978.1977.1975.1975.1980.
Neo 44 TWesI and m ofme Puhes TItfeud and 2 of PURPA and T!tles D 1981. or 1952. -
Uney Regidatory PoNeles Act om75.- .and VU of NECPA apply in 1984. T!tle D. Part 1. of NECPA. addressee and TWes N and WI W me N State regulatory authonties are residential conservadon programs, and EnerW Consonodon Pousy Act # ,
, required by the above cited Acts to Title VU of NECPA enacted as part of NM and Requirements How notify the " e r/ of Energy as to their . the Energy Security Act. Pub. L 90-294.
Reguistory Annhorses To Modfy me- ratemaking authonty over the listed 94 Stat. sit et seg. (42 U.S.C. 8701 et ,
Deparanent of Energ ' , unlities.m inclusion or exclusion of seg.). addresses commercial building any utility on or frma the !1st does not and mu1Wamily dwelling AespecT Econoanic Regulatory .
programs. Section 211(b) conservetion
- afect the legal obilsations of such utility contains a Adamistreden. DOE. .
- requitanent. simuar to est d WRPA.
AcTiose Notii:e.
or the moponsible authenty under the Acta. . that the Secretary of Energy publish a suessuurr: Sections 102(c) and 301(d) of .The term " State regulatory authority" list of electric and gas utilities to which .
ths Public Utility Regulatory Policise Act means any State. including the Dismet Titles H and VII apply.N NECPA -
of 1978 (PURPA) and section 211(b) of- of Columbia and Puerto Rico, or a requirements for coverage of elecmc ths National Energy Cocservation Policy poutical subdivision thereof. and any utdities and gas utilities d! Net from the Act (NECPA) require the Secretary of agency or instrumentality, either of PURPA requirements in only three Energy to publish a list before the - which has authority to Sx. modify, respects:
l . besmning of each calendar year, approve, or disapprove rates wie (1) m threshold for electric utilities identifytag each electric utility and gas roepect to the sais of elecme energy or is 750 million kilowest. hours for utility to which Titles 1 and 2 of PURPA natural gas by any utility (other than purposes o'ther than resale; l'
and Titles 5 and VU of NECPA apply such State agency) and in the case of a (2) e utility is covered fbe any
< . during emeh cniendar year. m 1994 list utility for which the Tennessee Valley calendaryearifit exceeded the -
' la published here as two separate Antherity(TVA)hes ratemaking timenhold duringthe second preceding e
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March 15,1984 SECY-84-ll8 g:_ The Commissioners From: William J. Dircks Executive Director for Operations
Subject:
DOE STUDY ON ALTERNATIVE APPROACHES TO FINANCING AND MANAGING CIVILIAN RADI0 ACTIVE WASTE MANAGEMENT FACILITIES
Purpose:
To inform the Commissioners on the first meeting of the Advisory Panel Discussion: Section 303 of the Nuclear Waste Policy Act (NWPA) required the Secretary of the Department of Energy (00E) to
" undertake a study with respect to alternate approaches to managing the construction and operation of all civilian radioactive waste management facilities, including the feasibility of establishing a private corporation for such purposes." The Secretary was directed by Section 303 tn
" consult" with the Chairman of the Nuclear Regulatory Commission (NRC) as well as the Director of the Office of Management and Budget (0MB) and appropriate agency representatives. Section 303 required the study to be submitted to Congress by January 7, 1984.
_ In carrying out these provisions DOE elected to establish an Advisory Panel pursuant to the provisions of the Federal Advisory Committee Act. The background surrounding the establishment of the Panel is Enclosure 1. The listing of the panel members and their affiliation is Enclosure 2.
The Federal Register notice calling the first meeting for January 24 and 25, 1984, together with the " Tentative Agenda" is Enclosure 3. A transcript of the meeting is Enclosure 4.
Contact:
J. Bunting, NMSS 427-4590 bi B
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2 Items of potential interest to NRC which were covered during the meeting are as follcws:
(1) Cost Increases - DOE announced that through their FY85 budget they were seeking an increase in the fee from 1 mil /KhH to 1.14+ mil /KWH to cover costs. There was considerable concern by numerous panel members over this cost growth. Going back too often for fee increases is seen as a threat to the program.
(2) Schedule Slips - DOE announced they would also slip the 1987 date for site reconar,endations to 1990. DOE's inability to meet schedules also was cause for considerable discussion. This extended to DOE's ability to establish a credible schedule and discipline to meet same.
(3) Schedule Assumption in Mission Plan - 00E emphasized they intended to recapture some of the schedule slips by obtaining a limited work authorization from NRC six months after submittal of the application and begin underground construction of a collocated test and evaluation facility without the requirement for obtaining a license from NRC.
(4) One Federal Agency Regulating Another - This subject was brought up by Battelle in the context that their examination of the record shows poorer performance by the regulator when regulating another federal agency than when regulating private corporations. On the other hand, record of private corporations seens to show less accountability to public and Congress. The Chairman indicated the Panel would examine this issue.
r.
William J. Dircks Executive Director for Operations v y Panel Background DISTRIBUTION:
- 2. Listing of Panel Members Commissioners
- 3. Federal Register Notice OGC
- 4. Transcript of Meeting E RS
- Available in the Office of the Secretary. SECY
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AUG 2 9 E NMSS r/f DHuff l MEMORANDUM FOR: William J. Oircks MKearney Executive Director for Operations JSurmeier DMattson FROM:
John G. Davis, Director JBunting Office of Nuclear Material Safety RBrowning and Safeguards
SUBJECT:
ASSIGNMENT OF AN NRC OBSERVER TO ATTEND MEETINGS OF THE 00E ADVISORY PANEL ON ALTERNATIVE MEANS OF FINANCING AND MANAGING (AMFM) RADI0 ACTIVE WASTE FACILITIES Section 303 of the Nuclear Waste Policy Act of 1982 requires the Secretary of Energy to undertake a study with respect to alternative approaches to managing the construction and operation of all civilian radioactive waste management facilities, including the feasibility of
- establishing a private corporation for such purposes. The Act requires the Secretary to consult with the Director of the Office of Management and Budget, the Chairman of the NRC, and such other Federal agency representatives as may be appropriate. The study is to be completed and the results submitted to Congress, within one year after the date of enactment of the Act (by January 7, 1984).
00E has chartered and is presently in the process of selecting participants for the AMFM advisory panel which will be performing the required study. As part of the 00E/NRC consultation process for this study, NRC has been extended the opportunity to have a staff observer attend advisory panel meetings. Therefore, in accordence with the letter from Chairman Palladino to Secretary Hodel dated July 8, 1983, we are nominating Joseph 0. Bunting to be the staff representative at these meetings. Meeting notes will be fonvarded to you for transmittal to the Commission soon after the conclusion of each meeting. Should any questions arise concerning this activity please contact Robert E.
Browning at extension 74200.
(Signed) John C. Davis John G. Davis, Director
~ Office of Nuclear Material Safety and Safeguards
- see orevinus caneurreneet
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l OATE :83/08/01 :
83/08/
83/08/ 83/08/7 83/08/'31 l Enclosure 1 t- 1
July 8,1983 The Honorable Donald Paul Hodel '
Secretary of Energy Wasnington, DC 20585
Dear !!r. Secretary:
Thank you for your letter of June 9,1983 informing me of your intent to establish an advisory panel to assist you in tne study required by Section 303 of the fluclear Waste Policy Act.
Early in your process of establishing an advisory panel we voiced a concarn that tne proposed charter for the panel did not provide for keeping NRC abreast of the panel's progress. This concern has been resolved in subsequent staff discussions and we have been extended the op Lort Aun to have an NRC observer attend the advisory panel mietings. M m pTeased .
with this arrangement and believe that it will afford us the apprcpriata means of following the panel's progress and will enhance our ability to consult with you promptly on ccmpletion of the advisory panel's report.
In regard to the scope of f4RC involvement with this study, we intend to limit our area of consultation to the examination of potential impacts on NRC regulatory responsibility which may flow from any reconnended alternative management proposal.
I look fomard to a meaningful exchange in the coming months.
Sincerely, Treated as Chairman Correspondence origt a1 sismd W Ref*-CR-83-110 gur,:te J. Talladino Nunzio J. Palladino Chairman Distribution: .
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MKearney E00 r/f GCunningham j .
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OFFICIAL RECORD COPY uwe un-=
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THE SECRETARY OF ENERGY g'#
WASHINGiaN O C 20585 g .
s June 9, 1983 Honorable Nunzio J. Palladino Chairman, Nuclear Regulatory Comnission dasnington, D.C. 20555
Dear Mr. Chairman:
Section 303 of tne Nuclear daste Policy Act of 1982 (P.L.97-425) recuires tne Decartment of Energy (00E) to study alternative accroaones to managing tne const:uction and oceration of all civilian radioactive *aste management facilities, including tne feasioliity of estaolisning a private cc:coration for suen ourcoses. 00E must suomit a Reoort to Congress oy January 7, 1934, .nien will include a tnorougn and oojective analysis of tne advantages and disadvantages of eacn ,
alternative accroacn.
In accordance with tne statuta, tne study snall ce concucted in consultation nitn tne Director of tne Office of Management and aucget, tne Chairman of tne Nuclear 9egulatory Commission, and otner aporcariate Federal Agency reoresentatives. I wisn to inform you of an action I nave taken to assist in tne develcoment of this study.
I am establisning, nitn tne concurrence of tne Committee Aanagement Secretariat of tne General Servic.es Administration, an Advisory Panel on Alternative Means of Financing anc Managing (AMFM) Radioactive Waste Facilities.
I am considering nominations of cersons nitn accroariate capacilities and oackground to serve on ene AMFM Panel, wnicn
.111 consist of accroximately ten memoers. Panel memoers will ce selected from a cross-section of interestec cersons anc groups. Particicants will need excertise in ene areas of utility regulation; utility coerations; suolic administration anc management organization; corporate financing; law; State / local governments and Indian nations; suolic interest / consumer groups; nuclear industry coerations; and Federal / State legislatures.
I am naving a notice cuolisned in tne Federal _ Reaister. After a 15-day naiting period, a Cnarter 4111 oe filec witn tne aporcariate standing committees of Congress and tne Liorary of Congress, m
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.q I shall notify you when the Panel is selected to provide you with the names of the members and the time and olace of tneir first meeting.
Sin rely,
\
-.1_1 DONALD PAUL HOCEL 4
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- DE*ARTMENT OF ENERGY CHARTER ADVISORY PANEL ON ALTERNATIVE MEANS OF FINANCING AND MANAGING RADI0 ACTIVE WASTE FACILITIES
- 1. Panel's Official Desicnation: ,
Advisory Panel on Alternative Means of Financing and Managing (AMFM) Radioactive Waste Facilities.
- 2. Ob4ectives aac Secce of activities:
To study and report to the Department of Energy on .
alternative means of financing and managing civilian radioactive waste facilities, pursuant to Section 303The of the Nuclear waste Policy Act of 1982 (P.L.97-425). -
panel's re;crt will include a thorough and objective --
analysis of the advantages and disacrentages of each
-( alternative approach. The canel shall complete its report and deliver its report to the Department by
~
November 15, 1983.
Tine meriod Necessary fc the AMrW to Carrv Out Its
- 3. .
Purcose:
Aporeximately 10 months. *
- 4. Official to whom this AMFM Recerts:
The Secretary of Energy, through the Project Director, Nuclear Waste Policy Act Project Office. .
Suceert fer the
- 5. Acency Resconsible for Previdime Necessarv AMFM:
The 00E. Within the 00E, primary support shall be furnished by the Nuclear Waste Policy Act Project Office.
the AMFM is Resconsible:
- 6. Descriotion of Outies for which The duties of the Panel are solely advisory and are stated '-
in paragrach 2 above. *
- 7. Estimated Annual Coerstine Costs in Collars and Persen-Years: ,
$330,000: 0.75 person-years. . '
b N
C - 2-
- 8. Estimated Number and Frecuen v cf Meetincs:
The AMFM will meet app;cximately six tines, on a monthly basis between May and November 1983, c as deemed-a;;;coriate by the Decartment of Energy.
- 9. curu Termination Date:
No later than Ma;0h 7, 1964. .
- 10. AMru Members:
The A"FM shall consist of accreximately ten members apacinted by the Secretary of Energy. The Secretary shall also designate one member to serve as chairman.
This Charter for the AMFM named above is hereby app;cved on: ,
Date: - -
(
\
K. Dean Helms Advisory Committee Management Officer Date Filed:
- e 8o C-g G
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Enclosure 2 e.
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MEMBERSHIP LIST ADVISORY PANEL ON ALTERNATIVE MEANS OF FINANCING AND MANAGING RADICACTIVE WASTE FACILITIES Chairman Diarmuid F. O'Scannlain Senior Partner Ragen, Roberts, O'Scannlain, Robertson and Neill 1600 Orbanco Building 1001 S.W. itfth Avenue Portland, Oregon 97204 Members
() E. Linn oraper, Jr.
Gulf State Utilities '
350 Pine Street Box 2951 Beaumont, Texas 77704 Brigadier General Mahton E. Gates, USA (Ret.)
Senior Vice President - Operations Southwest Research Institute P.O. Drawer 295La 79294 San Antonio, Texas Rodman D. Grimm President -
DGR Investment Corp.
600 Water Street, S.W.
Washington, D.C. 20024
(])
Barbara Keattag-Edh 913 Wycliffe Court Modesto, California 95355 Terry R. Lash Department of Nuclear Safety 1935 Outer Park Drive 62704 Springfield, Illinois Enclosure 2
- - - . o
Melvin Sampson Yakima Tribal Council P.O. Box 151 98948 Toppenish, Washington Dr. Fred Singer clark Hall -
University of Virgirita 22903 Charlottesville, Virginia David W. Stevens office of the Governor Legislative Building Olympia, Washington 98504 Sidney M. Stoller 1250 Broadway New York, New York 10001
() Chairman Larry J. Wallace
- Indiana Public Service Commission 901 State office Building -
Indianapolis, Indiana 46204 Honorable Arnie Wight New Hampshire House of Representatives State House 03301 Concord, New Hampshire O
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Enclosure 3 l
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. . - . - - - . . - . - _ - ._ _ _ _ _._ _ ._ _ _ _ ,__,,..______.______L__,..___., _ _ _ _ , _ __._,. _ ,._, ___ . .._. ,
s
. .- Federal Register / Vol. 49. No' 5 / Monday, Jmuery 9,1984 / N:tices 1107 Deted: January 4.19e8. S4.000.000. It is requested that all
!!. Alternatives Evaluated in the
- Interested parties provide written Prelimanary Eevironmental Assessment F. N. Ottle.
1.ieutenant Commander. /A CC. U.S. Navy. notification of theirinterest in receiving A.No action. Alternete hdemIRegister Liaison Officer. a copy of the PON to the below listed B. Renovation of existing facilities. treome*-easro. m mes.. point of contact not later than twenty C. Alternative site locations. a u ses cose asie.asas (20) days from the date of publicauon of this notice. Telephone inquines will not III. Statement of Conforouty to State and ,
be accepted. -
I.ocal Flood Plain Protection Standardo DEPARTMENT OF ENE310Y ,,, e amo,,m
[poos us, os.pwo4. 44AI.aeos41 U.S. Department of Energy, Albuquerque It has been determined that the Operatzons Office. Contracts and proposed action is consistent with the State of Pennsylvania's Coastal Zone Avellelpility of Program Opportasilty Induatnal Relations Division. ATIN:
Notice for Small Community Soter O. W. Wahlander. P.O. Box 5400, Mdnagement Plan to the maMmum .
Experimente Albequerque NM 87115.
extent practicable. ,
maasscv: Department of Energy (DOE). leeued in Weehington D.C., on December IV. Reasons Actig la r.- _ , to be Albuquerque Operations Office. .ta. tees.
I#'* I" actiose Avallability of Pro BenenJ.aseh.
Opportunity Nouce (PON) gram for Small Amefor. hoewwaet sad Assiomam t Military Readiness and Cost 1 1 8***"*'
Community Solar Expernments [PON No.
b maior advantage to be realized DE-PNO6-64AL2so34) . we om eemerens me ass I from construction of a new hospital will ena m e anos ese.e,.a
- be a more efficient organization of susssaany: DOE Intends to issue an functional relationships, and therefore, a unrestricted PON which will solidt proposals for the development of OfHee of Clveen Radleective Weste more effective use of staff. A new Management; Adyteory Peneien facility will also provida en improved technologies forlow-coet.long-life solar thermal eyetems for electrical power Altemsleve Itsens of Pineneing and c pability for effident expansion in the Menegeng(ARIPM) Messeectlee Weste future. This translates directly into a generation applications using focus-pomt collectore and Brayton. Stirling '. Feeeeee;OpenIsosene .
savings in dollars and manpower. C Finally, the cost of a new facility la *, ' , g
- h* . Pursuant to b provisions of b estimated to be approximately eight
, '] Federal AdvisoryCoundttee Act(Pub.
point. Issuance is plan.nsd for Jarmary L 92-4e3. se Stat. T70). notice is hereby-million dollare less than the astimated 3g ,4 .
cost of rehabilitation of theexisting Authority: DOE Organi= finn Act, given of the following meeting:
facihty. , Pub. L 95-01. 42 U.S.C. 7101: Federal ~ Name: Advisory Panelon Altasmative Non. nuclear Energy Research and Means of Finaamas and Manapas (AMrW)
B' Securrty Development Act of 1374. Pub. L 03-87y, Radioecove Weste Facilities.
Date and Time: January 24, iset, eco a.m.-
Proximity of the proposed facility 42. U.S.C. Sect et seq.t DOE Financf al within'the existing navalinstallation . Assistance Regulations, to CPR Part 900, seco pa: January 25. teos, eco sa-1so pm ,
Place: U.S. Department of Emergy. Forrestal will assure proper secunty is Subparts A and C. "
3wj,%,tn.
- ~
maintamed.
This activity is part of the Solar 3 aines.
, Thermel Power System Progrem for Contecc Howerd Perry U.S.tri- xt C. Generol Parabolic Dieb systems to demonstrate .of Energy. Offlee of Civillas Raddeceive technology for pareboIIc dish. heat Consideration of economic- Weste Avenue Management, SW. Washtagen.taco D.C Indr'30ses, engine electric power generation environmental and operational factore modules for ornall utility markets. W -' Telephose:202/2str4ata.- .
1:d to selection of one of five sites on objectives of the program are:(1)To* PapeneeMe W the main base--all of which are within venfy a parabolic dish solar thermal the 500 year flood plain. N preferred ' electrical power genereting module To study and report to b Department site is approximately 4 feet below the system using existing Breyton. Stirling of Energy on alternative approaches to 500 yeer flood elevation, but above b or Organic Ranidne Cycle heat enginee manasieg b construction and .
100 year flood elevation. This action is technology: and (2) to design. construct operetion of civilian tedibactive waste -
therefore subject to the provielons and and operate ental multi-module facilities, pursuant to Section 30s of the solar thermal trical power Nuclear Weste Policy Act of test (Pob.
requirements of Executive Order itses, the stated objective of which is to generatingplants using venfled modules L 97-423). W panet's report wdl at locations in Oeese City. Kansas, and include a thorough and objective reduce b risk'of Goodloss and to on the island of Moloksi. Hawaii.Each - analysis of the adventegesend minimize b impact of floods on human disadvantages of each attemative safety, health and welf are. - plant will have a rated electrical power output of at least 100 KWe, epproach.
V. Deteredsaties Pursuant to the DOE Aseistance Regulations (to CFR Part 800). DOE Teatehe W ,
Based on the Preliminary anticipates swarding a Cooperative . January 24."1884:
Environmental Assessment and for the Agreement for each lect location
- Committee Charter reasons cated above, the Department of subject to the avalla liity of funds.N
- Nucleer Weste Policy Act . .
the Navy has determined that location participante are expected to cor:trhte
- Program Statue of the proposed replacement naval financially to the effort which le
- Industry and State Petepectives hospital tn the base coastal Dood plain expected to commence in mid.tse4 and
- Committee Prioritsee and Products is the only practicable alternative to the be completed in 1987. DOE's maximum
- Public Comment (10 minute rule). .
Navy. contribution for each project location is January 28,1984:
Enclosure 3 h .
k .
11as . Fedmal Register / Vol. 48. Ns. S / Monday, hauary 9,1984 / Notiaan 1
tabulations. Appendix Alists the. authority,the ta's " State regulatory - ,
I
- Committee schedula and covered utilit es by State and Appendix authority" means the TVA.
l Assapmtote Title I of PURPA sets forth retemaking l
4 Stan Suppeep Needs B Each liste State
- hemregulatory alphabedcally' hority la and regulatory policy standards with
- Sudget aut l .
- PubGs Comment (to minute rule), requimd. purevant to sections 101.(c) and r,epect to electric utilitfee. Section 30110 of PUR?A and section 211(b) oli 102(c) requires the Secretary of Energy y,g,g y,g,g,,g,,
' NECFA. to notify the Secreterv of to publish a list. before the beguuu'ng of !
The mesdag is open to ts p'ublic. ' Energy of each electric utihty and gas each caloridas year, identifying each Wntten statements may be filed with utility on the list for which such State electnc utibty to which Title I applies
- the Panel either befon or after the regulatory authority has ratemakin8 dunne such calendar year, An electnc meeting. Wars of die public who authonty. In addition, wntten comunents utility is denned as any person. State wish to make oral statemwnte pertainin8 are requmed on b accuracy of the list agency or Federal agency which sella I
, to agenda itene should eontact Howard of electrie utiuties and gas utilities.
- electric energy. A2 electric utility is Pwry at the addnea or telepW satt Notificaibas by State regulatory covered by Title i for any calendar year number listed above. uesta must be. if it had total sales of electric energy for <
authortties and written commente must '
received 5 days prtric to e meeting and be received by no later than 4:30 p.m. on purposes other than resale in excese of '
masonable pmvision wiu be made w February 14.1984. . 300 adlion kilowett.houn during any i include the presentation on the agenda. * - NMSc h ud w e caludar yur % dwhmW '
r Ele Osirpenos d the Penelis 31.1975, and before the immediately conunente should be forwarded to:
I '
Deparanent of Energy. Coal and preceding calendar year. An electnc fa t a u rIY Electricity Division.1000 Independence " utility is covered in 1984 if it excuded the threshold in 1975,1977,1978.1979.
l conM d hea. Avenue. S.W. (Room CA-033). Docket 1980,19st. or 19st ' i
- No. ZRA-A-25 438. Washington. D.C.
Trenomiste Tide E of PURPA addmeen l 2oses.
The transcript of the meeting will be pen pusmeen espermanose coerract ratemalung and other regulatory policy standards W respect to natural gae [
available for public review and copying Steven Mints. Cor.i and Electricity I
at the Freedom of Information Pubue . utihties. Sects.m 301(d) of Title M, .
Division.Roooomic Regulatory Reading Rs.asa.19430. Forrestal Administrados. Department of Energy, requires the Secretary of Energy to -
Buildlag,10D0ladopenaeace Avenue . Avenue.S.W Room Publish a list, before the beginning of ;
SW Washington.D.C.between e:30 1000 in-O each calendar year. Iden'ifytas each gas i CA-433. Washington D.C Jones. 202/ j a.m. and 410D p.m Monday through - utthey to which Titler M applies during 282-4487. wch W4 year. A gas uWe Friday, emospt Federal holidays. [
supuesw mpomaaneet .
denned as any porosa. State agency or t leeued et Washineten. D.C on leouary 4. :
gg, .
'!.Beekpeand
. Federal agencf. La the local .
- distribution of na goe and the sale j hrouant to sectione 103(c) and 301(d) of natural gas to any ultimate consumer !
sery Can s. h age m of the Public Utdity Regulatory Policies of astural gas. A ges utility le covered . l Act of 1978 (PyRPA). Pub. I;. 90 417. 9g i by Title IIf!!it tred total asles of natural I"***'""**** Stat. 3117 et seg. lie U S.C 2001 et seg.),
gas fo< purposes other than resale la !
and section 211(t) of tFt National. '
excesa ot te bdlion cubic feet daring any Conservation Poucy Act cale: War yeer bestaaing after December l
r
( A). Pub, t. sus, et Stat. 320e et Seenomie Reguistory Adadnistreuen 31, ters, and before the imandlately l seg. (43 U.S.C. atit at seg.) hereinafter '6 referred to se se " Acts," the proceding calendar year. A gas utility le losenet h WIM 19-deE'l covered ta tseeifit exceeded the l Deperuneet of Energy (DOE) is required threshold la 1841g77. tem 19r9.19e0. l ElectrW gggg ,,g yUWMee and Se,e yg,, g ,pygg, Cowwedtompublieb a list of utilities to which test.or test. e 8" Titleal and 3 of PURPA andTittee D and VII of NBCPA apply in 1984. Title 11. Part 1. of NECPA. addressee l
,,g g ,,g g reefdential conservation programs, and State regulatory authorities are Title VII of NECPA. enacted as part of Energy Censensten Petey Act W , , required by the above cited Acts to notify the teoretary' of Energy as to their . t'se Energy Security Act. Pub. L SIwage.
- 8 '"8 Ad"*"*Toyomy Roadshry 8""me retomaking outbrity over the listed 94 Stat. ett et seg. (42 U.S.C 0701 et seg.l. addresses commercial building
, f
""II , utilities. "!%e taciue6ca or exclusion of and multifamily dwoulas conservanon !
aseseviEsenomic Regulatory . any utdity on at tros the list does not affect the legal obligations of euch utility programe.Section 211(b) contains a l Ademaistraties. DOS..
- or the mopensible authertty under the requituneet. einder to that of PURPA.
asmese Nottee. that the Seeretary of Energy publish a ,
Acts. .
ilet M electric and gas uttuues to which l suasmaspri Seattene 10E(c) and 301(d) of Die term " State re'gulatory authortrf Titles !! and VII apply.The NECPA - !
the Publie Utility Regulatory Poucles Act means any State. Including the Distrtet requisemente for coverage of electric l of Colusebia and Puerto Rico, or e j of ters (Pt.RPA) sad section 211(b) of- u ltittee and gas utilities differ from the the Natiesel Energy Conservation Poucy political subdivision thereof, and say PURPA reqwromontela only three Act(NBCPA)svguire the Secretary of agency or instrumentality, either of which has authertty to fix. modify. roepector Ensegy is publiek a list boisse the -
bestasies of each calender y2ar, approve, or dies e rates wie 11)'!he threebeld for electric utilities of electric energy or le Tag millies hileerett. hours for identifytes seek electrie utility and respect to the
' A natural goe by any utility (other than pwposes other than resale; .
utilitite which Titles Iand in of such State agency) andin the case of a (2)e unlityis severed the any and Titles B and Vilof NBCPA apply stility for wh6ch the Tennessee Vausy calender yearifit osaseded the l
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119/ REB /84/03/09/0 b 9,M //Y MAR 15 iG34 For: The Commissioners From:
-~
William J. Dircks Executive Director for Operations
Subject:
DOE STI:DY ON ALTERNATIVE APPROACHES TO FINANCING AND MANAGING CIVILIAN RADI0 ACTIVE WASTE MANAGEMENT FACILITIES
Purpose:
To inform the Commissioners on the first meeting of the Advisory Panel Discussion: Section 303 of the Nuclear Waste Policy Act (NWPA) required the Secretary of the Department of Energy (00E) to
" undertake a study with respect to alternate approaches to managing the construction and operation of all civilian radioactive waste management facilities, including the feasibility of establishing a private corporation for such purposes." The Secretary was directed by Section 303 to
" consult" with the Chairman of the Nuclear Regulatory Commission (NRC) as well as the Director of the Office of Management and Budget (OMB) and appropriate agency representatives. Section 303 required the study to be submitted to Congress by January 7, 1984.
In carrying out these provisions 00E elected to establish an Advisory Panel pursuant to the provisions of the Federal Advisory Committee Act. The background surrounding the establishment of the Panel is Enclosure 1. The listing of the panel members and their affiliation is Enclosure 2.
The Federal Register notice calling the first meeting for January 24 and 25, 1984, together with the " Tentative Agenda" is Enclosure 3. A transcript of the meeting is Enclosure 4.
n ng, NMSS 427-4590 b
0FC : : : : : : :
NAME : : : : : : :
DATE :84/03/09 : : : : : :
'r 119/ REB /84/03/09/0 Items of potential interest to NRC which were covered during the meeting are as follows:
(1) Cost Increases - DOE announced that through their FY85 budget they were seeking an increase in the fee from 1 mil /KWH to 1.14+ mil /KWH to cover costs. There was considerable concern by numerous panel members over this cost growth. Going back too often for fee increases is seen as a threat to the program.
(2) Schedule Slips - DOE announced they would also slip the 1987 date for site recommendations to 1990. DOE's inability to meet schedules also was cause for considerable discussion. This extended to DOE's ability to establish a credible schedule and discipline to meet same.
(3) Schedule Assumption in Mission Plan - DOE emphasized they intended to recapture some of the schedule slips l by obtaining a limited work authorization from NRC six months after subnittal of the application and begin
! underground construction of a collocated test and evaluation facility without the requirement for obtaining a license from NPC.
(4) One Federal Agency Regulatino Another - This subject was brought up by Battelle in the context that their f
examination of the record shows poorer performance by the regulator when regulating another federal agency than when regulating private corporations. On the other hand, record of private corporations seems to show less accountability to public and Congress. The Chairman indicated the Panel would examine this issue.
Gignt0 Willi 2U b UN William J. Dircks Executive Director for Operations
Enclosures:
- 1. Advisory Panel Background
- 2. Listing of Panel Members
- 3. Federal Register Notice
- 4 Transcript of Meeting
- Available in the Office of the Secretary.
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